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06/23/2003 - 46230 . �. OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING JLTNE 23, 2003 r . a . : � � � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 8:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, AD�RFSS ANi� /TFM NUMBFR YaU ARF /NTFRFSTFD /N. � f CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 8:30 p.m. - City Council Chambers Attendance Sheet ALFASF AR/NT NAMF, At�t�RFSS AND /TFM NUMSFR YaU ARF /Ni�RFSTFfl /M. � � CITY OF FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION OF VALUES FIRST 2003 COMMUNITY RECOGNITION AWARDS: Individual: Cathy Smith Community Organization: Campaign of Cheer Business: Sign Language 8� Golden Awards APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 19, 2003 City Council Meeting of June 9, 2003 FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE Z APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Repealing Chapter 504, Taxicabs and Amending Chapter 11, General Provision and Fees, ofthe Fridley City Code ...................................................................................... 1- 2 + NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of June 4, 2003 ......� .......................................................... 3- 11 3. Approve Development Agreement Between the City of Fridley and Michael Juaire for the Plat of Land Generally Located at 1275 Norton AvenueN.E. (Ward 2) ........................................................................................ 12 - 18 4. Approval of Final Plat Request, PS #03-03, by Michael Juaire, PMJ Group, Inc., for the Construction of New Townhomes, Generally Located at 1275 Norton Avenue N.E. (Ward 2) ....................................................................................................... 19 - 24 5. Resolution Authorizing Changes in in Appropriations for the 2003 Budget for January through June, 2003 ......................................................................... 25 - 27 FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Receive Bids and Award Contract for the Hickory Drive Watermain Project No. 350 ....................................................................................................... 28 - 31 �- � 7. Claims ....................................................................................................... 32 8. Licenses ....................................................................................................... 33 - 37 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. ~ _ , PUBLIC HEARING: 9. Consideration of Alley Paving Project No. ST. 2003 — 3 ................................................................................................ 38 FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 4 NEW BUSINESS: 10. Resolution Ordering �inal Plans and Specifications and Estimates of Costs Thereof: Alley Paving Project No. ST. 2003 — 3 ........................... .......................................................................... 39 - 40 , 0 11. Resolution Receiving Final Plans and � Specifications and Obtaining Quotes: Alley Paving Project No. ST. 2003 — 3 ............................................................... 41 - 43 12. Resolution Revoking the Intoxicating Liquor License�for MN Sean Co., D/B/A Sean's Grille & Pub, Located at 8298 University Avenue N.E. (1Nard 3) ....................................................................... 44 — 46 13. Preliminary Plat Request, PS #03-04, by Michael Juaire, PMJ Group, Inc., for the Construction of New Townhomes, Generally Located at 1163 and 1175 - Norton Avenue N.E. (Ward 2) ............................................................................ � 47 — 53 14. Informal Status Reports ..................................................................................... 54 ADJOURN. � � CITY COUNCIL MEETING OF JUNE 23, 2003 � � if Fridley will not discriminate against or harass anyone in the admission or access to, or or employment in its services, programs, or activities because of race, color, creed, religion, igin, sex, disability, age, marital status, sexual orientation or status with regard to public Upon request, accommodation will be provided to allow individuals with disabilities to in any of Fridley's services, programs, and activities. Hearing impaired persons who need an or other persons with disabilities who require auxiliary aids should contact Roberta Collins at t least one week in advance. (TTD/572-3534) iE OF ALLEGIANCE. �<.. 'ATION OF VALUES FIRST IMUNITY RECOGNITION AWARDS: Cathy Smith 5� � � � �. � � P , � ��-- K � '. 3 Z � � Community Organization: Campaign of Cheer Business: Sign Language & Golden Awards �ROVAL OF PROPOSED CONSENT AGENDA: 'ROVAL OF MINUTES: City Council Meeting of May 19, 2003 City Council Meeting of June 9, 2003 i �� \� �\� ��` �- � �� ` �� w � � �� 4` � �7 ,r � uK� �� ' ��N 1 e . . > i �� FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 � PAGE 2 'APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: �p , U�� 1. Second Reading of an Ordinance Repealing �� Chapter 504, Taxicabs and Amending �\ ' Chapter 11, General Provision and Fees,. ofthe Fridley City Code ..............................................:....................................... 1- 2 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of June 4, 2003 ......:......................................................... 3-11 3. Approve Development Agreement Befinreen the City of Fridley and Michael Juaire for the Plat of Land ' Generally Located at 1275 Norton AvenueN.E. (1Nard 2) ........................................................................................ 12 - 18 �/ `/ _ _ 4. Approval of Final Plat Request, PS #03-03, by Michael Juaire, PMJ Group, Inc., for the �� Construction of New Townhomes, Generally Located at 1275 Norton Avenue N.E. (Vl/ard 2) .............. .. 19-24 �. s 5. Resolution Authorizing Changes in �1 � 1�b� in Appropriations for the 2003 Budget for January through June, 2003 ......................................................................... 25 - 27 FRIDLEY �ITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED�: � l� �. 6. Receive Bids and Award Contract for � �i ,� the Hickory Drive Watermain Project No. 350 ....................................................................................................... 28 - 31 7. Claims 8. Licenses � ........ ................................:........................................................... 32 ....................................................................................................... 33 - 37 ADOPTION OF AGENDA. �� D� ��c� � �` ��' _ . � �� ' . � S �� OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. PUBLIC HEARING: � � � � � �' P �° -, � sk 1 , � � ��` ,�,� b �� 1 � �� ,�w � �-� � �-�- � o � a� . �� 6� �`�` �� 1 �� e � /� � � 9. Consideration of Alley Paving Project �� No. ST. 2003 — 3 ................................................................................................ 38- • 1�^�-�G� ,,o� . J�� ,c�"'" (� 6Y� � . `. . FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 4 , NEW BUSINESS: Lbt1��10. Resolution Ordering Final Pians and Specifications and Estimates of Costs Thereof: Alley Paving Project No. , ST. 2003 — 3 ........................... .......................................................................... 39 - 40 �� 1� �, �° �\ . Resolution Receiving Final Plans and � Specifications and Obtaining Quotes: ;� �C Alley Paving Project No. ST. 2003 — 3 12. ��s� �`� 1 � �� 13 Resolution Revoking the Intoxicating Liquor License for MN Sean Co., D/B/A Sean's Grille & Pub, Located at 8298 � �� ............................................................... 41 - 43 �c�, �pU'� � ' e N.E. (1Nard 3) ....................................................................... 44 — 46 �� h�S P � � 1�- r� �'`'I , �I� gI �� Q� I� Preliminary Plat Request, PS #03-04, by Michael Juaire, PMJ Group, Inc., for the Construction of New Townhomes, � Generally Located at 1163 and 1175 Norton Avenue N.E. (1Nard 2) ........................................................................ _ _ .____ ____�._ . _____ _ -------_..—._.__. , �',`.�� i 5 �t, 3& � _____ _ _ - I. ^ ..� � C�c�� , � � ,� � �, � �� (��z8��3 � � 14. Informal Status Reports ..................................................................................... J�v �� l� �� ADJOUR � n �� . 3 � �l ' (�` , 47 — 53 54 - THE MINUTES OF THE FRIDLEY CITY COUNCIL � MEETING OF MAY 19, 2003 v � i�. ,� �� , MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 19, 2003 The Regular �leeting of the Fridley City Council was called to order by Mayor Lund at 7:31 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney Jon Haukaa.s, Public Works Director Stacy Stromberg, Planner APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of Apri128, 2003. City Council Meeting of May 5, 2003. APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1178 AMENDING FRIDLEY CITY CODE, CHAPTER 901, PENALTIES. Dr. Burns, City Manager, stated the City Code was revised to conform with State law. _ The new language allowed the court to assess the fine up to the maximum allowed by State law and/or imprison violators of the City Code for up to 90 days. The change raised the maximum financial penalty from $700 to $1,000. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1178 ON SECOND READING AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 NEW BUSIYESS: PAGE 2 2. RECEIVE THE 1VIINUTES OF THE PLANNING CONIrIISSION MEETING OF NIAY 7, 2003. RECEIVED. 3. SPECIAL USE PERMIT REQUEST, SP #03-08, BY MICHAEL MALONE, TO CONSTRUCT A SECOND ACCESSORY STRUCTURE (ATTACHED GARAGE), GE�TERALLY LOCATED AT 635 ELY STREET N.E. (WARD 3). Dr. Burns, City Manager, stated the petitioner wanted to tear down his single-car detached garage and replace it with a two-car garage. Since Mr. Malone's home was in a Flood Fringe District, he needed a special use permit. The Planning Commission approved this special use permit request together with six stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-08, BY MICHAEL MALONE, WITH SIX STIPULATIONS: 1. PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 3. THE TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES SHALL NOT EXCEED 1,400 SQUARE FEET; 4. GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH A COMPLIMENTARY COLOR SCHEME; 5. THE PETITIONER SHALL SUBMIT AN ELEVATION CERTIFICATE AS PART OF A VERIFYING SURVEY PRIOR TO THE FOUNDATION BEING CAPPED, WHICH SHALL VERIFY THAT THE MINIMUM GARAGE FOR ELEVATION AT 822.9 FEET; AND 6. THE PETITIONER SHALL FLOOD-PROOF THE GARAGE IN ACCORDANCE WITH CURRENT FEDERAL AND STATE FLOOD-PROOFING REQUIREMENTS TO A MI1vIMUM OF THE 100-YEAR FLOOD ELEVATION. 4. SPECIAL USE PERMIT REQUEST, SP #03-09, BY MICHAEL WOJCIK, TO CnNSTRUCT A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 109 — 76 WAY (WARD 3). Dr. Burns, City Manager, stated the request was to construct a 600-square foot accessory structure for storage of recreational vehicles and equipment. The Planning Commission approved this permit request and six stipulations at their May 7 meeting. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-09, BY MICHAEL WOJCIK, WITH SIX STIPULATIONS: 1. STAFF SHALL CONDUCT REGULAR INSPECTIONS OF THE SITE. IF, AT ANY TIME, A TRAIL SIMULATING A DRIVEWAY IS PRESENT, A HARD SURFACE DRIVEWAY AS APPROVED BY THE CITY WILL NEED TO BE INSTALLED WITHIN 90 FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 3 DAYS; 2. PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 4. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES SHALL NOT EXCEED 1,400 SQUARE FEET; 5. THE ACCESSORY STRUCTURE SHALL BE ARCHITECTURALLY CONIPATIBLE WITH EXISTING HOME AND FINISHED WITH COMPLIMENTARY SIDING AND COLOR SCHEME; 6. SPECIAL USE PERMIT APPROVAL IS DEPENDENT UPON APPROVAL OF THE PETITIONER'S VARIANCE REQUEST. �. RESOLUTION NO. 23-2003 RECEIVING FINAL PLANS AND SPECIFI- CATIONS AND ORDERING ADVERTISEMENT FOR BIDS: HICKORY DRIVE WATERMAIN REPLACEMENT PROJECT NO. 350. Dr. Burns, City Manager, stated they were planning a neighborhood meeting on this matter with the contractor and Councilmember Bolkcom for the week of June 23. The project included replacement of the wa�ermain on Hickory Drive between 69�' Way and Hickory Circle. The amount of $100,000 was budgeted in this year's capital improvements budget for this project. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 23-2003. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2003 STREET IMPROVEMENT PROJECT NO. ST. 2003-1. Dr. Burns, City Manager, stated the bids for the Marian Hills Street Improvement Project were opened on May 14. The low bidder was Hardrives, Inc., of Rogers, Minnesota, in the amount of $693,360.41. The bid included $614,392.66 for street improvements; $77,196.75 for storm sewer improvements; and $1,771 for watermain improvements. This year's capital improvements budget included $700,000 for street and water system improvements. There was also additional money budgeted for miscellaneous storm water improvements. Staff recommended Council's approval. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2003 STREET IMPROVEMENT PROJECT NO. ST. 2003-1 TO HARDRIVES, INC., IN THE AMOLTNT OF $693,360.41. 7. CLAIMS AUTHORIZED PAYMENT OF CLAIM NOS. 111341 THROUGH 111575. 8. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 4 9. ESTIMATES. APPROVED THE FOLLOWING ESTIMATES: Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025-9461 _ Hartman Circle Watermain Looping Project No. 347 FINAL ESTIMATE $29,450.33 - CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 6 � $70,296.20 No persons in the audience spoke regarding the proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Councilmember Billings asked to add two items to the agenda, Items l0A and lOB and label them "Land Use Issues." MOTION by Councilmember Billings to add Items l0A and l OB to the. agenda. Seconded by Councilmember Barnette. _ UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlYIMOUSLY. ' MOTION by Councilmember Barnette to adopt the agenda as amended. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 5 OPEN FORUM, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: 10. SPECIAL USE PERMIT REQUEST, SP #03-07, BY RJ RYAN CONSTRUCTION, INC., TO ALLOW A ROCK CRUSHING AND RECYCLING FACILITY ON THE NORTHERN 325 FEET OF THE PROPERTY LOCATED AT 8170 HICKORY STREET N.E. (WARD 3). Ms. Stromberg, Planner, stated the petitioner, RJ Ryan Construction, Inc., who was representing Frattalone Excavating and Grading, Incorporated requested a special use permit to allow a rock crushing and recycling facility on the northern 325 feet of the property located at 8170 Hickory Street N.E. Dahlke Trailer Sales Company would occupy the southern portion of the property. The subject property was vacant, had never been developed, and was zoned M-3, Outdoor Intensive Heavy Industrial. The properties tv the north, east, and south were also zoned M-3 Outdoor Intensive Heavy Industrial. To the direct west of the property were the railroad tracks. The property beyond the railroad tracks was zoned M-1, Light Industrial, and M-4, Manufacturing Only. Ms. Stromberg stated in late 1982, the M-3, Outdoor Intensive Heavy Industrial, zoning district was created and approved by the City Council. T'he intent of this new industrial district was to control the location of outdoor intensive uses to ensure compatibility with adjacent uses. The purpose was to allow the location of trucking terminals and intensive outdoor uses such as crushing and recycling facilities. T'he properties in which the M-3 zoning applied are generally located between 79th and 83`d Avenue and the railroad and Main Street. Ms. Stromberg stated the crushing operation would be 569 feet from the nearest trail in the Springbrook Nature Center and 745 from the nearest single-family home. The closest neighbors to the subject property were industrial properties. City Code allows the operation of a rock crushing facility with a special use permit in the M-3 zoning district. The petitioner requested a special use permit to allow the location of a rock crushing and recycling operation on the northern 325 feet of the property located at 8170 Hickory Street. - Ms. Stromberg said staff conducted an on-site inspection of Frattalone Excavating's rock crushing operation. The equipment staff viewed and heard would be the same equipment used on the proposed site. When staff sat in a vehicle with the windows shut 200 feet from the crushing equipment, the decibel level was 54. When the windows were opened, the decibel level went up to 70 decibels. At 100 feet from the crushing equipment, the level with the windows closed was still at 54 and with the windows open it went up to 75 decibels. With the windows opened at 50 feet from the equipment, the decibel level was at 76. The City's noise ordinance stated that noise in the industrial districts could not exceed 80 decibels at the property line. Ms. Stromberg stated Frattalone Excavating had a permit from the Minnesota Pollution Control Agency for dust control. The permit authorized the construction, modification, and operation of FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 6 non-metallic mineral processing. When staff conducted their site visit, they also observed how the dust operation was controlled. Throughout the rock crushing process, there were several water sprinkling devices that kept the material wet which aided in reducing the dust level. As a result, there was minimal dust created from the machine and the process. Frattalone Excavating would be required to pave their driveway and install curbing that would also help minimize dust. They would also be required to sweep and clean the streets daily or more if necessary. Ms. Stromberg stated at the April 16 Planning Commission meeting, this request was tabled to allow staff additional time to review and analyze stipulations presented by NIr. Malcolm Mitchell, president of the Springbrook Foundation. Upon review and after meeting with Mr. Frank Frattalone, CEO of Frattalone Excavating, the following changes were suggested to the stipulations. Ms. Stromberg stated that with respect to Stipulation No. 2, the Springbrook Foundation recommended changing it to read: "Crushing shall occur no more than 60 days a year with not more than 20 days being during the months of May through September." Staff changed the stipulation to read: "Crushing shall occur no more than 72 days a year, with not more than 36 days being through the months of May through September." The crushing operation will be allowed Monday through Saturday. This stipulation was changed to reflect days as requested by the Springbrook Foundation. The petitioner, however, stressed the necessity of additional time during the months of May through September and requested an additional 12 days. After thoroughly reviewing the request, staff agreed to change the stipulation. Ms. Stromberg stated that with respect to Stipulation No. 4, the Springbrook Foundation recommended that it be changed to read: "The maximum height of any stockpile shall never exceed 15 feet." Staff believed the current wording was sufficient. Ms. Stromberg said with respect to Stipulation No. 10, the Springbrook Foundation recommended adding a clause that stipulated the minimum total gallons per minute of water flow required to settle the dust during operation. Staff believed that the amount of water used to settle the dust was dependent upon the type and moisture of the material being crushed as well as the weather. Frattalone Excavating indicated that their experience has proven that different days with different atmospheric conditions will require different watering techniques and volumes. They have committed to controlling dust and understand the danger to their special use permit and their existence on the site if they do not do so. Staff recommended that they leave the volume of water and watering techniques to Frattalone and simply monitor the area to ensure dust control success. Ms. Stromberg stated with respect to Stipulation No. 11, the Springbrook Foundation recommended changing this stipulation to read: "The petitioner shall obtain all the necessary permits and approvals that aze required by the Minnesota Pollution Control Agency. This may include, but not be limited to, an NPDES permit, a certification of a condition of no exposure, a storm water phase 1 or phase 2 permit, air emission permit regarding particulates, Environmental Assessment Worksheet, etc. Staffls contacted the Minnesota Pollution Control Agency prior to the report the Planning Commission received before their Apr�l 16, 2003, meeting. An environmental assessment worksheet was not required as it did meet the criteria. Frattalone Excavating has an air emissions permit from the MPCA which authorized the construction, FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 7 modification, and operation of non-metallic mineral processing. Staff recommended not changing the stipulation. Ms. Stromberg said with respect to Stipulation No. 13, the Springbrook Foundation recommended changing it to read, "Noise levels shall comply totally with the Fridley noise ordinance, including the decibel measurements and the location at which the measurements are to be taken, provided that the noise levels shall not exceed 66 decibels at the north boundary." City Code indicated that noise in the industrial districts could not exceed 80 decibels at the property line. In response to the Springbrook Foundation's concerns, the petitioner intended to move the crushing equipment an additional 80 feet from the northern property line. Accordingly, the equipment would be placed around 180 feet from the northern property line which was 569 feet from the nearest trail in the Springbrook Nature Center. Ms. Stromberg said that with respect to Stipulation No. 17, the Springbrook Foundation asked what the phrase "ensure compatibility" meant. The purpose of the broad wording was to insure that the stipulations were being adhered to and that the neighboring property owners were not negatively impacted. � Ms. Stromberg stated the Springbrook Foundation recommended adding Stipulation No. 18 which stated: "The petitioner shall determine and document the pH of the creeks/streams into which runoff water from the property will enter. This shall include any cyclical variations in pH that may occur on a daily, weekly, monthly, seasonal or other basis. The runoff and/or discharge from the petitioner's property shall be maintained with a pH range of 6.5 to 8.5, as measured 20 feet downstream of the discharge point." Based on the response from the City's Public Works Director, staff did not recommend adding this stipulation. Ms. Stromberg stated the Springbrook Foundation also recommended the addition of Stipulation 19 which read: "The petitioner shall furnish sound measuring equipment to the Springbrook Nature Center as follows: one portable, battery-operated decibel meter with a capacity to document sound level readings over at least a 24-hour period and sufficiently accurate and sensitive to determine compliance with the City of Fridley ordinance that specifies sound levels. If and when either portable device has operational di�culties that would render it unable to meet the above requirements at any time in the future, the petitioner shall provide a fully operational device of equal or greater functionality within a short period of time, meaning days, not weeks." She said it was inappropriate to request money or goods from a petitioner as a condition of approval of a land use request. She said staff recommended that if the special use permit request was granted, seventeen stipulations, which she outlined, be included. Councilmember Bolkcom asked if there had been a discussion in the early 1990's about the property being close to a residential area. Mr. Hickok, Community Development Director, said there was no discussion. At the time, residential property owners did not speak about the issue with the exception of one or two, and the concerns were about having land available for certain land uses. FRIDLEY CITY COUNCIL NIEETING OF MAY 19, 2003 PAGE 8 Councilmember Bolkcom asked if the neighborhood would have been notified. Mr. Hickok stated the M-3 district zoned at that time was a rather large area. Some of the properties probably were within the 350 feet at the southern end and probably were notified. All public hearing notices are published. Councilmember Billings stated back in 1992, the 3�0-foot notice went out from the edge of the property, not from where the crushing was taking place. He asked if they knew what the zoning was before it was rezoned to M-3. Mr. Hickok said it was M-2 at the time, which meant it was still heavy industrial. Councilmember Billings asked if rock crushing was permitted in an M-2 district. Mr. Hickok said it was at that time. Councilmember Billings said that changing it from M-2 to M-3 in 1992 did not change the fact that rock crushing was a permitted use on that site. Mr. Hickok agreed. Councilmember Bolkcom asked what the decibel level of a moving train would be. Mr. Hickok replied the study done on the Northstar Corridor talked about decibel levels of about 56 decibels from the Springbrook Nature Center. The discussion they were having right now in the room was about 50 decibels, but everything was relative to distances, origin of sound, and where it was being received. He said if he were to talk outside her door, it would be a 50-decibel reading. Councilmember Bolkcom stated the reason she asked was at the Planning Commission meeting there was a discussion that it was similaz to a train. She asked if the noise ordinance was any different if it was next to a residential azea. Mr. Hickok said that it would need to be for a residential area or the Springbrook Nature Center. The noise level of 80 decibels is fine, as long as when the sound reached the Springbrook Nature Center or a residential area, it was down to a 60 to 65 decibel range. Councilmember Bolkcom asked if they made a distinction between a constant level versus an intermittent level. Mr. Hickok replied as long as it was within the range on the receiving end, it was okay. Councilmember Bolkcom asked about limiting the days they could operate. Mr. Hickok said we needed to expect it to operate all year. They asked for more summer hours because that is when their operation is running at full speed. He said that was why the FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 _ PAGE 9 stipulation was modified to allow additional summer days. He said a big part of the operation is bringing in material. They do not crush until they have a certain volume of material. He stated they can safely say that the limited number of days they have spelled out work, because they do not crush rock that often. Also, the site is simply not big enough. One of the policing factors that was built into this was that piles could only be 15 feet high. Councilmember Bolkcom replied that a majority of their time would be used in the summertime when most people have their windows and doors open. Mr. Hickok replied up to 50 percent of their time would be spent during the months of April through September. Councilmember Bolkcom asked about the dust. Mr. Hickok said they were very concerned about that and that was why the stipulation about meeting MPCA dust requirements was included. The watering operation involved not only the water on the conveyors, but also watering on the ground before the trucks moved over it so dust was not stirred up by the trucks. He said it was important to point out that watering was not a requirement of the Pazk Construction special use permit, and Park Construction had an operation since 1982. Councilmember Bolkcom asked about the trucks being watered before they leave. Mr. Hickok replied the material in the box is sprayed as the truck is leaving Councilmember Bolkcom asked with the trucks being watered, were they concerned about the trucks draining out onto the street as they were leaving. Mr. Hickok replied it basically it wets the top of the pile and settles the dust that might be sitting on the top of the box. Councilmember Bolkcom asked if there was an issue about materials flying off the back of the truck. Mr. Hickok said what they sought to do with the stipulation was control the dust as the truck left the site. Councilmember Bolkcom asked about NPDES and information about it not meeting the criteria. Mr. Hickok said it did not meet the criteria for the Environmental Worksheet because it was less than six acres in size. Mr. Haukaas replied the NPDES permit stood for National Pollution Discharge Elimination System which tries to reduce any and all forms of pollution including oil spills, dust, and erosion. The Minnesota Pollution Control Agency has several permits for this. The permits each have FRIDLEY CITY COUNCIL MEETING OF MAY 19. 2003 PAGE 10 their own requirements and stipulations at the State level. Petitioner needed to meet all the requirements. Councilmember Bolkcom asked who would contact the MPCA to make sure petitioner met the requirements. 1VIr. Haukaas, Public Works Director, said they would know the MPCA's answer. _ Councilmember Bolkcom asked if there were any traffic counts on 81S` and University and if they knew how many trucks would be added because of the operation. ' Mr. Hickok replied he was not sure if they had traffic counts. The traffic, however, did fall within the realm of what was expected for development of that area in terms of tonnage of roadways, width and the capacity of the roadways. Councilmember Bolkcom asked about the metallic particles that aze picked out with a magnet and how they are disposed of. � Mr. Hickok said they were recycled. He said he believed about 97 percent of the material that came into the site was recycled. That included the rock, the stone, and the metal. They fill the bins and then send it offsite. They are able to reuse the rebar in a melted down state for a number of different other products. Councilmember Bolkcom asked if the area was � hard surface. Mr. Hickok said it was not. Councilmember Bolkcom asked if there could be some issue about metallic particles getting into the soil and into the groundwater. Mr. Haukaas replied the metallic particles were primarily iron, an inert material, so it was not something that had an efFect the groundwater. Councilmember Bolkcom asked if there was something that would come off the crusher, get into the soil and ultimately go into the grottndwater. Mr. Haukaas said he did not believe there was a significant amount of material on this site that would be detrimental to the groundwater. - Councilmember Bolkcom asked if they had contacted the MPCA. Mr. Hickok said they had had a couple of different conversations with the MPCA. Councilmember Wolfe asked how long it took staff to go through all the stipulations that were added and subtracted. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 11 Mr. Hickok said he thought it took about a couple of days. Councilmember Wolfe asked if there had been any problems with Park Construction. Mr. Hickok said it had been a very quiet operation. Councilmember Bolkcom asked how often they did any rock crushing. Mr. Hickok said he thought they have gone almost two years without crushing. Councilmember Billings asked whether rock crushing was a permitted use in this zone. Mr. Hickok said it was permitted through the special use permit provision. Councilmember Billings said the special use permit was sometimes referred to as a conditional use permit. There were certain uses in each and every zoning district that a person buying a piece of property could do without coming to the city to get a special use permit. In this particular district, Heavy Industrial, there were a number of things that were permitted without coming to the City to get authority to do it, but rock crushing is one that you have to come to the City to get authority to do. In so issuing the approval, the City can place reasonable requirements on the property and the property owner as to how they operate that particular operation. Since this is a use that is legal, the City must make sure that the stipulations aze reasonable. He said it then became incumbent upon the City of Fridley to determine that the specific use was contrary to the health, safety, and general welfaze, and to demonstrate why they can't have a special use permit for the site. He asked Mr. Hickok if he agreed. Mr. Hickok said he did. Councilmember Billings asked Attorney Knaak if he agreed. Attorney Knaak, City Attorney, said he did. Councilmember Billings asked if they placed cost-prohibitive requirements on the property without having reasonable and just cause to do so, would the City be subject to legal action on the part of the property owner and/or petitioner. _ Mr. Knaak replied, yes. Mr. Frank Frattalone, approached and said with respect to sound, it is quiet when you go by the crusher and as stated in the report, when you drive in a vehicle with the windows closed a couple hundred feet away, you could not heax the crusher. The crusher does not sound like a train going by, and homes that are 450 feet away are not going to hear it. They may hear the backup alarm on the loader, but it is an OSHA rule. He said they were working with OSHA about using the equipment without a backup alarm in a confined space as long as they have radio contact and is posted. FRIDLEY CITY COUNCIL MEETING OF MAY 19. 2003 PAGE 12 Mr. Frattalone said the company is a basically a recycling facility. He got involved about 1� years ago. All of the concrete and asphalt from job sites, building demolitions and sidewalks, etc., used to be buried in the landfills. He said Minnesota's specification for gravel underneath our roadways and parking lots was Class �. The material was either made out of limestone or gravel or mineral gravel or the recycled product. The recycled product was better than mineral gravel. He said with respect to days of operation, they were talking about 36 days during the summer. When he first applied, he was not aware of the 15-foot high rock pile restriction in the City of Fridley. The reason they needed at least 36 days in the summer was because of the 15- foot high pile limit. He could only get about 30,000 to 35,000 yards in the site at a time. He would need to crush twice in the summertime and would need 36 days. That was why they asked for a little bit more time than the Nature Center requested. He would like to try and work with the Nature Center staff, residents, and the staff in Fridley. He said with respect to pollutants in the material, the material they are making gravel out of is the same material that driveways and homes are made out of. It was concrete and asphalt. Councilmember Barnette stated there was some concern about dust blowing ofF the piles. If it was windy, the wind would not blow dust ofF tl;e piles. Mr. Frattalone replied that was pretty much correct. He could not say it was zero. He said it is gravel with rock and it did have a covering on it. Councilmember Wolfe said staff had talked to the City of Little Canada about the operation and they had nothing but good things to say. Mr. Hickok said they had a very good working relationship. Councilmember Bolkcom asked about how many trucks would be going in and out on a given day. Mr. Frattalone replied they hoped to have an average of 100,000 tons a yeaz, which would be 200 working days, and that would be about 281oads in and 281oads out on average per day. Councilmember Bolkcom asked about the stipulation of 7:00 a.m. to 7:00 p.m. Monday through Saturday. She asked if they started at 7:00 a.m. on Saturday morning. Mr. Frattalone said if it was an issue, they could change the time to 8:00 a.m. to 6:00 p.m. Councilmember Wolfe asked if the City did not already have an ordinance that stated 9:00 a.m. on Saturday. Ms. Stromberg said it stated 9:00 a.m. Councilmember Bolkcom asked if 9:00 a.m. would be okay. Mr. Frattalone said they would actually try not to crush on Saturdays. He would rather go from 8:00 a.m. to 4:00 p.m. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 13 Councilmember Billings asked Mr. Frattalone, he anticipated approximately 100,000 tons per year. Mr. Frattalone replied he hoped to get it to 100,000 tons, but it would not happen the first year. Councilmember Billings asked how many tons they crushed per day Mr. Frattalone said 2,500 was a good average. Councilmember Billings said if they did 2,500 tons per day, in order to get 100,000 tons, they would need approximately 40 days or less a year Mr. Frattalone replied he would say in the first year or two that would be close. He would like build that up to more than 100,000 tons. Councilmember Billings said it was important to remember that 80 percent of the time, they would not be crushing. � Mr. John Gutnin, 211 - 79th Way N.E., sta.ted he owned some buildings neaz the site at 181, 211, and 231 - 79th Way. His big concern was the sound. A person talking at 50 decibels was a lot different from a 100-ton machine putting out 50 decibels. Not only did you hear the sound but you would also feel the sound. A lot of residential areas have been developed in the area, and he would ask Council to rethink the use for this particulaz piece of land. The other thing he would like them to consider were the trucks coming out of there. They could weigh up to 120 tons. The effects of heavy vehicles on city streets, the added maintenance of the City to get the dust out of the sewer systems, the amount of treated water that was going to be used to keep the dust problem down may outweigh the benefits. Councilmember Wolfe asked Mr. Haukaas if the roads were built to handle the trucks. Mr. Haukaas said the roads in that area were built for industrial use and for lazger trucks and heavier weights. He said the tr�c counts for 81S` Avenue in 2000 were 5,800 trucks on average plus the average annual daily, two-way tr�c. There would be 28 trucks a day more or a one-half percent increase. Mr. Malcolm Mitchell, 1225 Regis Lane N.E., Chaiiman of the Board of Directors for the Springbrook Nature Center Foundation, said the Springbrook Nature Center Foundation was deeply concerned about the installation of a rock crushing operation on land that was about 300 feet south of the boundary of the Springbrook Nature Center. They believed it would be difficult to designate an adjacent or nearby land use that would be more incompatible with the mission of Springbrook Nature Center and its use there as a preserve. They do commend the company for recycling but they are concerned about the pH. There are state Minnesota controlled standards. They believed the pH level flowing through there should be monitored and they will monitor what is happening at the Springbrook Nature Center. They would also suggest that some form of more formal public hearing be held at the end of the special use permit operation. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 14 Councilmember Wolfe asked Mr. Mitchell if he knew what the pH was right now. Mr. Mitchell said he did not know what it was in the creek, but he did know what it was at the Nature Center. It averaged about 6.9 to 7.2 on a regular basis. Councilmember Wolfe asked if the water should be tested before the company opens. Mr. Mitchell replied he believed it should be. He believed a base should be established and it should be monitored on a regular basis downstream, at least 20 feet from the entry point of the discharge. Councilmember Wolfe asked Mr. Hickok if it was normal for them to have an extra public hearing on special use permits. Mr. Hickok replied that they do not usually have a public hearing for a special use permit recall. They held a hearing when the special use permit was being considered by Council. When it was brought back one year later, it would be reviewed by Council. When they have considered revocation of a special use permit, they have published a public hearing notice. Mayor Lund asked if the public waterways had been tested and asked who tested the beaches. Mr. Haukaas replied they test the public beaches and send it into a local testing firm. The Water Department does have equipment to test the pH levels. They do it on the regular water system as necessary. Councilmember Wolfe asked Mr. Hickok about the stipulations. He asked if it would affect the special use permit, if they received a lot of complaints they could not enforce. Mr. Hickok said that was the importance of the process. It was about making a use compatible and that is why they developed 17 stipulations. When they bring it back and review it, they can make any modifications that are necessary. Ms. LeeAnn Sporre, 295 Ironton Street, said she believed that once the peace and quiet of the area was lost, it would be irreversibly lost. She said they knew the oyerall public health effect. They also knew that 80 decibels would be permitted at the property line. What they are unable to understand is what that feels like. She said she would argue in favor of denial of this request. She said she has lived in this part of Fridley since it was mazshland, and no one has talked about the water table. Unity Hospital and a lot of other hospitals have suggested using Springbrook Nature Center as a place for respite. Mr. Kevin McGinty, 124 Longfellow Street N.E., said a reference was made to Park Construction. He asked how high the dirt piles were at Park Construction. He said one of the rights the residents had was quiet enjoyment of their property. The other issue that was raised and was not addressed was the recycling issue. He said if it was not big enough to be regulated, it was not goin� to be watched. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 15 Mr. John Steffens, 200 Liberty Street N.E., approached and stated he could see the facility from the front window of his home. He said he was concerned about the size. It was not loud, but by their own decibel standards it was louder than a train. He said his opinion was to vote to deny the request. Mr. Frank Sajenski, 341 Hugo Street N.E., said his concern was the impact of the noise levels. It was a quiet area and anything that came into the area would be detrimental to their lives and to their standard of living. Mr. Duane Motzko, 290 Ely Street N.E., said he was concerned about the height of the piles. He said he could walk down to the end of his driveway, look east and see a big pile of rubble there right now, and it must be 50 feet. He said he had lived in Fridley for 32 years and had never heazd any noise from Park Construction. He asked about the rock crusher and the size of the material it would be crushing. Mr. Frattalone said it was the same as the one at Park Construction. Mr. Motzko stated when people by the airport had a lot of noise, they went to the federal government. He asked if they had a problem like that, would the City take care of the problem or would they have to sue the City. He said there would be an 8-foot fence around the premises. That would not do anything but keep people from getting in and out. He said that starting at 7:00 a.m. was ridiculous because Fridley had an ordinance that set the time for 8:00 a.m. Mr. John Drohman, 8161 Ruth Circle, stated that unfortunately his house was one of the closest to the site. He had not been involved with any of the previous meetings but, it seemed to him after listening to both sides, that there was a lot of speculation as to what was pollution or not pollution and what was too loud or not too loud. He said the City Council owed it to the community to make sure that it was going to pollute and if it was going to be noisy, make sure before they allowed it to be there. Mayor Lund said that was what they were trying to do. There were some standards in place. Mr. Frank Niznick, 191 Liberty Street N.E., asked if Council had an idea of what the normal decibel level would be in a typical residential azea in Fridley. Mayor Lund replied the standard he heazd was 60 decibels in a residential area and 80 decibels in an industrial area. Mr. Hickok replied the State listed four different classifications of land what the acceptable decibel levels were. Mayor Lund asked if the state statutes mentioned a constant, or if they were acceptable levels, hour upon hour. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 16 Mr. Hickok replied it was for a fraction of the time. When it talked about 60 and 65, if you looked at the law you would see that it was L 10 and LSO. L 10 was for 10 percent of the time, L50 was for 50 percent of the time. The constant was the lower number. 1�Ir. Hickok replied they have noise decibel measuring units in all of the police cars and the code enforcement vehicle. If someone had a concern about noise they could call them to check it out. Mayor Lund asked the constant was. Mr. Hickok replied 60 in a residential area. Mr. Niznick stated he did not how the vote was going to go but he guessed that it was not something that once they made the decision there was no way to rectify any kind of problems that developed. Mr. Mike Lund, 161 - 79`� Way N.E., stated his main concern was the noise. Mr. Terry Canady, 131— 79�' Way N.E., said he was north of an apartment complex and by trade was an audio engineer. He had no idea what the decibel levels would be at the petitioner's facility, but he did know that when he was in his office in a closed home and he had to get up and walk out and walk across the street and over the little berm to ask the guy who was washing his car if he could please turn it around so the speakers faced the other direction as it was vibrating his whole house. If everybody in the apartment complex agreed to allow a boom box to sit out on a balcony and if you were to stand at his property line and set up a microphone and a recording device that would give the decibel reading, and having turned the volume down to where it was just 65 and tolerable according to law, he would like for them to picture what would be allowable all day long, day in and day out. Councilmember Wolfe asked Mr. Frattalone if they would be crushing from sunrise to sunset. Mr. Frattalone replied when they were crushing, yes, but the noise was not as loud as everybody was making it out to be. Mr. Chris Halderson, 289 Ely Street N.E., stated he was a new resident in Fridley and had lived here for less than a year. If they were looking at the house now and knew there was an e�cisting rock crushing facility, they probably would not have bought the house. One thing they loved about the neighborhood was that it was quiet. Even thought there are the train tracks, it did not stay. They were talking about a constant noise. Mr. Dave Super, 190 Liberty Street N.E., said regarding the comment on how they did not know how they put up with the train, now it would be a constant train. He said they would be moving 100,000 pounds of ground concrete in and out with asphalt in it and oils in the asphalt. If there were heavy rains, it was going to go through it and get into our groundwater. He thought they needed a catch basin to catch all the oil so it did not end up in the park and in our groundwater. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 17 Ms. Dawn Dammon, 298 Ely Street N.E., approached and stated she was a new resident also and really enjoyed the quiet neighborhood. She said she was concerned about the noise of the trucks. Ms. Virginia Bauer, 251 Ely Street N.E., stated it was not 50 decibels at 200, it was 800 feet, and the majority of them are living 800 feet from this facility. Also, in 1992, when that was rezoned, she lived there and they never received notice. They did not have prior notice at all until the second meeting and she thought that if that 3�0 feet was an area like they have with residential right across the railroad tracks, she thought it should be reconsidered. The other thing that really bothered her was the water put on the gravel. It had to go somewhere. Mr. John Lodato, 8151 Ruth Circle N.E., stated at the last meeting, he talked about the children and he was still concerned about them. He asked them to please consider the children. There were a lot of children in that area and he did not want to see them get hurt. Rock crushing probably did do a lot of good for the community for recycling, but what was it doing for the Nature Center, the children, the working person who needed their sleep during the day, and for the property values. Councilmember Bolkcom replied she did receive e-mails from two other people, one at 8120 Ruth Circle and one at 180 Ironton who were opposed for some of the very same reasons they heard this evening. Councilmember Bolkcom asked Mr. Frattalone about the vibration from the rock crushing. Mr. Frattalone replied he said it would be very minimal. Councilmember Bolkcom said if she was on the other side of the railroad tracks where the majority of these people live, and had some type of sound system, she could not tell that they were crushing rocks and would not feel any vibration. Mr. Frattalone replied he would say she would not feel it at all. Councilmember Bolkcom asked how often they crushed rocks in Little Canada. Mr. Frattalone replied they would be crushing this week. They would be done Thursday or Friday and then would be moving out. - Councilmember Bolkcom asked if they had other locations. Mr. Frattalone said they had two operations going. One was at the Minneapolis airport and one was in Shakopee. Councilmember Bolkcom asked him about the oils and the pollutants going into the soil. She asked if they had to do any soil borings. Mr. Frattalone said they did not have to do any borings but they were regulated. They have an air emissions control permit which is a permit given by the PCA and they have to record how FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 18 many tons of materials are crushed. They have a calculation that is used for how much dust that produced. They are also OSHA regulated and the Anoka County Health Department would also stop and check. Mr. Mark Hanson, Facility Director in Charge of Frattalone's Crushing, stated if you crush straight asphalt content, you are allowed to put that back on a road base. That showed the minimal amount of oil that was left. Councilmember Bolkcom asked where it went. Mr. Frattalone said the oil was not released when it was crushed. Asphalt is made from a composition of gravel and rock and oil was added to it. He said there were no pollutants running out of the concrete and blacktop. Councilmember Bolkcom asked if he ever had to do any water quality issues, studies or tests in the other communities. She asked if he had a special use permit to be in Little Canada. Mr. Frattalone said he did. Councilmember Bolkcom asked how close the nearest residential area was. Mr. Frattalone replied about 400 feet. Councilmember Bolkcom asked staff if they checked with Little Canada on their regulations and stipulations. Mr. Hickok said they did not get a copy of their stipulations. Councilmember Bolkcom asked why there were 17 stipulations. Mr. Hickok replied they have become more sophisticated over time. It does sound excessive, but when you look at each one of the stipulations, there was a specific reason why it was included. Councilmember Bolkcom asked about the pH and the whole issue with pH balance and testing water. She asked if this was something the City's Environmental Quality & Commission could look at and develop a policy. Mr. Hickok replied that he can assure them that as close as they like to stay to environmental issues that they will want to get feedback from staff as to how the project is going, what kind of MPCA discussions they have had, and what kind of monitoring they have been doing. Councilmember Bolkcom said one of the gentlemen who spoke stated that he thought the area should be rezoned. She asked the City Attorney if they could tell the petitioner that they were seriously thinking about changing the zoning in this area. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 19 Fritz Knaak, City Attorney, said what they have before them is a very specific procedure allowed under statute. In a case such as this, what they were dealing with was an allowed permit where someone actually had an enforceable right to a use in a zoning district under some circumstances and conditions that the City can reasonably impose for the purpose of protecting the health and safety of the individuals or the citizens that surround the use. The City cannot simply deny if it was already an allowed use and the conditions that are being suggested or imposed are reasonable conditions and the use that being proposed was not in some way inherently dangerous to the health and safety of the residents of the City. In this particular case, the ordinance specifically permitted this use. With respect to the question about the City rezoning, this was what was called a quasi judicial process. The City would have to prove that this particular use was hazardous or created a circumstance or use that was clearly under the evidence dangerous or a hazazd to the health and safety of the residents. Mr. Knaak said rezoning was a separate matter. That was actually a legislative enactment meaning that they were acting as a legislative body and they could rezone but, in the course of going through a rezoning process, they could find themselves encountering what is known as a "down zone." It was possible that in the cours� of doing a rezoning that what they couid be doing is in effect a"taking" and the City would be responsible to some extent for the loss of value. In addition, if it appears that they are rezoning for the specific purpose of avoiding a use, they may find themselves subject to court action. By its nature, because it is legislative in character, a rezoning has to do with general conditions that apply or should be considered in the City as a whole. Councilmember Bolkcom asked where they were at with this if the 60 days have passed. Mr. Hickok replied they are in the second 60-day period, up to July 12. Councilmember Bolkcom asked Mr. Knaak if they could you deny a special use permit just by thinking that it was going to cause noise and dust in a neighborhood. Did there have to be proof. Mr. Knaak replied there has to be an objective, factual basis for that determination. It was not enough that there was a strongly-held belief even that information might or did exist. There has to be concrete evidence that could be relied upon in a court of law that that would serve as a basis for that conclusion. Mr. Mark Artmann, 304 Ironton Street N.E., said he was concerned about the environment and asked Mr. Frattalone if he had ever been fined for violating any environmental standazds? NIr. Frattalone replied he did not think so. Mr. Artmann asked regarding the methodology for decibels and saw that it was omitted in the actual reading of 400 and 800 feet. Mr. Hickok replied , no, they got smarter as they endeavared this study and the doubling methodology chart took them out to 400 feet and 800 feet and they would have done that in FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 20 hindsight. They would have taken those exact same measures but they had their field measures first and then they did their textbook research to determine to put those into context. They were there two days before the crushing operation shut down in that location. So they did not go back and get the 400 and 800 measure. Councilmember Bolkcom said this was a difficult. There are, however, legal issues related to special use permits that outline what they can and cannot do. She said she had not heard anything yet that told her that the health, wealth, and safety of the neighborhood would be in jeopardy. She said she was going to make a motion to approve the special use permit with a few changes in the stipulations. She wanted to explain that if this passed she gave them her that she would be very closely involved and once the operation started up and if there were any issues to � let her know. Mr. Knaak stated regarding the language that the matter would be reviewed in one year to ensure compatibility, his concern was that by creating that limitation, they might actually be precluding themselves from subsequent reviews. He suggested they modify the language to say "special use perrnit shall be reviewed at least once within .one year to ensure compatibility and thereinafter annually." MOTION by Councilmember Bolkcom to amend the stipulations for Special Use Permit, SP #03-07, to read as follows: 1. The hours and days of rock crushing operation shall be limited to 7 a.m. to 7 p.m. Monday through Friday and 8 a.m. to 4 p.m. on Saturday. 2. Crushing shall occur no more than 72 days a year, with not more than 36 days being during the months of May through September. 17. Special use permit shall be reviewed at least once within one year to ensure compatibility and thereinafter annually. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. MOTION by Councilmember Bolkcom to approve Special LTse Permit, SP #03-07, by RJ Ryan Construction Company, with the following stipulations. 1. The hours and days of the rock cnzshing operation shall be limited to 7 a.m. to 7 p.m., Monday through Friday and 8 a.m. to 4 p.m. on Saturday. 2. Crushing shall occur no more than 72 days a year, with not more than 36 days being during the months of May through September. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 21 3. Each year the petitioner shall provide the City with a tentative calendar in which the weeks of crushing will occur. A one-week notification is required to modify the calendar. 4. The maximum height of all stockpiles shall not exceed 15 feet. 5. The final landscape and screening plan shall meet code requirements and be reviewed and approved by City staff prior to commencement of operation. 6. An 8-foot screening fence shall be installed on the west, north and east perimeters of the site and shall be properly maintained. 7. A storm pond maintenance agreement shall be filed with the City prior to commencement � of operation. 8. Drive aisle to be paved and concrete curbing installed as indicated on site plan. 9. Crushing of limestone shall be prohibited. 10. Water service and use shall be through a permanently installed water meter. 11. The petitioner shall obtain an NPDES industrial discharge permit or certify a condition of no exposure from the Minnesota Pollution Control Agency prior to commencement of operation. 12. All State and City regulations shall be met for noise, dust and air quality. 13. Noise levels shall not exceed 80 decibels at the property line. 14. Truck traffic shall be routed on 81 S` Avenue to and from University Avenue. 15. Site to be watered as needed to keep dust down. 16. All loads to be watered when leaving the site and streets to be cleaned daily if necessary. 17. Special use permit shall be reviewed at least once within one year to ensure compatibility and thereinafter annually Seconded by Councilmember Billings. � UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 22 10A. LAND USE ITEM — BRANDES PLACE: Councilmember Billings stated the City had been served with a lawsuit relative to Brandes Place. MOTION by Councilmember Billings to authorize City of Fridley staff through legal counsel to negotiate with Housing Preservation Project and Brandes Place Limited Partnership, in accordance with Rule 114. Further, he moved to authorize City of Fridley staff, as part of said negotiations, to issue the three zoning requests made by Brandes Place Limited Partnership with the stipulations as presented to the Fridley City Council on October 14, 2002. Finally, he moved that any negotiated settlement be presented to the Fridley City Council for approval. Seconded by Councilmember Bolkcom. Mr. Knaak replied they were asking him to speculate about the outcome of pending litigation and his recommendation to them was given the subject matter, those questions would be properly addressed at a closed litigation meeting. Mayor Lund said the Summons and Complaint had been sent to the League of Minnesota Cities and thought it might be premature to discuss this issue. Councilmember Bolkcom wondered why some type of negotiations could not take place. Councilmember Billings replied he felt the City should have issued the three zoning requests and that was why he made and supported the motion at that time. He made this motion to try and minimize the exposure the City of Fridley might have in the courts and hoped the issue could be resolved as quickly as possible. Mr. Knaak discouraged further discussion at this time. He pointed out, however, the resolution, in and of itself, was not entirely inappropriate. In his opinion, inasmuch as the summons contained standard language which indicated that Rule 114 was regularly invoked and everyone was under notice under those circumstances that some form of alternative resolution, including negotiation and mediation, was appropriate and indeed routine. He further stated this did not necessarily mean the City Council should immediately authorize the staff to negotiate. He said there would be an appropriate time or authority given to negotiation whether or not they intended to pursue the litigation down to the very end. He again advised them not to discuss the issue until they have had an opportunity to review the litigation with the League's counsel. MOTION by Councilmember Wolfe to table Item 10A. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER WOLFE VOTING AYE, AND COUNCILMEMBER BOLKCOM AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 23 IOB. LAND USE ISSUE — SPRINGBROOK NATURE CENTER: Councilmember Billings stated this was his 16`� year on the City Council. During this period of time he had been approached by a number of residents who have questioned the usage of certain property within the City of Fridley and suggested possible alternative uses for that property. In the last several weeks, people have spoken to him regarding the rock crushing land use issue and how it may have an impact on the Springbrook Nature Center. The Springbrook Nature Center has been around for over 30 years. There was a quote by former Mayor William Nee to Councilmember Barnette that said, "They say it's not going to cost us anything. Let's give them a chance." We are putting $300,000 to $500,000 a year into the Springbrook Nature Center. He said he was beginning to question whether the experiment in keeping a piece of property within the City as natural as possible was the appropriate thing to do if in fact it meant that adjacent properties could not be used in the manner in which they were designated to be used. He said Mr. Shortridge was the operator of a golf facility in Oak Grove. He was renowned in the azea of golf course management. It was his understanding that Mr. Shortridge believed that something could be done with a golf course on that site and a number of the natural qualities of the area could still be maintained. • Mayor Lund said it seemed as if they were limiting the alternatives to a golf course. Councilmember Billings replied this did not mean that this would be the only option that the City of Fridley could look at it. Even if it turns out that it was profitable to do it, the City Council may still vote not to do it. All this motion did was give them an opportunity to look at other people's ideas of what could be done with the sight. The State Legislature, as they well know, was seriously looking at cutting back the size of government; eliminating those types of things that aze not necessary. He was not saying that Springbrook Nature Center was not a necessity. However, if this was costing $300,000 a year, and they could come up with a way of generating $300,000 a year, all of a sudden, there would be a$600,000 a year swing. Councilmember Wolfe asked what amount was budgeted for 2003. Dr. Burns, City Manager, stated their budget for 2003 was $297,000 for the Springbrook Nature Center. With other maintenance contributions from the Public Works Department, it was $381,000. Councilmember Wolfe stated for so many years, so many people said it was free. After two years it was not free anymore. Mayor Lund stated he wondered if this was not contradictory. They had a lengthy discussion with the Springbrook Foundation in the past about their commitment to them. Councilmember Barnette stated all this did was ask for numbers. Councilmember Bolkcom stated if she was reading it right, it was not just numbers. It was looking at other opportunities and uses. She said once they get the report, they owe the Foundation an opportunity to sit down and discuss it with them. FRIDLEY CITY COUNCIL MEETING OF MAY 19, 2003 PAGE 24 MOTION by Councilmember Billings to direct the City Manager and/or his Director of Recreation and Natural Resources, to meet with Mr. George Shortridge and/or his associates and to report back to the Fridley City Council at the first regularly scheduled City Council meeting in July, 2003. The purpose of the meeting was to examine broad-based approximate potential costs and revenues from alternative recreational uses, andlor mixed recreational uses of the site now known as the Springbrook Nature Center. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. INFORMAL STATUS REPORTS Mayor Lund acknowledged the successful Stargazers event. He said he was amazed at the amount of talent the City has. Councilmember Bolkcom stated that at a future conference meeting she would to discuss special use permits, the notification process, and hovu the department heads and staff look at different issues. MUTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MAY 14, 2003, CITY COiJNCIL MEETING ADJOURNED AT 11:12 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor 0 ` THE MI]�TUTES OF THE FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 0 0 MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 9, 2003 The Regular tileeting of the Fridley City Council was called to order by Mayor Lund at 7:44 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe, and Councilmember Bolkcom. MEMBERS ABSENT: None. OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Jon Haukaas, Public Works Director Frederic Knaak, City Attorney PROCLAMATION: Stand for Children Day — June 14, 2003 Mayor Lund read and presented a plaque to Barbara Warren and Jamie Ramacher declaring Saturday, June 14, 2003. `49ER DAYS The City of Fridley royalty were present and introduced themselves and presented a special _ "thank you crown" to the City Council. - - MOTION by Councilmember Billings to approve a resolution that on Thursday, June 12, 2003, between the hours of 2 p.m. and 11 p.m. it sha11 be illegal for any person or being to cause rain to _ fall within the city limits of the City of Fridley, Minnesota. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTED AYE, EXCEPT MAYOR LUND WHO ABSTAINED. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: l. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 504, TAXICABS AND AlV1ENDING CHAPTER 11, GENERAL PROVISION AND FEES, OF THE FRIDLEY CITY CODE. Dr. William Burns, City Manager, stated at $50 for the first cab and $5 for each additional cab, Fridley had become the place to go to get a cab license in the metro area. He said while the City could raise the fees to cover costs, this would only drive the cabs somewhere else. Since this was a very small source of revenue, they recommended Fridley repeal Chapter 504, the section of the Code that requires licensing of cabs. They also recommended that Chapter 11 of the Code be amended. The work involved in processing the licenses costs far more than the revenues currently collected. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING OF MAY 21, 2003. RECEIVED. 3. ESTABLISH A PUBLIC HEARING F4R JULY 14, 2003, TO REVIEW SPECIAL USE PERMIT, SP #73-07, FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201— 73 '/: AVENUE N.E. (WARD 2). Dr. William Burns, City Manager, stated throughout 2002 and thus far in 2003, the City has experienced repeated non-compliance with the conditions of the special use permit that allows Central Auto Parts to operate a salvage yard at 1201- 73 '/2 Avenue in Fridley. These violations include storage of junk vehicles in their customer parking lot and the piling of junk vehicles above their fence line. A review of reports from Anoka County Environmental Services also indicated repeated non-compliance with this agency's requirements. These violations include failure to remove fluids from vehicles prior to storage, improper storage of spent batteries, and failure to submit required hazardous waste manifests. In view of these repeated violations, staff recommended that Council set July 14 as the date to hold a public hearing to consider revocation of the special use permit for Central Auto Parts. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF JiTNE 9, 2003 PAGE 3 4. RESOLUTION 24-2003 AUTHORIZING FINAL CHANGES PT APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS, AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR ENDED 2002. ADOPTED RESOLUTION 24-2003. 5. CHANGE ORDER NO. 3 FOR THE MUNICIPAL GARAGE EXPANSION PROJECT NO. 343. Dr. William Burns, City Manager, stated this was the final change order for this project. The change was in the amount of $8,261. The original contract amount was $730,500.00. The final cost with the change order was $740,603.62. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. APPOINTMENT. Dr. William Burns, City Manager, stated staff recommended the appointment of John B. Crelly as Assistant Fire Chief effective July 21, 2003. Mr. Crelly had more than 22 yeazs experience in fire service, including service in his current position as Assistant Fire Chief in Columbia Heights. He also served as deputy fire chief in Golden Valley, and was a firefighter in Maple Grove and New Hope. He holds certifications as Firefighter III, Fire Instructor II, Fire Inspector II, Appazatus Operator IV, and Emergency Medical Technician. He also has a certificate from North Hennepin Community College in electronic technology. He was currently attending North Hennepin Community College and was working on his Associate's Degree in fire protection and fire science. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS.111578 THROUGH 111908. S. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. 9. ESTItiIATES. APPROVED THE FOLLOWING ESTIMATES: � FRIDLEY CITY COLTNCIL MEETING OF JUNE 9, 2003 PAGE 4 Bituminous Roadways, Inc. 2825 Cedar Avenue Minneapolis, MN 5�407 Commons Pazk Parking Lot Reconstruction, Phase 1 Project No. 348 Estimate No. 1 $ 53,856.74 Creative Curb Contractars LLC 64358 — 375 Street Watkins, MN 55389 2003 Miscellaneous Concrete Repair Project No. 351 Estimate No. 1 $ 7,286.74 CM Construction Company, Inc. 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansion Project No. 343 Estimate No. 7 $ 32,613.78 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item Nos. 1, 3, 5 and 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Items 1, 3, 5 and 6. Seconded by Councilmember Wolfe. m UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAIVIMOUSLY. . LEGISLATIVE UPDATE: Senator pon Betzold, Minnesota Senate, gave a summary of the legislative session for 2003. There was a new Governor and almost a third of the legislature was new. They came in with about a$4.5 billion deficit. Part of that was for the current biennial. Most of the framework that the Governor wanted passed intact. He wanted no state taxes. However, that did not mean any FRIDLEY CITY COUNCIL MEETING OF JUNE 9. 2003 PAGE 5 property tax increases. What was done was about $2.5 billion dollars in cuts, mainly in human services and local government aids. With the local government aid cuts also came levy limits so 60 percent of what was lost could be levied. That was for one year. There �vere cuts in higher education, the tobacco endowment was cashed in, payments were delayed, fees were raised, and property taxes will be increasing. There was no Northstar Corridor bill, but improvements to the National Sports Center were passed. A transportation bill was passed. He said there were a couple of policy areas passed. The 2 a.m. bar closing was passed, the profile of learning was repealed, precinct caucuses will be moved up to the third Thursday in February, and changes were made in the all tenain vehicle trails to protect some private lands and and to designate some areas where they can be ridden. The Senate passed a bill to prohibit circuses during the time period of the State Fair that turned into a 24-hour waiting period for abortions. They had a technical bill for the Department of Natural Resources that turned into the gun bill. Wine in grocery stores did not pass. The DWI threshold from .10 to .08 did not pass. It was not now a primary offense to not wear your seatbelt. The House and Senate both passed bills to make a longer statute of limitations for victims of sexual abuse, but they could not resolve the differences in the two bills. Child support payment laws did not change. The casino bills did not pass. The wage freeze did not pass. With respect to changes in the county and state highway formula, there was a stadium bill introduced on the last day of session, but that was the only time that word was even mentioned. The Anoka County Economic Development Authority bill did not pass. Representative Connie Bernardy, Minnesota House of Representatives, stated almost $2 billion of one-time money in shifts were used to balance this budget which meant that a hole will exist the next biennium. So basically they did not solve the problem. Revenues were raised in this budget. Fees went up. There was an estimated $500,000,000 worth of revenue increases through fees. The other area that was tazgeted was local government aid. She said that would not mean a lot to people until they get their property tax statement next year. Regarding the conceal and carry law, she already introduced legislation to allow local control at the city level. The school district in Fridley is getting hit hard by the Governor's and the republican House's plan for education. Initially, Fridley would lose $81 per pupil. They were able to get it down to $38 per pupiL Representative Barbara Goodwin, Minnesota House of Representatives, stated she thought the last session showed they really had to change their way of thinking about what things mean when they say they are not raising ta�ces: A half a billion dollars' worth of fees did not go to the services they were being paid for, but instead went to the general fund. She said that was raising taxes. So, there were definitely tax increases this year. Tuition increases would be about 30 percent in the next two years. There were $622 million in cuts to grades K-12 for what was being called holding the classroom harmless. Again, she said we needed to look at what we were hearing and what actually happened. $120 million in cuts were passed from the State to hospitals. There were also $39.7 million in nursing home cuts. After July 1 there will be significantly more changes. She thought Fridley's LGA was being cut 36 percent for 2003 and 54 percent far 2004. Dr. William Burns stated they lost $734,000 this year and $1.1 million next year. He understood for 2005, it would almost all be gone. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 6 Representative Goodwin said she thought they were going to see some pretty significant impacts from this budget. It was a big disappointment to all three of them that the Northstar Corridor did not pass. Bus service was also cut. She said the state was facing a very large deficit. Senator Betzold stated the next session started on February 2, 2004. OPEN FORU�I, VISITORS: There was no response from the audience under this item of business. NEW BUSINESS: 9. RESOLUTION NO. 25-2003 ORDERING PRELIMINARY PLANS, SPECIFICA- TIONS AND ESTIMATES OF THE COSTS THEREOF: ALLEY PAVING PROJECT NO. ST. 2003-3. Mr. Jon Haukaas, Public Works Director, stated there were two resolutions with information regarding an alley paving project proposed this summer. The project as it was proposed would pave the three remaining through alleys within the City. It was initiated as a result of some residents' concerns. There were a total of 35 residential properties on these three alleys and per City policy, the entire cost of the project would be assessed to those properties. The first alley involved was parallel between Anoka Street and Arthur Street and ran from Mississippi Street north to 66�h. He said there were 15 properties along this alley. The other alleys are between East River Road and Ashton, and parallel to 52"d Way, 62 %z Way, and 63`d Way. The resolution before them initiated this process, ordered them to develop the preliminary plans, specifications, and estimates which they have done. Staff recommended approval of the resolution. Councilmember Bolkcom asked him to go through the process of what they would see happen. Mr. Haukaas replied this would schedule a public hearing for the City Council meeting on June 23. Between now and then, they would send letters, would publish notices in the Focus and put a notice on the web site notifying people that this public hearing would be happening. All affected properties would receive a direct mailing regarding the public hearing. If they proceed with the project, they will develop final plans and specifications. Because a street project for this year has been awarded and this was a smaller project, they were going to negotiate with the contractor about possibly adding this project by way of a change order. If they did not feel they were getting a fair price, they would bid it out as a separate project. If the process happened quickly, construction could start sometime in July. The project would entail grading out the existing alleys, strengthening the base and paving a strip through. They would do some adjustments to allow for drainage, existing driveways, and that sort of thing. Councilmember Bolkcom asked if there would be another public hearing on the actual assessment of costs. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 7 Mr. Haukaas said in the fall, after completion of the project, there would be an assessment on the final actual costs of the project; and that would include the entire notice process before they were finalized and certified to the tax rolls. Councilmember Bolkcom asked if some type of cost estimate would be included with the letter sent for the hearing on June 23. Mr. Haukaas replied they did have some cost estimates and they would have it for the meeting. Because they had most of the preliminary information together now, they could add it to the letter. Councilmember Barnette said when they hold a public hearing, was it City policy that if over 50 percent of affected parties chose not to do the project, that the City would not do the project. Mr. Haukaas said that was an option. MOTION by Councilmember Bolkcom to approve Resolution No. 25-2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. RESOLUTION NO. 26-2003 RECEIVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: ALLEY PAVING PROJECT NO. ST. 2003-3. Mr. Jon Haukaas, Public Works Director, stated this was a smaller project so they were able to create the preliminary plans, cost estimates and a report as ordered in the previous resolution for these parcels. He said that they were not going to look at just the three alleys. They would be looking at all alleys throughout the City. This was just their first step. Mr. Haukaas stated they created preliminary plans for the three alleys. On the Arthur alley, some regrading would have to be done. They have to change some of the sidewalk along Mississippi Street to make sure it did not drain all the way out to Mississippi Street, since there was no storm sewer to extend into the area. The alley between 62 Way and 62 %2 had a hump in the middle. The third alley should be a very simple project. The cost estirnate for the entire project was approximately $42,000. The total assessable footage was 2,800 which worked out to $15 per foot, and that would be stated in the notice of public hearing. MOTION by Councilmember Bolkcom to adopt Resolution No. 26-2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JLTNE 9, 2003 PAGE 8 11. MOTION TO DENY AN APPLICATION FOR RENEWAL OF MANAGERIAL LIQUOR DISPENSING LICENSE FOR SEAN M. McALLISTER. Mr. Dave Sallman, Director of Public Safety, stated City Code Section 603 required a management license for a licensed on-sale liquor establishment for anyone that acted in that capacity. Mr. McAllister had been acting in that capacity since they opened up and did not have a license. He recently submitted an application after the recent hearings on the liquor license for Sean's. The Police Department was required to conduct a background investigation based upon the information provided by the applicant. They attempted to contact Mr. McAllister by the cell phone number he gave and told the person who answered that they were going to recommend denial of the application. He said they also left a message on the home telephone number and contacted Sean's and talked to the owner, Mr. Sean Tierney, and left the information. Based on the background investigation, it was his recommendation that the license be denied based upon criminal history Councilmember Bolkcom asked if a letter had been sent. Mr. Sallman replied that no letter had been sent. He said they did what they could to try to contact him. Councilmember Bolkcom asked if Mr. McAllister could reapply. NIr. Knaak said he could. MOTION by Councilmember Bolkcom to deny a managerial liquor dispensing license for Sean M. McAllister. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlvIMOUSLY. Councilmember Barnette asked if anyone there had a manager's license at this time. Mr. Dave Sa11man, Public Safety Director, said no one did Councilmember Billings asked if Sean Tierney had filled out an application. Mr. Sallman said he did not believe he had. Councilmember Bolkcom asked what would happen now. Mr. Knaak replied he can respond immediately on one point. Mr. McAllister would receive correspondence from the City that indicated the decision of the Council and the reasons for the Council's decisions in writing. In addition, if there were individuals who were currently managing that operation who were not, it would be violation of the City Code and if observed would presumably be tagged as an offense. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 9 Councilmember Bolkcom stated she did not think they should wait until the end of the three months they gave them. She thought the license needed to be on the agenda for the meeting on June 23. Mr. Knaak said it was within their authority to call them in immediately. 12• PRELIMINARY PLAT REQUEST, PS #03-03, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE CONSTRUCTION OF NEW TOWNHOMES, GENERALLY LOCATED AT 1275 NORTON AVENUE N E(WARD 2). Mr. Scott Hickok, Community Development Director, stated Michael Juaire had requested a replat of the property at 1275 Norton Avenue. The intent was to create five separate lots in order to construct four townhome units. This was the second of three plat requests by Mr. Juaire for a townhome development on Norton Avenue. The third request was heard at the Planning Commission meeting on June 4 and would be on the agenda for the June 23 meeting. Mr. Hickok stated since they have heard a number of Norton Avenue plat requests by Mr. Juaire, to keep them straight, at the end of the cul de sac they would recognize addresses 1170 and 1152. The second plat that was under consideration this evening was for 1275. At the next meeting there would be a plat request for addresses 1163 and 1165. Mr. Hickok stated the subject property was zoned R-3, Multi-Family Residential, as were the surrounding properties. The existing home and garage were built prior to 1949. Both the structures have been removed. He said the City Code required that lots in R-3, Multi-Family zoning districts have a minimum lot size of 15,000 squaze feet for a 4-unit dwelling. This subject property was 16,108 square feet and exceeded the minimum requirements. The proposed townhome development also met all setbacks and lot coverage requirements. To give them a sense of the plat itself, there are five lots. There are 4 units, numbered 1 through 4. A common lot that sunounded each of the 4 units would be shared by the townhomes as common space. Initially these would be built as rental units but they would also be built in a way that they could be sold as independent units later. Mr. Hickok stated at the May 21, 2003, Planning Commission meeting, there was some discussion from neighbors regarding the zoning. There were also questions about how the additional development of Norton Avenue would change the chazacter, and about the construction hours. The block was rezoned from R-1, Single Family, to R-3, Multi-Family, in - August of 1963. A public hearing was held in June of that year at the Planning Commission meeting and it was continued to later that month to further deliver notices to the neighborhood. _ At the June 27, 1963, meeting the Planning Commission heard the item and no one was present in opposition of the rezoning. The Commission recommended approval to Council and, on August 19, 1963, the City Council approved the rezoning for that area to R-3. Mr. Hickok stated the Comprehensive Plan designated the 2020 future land use of this area as redevelopment. Redevelopment was described in the Comprehensive Plan as a form of community revitalization that transformed undesirable elements into desirable elements that reflected community collective vision. The purposes of redevelopment were to remove older, FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 10 blighted structures, to provide the opportunity for more efficient land uses, and eliminate inefficient land uses and underutilized parcels. The Norton Avenue block was categorized under the redevelopment azea, No. 1 in the Comprehensive Plan specifically. It stated that the multiple family properties along Norton Avenue might be eligible for rental rehabilitation programs and the City should also pursue aggressive code enforcement to assist in eliminating any negative images resulting from illegal outdoor storage or other code enforcement problems. The redevelopment section of this area did not specify that this area should be used for anything other than multi-family. The intent of the 1963 rezoning was to accommodate multi-family units in this neighborhood. Adding these additional townhomes was consistent with that decision made 40 years ago. Mr. Hickok stated that the City Code stated construction hours were to be between 7 a.m. and 9 p.m., Monday through Friday, and bet��veen the hours of 9 a.m. and 9 p.m. on Saturdays and legal holidays. Any work activities on Sundays were unlawful. Mr. Hickok stated Mr. Juaire and his construction crew were obligated to meet these requirements. Mr. Hickok stated the Planning Commission recommended approval of this request with thirteen stipulations which he outlined. Mayor Lund noted that one of the residential property owners in the area made a point about his concern about parking especially in the winter time. Councilmember Bolkcom asked if someone wanted to buy a house, could they easily come in and review what the zoning for the property was. Mr. Hickok said they could. Councilmember Wolfe brought up the comments at the last meeting that there could be all kinds of projects there and this was the least intrusive to the neighborhood. Mr. Hickok stated it was an R-3 district but people became concerned when you talked about it as a redevelopment area in the Comprehensive Plan. Redevelopment really was more about master planning and kind of departed from standard zoning. It could take any number of different directions as a redevelopment project. Councilmember Bolkcom said that there was going to be another one and asked why they were not all together. She also asked if there was a neighborhood meeting. Mr. Hickok replied that they encouraged developers to go meet the residents and talk to them a little bit about what their development proposals were for the neighborhood. Mr. Juaire initially bought two homes at the end of the cul de sac and was able to put in 8 townhomes on that site because of the land area and then, as negotiations went on, was able to gain additional properties and put together additional plats. Mr. Michael Juaire, president of PMJ Group, approached and stated that it was suggested by Commissioner Saba at one of the Planning Commission meetings that he have a neighborhood FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 11 meeting. He thought he could send out notices or knock on doors and ask them to come to a meeting. He did what Mr. Hickok suggested. He spoke with ten residents in the area and about one-third had concerns. They were concerned about speed and traffic. The others were really in favor of it. MOTION by Councilmember �,Volfe to approve Preliminary Plat Request, PS #03-03, b� Michael Juaire, PMJ Group, Inc., with the following thirteen stipulations: l. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using a masonry material. 5. Shakes shown on the front and reaz elevation shall be wrapped around to the right and left elevations. 6. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 7. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building pernut. 8. Individual services will be required for each unit. 9. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 10. All elements of the building shall meet the cunent building code and be approved by the City Building Official. 11. The petitioner shall pay an applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 12. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 13. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. FRIDLEY CITY COUNCIL MEETING OF JLTNE 9, 2003 PAGE 12 Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UN��IIMOUSLY. 1. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 504, TAXICABS AND �VIENDING CHAPTER 11, GENERAL PROVISION AND FEES, OF THE FRIDLEY CITY CODE. Councilmember Bolkcom stated she did not think they had enough information to have a first reading of this ordinance. Dr. William Burns, City Manager, said Finance staff wanted to move rather quickly because they were being inundated with requests from cab companies for licensing. The Metropolitan Airports Commission required licensing of cabs and, since we were the lowest, we were "it" right now. Councilmember Bolkcom asked if they could increase the fee and if it was legal to just repeal it. Mr. Knaak replied they could choose to regulate by increasing the fees in a way that was commensurate with the cost to the City. The concern was that even if you were to regulate it, there would be so much staff time taken for these things that it would not be something staff felt would be appropriate under the circumstances. Mayor Lund stated his concern was if they repealed it, did that open the door so that anyone with a vehicle could now be a taxi in Fridley without any type of licensing. He did not want just anybody to operate in or around Fridley without a taxi license. Councilmember Billings replied the current fee was $50 for the first cab and $5 for each cab in the company. He thought staff s intent was to repeal the existing ordinance so that they cut off the flow of staff time to accommodate something that was happening at the airport. That was not to say at a later date they could come up with a new ordinance. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. APPROVE CHANGE ORDER NO. 3 FOR THE MUNICIPAL GARAGE EXPANSION PROJECT NO. 343. Councilmember Bolkcom asked about the cost to change the exterior paint color. Mr. Haukaas, Public Works Director, replied the intent was to match the new block and when they originally chose the paint, it was off a smaller paint chip. They started work based on that FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 13 and when they saw the color on the building, it did not match. They stopped the painters as soon as they could and chose a different color. The $485 reflected the work already done. Councilmember Wolfe asked if their painting contractor matched the paint with the chip. Mr. Haukaas replied it did match the chip but once it was on the building it was obviously not the right choice. 1�10TION by Councilmember Bolkcom to approve Change Order No. 3 for the Municipal Garage Expansion Project No. 343 in the amount of $5,662.62 to CM Construction. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�TIMOUSLY. 6. APPOINTMENT. MOTION by Councilmember Wolfe to approve the appointment of John Crelly as Assistant Fire Chief. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 3. ESTABLISH A PUBLIC HEARING FOR JULY 14, 2003, TO REVIEW SPECIAL USE PERMIT, SP #73-07, FOR CENTRAL AUTO PARTS, GENERALLY LOCATED AT 1201— 73 %: AVENUE N.E. (WARD 2). Mayor Lund stated he pulled this from the consent agenda at the request of the property owner. They scheduled the public hearing because of the special use permit and some repeated violations. He asked Mr. Hickok if the current violations from the last review had been rectified. Mr. Hickok, Community Development Director, said he had an opportunity to talk to his staff and with Mr. Buzick. He said he would continue to ask for a public hearing on the basis that in 1973, Mr. Buzick was before the Council and agreed to the stipulations of a special use permit. Some of those stipulations included the words "no car sha11 be piled higher than the fence," "no cars will be outside of the fence," "licensing will be needed," and the "applicant to meet the requirements of their licensure proceedings." Staff identified those stipulations as areas of failure. This was not the first time this had happened. As recently as two years ago, the code enforcement staff inet with the operator and Mr. Buzick to talk about issues. They found it necessary again in late 2002 to hold a meeting and talk about issues. He said a special use permit was something the City granted with some broad discretion, and the City had the ability and the obligation to take a look at that again after it was granted. Ultimately they had the ability and discretion to revoke a special use permit thereby making the use inappropriate for the district. What they were asking the Council to do was set a hearing for July 14 to contemplate these issues. Between now and then they would do a staff report and make a recommendation which would likely come with options. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 14 Mayor Lund stated in reference to operators of other salvage yards not being perfect either, he told the property owner that the difference as he understood it was that the other operators at least made honest attempts in rectifying any violations from their special use permits. The other thing he questioned was that it may be construed by the property owner or the license holder that there had been talk obviously in past years about identifying salvage yards for redevelopment and they may look at this as an opportune way for staff or Council to minimize any future costs if and when that redevelopment would ever seriously be considered. Mr. Hickok replied that did happen but it was not a defense for what they are doing wrong on their own property. He said they did a systematic code enforcement throughout the entire City, and stopped at every door stop where there had been an issue in the industrial and commercial districts and asked them to correct the issues that were not in compliance with the Code. It was no different than what they were asking Central Auto to do. He said the other industrial owners generally were positive in their response and wanted to bring their properties into compliance. Mayor Lund asked if citations had been issued in the past for this facility. Mr. Hickok said no citations had been issued, but that was not the basis for reconsidering a special use permit. Councilmember Bolkcom stated she thought the difference here was that it was a special use permit. Councilmember W�lfe said that with respect to salvage yards with a parking lot, if someone drops a car off there without their knowledge, they are being penalized for something that was not their fault. Mr. Hickok said it was an unfortunate outcome of that industry. Many other operators experienced the same thing. They needed to manage their operation so they continued to exist in the neighborhood. Mayor Lund commented he thought Mr. Hickok said it all when he said they had to be reasonable. He thought staff and the Police Department would be willing to work with them on some of these abandoned vehicles. Dr. Burns, City Manager, asked Mr. Hickok if it was true that as a general rule, it was the property owner's responsibility to deal with abandoned vehicles on his or her property no matter where it occurred. Mr. Hickok replied that was true. NIr. John Buzick, 661 — 207`h Avenue N.E., East Bethel, owner of Central Auto Parts, asked to give a little history. They came to the City and were grandfathered in. During the year they were talking about, they never received a citation. It was done only because they were building a new building and it was the only reason they had a special use permit when they were grandfathered in. He was not looking for battles with the City. He said he had taken steps to FRIDLEY CITY COUNCIL MEETING OF JLTNE 9. 2003 PAGE 15 alleviate the necessity for the public hearing. He got the towing for the parking lot resolved and he has spoken to Anoka County and had them inspect the property on June 6. The issues raised in the letter had been resolved. MOTION by Councilmember Billings to establish a public hearing for July 14, 2003, to review Special Use Permit, SP #73-07. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. I�TFOR�vIAL STATUS REPORTS Representative Char Samuelson, Minnesota House of Representatives, said in New Brighton many suggestions have been coming to save money. She said she was on the Health and Human Services Committee and authored two bills that became law. One was a home health bill, which helped the home health agencies. The other was a dental bill that allowed greater access to dental services throughout Minnesota. � Councilmember Bolkcom asked for a report on the Springbrook meeting. Councilmember Barnette asked to discuss the possibility of a review of the City Manager's performance. Councilmember Wolfe would also like to have a quick budget discussion. Dr. Burns stated he would like to briefly discuss the Gateway West expansion project. Mayor Lund went through the Fridley 49'er Days activities. Councilmember Billings stated based on the number of telephone calls he received in the last two weeks, if they are going to hav� a staff update on Springbrook study it should be done now. Councilmember Bolkcom stated she is very concerned about finding a candidate for the HRA opening. She would like to set an interview time with a candidate who has expressed interest. Councilmember Wolfe stated he also knew of a candidate for the Parks and Recreation Commission. Councilmember Billings stated his motion regarding the Springbrook study was that they prepaze a report and get it back to them by the second Council meeting in July. It was never his intention to have it be an agenda item on July 14. Councilmember Bolkcom replied that after they received the report and there was an agenda item, the information would go out to people. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 16 Councilmember Wolfe stated he had been telling people they were gathering information and that they would not be making a decision that night. As far as Councilmember Bolkcom's question about the meeting, he, Councilmember Barnette, Jack Kirk and Dr. Burns met with George Shortridge. They were just looking at options. He thought the meeting went very well. Councilmember Bolkcom stated her concern was that she heard golf course and then she heard alternative uses so she was not sure what other uses they were looking at. Councilmember Wolfe stated they have heard from one person and it was because they were trying to find a different use to somehow get revenue out of a place that was collecting no revenue. Mr. Shortridge was asked to come here for the specific use of a golf course and he thought if he did something like that it could still be user friendly. Mr. Shortridge made it clear that he thought it would almost be impossible to have a true nature center with the golf course there. Again, no decisions will be made on July 14, it was just for gathering information. Councilmember Bamette stated Mr. Shortridge was a golf expert. He was not an expert on other uses. He is looking at the cost of construction, operation, and maintenance. He was not looking at the bonding or anything. That would be the City's responsibility. Purchasing other land was not his responsibility and he was not looking at that. Councilmember Bolkcom stated she guessed she was just concerned they were spending staff time looking at pursuing purchase of other property before they even got a report back from Mr. Shortridge. Dr. Burns stated it was very difficult to put together a business plan unless you knew your total debt service for the golf course. If you had land acquisition costs, then you needed to plug in the debt service related to land acquisition costs. That was why they were talking to surrounding property owners. Just to measure the potential availability of surrounding pieces of property. That was all that was done and there were no commitments made. Councilmember Wolfe stated they did that with a11 their other projects, too, such as Gateway West and Gateway East. Staff went out and researched the possibility. Dr. Burns stated the report that they ultimately came up with would be about three to five pages. It would not be based on any kind of engineer's work or any kind of expensive studies of soils or anything like that. It was going to be a very preliminary report based on data that was collected by Mr. Shortridge from other golf courses and his knowledge of golf course operation and construction costs. Councilmember Bolkcom stated other commission members were concerned. There were other groups who were involved in this issue, too, who should be made a part of the discussion at some point. Mayor Lund stated what he gathered from the discussion so far was the report would be very preliminary and they would discuss it at an upcoming work session. FRIDLEY CITY COUNCIL MEETING OF JUNE 9, 2003 PAGE 17 MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JUNE 9, 2003, CITY COUNCIL MEETING ADJOURNED AT 10:17 P.M. Respectfully submitted, Denise M. Letendre Scott J. Lund Recording Secretary Mayor � / L CfTY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETItVG OF June 23, 2003 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk June 13, 2003 Second Reading of an Ordinance Repealing Chapter 504, Taxicabs, and Amending Chapter 11, General Provisions and Fees, Repealing the License Fees For the past three to four years the city has issued three to four taxicab licenses per year with an average revenue of $108. We have had three companies operating one or two cabs per company. Due to the changes the Metropolitan Airports Commission has made, the overwhelming request for taxicab license applications and the low cost of the license, city employees are spending an inordinate amount of time processing taxicab licenses. The average time between the city clerk office and police department is approximately two hours. We aze currently not covering the cost of aur employees and overhead on this license. It is staffs position at this time that this license be repealed in its entirety. The alternative would be to prepare an ordinance rewriting the taxicab licensing and increase the fees to recover the fees. Staffs' belief is that once the fees are raised, the companies will no longer come to the city due to the increase in fee. In order to accommodate the licenses that have been issued and are pending, the ordinance reflects current licenses that have been approved will remain in effect until Apri130, 2004. Applications received prior to June 9, 2003, may be approved for a period not to exceed three months. The City Council held the first reading of this ordinance on June 9, 2003. Staff recommends a motion holding the second reading of an ordinance repealing Chapter 504, Ta�cicabs and amending the Chapter 11, General Provision and Fees to repeal the fees. 1 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 504, TAXICABS, ANDAMENDING CHAPTER 11, GENERAL PROVISION AND FEES, OF THE FRIDLEY CITY CODE The Fridley City Council hereby finds after review, examination and recommendation of staff that: SECTION 1 Be it hereby ordained by the City Council of the City of Fridley that Fridley City Code Chapter 504. Taxicabs, be hereby repealed in its entirety. Current taxicab licenses already approved by the City Council may remain in effect for the license yeaz and expire on Apri130, 2004. Pending applications received prior to June 9, 2004, may be approved for a period of time not to exceed more than three months after the effective date of this ordinance. SECTION 2 Be it hereby ordained by the City Council of the City of Fridley that Fridley City Code Chapter 11. Fees, be hereby amended as follows: Section 11.10 Fees Code Sub'ect Fee � � �'�� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2003. Scott J. Lund, Mayor ATTEST: - Debra A. Skogen, City Clerk First Reading: June 9, 2003 Second Reading: Published: 2 - �_ CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 4, 2003 CALL TO ORDER: Chairperson Savage called the June 4, 2003, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Brad Dunham, Barb Johns Members Absent: Larry Kuechle, Dean Saba Others Present: Stacy Stromberg, Planner Michael Juaire, PMJ Group Inc. Cindy Mabel, 1214 Norton Avenue NE Luanne Prater, 1215 Norton Avenue NE Paul Larsen, 6460 Squire Drive NE Neil Itzen, 1175 Norton Avenue NE APPROVE THE MAY 21 2003 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the May 21, 2003, Planning Commission meeting minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #0-304, by Michael Juaire, for the construction of a six-unit townhome development, legally described as Lot 4, Auditor's Subdivision #89, generally located at 1163 and 1175 Norton Avenue NE. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms. Stromberg stated the petitioner is requesting to replat the property located at 1163 and 1175 No�ton Avenue to create seven separate lots from part of Lots 4 and 5, Auditor's Subdivision #89, in order to construct a six-unit renter-occupied townhome development. This is the third plat request submitted by Michael Juaire for a townhome development on Norton Avenue. Ms. Stromberg stated the property located at 1175 Norton Avenue is zoned R-3, Multi-Family, as are all surrounding properties. The existing home and garage were built in 1958, and both of these structures will need to be removed in order to accommodate the proposed townhome development. 3 PLANNING COMMISSION MEETING, JUNE 4, 2003 PAGE 2 Ms. Stromberg stated the property at 1163 Norton Avenue is zoned R-3, Multi-Family, as are all of the surrounding properties to the north, east, and south. The property to the west is zoned M-1, Light Industrial. The existing home was constructed in 1953, and the existing garage was constructed in 1958. Again, both of these structures will be removed to accommodate the proposed townhome development. Ms. Stromberg stated that City Code requires lots in the R-3, Multi-Family, zoning district to have a minimum lot area of 15,000 square feet for a 4-unit dwelling with an additionat 1,000 square feet for each unit over 4. The subject property is 25,960 square feet which exceeds the minimum requirements. The proposed townhome development also meets all setback and lot coverage requirements. Ms. Stromberg stated a public hearing was held at the May 21, 2003, Planning Commission meeting for the second plat request on Norton Avenue. At that meeting, the neighbors brought up the issue of the zoning of Norton Avenue. She stated this block of Norton Avenue was rezoned from R-1 Single Family, to R-3, Multi-Family, on August 19, 1963. A public hearing was held on June 13, 1963, at the Planning Commission meeting and was continued to the June 27, 1963, Planning Commission meeting to deliver notices to the neighborhood. At the June 27, 1963, Planning Commission meeting, no one opposed the rezoning. Therefore, the rezoning request was approved by the City Council on August 19, 1963. It appears that the vision of the City Council was to allow higher density in this area. Mr. Juaire's requests are bringing that area closer to that vision. Ms. Stromberg stated Mr. George Norton, the petitioner for the 1963 rezoning request, stated at the June 13, 1963, public hearing that this was the only remaining residential portion in the area and, therefore, he wished to rezone it so that the full value of the property could be obtained. The Comprehensive Plan designates the 2020 future land use of this area as redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflects the community's collective vision. The purposes of redevelopment are to remove older blighted structures and to provide the opportunity for more efficient land uses and eliminate inefficient land uses that under-utilize parcels. Ms. Stromberg stated the Norton Avenue block is categorized under Redevelopment No. 1 in the Comprehensive Plan which also includes the salvage yards in the northern pa�t of the City. It states that the multiple family properties located on Norton Avenue may be eligible for rental, rehabilitation programs. The City should also pursue aggressiye code enforcement to assist in eliminating any negative impacts resulting from illegal outdoor storage or other code enforcement problems. The redevelopment section of this area doesn't specify that this area should be used for anything other than multi-family. Ms. Stromberg stated that any time something new is constructed in a neighborhood, the existing neighbors may view the changes negatively and an alteration to the character of the area. However, the intent of the 1963 rezoning was to accommodate multi-family in this neighborhood. Adding these additional townhome developments is consistent with the decisions made by the City Council 40 years ago. Ms. Stromberg stated the Fridley City Code states that construction hours are between the hours of 7 a.m. to 9 p.m., Monday through Friday, and between the hours of 9 a.m. and 9 p.m. on Saturdays and legal holidays. Any work activity on Sunday is unlawful. Mr. Juaire and his construction crew will be obligated to meet these requirements. I.l �� PIANNING COMMISSION MEETING, JUNE 4, 2003 PAGE 3 Ms. Stromberg stated that regarding neighborhood comments, Mrs. Reynoids called her that day stating that she wouldn't be able to attend tonight's meeting but asked that her concems be mentioned for the record. It was Mrs. Reynolds' understanding that there is an underground spring that exists at 1163 Norton Avenue which required the existing house to have a special foundation, and she would like the Ciry's engineering staff to investigate that. She was also wondering if the new structures do not have basements, if Mr. Juaire will be providing some type of storm shelter. She would also like the City to provide more notice to the neighborhood the next time the water main is shut off. She was also wondering if follow-up information could be provided to the neighborhood as to procedures to take for the restart of hot water heaters and other appliances. , Ms. Stromberg stated City staff recommends approval of the replat request with stipulations as it provides additional housing opportunities for Fridley residents. If the plat is approved, staff recommends the following stipulations: 1. The final landscape plans shall meet Code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigatioh installed. 3. Brick type and application and elevations and other external building materials shall be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. The proposed �ain gardens located on the property shall be properly maintained. 12. All elements of the building shall meet the current building code and be approved by the City Building Official. 13. The petitioner shall pay applicable park dedication fees of $1,500 per unit prior to the issuance of any building pe�mits. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Reconfigure driveways so that both units with shared driveways have equal widths of street frontage. 16. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. Mr. Kondrick asked what the proposed rain gardens are referenced in stipulation #11. Ms. Stromberg replied the rain gardens are a way to store the water runoff. It's similar to a pond, a low area on the site where all the water runoff can be located with some kind of vegetation. Ms. Johns stated it usually has flowers and vegetations surrounding it. � PLANNING COMMISSiON MEETING, JUNE 4, 2003 PAGE 4 Mr. Kondrick asked if they were taiking about a 12-foot by 24-foot area. Ms. Stromberg stated s he would refer that question to Mr. Juaire. Mr. Oquist asked about the spring issue brought up by the neighbor. Did she have a chance to check on that? Ms. Stromberg replied, no, as the neighbor called about 4:30 that afternoon. She would check on that issue the next day. Mr. Michael Juaire, PMJ Group Inc., stated the rain gardens are similar to the Norton No. 1 infiltration ponds that are meant to control the flow. Basically, runoff from the site itselfi is directed towards the pond. The two ponds are approximately 12-15 feet in diameter, and they have some special deep-rooted vegetation that goes around them to try and contro� erosion; but they have all water running into them and then a controlled outlet that goes into Norton creek. Mr. Kondrick asked about how deep the rain gardens going to be. Mr. Juaire replied these would be 3 feet or less, about 2%z feet. The one at Norton No. 1 is handling pretty close to an acre and is about 3'/z feet deep. The new proposed area is just over half an acre. Mr. Kondrick asked if they put rock around the perimeter. Mr. Juaire stated they actually use a special seed mixture, inspected by MnDOT, who uses it in heavy water areas, like roadsides. MnDOT 25B is a special seed mixture that will germinate and live in heavy moisture areas, along with some deep-rooted vegetation that most people will likely recognize in marshy areas. However, he is choosing pussy willows in this area. In this particular case, it was also requested as one of the stipulations by the Rice Creek Watershed District. Ms. Savage asked if he had any problems with any of the stipulations. Mr. Juaire replied he did not. Regarding the question by the neighbor about the spring, this is the first time he had heard that. There is a full soils engineering analysis that is done and is submitted to the City prior to the issuance of a permit. In addition to that, 1163 Norton is different from others properties in that area; 1175 and 1170 just to the east and one just to the south, are slab on grade. The property at 1163 Norton has a full basement. These properties are slab on grade so the basement floor of 1163 is eight feet lower than what this property is going to be. If there were any significant water issues, the former homeowner would have known about it. Mr. Juaire stated he has been in the basement and walked around his house, so he would be surprised if there was an issue there. However, it will definitely be evaluated by the engineers as they go down 16 feet. Mr. Kondrick asked if these units will have basements. Mr. Juaire replied, no. They will be slab on grade. That was the issue brought up with respect to the storm shelters. Slab on grade type of construction is pretty common. Three out of the five homes he has purchased to do the development on this were slab on grade before. � PLANNING COMMISSION MEETING, JUNE 4, 2003 PAGE 5 Ms. Leanne Prater, 1215 Norton Avenue NE, stated she lives just east of the property they are talking about this evening. One of her big concerns is the traffic. Currently they have a minimal amount of traffic on their street since it is a dead-end street. With all these new homes coming in, they could have up to a minimum of 40 additional cars on the street. Another concern is about the parking. She knows there will be double garages as well as finro parking spots in front, but there is limited parking on the street because there are so many multi-family homes. She wondered if the street could be posted "no parking overnighY' so people don't leave their cars on the street indefinitely. She was also concerned about the construction working hours. She thought that it was 7:00 a.m. to 5:00 p.m. in a residential area so she was concerned about 7:00 a.m. to 9:00 p.m. as that is getting rather late. Ms. Prater stated she has several big trees on her lot. She is concerned that with the construction and digging that some of those roots may be cut, and she may lose some of those trees. Who takes care of removing those trees once they are dead or is that just her problem? Ms. Prater stated there is an apartment complex to the north of her and a duplex to the east, and both of those residences have privacy fences. She has talked to Mr. Juaire about a privacy fence, and he is willing to work with them on a fence. She stated she greatly appreciates that. Ms. Prater stated over 30 children live on this street and right now, since there is such a low amount of traffic, a lot of them play in the street, and the cars have to drive slowly. She asked if the City can put a sign at the beginning of their road, "Slow-Children at Play". She is hoping this new townhome development will make their neighborhood nice, and she is willing to work with Mr. Juaire. Mr. Paul Larsen, 6460 Squire Drive, stated he is the current owner of 1200 Norton Avenue, which was George Norton's original homestead. They are now the fourth generation owners of that house. All the single-family homes that are on Norton Avenue were built by his wife's grandfather, father, uncle, and great uncle. Most of the houses that have been removed already were built out of scrap and salvaged materials and were definitely an undesirable element in that neighborhood. In the early 50s, no one really cared. Some of those houses were built out of abandoned railroad cars and things like that. He has spent 20 years in the residential construction business and three years selling real estate, and he can tell them that the product Mr. Juaire is putting on their block right now is far superior to the homes he has tom down and the homes he is planning to tear down in the fuCure. Mr. Larsen stated regarding the underground spring at 1163 Norton, that house was built by his father-in-law, and he was never told of any problems when the foundation was put in. A tax forfeit lot immediately to the west is part of the watershed going out that direction, and if there were any springs, they woutd be on that tax forFeit lot as opposed to the lot at 1163 Norton. Mr. Larsen stated he is highly in favor of Mr. Juaire's project. It is a valuable addition to the neighborhood, and everyone's appraised home values and quality of life are going to be greatly improved. Ms. Cindy Mabel, 1214 Norton Avenue NE, stated she is opposed to the extent that Norton Avenue is being developed. At the last Planning Commission meeting, she asked for an explanation of how zoning on this street went from R-1 to R-3. Ms. Stromberg was kind enough to get that information. However, that zoning did not change in 1963 as Ms. Stromberg had reported. She bought her house in 1971, and it was zoned R-2, Two Family Dwellings. She can bring in the papers to show that. It went from R-1 to R-2 in 1963. When she bought her house in 1971, the neighborhood was zoned R-2. Somehow the zoning changed from R-2 to R-3, 7 PLANNING COMMISSION MEETING, JUNE 4, 2003 PAGE 6 Multi-family, in the late 80s to accommodate the apartment building at the end of the street. She stated she really needed to be satisfied as to why the zoning went from R-2 to R-3 without her being notified. Mr. Oquist replied that it is on the record that the zoning went to R-3 in 1963. Ms. Mabel replied that maybe she was sold her house under false pretenses. Mr. Oquist stated that may have happened. Ms. Mabel stated she is concerned about the density; is very concerned about the parking, and is concerned about the loss of trees. These are all things that make the quality of life in Fridley good, livable and habitable. She would like to point out that the two homes they are talking about are not nearly in as bad condition as the property at 1470 Norton which was a terrible home that needed to be condemned. These two remaining houses would make good starter homes, providing affordable housing for young people and lower income people. These homes would be far more affordable than to rent one of Mr. Juaire's townhouses at around $1,100 or $1,200 a month. Ms. Mabel stated her biggest issue is providing some kind of parking area to accommodate this development on the cul-de-sac. She is talking about the originaf 8 townhomes that are under construction now and the proposed 6 townhomes that Mr. Juaire wants to add. That is 14 units in a small cul-de-sac, and no one can park in the cul-de-sac. Not everyone wants to use both spots in their driveway when they need to get cars out of the garage, and you don't want to block your access in and out of your garage. So some extra parking is needed. If these people want to have guests over, she doesn't know where they are going to park. What Mr. Juaire is proposing now is not adequate. She wants to propose that somehow a small parking area be put in to accommodate these 14 townhome residents. Ms. Mabel stated everything Mr. Juaire has asked for he has gotten, and he hasn't been the most considerate developer to work with. They have had unlicensed trucks/vehicles on their street that are not supposed to be on city streets. Construction is occurring at odd hours, on Sunday and after 9:00 p.m. He was told at the last Planning Commission that he should have a neighborhood meeting to address some of these issues. She believed the neighborhood meeting consisted of his approaching one neighbor today. She took up a petition at the initial meeting for the eight-plex and she got over 30 signatures who were opposed to the high density. She is asking the Planning Commission to consider the concems of people like her who have lived on that street for 32 years and care about their property, especially the parking issue. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:04 P.M. Mr. Kondrick stated the Council will also have a chance to hear the neighbors' comments. There are 16 stipulations that the developer will have to follow. The Planning Commission has always been very careful about proposed developments, how buildings are going to look, etc. For these reasons, he is in favor of the preliminary plat. Mr. Oquist stated he agreed and also suggested that Mr. Juaire talk to his contractors and make. sure they are not coming in on Sundays or working until 10 o'clock at night. He would be in 8 .. PLANNING COMMISSION MEETING, JUNE 4, 2003 PAGE 7 favor of looking at the possibility of recommending to the Council that the street be signed for no parking between certain hours. Mr. Kondrick commented that there is only parking on one-half of his street. Mr. Oquist stated maybe that is another possibility. Other than that, this seems to be a very good development, and it should help the area. Ms. Johns stated she is glad to see that rain gardens are involved. She is also glad that the Rice Creek Watershed District has been involved as they would anywhere along that creek. She did think that a"Children at Play" sign would be a good idea as well. People should always be careful how they drive no matter what street they are on, especially when children are involved. Mr. Juaire seems to be following the rules, and he has met all the requirements; however, she also understands the neighbors' concerns. One of her concerns is the deconstruction of these houses, whether everything would go to the landfill, but it doesn't sound like much of the materials would be very good for deconstruction as it has already been re-used once. She doesn't like to see a lot of trees cut down. She hopes that Mr. Juaire will try to keep as many trees as possible and put in nice plantings along the whole property and adjacent to the neighbors. She thinks the sign issue can be�addressed with the City staff and that they would be receptive to that. Mr. Kondrick asked if the developer is being restricted regarding the number of trees that can be removed. Ms. Stromberg replied stipulation #1 addresses a landscape plan. Before Mr. Juaire can pull a building permit, the landscape plan needs to be approved by Ciry staff which requires a specific amount of plantings per development. Ms. Johns stated the houses are going in the center part of all the p�operties so she is assuming that most of the trees are around each of the townhouses as they exist. Are there perimeter trees that are going to be kept? Ms. Stromberg replied she believed so. She hasn't yet reviewed the landscape plan on this plat because they don't have the final plan, but there are trees around the perimeter and if Mr. Juaire keeps those, he receives credit. The Code definitely addresses trees and makes sure that he is replacing the trees that are taken down. Mr. Dunham replied he is okay with the plan and he likes what is going on. He thinks the neighborhood will be improved by the townhouses. Regarding the 30 children in the neighborhood, can the Planning Commission do anything about the signage? Ms. Stromberg stated it is something she will bring up to the Public Works Department, and she is pretty certain they will be willing to accommodate that request. Mr. Dunham replied he thinks they need to do everything they can with respect to that part of it. Ms. Savage stated there appears to be a lot of misunderstanding about the zoning of the street. This area is, in fact, zoned R-3 and has been for 40 years. It is a multi-family area. That is why it is being developed as multi-family, and that is why the single-family homes are being removed. Mr. Juaire is clearly within the law in having this development. The development meets city code requirements for lot size and setback and lot coverage and, additionally, it appears it will be an asset to the neighborhood. She can understand it is something different for the neighbors to get � i PLANNING COMMISSION MEETING, JUNE 4, 2003 PAGE 8 used to. Hopefully, it will work out a lot better than their thinking is right now. She would support and go along with the recommendations made by the other Commission members. Ms. Stromberg replied that she would like to restate that the property was rezoned from R-1, Single Family, to R-3, Multi-Family, on August 19, 1963, by the City Council. That is the research that is on record, and she would be happy to provide any information that is needed to the neighbors. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend to City Council approval of Preliminary Plat, PS #03-04, by Michael Juaire for the construction of a six-unit townhome development, legally described as Lot 4, Auditor's Subdivision #89, generally located at 1163 and 1175 Norton Avenue NE with the following stipulations 1. The final landscape plans shall meet Code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application and elevations and other external building materials shall be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. The proposed rain gardens located on the property shall be properly maintained. 12. All elements of the building shall meet the current building code and be approved by the City Building Official. 13. The petitioner shall pay applicable park dedication fees of $1,500 per unit prior to the issuance of any building permits. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Reconfigure driveways so that both units with shared driveways have equal widths of street frontage. 16. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated this will go to City Council on June 23. 2. RECEIVE THE MINUTES OF THE_MAY 14 2003. APPEALS COMMISSION MEETING. MOTION by Mr. Oquist, seconded by Ms. Johns, to receive the Minutes of the May 14, 2003, Appeals Commission Meeting. �� 0 PLANNING COMMISSION MEETING, JUNE 4, 2003 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE MAY 1, 2003. HOUSING AND REDEVELOPMENT AUTHORITY MEETING. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the Minutes of the May 1, 2003, y Housing and Redevelopment Authority Meeting. " 4. RECEIVE THE MINUTES OF THE MAY 20 2003. ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. MOTION by Ms. Johns, seconded by Mr. Kondrick, to receive the Minutes of the May 20, 2003, Environmental Quality and Energy Commission Meeting. OTHER BUSINESS: Ms. Stromberg stated they do have one item on the agenda for the June 18 Planning Commission meeting. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Dunham, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 4 2003, PLANNING COMMISSION MEETING ADJOURNED AT 8:16 P.M. Respectfully submitted, � ��1�r�1 �_�� Denise M. Letendre Recording Secretary _ 11 , , � � ` ClTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 23, 2003 DATE: June 19, 2003 TO: William W. Burns, City Manager �� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for the Norton Manor Second Addition M-03-81 INTRODUCTION On May 21, 2003, the Planning Commission considered plat request PS #03-03, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans :o replat the property located at 1275 Norton Avenue to allow for the construction of a 4-unit town home development. City Staff and the Planning Commission �ecommend approval of plat request, PS #03-03, with 13 stipulations. At the June 9, 2003, City Council meeting, tJie preliminary plat was approved, with 13 stipulations. To be consistent in the plat process, staff has prepared a development agreement for the Norton Manor Second Addition. That development agreement has been attached for your review and approvaL RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. . 1_ u � . t .� R$SOLUTION NO. 2003 RESOLUTION APPROVING A PLAT, P.S. #03-03, NORTON MANOR SECOND ADDITION, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR TH$ PURPOSE OF �ONSTRUCTING AN 4-UNIT TOWN HOMB DEVELOPMENT, GENERALLY LOCATED AT 1275 NORTON AVENUE WHEREAS, the Planning Commission held a public hearing on May 21, 2003, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for NORTON MANOR SECOND ADDITION at their June 9, 2003, meeting, with stipulations attached as Exhibit A; and WHER�AS, a copy of the plat NORTON MANOR SECOND ADDITION has been �ttached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON MANOR SECOND ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF TH$ CITY OF FRIDL$Y THIS 23� DAY OF 3UNE, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT LUND - MAYOR K ✓ i r G Page 2- Resolution -2003 - NORTON MANOR SECOND ADDITION EXHIBIT A STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four- sided appearance. � 6. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 7. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. Individual services will be required for each unit. 9. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 10. All elements of the building shall meet the current building code and be approved by the City Building Official. 11. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 12. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are. properly capped or removed. 13. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. DEVELOPMENT AGREEMENT THIS AGREEMENT, made this _� day of , 2003, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Michael Juaire, (hereinafter called the "Developer"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: That part of Lot 9, Auditor's Sudivision No. 89 lying East of the West 85 feet thereof (the "Subdivision"); and to be described as Norton Manor Second Addition WHEREAS, the City Council, by resolution # , adopted , 2003, granted Developer's plat request for a portion of the property to allow it to construct a four unit town home development on the subdivision on the condition that the subdivision is developed according to the site plan, dated , 2003, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the 4 town homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolu�ion accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. The Developer agrees that it will not sell any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the development until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of `�� Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of the development. 2. Water and Sewer A water and sewer lateral fee assessment will not be applied to each lot, due to the fact that the original lots had paid lateral charges and the new development will require private utility installation from the existing laterals. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to all lots as shown on the preliminary plat. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the cut approved by the Public Works Department of the City. (B) The Developer shall provide a plan/profile drawing prepared by an engineer registered with the State of Minnesota for the sanitary sewer main line extension off Norton Avenue prior to construction for approval by City Engineering staff. 3. Gradinq, Erosion Control, and Tree Preservation Plans. The Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new town homes. (B) Ail areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received_from the City and the Anoka County Soil and Water Conservation District, or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have � fencing around them, which shall extend wherever possibte to the tree drip line. No construction or grading work shali commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is comptete, the Developer shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of $1,500.00 per lot at the time of building permit issuance. The�total park dedication fee for the development is $6,000.00. (4 lots x $1,500.00 = $6,000.00). 7. Drainaqe Easement. The Developer shall provide the City with easements dedicated on the plat over the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Aqproval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Leqal Proceedinqs. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest — as described in Paraqraph 1. � 13. Attornevs' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 15 14. Severabilitv. If any portion, section, subsection, sentence, ciause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants n.�nning with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shalt be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. • 16. Assiqnabilitv. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. SIGNED AND EXECUTED by the parties hereto on this day of ----��, 2003 DEVELOPER BY�_ — Michael Juaire ATf EST: Debra A. Skogen, City Clerk � CITY OF FRIDLEY BY�— -- Scott J. Lund, Mayor EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The final landscape plan shall meet code requirements for number of and size of piantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other e�ernal building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 7. A utility plan shafl be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. Individual services will be required for each unit. 9. A 12-foot utility and drainage easement shall be granted along the entire no�the�n edge of the property prior to final plat. 10. All elements of the building shall meet the current building code and be approved by the City Building Official. 11. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 12. The petitioner shall provide p�oof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 13. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. � EXHIBIT B- PLAT APPROVED BY COUNCIL : a CfTY OF FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 23, 2003 June 19, 2003 William Burns, City Manager !�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner . Subject: Final Plat, PS #03-03, Michael Juaire, PMJ Group, Inc. M-03-80 INTRODUCTION On May 21, 2003, the Planning Commission considered plat request PS #03-03, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the property located at 1275 No�ton Avenue to allow for the construction of a 4-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-03, with 13 stipulations. At the June 9, 2003, City Council meeting, the preliminary plat was approved, with 13 stipulations. RECOMMENDATION City Staff and the Planning Commission recommend approval of PS #03-03. STIPULATIONS 1: The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be F� � constructed using brick. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. �� 7. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. Individual services will be required for each unit. 9. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 10. All elements of the building shall meet the current building code and be approved by the City Building Official. 11. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 12. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 13. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. Z� City of Fridley Land Use Application PS-03-03 May 21, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Juaire 9814 Pin Oak Avenue Brooklyn Park MN 55443 Requested Action: Replat property to accommodate a 4- unit town home development. Existing Zoning: R-3, General Multiple Units Location: 1275 Norton Avenue Size: 16,108 sq. ft. .37 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Apartment building & R-3 E: Duplex & R-3 S: Duplex & R-3 W: Duplex & R-3 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments are a permitted use in the R-3 zoning district. Zoning History: Lot platted -1949 House built pre-1949 2003 — Wrecking permit issued to removed house and garaqe. Legal Description of Property: Part of Lot 9, Auditor's Subdivision #89 Public Utilities: Located at the property. Transportation: Town homes will be accessed from Norton Avenue. Physical Characteristics: Typical suburban lot and landscaping. � SUMMARY OF REQUEST Petitioner, Michael Juaire is requesting to replat the property located at 1275 Norton Avenue to allow for the construction of a 4- unit town home development. SUMMARY OF ANALYSIS City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. CITY COUNCIL ACTION / 60 DAY DATE City Council — June 9, 2003 60 Day — June 16, 2003 Existing Home Staff Report Prepared by: Stacy Stromberg PS #03-03 REQUEST Mic aire, of PMJ Group, Inc. is requesting to replat the property located at 1275 Norton Avenue, to create 5 separate lots from part of Lot 9, Auditor's Subdivision #89, in order to construct a 4-unit renter occupied town home development. This is the second of three plat requests submitted by Michael Juaire for a town home development on Norton Avenue. The third request will be before the Planning Commission on June 4, 2003. 2 � C�31 Z � ^� � � 0 � 7151 � 72fVD �4VE � � w a ` 12f10 � Green Circles — 1��PIat Request — approved Pink Circle — 2"d Plat Request Blue Circles — 3rd Plat Request 13t1s , ... � �� `� �:_ ANALYSIS The property is zoned R-3, Multi-Family, as are all surrounding properties. The existing home and garage were built prior to 1949. Both of these structures would be removed to accommodate the proposed town home development. City Code requires that lots in the R-3, Multi-Family zoning district have a minimum lot area of 15, 000 square feet for a four unit dwelling. The subject property is 16,108 square feet, which exceeds the minimum requirements. The proposed town home development also meets all setback and lot coverage requirements. 22 Existing home and garage — to be removed Staff Recommendation City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using a masonry material. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations. 6. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 7. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. Individual services will be required for each unit. 23 9. A 12-foot utility and drainage easement shali be granted along the entire northern edge of the property prior to final plat. 10. All elements of the building shall meet the current building code and be approved by the City Building Official. 11. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 12. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 13. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. �� CRY OF FRIDLEY TO: FROM: AGENDA ITEM COUNCIL MEETING OF JUNE 23, 2003 WILLIAM W. BURNS, CITY 1�iANAGER �1'�� RICHARD D. PRIBYL, FINAI�TCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTAi�1T SUBJECT: MODIFICATIONS TO THE 2003 BUDGET DATE: June 20, 2003 Attached you will find a resolution amending appropriations to the 2003 budget in accordance with the City Charter. The adjustments listed have arisen as a result of various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment 25 Resolution No. - 20U3 A RESOLUTION AUTHORI7.ING CHAl�iGES IN APPROPRIATIONS FOR THE 2{)1)3 BUDGET FOR JANUARY THRU JUNE, 2003 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that w-ill allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2003. NOW, TI�REFORE, BE IT RESOLVED that the foilowing funds will be amended as follows: REVENUE ADJUSTMENTS Finance-Reimbursement Paiice-Reirnbursement Police-Grant Fire-Donations Fire-Donations Fire-Reimbursemert Rec & Nat-Donation Rec & Nat-Donatior� Rec & Nat-Donatior Rec & Nat-Donation Rec 8� Nat-Donativn • - -�-; _ • � � u '� Finance-Other Services & Charges Police-Personal Services Polic�Supplies FireSupplies Fire-Supplies Fire-Other Services & Charges Reserve-Transfer Oui Fire-Capital Outlay Rec & Na#-Other Services & Charges Rec 8� Nat-Other Services & Charges Rec & Nat-Other Services 8� Charges Rec & Na#-Othe� Services � Charges Rec & Nat-Other Services & Charges GENERAL FUND 2.500 4,750 21,685 60 2,200 3,298 225 5C0 450 sa Z,00a � 2,500 4,750 21,6$S 60 2,20d 3,298 -5,000 S,OOd 225 500 450 50 2,000 c ►�IiE� Fridley Business Piaza Bond Issue Narcotics Task Force Racial Profiling Granf From ABRA �rom Sam's Club Insurance Reimbursement From Fridley American Legion From Lions Club �rom Bob's Produce From Antek Productions From Norfh Metro Conv 8� Visitors Fridley Business Plaza Bond Issue Narcotics Task �orce Squad Videa Cameras Operating Supplies Operating Supplies Repair Aerial Truck To Fire Replace Copy Machine Miss Fridley Pagenat 2003 Winterfest Teen Dance Teen Dance 49er's Days CAPITAL IMPROVEMENT FUND STREETS & PARKS CAPlTAL IMPROVEMENT REVENUE ADJUSTMENTS 26 0 Muni State Aid For Streets 330,000 �rom State Fund Balance 100,000 From Storm Fund Fund Balance 1,800 Use of Fund Balartce ' :�� APPROPRIATION ADJUSTMENTS Streets-Capitai Outiay 330,000 Trans Out to 2002 Street Fund = 561 Strests-Capital Outlay 100,000 Trans �ut to 2003 Street Fund = 562 Parks-Capital Outlay '1,800 Land Purchase at Moore �ake � :�� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23TH DnY OF NNE, 2003. ATTEST: DEBRA A. SKOGEN - CITY CLERK 27 SCOTT J. LUNU - MAYOR / a CiTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 23, 2003 William W. Burns, City Manager �� ,� � Jon H. Haukaas, Public Works Director Layne tteson, Assistant Public Works Director June 19, 2003 Award of Hickory Drive Watermain Replacement Project No. 350 PW03-060 On Wednesday, June 28, 2003, at 10:00 am bids were opened for the Hickory Drive Watermain Replacement Project No. 350. Sixteen sets of plans and specifications were sent out and five bids were received. The low bid was received from Midwest Asphalt, Corp. of Minnetonka, NIN, in the amount of $157,380.70. The 2003 CIP budget identifies $100,000 for this watermain project. The 2003 CIP budget also identifies $100,000 in watermain work for the 2003-1 street improvement project. We did not perform any watermain work on the 2003-1 street improvement project, so the $100,000 is available for the Hickory Drive watermain project. This brings the total available monies to $200,000. Recommend the City Council receive the bids and awazd the Hickory Drive Watermain Project No. 350 to Midwest Asphalt Corp. of 5929 Baker Road Ste 420, Minnetonka MN 55345, in the amount of $157,380.70. �,O/J�-II3:cz Attachment : BID FOR PROPOSALS HICKORY DRIVE WATERMAIN REPLACENIENT PROJECT NO. 350 WEDNESDAY, JUNE 18, 2003, 10:00 AM ' PLANHOLDER ' BID BOND ` BID ADDENDUM ' Midwest Asphalt Corporarion AIA $157,380.70 5929 Baker Road Ste 420 Minnetonka MN 55345 BNR Excavating, Inc IJF&C $169,576.00 POBox4154 Hastings MN 55033 Pazk Construcrion Company Westem $172,612.50 500 73rd Ave Ste 123 Fridley MN 55432 • Friedges Contracting Co. LLC AIA $187,723.11 21980 Kenrick Ave Lakeville MN 55044 Forest Lake Contracting Inc CNA $201,570.00 14777 Lake Drive Forest Lake MN 55025-9461 Davies Water Equipment Co NO BID 1694 91 st Ave NE Blaine MN 55449 F F Jedlicki Inc NO BID 14203 W 62nd St Eden Prairie MN 55346 F M Frattalone Excavating NO BID 3066 Spruce Street St Paul MN 55117 Hardrives Inc NO BID 14475 Quiram Dr Rogers MN 55374-9461 Minnesota Pipe & Equipment NO BID 5145 211 th Street W Farmington MN 55024 National Waterworks NO BID 15801 W 78th Street Eden Prairie MN 55344 North Valley Inc NO BID 4105 85th Ave N Brooklyn Park MN 55443 29 BID FOR PROPOSALS HICKORY DRIVE WATER�IAIN REPLACEMENT PROJECT NO. 350 WEDNESDAY, JUNE 18, 2003, 10:00 AM PLANHOLDER ', BID BOND : BID 'ADDENDUM. ' Northwest Asphalt Inc NO BID 1451 Stagecoach Road Shakopee MN 55379 Penn Contracting Inc NO BID 13025 Central Ave Ste 200 Blaine MN 55434 Stepaniak Construction Co NO BID 2839 196th Ave NE East Bethel MN 55011 United Rentals Hwy Technologies #229 - NO BID 4700 Lyndale Ave N Minneapolis MN 55430 �� 5 YEAR CAPffAL IMPROVEMENT PLAN BUDGET 2004 City ot F�Idley As of 8/4/03 State of Minnesota Wate� Capitai Improvements 2003 Repair weil # 1 & 11 Street Project - watermain replacement � � Feasibility study and construction: replacement vs interior repair, exterior inspection repair & painting of 1 1/2 MG standpipe at 53rd 8 Johnson St. Feasibility study and possible consUuction to expend the artificial high pressure zone � Hickory Dr watermain repiacement - 69th Way to 70th Cir. Total 2004 Repair well # 2 8� 13 Street Project - watertnain repiacement Interior repair 8� painting, exterior inspection, repair 8 painting of 1/2 MG elevated tank Replace backwash electronics at Commons Repair shop & storage building Total 2005 Repair Wells # 6 8� 7 Street Project - watermain replacement Watermain replacement between RR tracks and Main St at 83rd Replace fiiter values 8� actuators at Commons Re-roof Commons VYTP Commons Park GAC Plant (Superfund Dollars/Grant) (Rescheduled irom 2002 8 then 2004. Cost approx. 58,000,000) Total 31 " 94 65,000 100,000 150,000 80,000 SC,OOC 100,000 495 000 90,000 100,000 150,000 190,000 300,000 830 000 60,000 100,000 150,000 200,000 5Q.000 0 560 0 , , � � Cf11f OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF JUNE 23, 2003 CLAIMS 111911 =112114 32 � � QTY OF FRIDLEY Type of License AGENDA ITEM CITY COUNCIL MEETING OF .�UNE 23, 2003 LICENSES • TAXICAB AAA Taxicab 2010 E Hennepin Ave Mpls, MN 55413 TOBACCO Bosnian Supermazket 6253 University Ave NE Fridley, MN 55432 � Ashagre Atre Approved By: Public Safety Fatima Hoso Public Safety Fire Inspector Community Development 33 Fees: $5 $125 City of Fridley AGENDA ITEM City Council Meeting Of Monday, June 23, 2003 � Excavatinq Robarge Excavating 16576 Hanson Bivd Donovan Robarge Andover MN 55304- Gas Services Architect Mechanical Inc 105 Old Hwy 8#4 Steve Rak New Brighton MN 55112- ' Max Mechanical 711 5 St SW Chad Wetzel New Brighton MN 55112- NewMech Companies Inc 1633 Eustis St Peter Jordan St Paul MN 55108-1288 Northland Mechanical Contractors Inc 2900 Nevada Ave N Richard Tieva New Hope MN 55427 T 8 S Enterprises Inc 39126 Alston Ave Jerry Taeger Zephyrhills FL 33542- General Contractor-Commercial Bums Contracting Assoc Inc 3120 W Calhoun Blvd Terrance Bums Minneapolis MN 55416- Dorglass Inc 6008 Culligan Way Harvey Schmidt Minnetonka MN 55345- 34 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � � Independent School District #14 6000 West Moore Lk Dr NE Duane Knealing Fridfey MN 55432- Landmark Plaster 8� Stucco Inc 1822 7 Street SE Jesse Latterell St Cloud MN 56304- R 8� N Roofing Contractors 2555 Countryside Dr Steven Schuebly Long Lake MN 55356- General Contractor-Residential Anderson Custom Homes Inc (20338459) 18541 Jivaro St NW Erik Anderson Oak Grove MN 55303- Design Renovations Inc (20078966) 963 James Ave Tim Christensen St Paul MN 55102 K-Designers (20138685) 3810 West Hwy 13 Brad Houck Bumsville MN 55337- Lifetime Siding 8 Remodeling Inc (1780) 355 21 St David DuBois Newport MN 55055- Lone Oak Custom Homes (20129129) 2436 Eagle Valley Dr Thomas Kcepke Woodbury MN 5512� Nelson WE Stucco Co (20394184) 5642 FeIU Rd James Geisen Minnetonka MN 55343- Pella Windows 8 Doors (20165884) 15300 25 Ave N STE 100 Peter Desimone Plymouth MN 55447 35 - Approved By: Ron Julkowski Building Official Ron Julkowski Building Oificial Ron Julkowski Building Official State of MN State of M N State of MN State of MN State of MN State of MN State of MN - - � R & D Deck Builders (20096390) 6220 178 Lane NW Ray Bendijo Ramsey MN 55303- Rum River Lumber Co (20036086) 10141 Woodcrest Dr Allan Breidenbach Coon Rapids MN 55433- Skyline Exteriors (20215480) 6491 Arthur St NE Dennis Carlson Fridley MN 55432- Stenco Construction (6163) 2955 Co Rd H Jerome Stenhoff New Brighton MN 55112- Westphal Roofing (3937) 686 141 �ane NW Roger Westphal Andover MN 55304- Heatinq Architect Mechanical Inc 105 Old Hwy 8#4 Steve Rak New Brighton MN 55112- Max Mechanical 711 5 St SW Chad Wetzel New Brighton MN 55112- Northland Mechanical Contractors Inc 2900 Nevada Ave N Richard Tieva New Hope MN 55427 _ Mobile Home Installer Fritzke Trucking Inc 2726 Hwy 25 John Fritzke Watertown MN 55388- 36 Approved By: State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN � Plumbinq Appliance Installers of MN 16740 Irondale Path Gordon Meyer Lakeville MN 55044- Max Mechanical 711 5 St SW Chad Wetzei New Brighton MN 55112- NewMech Companies Inc 1633 Eustis St Richard Poser St Paul MN 5510&1288 Northland Mechanical Contractors Inc 2900 Nevada Ave N Richarci Tieva New Hope MN 55427 � Pipeworks Inc 680 Vaihalla Dr Phil Sheppard Cedar MN 55011- Regency Plumbing 3414 Louisiana Ave N Steve Johnson Crystal MN 55427- Roofinp Bervvald Roofing Co Inc 2440 N Charles St Kenneth Berwald N St Paul MN 55109-3080 Siqn Erector A LaPointe Sign Inc 1621 Gettysburg Ave N Mark Wilson Golden Valley MN 55427- Swimminq Pools Northwest Athletic Club 1200 E Moore Lake Dr Craig Sims Fridley MN 55432- 1200 E Moore Lk Dr 37 Approved By: State of MN State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official r � QiY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF June 23, 2003 William W. Burns, City Manager �� Jon HH kaas, Public Works Director Layne Otteson, Assistant Public Works Director June 19, 2003 Public Hearing on Alley Paving Project No. ST. 2003 - 3 PW03-063 This project paves the last gravel surfaced alleys in the City. Assessments will cover 100% of the cost for this project and are estimated at a price of $15.00 per foot of width for those properties involved. The public hearing for the Alley Paving Project No. S?. 2003 - 3 was set for June 23, 2003 by the City Council at their July 9, 2003 meeting. LO/JHH:cz : — , � � � CRY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF JUNE 23, 2003 TO: William W. Burns, City Manager �� . FROM: Jon . Haukaas, Public Works Director Layn� tteson, Assistant Public Works Director DATE: June 19, 2003 SUBJECT: Resolution Ordering Final Plans for Alley Paving Project No. ST 2003 - 3 PW03-061 The attached resolution officially orders the creation of final plans and specifications for the Alley Paving Project No. ST 2003 - 3. Recommend the City Council adopt the attached resolution ordering the final plans and specifications for the Alley Paving Project No. ST 2003 - 3. LO/JHI3:cz Attachment 39 RESOLUTION NO. - 2003 A RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: ALLEY PAVING PROJECT NO. ST. 2003 - 3 WHEREAS, Resolution No. 25 - 2003 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. 26 - 2003 receiving the preliminary report and called for a public hearing on the matter of the construction of certain _ improvements for this project, and WHEREAS, a public hearing was held on June 23, 2003 regarding this project, . and WHEREAS, the City Council has determined a need to reconstruct the streets to maintain them in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution 25 -2002 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Alley improvements including grading, stabilized base and hot-mix bituminous mat. 2. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 3. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF JUNE, 2003. Attested: DEBRA A. SKOGEN - CITY CLERK . � SCOTT J. LUND - MAYOR 0 � � QTY OF FRIDLEY TO: ' FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 23, 2003 William W. Burns, City Manager c�� Jon .�aas, Public Works Director Layne tteson, Assistant Public Works Director June 19, 2003 Resolution Receiving Final Plans for Alley Paving Project No. ST. 2003 - 3 PW03-062 The attached resolution officially receives the final plans and specifications for the Alley Paving Project No. ST. 2003 - 3. Recommend the City Council adopt the attached resolution receiving the final plans and specifications for the Alley Paving Project No. ST. 2003 - 3. LO;J�-II3:cz Attachment 41 RESOLUTION NO. - 2003 RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND OBTAIN QUOTES: ALLEY PAVING PROJECT NO. ST. 2003 - 3 WHEREAS, Resolution No. 25 - 2003 ordered the preliminary plans, specifications and estimates o= the costs thereof for the improvements in this project, and WHEREP,S, Resolution No. 26 - 2003 received the preliminary engineering report and set a public hearing for the improvements in this project, and WHEREAS, a public hearing was held on June 23, 2003 regarding this project, and - WHEREP,S, Resolution No. - 2003 ordered final plans and estimates of costs for this project. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution No. 25 - 2003 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Alley improvements including grading, stabilized base and hot-mix bituminous mat, and other facilities located as follows: Between Arthur St and Anoka St from Mississippi St to 66th Ave Between 62nd Way and 62 '-� Way from East River Road to Ashton Ave Between 62 '� Way and 63rd Way from East River Road to Ashton Ave That the work involved in said improvements as listed above shall hereafter be designed as: ALLEY PAVING PROJECT NO. ST. 2003 - 3 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are _ hereby approved and shall be filed with City Clerk. 42 Resolution No. - 2003 Page 2 The Director of Public Works shall obtain quotes from contractors who are currently holding a contract with the City. This project will be paid by adding a change order to an existing contract. The estimated project costs are well below $50,000.00. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23RD DAY OF JUNE 2003. � � ATTEST: DEBRA A. SKOGEN - CITY CLERK 0 SCOTT J. LUND - MAYOR �� Ct1Y OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF June 23, 2003 William W. Burns, City Manager �� Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk June 17, 2003 Resolution revoking Intoxicating Liquor License for NIN Sean Co.,d/b/a Sean's Grill & Pub, 8298 University Ave. NE Fridley, MN 55432 The City Council held a public hearing on April 14, 2003, regarding the renewal of intoxicating liquor license for MN Sean Co., dba Sean's Grille & Pub due to the appearance they had not met the requirement of Sections 603.18 and 603.19 of the City Code requiring a minimum of 40% of the gross sales attributed to food sales. The City Council requested the applicant forwazd further and continued the public hearing to Apri128, 2003. The Council approved a conditional liquor license and provided several conditions for them to meet. On June 9, 2003, the Finance Director received a phone call from a new accountant that had been hired to submit a CPA attested audit statement. On June 10, 2003, Sean's failed to submit the require statement to the City. In addition, a note was posted on the door of Sean's stating they were closed permanently. Due to the circumstances and for the record, staff recommends the City Council adopt a resolution revoking the intoxicating liquor license for MN Sean Co., dba Sean's Grille & Pub located at 8298 University Avenue NE, . . 0 � _- . � Cs�� °"'` �� n s � a-�� \ • �� To All Sean's Grille c� Pub Lustomer�s, Due to unforeseen circumstances invol�,-�n � the city of Fr�dley We are sorry to inform �fou that Sean's Grille & Pub has Permanently �lose� as of Today June 10, 2003. The city of F�ridley h� imposed too strict of guidelines for us to continue. In other words we were set u� to fail! . Be sure to listen to the Radio Stations because we will set up another "Party Central" in any city but FRIDLEY. We thank you for the Patronage. SEAN & SEAN Remember the city of Fridley Aint so Friendly! City Council Members SUCK! - Public Safety Directors SUCK BIG &#%&! _ This Means You! Bad Comb Over MOFO's If You need to call for any reason we have set up an Info line for questions or comment;;. 651-263-388�. 45 , RESOLUTION NO. A RESOLUTION REVOKING INTOXICATING LIQUOR LICENSE FOR MN SEAN CO DBA SEAN'S GRILLE & PUB LOCATED AT 8298 IJIVIVERSITY AVENUE NE, FRIDLEY, MN WHEREAS the City of Fridley, Minnesota, regulates the sale of intoxicating liquor in establishments located within the City, pursuant to the authority granted to it under Minnesota Statutes Section 340A, by ordinance, specifically Section 603 of the Fridley Municipal Code; and WHEREAS Fridley City Code, Section 603.10.19 states that at the time of renewal of any license for the sale of liquor within the city, "the applicant shall submit proof to the City that a minimum of 40% of the business is attributable to or derived from the serving of foods and intoxicating liquors, a minimum of 40% of the business for a license year is from the serving of food as required by Section 603.10.18;" and WHEREAS a renewal application was received from MN Sean Co. dba Sean's Grille & Pub (hereinafter referred to as Sean's) located at 8298 University Avenue NE, Fridley, Minnesota, showing it appeared that Sean's did not meet the minimum food sales requirement; and WHEREAS a public hearing was held on April 14, 2003, regarding the food to liquor ratio, as well as public safety concems, the City Council directed Sean's to provide additional information to the Finance Director and continued the public hearing to Apri128, 2003; and WHEREAS, the City Council granted a temporary conditional intoxicating liquor license on Apri128, 2003, for a period of three months or until July 28, 2003 with several conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council, based on the record of the two public hearings that are hereby incorporated as part of the record and findings of fact the on the matter makes the following additional FINDINGS OF FACT: That on June 10, 2003, Sean's could not meet the condition of providing a CPA-attested monthly audited financial statement for their May sales to retain their license; and 2. That on June 10, 2003, Sean's posted a public notice on the door of the establishment that Sean's has permanently closed. BE IT FLTRTHER RESOLVED THAT based on these findings of the record herein, the City council of the City of Fridley hereby revokes the intoxicating liquor license to MN Sean Co. dba Sean's Grille & Pub and owner Sean Tierney, located at 8298 University Avenue NE., Fridley, Minnesota 55432, as allowed by Fridley City Code Section 603.17. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF JUNE, 2003. ATTEST: Debra A. Skogen, City Clerk . � Scott J. Lund, Mayor � AGENDA ITEM CITY COUNCIL MEETING OF JUNE 23, 2003 cmr oF FRIDLEY Date: June 19, 2003 To: Wiiliam Burns, City Manager h�� f From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner . Subject: Preliminary Plat Request, PS #03-04, Michael Juaire, PMJ Group, Inc. M-03-82 INTRODUCTION Michael Juaire, PMJ Group, Inc. is requesting to replat the properties located at 1163 and 1175 Norton Avenue, to create 7 separate lots from part of Lot 4 and 5, Auditor's Subdivision #89, in order to construct a 6-unit town home development. PLANNING COMMISSION RECOMMENDATION At the June 4, 2003, Planning Commission meeting, a public hearing was held for PS #03- 04. After receiving public comment and a brief discussion, the Planning Commission recommended approval of plat request, PS #03-04, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 47 - 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. The proposed rain gardens located on the property shall be properly maintained. 12. All elements of the building shall meet the current building code and be approved by the City Building Official. 13. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Reconfigure driveways so that both units with shared driveways have equal widths of street frontage. � 16. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. � : City of Fridley Land Use Application PS-03-04 June 4, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Juaire 9814 Pin Oak Avenue Brooklyn Park MN 55443 Requested Action: Replat property to accommodate a 6- unit town home development. Existing Zoning: R-3, General Multiple Units Location: 1163 & 1175 Norton Avenue Size: 25,960 sq. ft. .60 acres Existing Land Use: Single Family Home. Surrounding Land Use & Zoning: N: Apartment building & R-3 E: Single Family home � R-3 S: Multi-Family & R-3 W: Industrial Building 8� M-1 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments are a permitted use in the R-3 zoning district. Zoning History: 1163 Norton Avenue • 1949 — Lot platted. • 1958 — House and garage built. 1175 Norton Avenue • 1949 — Lot platted. • 1953 — House built. • 1958 — Garaqe built. Legal Description of Property: 1163 Norton Avenue Part of Lot 4, Auditor's Subdivision #89 1175 Norton Avenue Part of Lot 4& 5, Auditor's Subdivision #89 r •, Public Utilities: Located at the property. Transportation: Town homes will be accessed from Norton Avenue. Physical Characteristics: Typical suburban lot and landscaping. SUMMARY OF REQUEST Petitioner, Michael Juaire is requesting to replat the properties located at 1163 & 1175 Norton Avenue to allow for the construction of a 6-unit town home development. SUMMARY OF ANALYSIS City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. CITY COUNCIL ACTION / 60 DAY DATE City Council —June 23, 2003 60 Day — June 30, 2003 Staff Report Prepared by: Stacy Stromberg PS #03-04 REQUEST Michael Juaire, of PMJ Group, Inc. is requesting to repiat the property located at 1163 and 1175 Norton Avenue, to create 7 separate lots from part of Lot 4 and 5, Auditor's Subdivision #89, in order to construct a 6-unit renter occupied town home development. ANALYSIS The properky at 1163 Norton Avenue is zoned R-3, Multi-Family, as are all surrounding properties. The existing house and garage were constructed in 1958. Both of these structures will be removed to accommodate the proposed town home development. �. _ � � � A.�.a _ Existing home and garage, located at 1163 Norton Avenue — to be removed The property at 1175 Norton Avenue is zoned R-3, Multi-Family, as are the surrounding properties to the north, east, and south. The property to the west is zoned M-1, Light Industrial. The existing home was constructed in 1953 and the garage was built in 1958. Again, both of these structures will be removed to accommodate the proposed town home development. 50 Existing home and garage, located at 1175 Norton Avenue — to be removed City Code requires that lots in the R-3, Multi-Family zoning district have a minimum Iot area of 15,000 square feet for a four unit dwelling, with an additional 1,000 square feet for each unit over four. The subject property is 25,960 square feet, which exceeds the minimum requirements. The proposed town home development also meets all setback and lot coverage requirements. At the May 12, 2003, Planning Commission meeting, a public hearing was held for the second preliminary plat request on Norton Avenue. As you will recall, there was some discussion from neighbors regarding the zoning of No�ton Avenue. Staff has done some research and determined that the Norton Avenue block was rezoned from R-1, Single Family to R-3, Multi-Family on August 19, 1963. A public hearing was held at the June 13, 1963, Planning Commission meeting and was continued to the June 27, 2003, PC meeting to deliver notices to the neighborhood. At the June 27, 2003, PC meeting, no one was present in opposition of the rezoning. The rezoning request was approved by the City Council on August 19, 1963. It appears that the vision of the City Council was to allow higher density in this area. Mr. Juaire's requests are bringing the neighborhood closer to that vision. The petitioner for the 1963 rezoning request, Mr. George Norton, stated at the June 13, 1963 public hearing, that this was the only remaining residential portion in the area and therefore, he wished to rezone so that the full value of the property could be obtained. 51 The Comprehensive Plan designates the 2020 future fand use of this property as "Redevelopment." Redevelopment is desc�ibed in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purposes of redevelopment are to remove older blighted structures and to provide the opportunity for more efficient land uses and eliminate inefficient land uses and under utilized parcels. The Norton Avenue block is categorized under the Redevelopment Area #1 in the Comprehensive Plan, which also includes the salvage yards. It states that, "The multiple family properties located along Norton Avenue may be eligible for rental rehabilitation programs. The City should also pursue aggressive code enforcement to assist in eliminating any negative images regulating from illegal outdoor storage or other code enforcement problems." The redevelopment section for this area doesn't specify that this area should be used for anything other than Multi-Family. Anytime something new is constructed in a neighborhood, the existing neighbors may view the changes negatively and an alteration to the character of the area. However, the intent of the 1963 rezoning was to accommodate multi-family in this neighborhood. Adding these additional town home developments is consistent with the decisions made by the City Council 40 years ago. Fridley City Code states that construction hours are between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and between the hours of 9:00 a.m. and 9:00 p.m. on Saturdays and legal holidays. Any work activity on Sundays is unlawful. Mr. Juaire and his construction crew will be obligated to meet these requirements. Staff Recommendation City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. Stipulations . City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. 52 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. For architectural consistency, all windows on front elevations shall have shutters installed. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 9. Individual services will be required for each unit. 10. A 12-foot utitity and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 11. The proposed rain gardens located on the property shall be properly maintained. 12. All elements of the building shall meet the current building code and be approved by the City Building Official. 13. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of anjr building permits. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Reconfigure driveways so that both units with shared driveways have equal widths of street frontage. 16. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 53 � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 23, 2003 CfTY OF fRIDLEY . INFORMAL STATUS REPORTS 54