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03/03/2003 - 00025043MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 3, 2003 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: OLD BUSINESS: Mayor Lund, Councilmember Barnette, Councilmember Billings and Councilmember Wolfe Councilmember Bolkcom William W. Burns, City Manager Paul Bolin, Planning Coordinator Layne Otteson, Assistant Public Works Director Frederic W. Knaak, City Attorney 1. ORDINANCE NO. 1172 AMENDING FRIDLEY CITY CODE, CHAPTER 603, INTOXICATING LIQUOR, DEFINING BOWLING CENTERS. Dr. Burns, City Manager, stated the first reading of the ordinance was held at the February 24, 2003, City Council meeting. The proposed amendment defined a bowling center and further clarified and defined the appropriate food to liquor sales for a restaurant, hotel and bowling center. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1172 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 19, 2003. RECEIVED. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED IN THE RIGHT-OF-WAY SOUTH OF 5541 FIFTH STREET N.E.) (WARD 1). FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 2 Dr. Burns, City Manager, stated that the ordinance declared real estate south of 5541 Fifth Street to be surplus and authorized the sale thereof. The parcel was originally taken by the State as right-of-way for construction of I-694. In 1979 it was turned back to the City. Since the parcel was not buildable and was not needed by the City, staff proposed to sell it for $1 per square foot to Tim Sylvester Builders. The parcel did not include a 10-foot boulevard along the I-694 service drive. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 4. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 110237 THROUGH 110361. 5. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 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 Barnette stated he would like to add Item 10A, First Reading of an Ordinance Amending Chapter 6 of the Fridley City Code Amending the Membership of the Planning Commission. Councilmember Barnette stated he would like to add Item 7A, Public Hearing on a Preliminary Plat Request, PS #03-01, by Michael Juaire, PMJ Group, Inc., to Replat Property for a Townhome Development, Generally Located at 1152 and 1170 Norton Avenue N.E. (Ward 2). 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 MARCH 3, 2003 PAGE 3 OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: 6. CONSIDERATION OF THE MARIAN HILLS NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2003-1. MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:38 P.M. Mr. Otteson, Assistant Public Works Director, said eight streets would be reconstructed during the summer: 52"d Avenue through Buchanen Street, Fillmore Street, Lincoln Street, Pierce Street, Skywood Court, Skywood Lane, and Taylor Street. Existing streets would be replaced with a new aggregate base and pavement surface, the existing curb would be replaced with new concrete curb and miscellaneous utilities, hydrants and sewer services would be upgraded as needed. The roadway would be designed to improve drainage and provide better access to the steep driveways in the neighborhood. Residents would be assessed according to policy. Calculations would based on the length of adjusted front footage. Concrete curb would be assessed only when installed for the first time and residents would be assessed no more than $15 per foot. Funding for the project would be broken down using six different funding sources: Minnesota State Aid, Special Assessments, Sanitary Fund, Storm Water Fund, Street Fund, and the Water Fund. Councilmember Billings said that assessments would be made for new concrete curb and gutter placed on only the front side of the lot. He said if someone already had concrete curb and gutter in front of the house, there would be no assessment. The only assessments were for replacing black bituminous curb with concrete curb. Councilmember Wolfe asked if a resident had cement curbs but they were different than the new style, would the curbs be changed. Mr. Otteson said no. If residents requested a change, they would pay for that themselves. Mr. Tom Erster, Lincoln Street, asked how water and sewer connects would be handled. He asked in what cases would a resident be responsible for payment on any kind of utility work. Mr. Otteson replied that on this project there are about seven or eight sanitary sewers that they would be digging. They have not identified any water services that need to be replaced. The water mains appeared to be in very good condition. Mayor Lund asked what the cost would be. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 4 Mr. Otteson replied there would be no cost. They would go up to the property line for the replacement. Councilmember Billings stated for clarification, from the property line to the main was the City's responsibility and from the property line to the house was the responsibility of the property owner. Mr. Otteson agreed. Mr. Wayne Johnson, 5834 Oxford Street North, Shoreview, stated he was not a property owner when the bituminous curbing was originally installed. He asked why it was installed. He asked for a clarification of special assessments. Mr. Otteson replied that the bituminous curbing was installed in the early 1960s and it was often used at that time. It was being replaced now because of maintenance problems and for controlling storm sewer water. He said there were two ways to pay assessments. They could be paid in a lump sum or added to the property taxes for a period of 10 years with interest. Councilmember Wolfe stated seniors or people on a fixed income could have their assessments added when they sold their home. Councilmember Billings indicated that interest would continue to accrue. Mr. Donald Fulcher, 5206 Pierce Street N.E., said he was delighted they were making these improvements. He said he had some concerns about his property. He said in 1979 when the property was built, he paid the City to build an e�tra drain storm sewer that runs across his driveway. It has been very successful and he would like some reassurance that it would remain. Councilmember Billings stated said he could assure him the City would be replacing capacity with capacity, if it was not improved. He suggested that he contact staff or leave his telephone number and staff would contact him. Mr. Tom Aarth, 5241 Fillmore Street N.E., stated he had a sprinkler system and wondered if it would be protected. He also asked about mailboxes. Mr. Otteson said that during construction, the mailboxes would be gathered by the contractor and moved to where the postmaster told them. Mr. Aarth asked if there was a way to get temporary lockboxes or something. Mr. Otteson stated they could check it out Councilmember Barnette asked about Mr. Aarth's question about his sprinkler system. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 5 Mr. Otteson stated the contractor would move the sprinkler and it would be kept out of the way. The sprinkler systems would be reinstalled by the contractor and if they leaked or were broken, the contractor would be responsible. Ms. Dorothy Pearson, 5216 Pierce Street N.E., asked what specifically would be done to their property, what the assessment would be and when the assessments were due. Mr. Otteson said he would get the assessment to her. The assessment was preliminary. He said during construction they would try to do as little work in the yards as possible. He said they would take pictures of the yard so they would know what it looked like before construction and would use the pictures to repair the yard after the construction. Councilmember Billings asked if they would be letting people know in advance what was being done. Mr. Otteson replied that before construction started, they would send a letter to the residents. He said construction would start in late May. A letter would go out in the middle of May that would advise residents when the work would begin, who the contractor was, and who they could contact with questions. During the construction newsletter will be sent out every two to three weeks. He said the final assessment would take place about six months after construction was completed. Mr. Dean Bliss, 5212 Fillmore Street N.E., stated he had drainage concerns with respect to the project. He said Mr. Otteson had been very helpful. He just wanted to go on record to make sure it was taken care of. He said he was in favor of the project. Mr. David Mollers, 1288 Skywood Lane, asked with the State deficit was there any chance the City would lose the funding. Councilmember Billings stated that there was always a chance that the State could take away the funds that have been set aside. This money came from the gasoline tax and has been set aside every year. It was a constitutionally-dedicated fund, so it was unlikely that it would be taken away. Mr. Mollers asked when construction would be finished. Mr. Otteson stated it depended on when the contractor could start construction. Dr. Burns, City Manager, stated that in 2002, moving utility poles was a big issue. He asked if that would be a problem with this project. Mr. Otteson replied that only a couple utility poles needed to be moved. Mr. Mollers asked about the curbs. Mr. Otteson replied that they would be putting in a standard curb. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 6 Mr. Mollers asked if the driveway would be replaced if it needed to be torn up. Mr. Otteson said it would. Mr. Mollers thanked him. He said Councilmember Billings earlier referred to costs for street construction and used a figure of $15 per foot as the amount that would be charged. He asked if that was correct. Councilmember Billings replied that $15 was the maximum amount that would be assessed. It could be less. Mr. Wayne Johnson asked if notifications would be sent to the property address or the property owner. Mr. Otteson said they would be sent to the owner. Councilmember Billings asked if notification of when the project was going to start and notification of which streets were going to be done would be sent to the property address or the property owner. Mr. Otteson stated, they would be sent to the property owner and the property address. Ms. Ardis Lidberg, 1361 Skywood Lane N.E., asked what a realistic time frame for the street improvements would be. She said her daughter was paralyzed and drove with hand controls and she needed to make plans. Councilmember Billings asked Ms. Lidberg to talk to Mr. Haukaas or Mr. Otteson. He said if she was aware of any other people on the street who had special needs, to let staff know. Ms. Lidberg asked if they would be able to drive on Skywood Lane during the whole project. Councilmember Billings replied that during most of the construction project, people would be able to drive on Skywood Lane. He said that generally speaking they would have access virtually every day. Residents would be notified if there will be specific days when there would be no access. Ms. Lidberg asked if it would be for only one day. Councilmember Billings said that it should only be for one day. Councilmember Barnette said if during the project there are complaints or problems, please call the City rather than confronting the contractor. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:22 P.M. 7. CONSIDERATION OF AN ORDINANCE TO AMEND CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-01, BY MICHAEL JUAIRE, TO REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO R-3, GENERAL MULTIPLE UNITS, GENERALLY LOCATED AT 1152 NORTON AVENUE N.E.) (WARD 2). 7A. CONSIDERATION OF APPROVING PRELIMINARY PLAT REQUEST, PS #03- O1, BY MICHAEL JUAIRE, TO REPLAT PROPERTY FOR A TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT 1152 AND 1170 NORTON AVENUE N.E. (WARD 2). MOTION by Councilmember Wolfe to open the public hearings. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:23 P.M. Mr. Bolin, Planning Coordinator, stated this was a public hearing on a rezoning request and plat request. The petitioner was Michael Juaire of PMJ Group, Inc. Mr. Juaire requested to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial, to R-3, Multi-Family. The petitioner also requested to replat both 1152 and 1170 Norton Avenue to allow for the construction of an 8-unit townhome development. With respect to the rezoning request, 1152 Norton was zoned light industrial and the existing land used as a single-family home. The existing land use was not consistent with the existing zoning designation. Rezoning this property would be an e�tension of the existing R-3 zoning classification, as the entire Norton Avenue block is zoned R-3, Multi-Family. He said the petitioner owned property 1170 Norton Avenue and had proposed that those two lots be combined and replatted for the 8 townhome units. Mr. Bolin stated that the City's zoning ordinance and zoning map are the mechanisms that help the City achieve the vision laid out in the City's Comprehensive Plan. The law gave the City the authority to rezone property from one designated use to another as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan designated the 2020 future land use of this property as being in a redevelopment area. Mr. Bolin said the Planning Commission recommended approval of the rezoning request on a 3 to 1 vote with nineteen stipulations. The proposed rezoning is an e�tension of the existing R-3 zoning district, and the rezoning would be consistent with the Comprehensive Plan. City staff recommended concurrence with the Planning Commission with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 8 2. A landscape plan for the ponding area, in lieu of fencing to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other e�ternal building materials to be reviewed and approved by City staff prior to issuance of a building permit. 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. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 9 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. 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. Bolin said that with respect to the preliminary plat, the proposed townhome development met all the lot size, setback, lot coverage, and parking requirements. He said there were 9 lots. Each townhome had a lot and the ninth lot would be the common property. The Planning Commission reviewed the preliminary plat request and unanimously approved it with nineteen stipulations. City staff recommended concurrence with the Planning Commission and recommended the addition of two stipulations. Councilmember Wolfe asked about the number of stipulations. Mr. Bolin replied that the majority of the stipulations were code requirements, City policies, or State statutes, and were put into stipulation format so there would be no questions that they needed to be followed. Councilmember Billings asked if 1152 was a landlocked parcel or if it was across from another street. Mr. Bolin replied there was a 12-foot wide easement that went across 1170 into 1152. There are existing homes on 1152 and 1170. Councilmember Billings asked about the parcel that was immediately north of 1152 and 7090 and south of 7151. Mr. Bolin replied he believed that Harstad Companies was located there and Mobile Home Sales was located to the north of that. Councilmember Billings asked what 7151 and the unidentified piece were zoned. Mayor Lund asked how the creek divided the property. Mr. Bolin replied that there was an easement across the northwest corner of the property. He said the Rice Creek Watershed District was reviewing this plan. They have requested easements to protect the edge of the creek City Engineering staff requested a 25-foot easement from the center of the creek, so they do not have anything impacting the creek. Mayor Lund asked about the pond on the property that was mentioned in the stipulations. Mr. Bolin said there was a pond proposed for the north edge of the property. Petitioner proposed putting a fence around it. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 10 Mayor Lund stated that the pond was for runoff from asphalt and hard surfaces. Mr. Bolin stated that was correct. Mayor Lund asked about the Fire Department's turn around. He wanted to know if it was on the west side. Mr. Bolin replied that it was. He said the Fire Department requested an arrangement like this so they could get a truck in and turn it around. Mr. Ed Stanke, 7091 Highway 65, said he was present for several reasons. Council had answered some of his questions. He said when this proposal was first made, they were told the townhomes would be sold. They found out that they are not for sale, but are going to be houses for rent. He stated this made them feel differently. He said he wanted to make sure that the elevations of this property do not slope to the west because there may be drainage problems. Mayor Lund asked if Mr. Stanke had spoken to staff about the drainage problem. Mr. Stanke replied that they had addressed it with Medtronics engineering staff and they put in an oversized culvert to handle water Councilmember Barnette asked about the detention pond and if it was designed to run out onto Norton Creek, onto the cul-de-sac or into the storm sewer to the east. Mr. Haukaas, Public Works Director, stated that was the existing drainage pattern for that area. The development would not significantly change that drainage. Mr. Stanke said he wanted to make sure. Councilmember Wolfe said one of the stipulations said that grading and drainage plans should be submitted to City Engineering staff prior to the issuance of a building permit. Mr. Haukaas replied that they would review the grading and drainage plan. All their calculations are based on the conditions as they exist today. It is not meant to go back and remedy past problems. He said that Nortin Creek did serve a large area and the pipe that was installed for the Medtronic entrance was sized based on the creek, not for any other improvements adjacent to it. Changes in runoff are dealt with at the time of redevelopment Mr. Stanke asked if it would make a difference if they were owned or rented. Councilmember Billings asked Mr. Stanke if the current owner of the property moved some dirt around before or after the Medtronic project. Mr. Stanke replied after. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 11 Councilmember Billings said land alteration permits go through both the City Engineering and Community Development Departments. He asked staff if any land alteration permits were obtained by the existing property owner. Mr. Haukaas said he did not remember one separate from the Medtronic development. Councilmember Billings stated he thought this needed to be addressed. Mr. Haukaas replied they would look at it, but without knowledge of what was there other than peoples' memories, it would be very difficult. Councilmember Billings stated Mr. Stanke may have other remedies. Mr. Stanke stated if there was going to be a new development, they better meet the requirements of the land elevations and he would like to have it looked at. Councilmember Barnette asked if all of the property along Norton Avenue with the exception of 1152 is currently zoned R-3. Mr. Bolin replied that it was. Councilmember Barnette said that 1170 was a single-family dwelling but was zoned R-3. He asked why. Mr. Bolin replied that the R-3 district was created around 1969. It allowed the R-2 district to have only single-family and two-family homes. The entire neighborhood was zoned R-3. Councilmember Barnette asked if 1170 was currently R-3. Mr. Bolin replied that it was. Councilmember Barnette asked if the developer and wanted to build a four-plex on 1170, he would have a right to build a multiple dwelling on 1170. Mr. Bolin stated he would have that right, but he would still need to meet the land area requirements. Councilmember Barnette asked if a developer could come in and put townhomes in that area since it was already zoned R-3. Mr. Bolin replied it was possible. Ms. Cindy Mabel, 1214 Norton, said she had spoken with the owner of 1163. He said he had already been in contact with Mr. Juaire and told him he would sell after July. The owner of 1175 had also been contacted. His house was vacant now and he was anxious to sell. She wanted to know if they should be planning for the whole project now and considering the impact on the FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 12 neighborhood. She also said there was a problem with the map in that 7103 was not listed. That is owned by Harstad. Karen Sorenson wrote a statement that she was contacted by Mr. Juaire and was told that these townhouses were going to be for sale, for people to buy them, not to rent. Ms. Sorenson was unable to come to the meeting and asked that this be submitted. She said she had a petition to submit also. MOTION by Councilmember Wolfe to receive the petition and the letter from Karen Sorenson. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Mabel said that there are many trees in the area and at the Planning Commission meeting Mr. Juaire said there would be only six left. She stated that she was also concerned about parking. If the only parking available was in the garages and on space directly in front of the garage, people would be parking on the street. They already have a parking problem. She also worried about the safety of the children in the area with the e�tra traffic. She said she was not against rental property, but wanted to see the development be consistent with what was already in the area, and that was double bungalows. Councilmember Wolfe asked if staff knew of all of the buildings that were potentially going to be in that area to prepare for the e�ra runoff. Mr. Haukaas replied that they could not do much with speculation. He said they have heard the same thing, but without actual plans and movement by the property owner or potential owner to do something, there was nothing they could act on. Mayor Lund asked if the petitioner would come forward. Mr. Michael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, owner of PMJ Group, stated that he had a contractual arrangement with 1152 and 1170. Councilmember Wolfe said he would like Mr. Juaire to answer some of the residents' questions. Mr. Juaire stated with respect to the issue of for sale versus for rent, his business was rental property. He built rental property and retained it. He did not sell it and was not an absentee landlord. He said the properties were in excellent shape, excellent condition and maintained well. He said he did a thorough job of screening of tenants. This was the first property that he was planning for construction. It was being replatted for the ability to sell. He said they would be platted with the ability to sell. He said they were planning that within a five-year time frame. He said it was their intention for the units to initially be rentals. After a four to five year time frame, they would be sold individually. That was why they were being platted individually. He stated that Mr. Stanke did bring up the drainage issue with him, and he said he would talk to Mr. Stanke more about the issue. He said if there were particular issues that needed to be addressed, he would like to know. He said that 2'/z to 3 inch trees will be added to replace those taken. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 13 With respect to parking, the design went beyond the requirements. There were two covered and non-covered parking spots per unit, for a total of 16 spaces. Mayor Lund asked if he was aware of any land or soil movement on the property. Mr. Juaire replied that he was not. The owner did tell him that he put a timber retaining wall on the west end of the property. Mayor Lund asked Attorney Knaak if the Council had any authority to restrict zoning based on ownership versus rental properties. Attorney Knaack replied the Council did not. Councilmember Billings asked what the square footage of the units was. Mr. Juaire replied 1,700 square feet. Councilmember Billings asked him if he had any ballpark idea of what the rent would be. Mr. Juaire said around $1,250. Councilmember Billings asked how many bedrooms would be in each unit. Mr. Juaire said there would be three bedrooms and two and one-half bathrooms. Councilmember Billings asked what kind of income would people need to have in order to afford the $1,250 rent. Mr. Juaire said he believe it was a minimum of three times that amount per month. Councilmember Billings replied, so he was looking at a household income of about $40,000 a year or more in order to be able to justify paying the kind of rent he was planning on charging. Mr. Juaire said he was interested in doing a similar project at 1163 and 1175. He said the owners have not committed to sell at this point. Councilmember Billings asked if he and his engineer had made any considerations to the present site that would include the possibility of acquiring the additional properties. Mr. Juaire replied it was discussed but there were too many unknowns. Councilmember Barnette asked how much a unit would sell for. Mr. Juaire stated $170,000. Mayor Lund asked about traffic counts. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 14 Mr. Haukaas replied there were no traffic counts for Norton Avenue. There would be increased traffic but he thought the road could handle it. Ms. Pam Reynolds, 1241 Norton, said that with respect to the rezoning, she reviewed the Comprehensive Plan. She did find that there was a Norton Creek repair project slated between 2003 and 2004. Mr. Juaire can build, and it will increase traffic. When she read the Comprehensive Plan under zoning issues, it said changes should be carefully considered to ensure that the proposal did not adversely impact neighborhoods, community character, or set an undesirable precedent. Looking at that statement, if this area was rezoned there would be 8 units. Mr. Juaire will possibly obtain another 8 or 12 more. It would change their neighborhood drastically. She said she thought there were better things the property could be used for. Ms. Reynolds said the other thing the Comprehensive Plan discussed was that it was the Petitioner's responsibility to prove the proposal was within the interest of the community and within the spirit of the plan. Mr. Juaire spoke about his vision at the Planning Commission and said it was an upscale, high-end project, and he hoped to attract young professionals. She said most young professionals she knew were paying $950 at the most and were trying to save to buy a house of there own. She said she did not know of many professionals who would want to live adjacent to a railroad yard, high power lines, a highway and a parking lot of a large employer. She said it was not consistent with the neighborhood. Considering the location, she did not think it would attract young professionals. Instead, she thought it would attract multiple renters and a lot of traffic. Ms. Reynolds said she had one other item to discuss. She asked how much disruption would be caused in the neighborhood while the project was being constructed. She asked who was going to take care of the maintenance of the properties. She said she was concerned about the safety of the children during construction of the units. She said she thought Council and the Planning Commission should look at this again and really think hard about what there were doing to the neighborhood. Mr. Juaire stated professionals were interested in the properties. He said he agreed with the Planning Commission in that this was a nice looking building that would be an asset to the area. With respect to the Watershed District, he submitted a request over a month ago. They have gone through a review. There was a minor change that needed to be made by the engineer and it has been resubmitted. He expected a permit to be issued within a week. With respect to hours of construction he thought the ordinance said around 7:00 a.m. to 6:00 p.m. Councilmember Wolfe stated the ordinance changed to 9:00 a.m. on weekends. Ms. Leanne Prater, 1215 Norton, said she was concerned with how large the project was and what it would do to the neighborhood. She said it would add people and more traffic. She asked what all the heavy traffic and truck traffic would do to their street. The road already needed some repairs. She was also concerned about parking. If they could not park on the cul-de-sac, they would park on the streets. She was concerned that this would set a precedent for the property at 1175 and 1163. She said she was concerned with the number of renters in the area. She was also concerned about the pond and the problem it could possibly cause for young FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 15 children. She said she would like a fence put up around the pond. She said it was a nice neighborhood and this project would definitely change the dynamics of the neighborhood. Councilmember Billings asked what 1152 was currently zoned. Mr. Bolin replied it was zoned M-1. Councilmember Billings asked what could be put in an M-1 district. Mr. Bolin said there were a number of different light industrial uses. Anything could be put in that did not involve outdoor storage or manipulation of goods or products. Councilmember Billings stated if they did not rezone 1152 and access to 1152 was from Norton Avenue the property could be bought for light industrial use and there could be traffic bringing in goods and taking goods out. Mr. Bolin stated that was correct. Councilmember Billings asked about traffic patterns in an M-1 district. Mr. Bolin said there was more traffic from industrial and commercial users during the daytime hours than there would be from residential users. Ms. Reynolds said there was a problem with the zoning map. According to the map they received from City Hall their neighborhood was G1, which was local business. She stated that at the Planning Commission meeting, they had no idea why it was M-1. It was corrected but not until she asked. Mr. Bolin replied that this map was an old version. It was corrected a couple of years ago, and this map should have been destroyed. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:50 P.M. OLD BUSINESS: 8. VARIANCE REQUEST, VAR #03-04, BY TIMOTHY MILLER, TO REDUCE THE FRONT YARD SETBACK, GENERALLY LOCATED AT 591 DOVER STREET N.E. (WARD 3) (TABLED FEBRUARY 24, 2003). Mr. Bolin, Planning Coordinator, stated the petitioner was Timothy Miller, the property owner of 591 Dover. Mr. Miller was seeking two variances that would allow for the reduction of the front yard setback at his residence located at 591 Dover Street. The first variance was to reduce the FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 16 front yard setback from 29 feet to 18.2 feet. This would recognize the existing non-conformity, the existing placement of his home. The second variance request would be to reduce the front yard setback from 29 feet down to 10 feet to accommodate proposed construction of an open covered porch on the west side of his home. He said the Appeals Commission recommended approval of the front yard set back variance to recognize the existing non-conformity. The variance simply recognized the pre-existing condition. Approving the variance would not set a precedent for undeveloped lots in the future. With respect to the second variance request the Appeals Commission recommended denial. No similar variances have been granted in the past, an alternative option did exist, and there did not appear to be undue hardship. Staff recommended concurrence with the Appeals Commission. Mr. Timothy Miller, 591 Dover Street, stated the porch issue was discussed at the Appeals Commission meeting. Councilmember Wolfe asked how he felt about the decision. Mr. Miller said it would have been nice if it was approved. MOTION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Miller stated that he did not think there was anything more he could do to get it approved. He said they mentioned something about changing the address, and he did not want to pursue that option. He would like to leave everything the way it was and get the setbacks taken care of. MOTION by Councilmember Barnett to approve the front yard setback variance request recognizing an existing non-conformity. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. MOTION by Councilmember Barnett to deny the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. NEW BUSINESS: 9. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-1, BY MICHAEL JUAIRE, TO FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 17 REZONE PROPERTY FROM M-1, LIGHT INDUSTRIAL, TO R-3, GENERAL MULTIPLE UNITS, GENERALLY LOCATED AT 1152 NORTON AVENUE N.E.) (WARD 2). MOTION by Councilmember Wolfe to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. 10. PRELIMINARY PLAT REQUEST, PS #03-01, BY MICHAEL JUAIRE, TO REPLAT PROPERTY FOR A TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT 1152 AND 1170 NORTON AVENUE N.E. (WARD 2). MOTION by Councilmember Wolfe to approve Preliminary Plat Request, PS #03-01 with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other e�ternal building materials to be reviewed and approved by City staff prior to issuance of a building permit. 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. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 18 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. 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. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. 10A. ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE AMENDING MEMBERSHIP OF THE PLANNING COMMISSION FROM TWO MEMBERS-AT-LARGE TO THREE MEMBERS-AT-LARGE. MOTION by Councilmember Barnett 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 UNAMIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 19 1 L INFORMAL STATUS REPORTS. Mayor Lund stated he was asked by SACA and the Values First programs to let the audience know about Empty Bowls which is a fundraiser to feed the hungry. It will be held at 4:30 at the Fridley Community Center on March 13. Mayor Lund said BFI would be holding their annual food drive the week of March 24 through 27. Residents can place non-perishable food items, clearly marked, by their recycling. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MARCH 3, 2003, CITY COUNCIL MEETING ADJOURNED AT 10:08 P.M. Respectfully submitted, Denise M. Letendre Scott Lund Recording Secretary Mayor