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01/05/2004 - 00026365CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES JANUARY 5, 2004 The regular meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 24, 2003 APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 17, 2003. RECEIVED. 2. SPECIAL USE PERMIT REQUEST, SP #03-21, BY AT&T WIRELESS AND AMERICAN TOWER, TO ALLOW A TELECOMMUNICATION TOWER IN A M-2, HEAVY INDUSTRIAL ZONING DISTRICT UNDER THE M-2 HEAVY INDUSTRIAL ZONING CODE, SECTION 205.18.1C(3)(7), GENERALLY LOCATED AT 5330 INDUSTRIAL BOULEVARD N.E. (WARD 3). Dr. William Burns, City Manager, stated that the permit was for an existing cell tower and a planned expansion of the tower located at 5330 Industrial Boulevard N.E. The Planning Commission approved the special use permit request at their meeting on December 17. Staff recommended Council's approval with four stipulations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 2 3. MOTION TO AUTHORIZE THE FRIDLEY SENIOR COMPANION PROGRAM TO APPLY FOR CDBG FUNDING FOR THE YEAR 2004-2005. Dr. William Burns, City Manager, said the application was a joint application with the City of Coon Rapids. The amount requested by both communities was around $12,000. Fridley's portion of the request was $6,000. Staff recommended Council's approval. APPROVED. 4. MOTION TO AUTHORIZE THE CITY OF FRIDLEY TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITIES OF ANDOVER, BROOKLYN CENTER, COLUMBIA HEIGHTS, COON RAPIDS AND SPRING LAKE PARK FOR STREET MAINTENANCE WORK. Dr. William Burns, City Manager, said the agreement would provide for the joint bidding of sealcoating, traffic markings, street sweeping and crack sealing. While Fridley could share any benefits from joint bidding, it would not be required to purchase the service unless it was budgeted and approved by Council. The contracts would be administered by Coon Rapids with any reimbursements for the City's portion of the cost being made to them. Staff recommended Council's approval. APPROVED. 5. APPROVE 2004 TRI-CITY GIS JOINT POWERS CONTRACT WITH GIS RANGERS LLC. Dr. William Burns, City Manager, said Fridley had joined with Andover and Columbia Heights to contract for GIS technical services for many years. This joint venture had saved all three cities considerable money over what would have been spent for contracting or hiring individually for this service. Staff recommended Council's approval. APPROVED. 6. RESOLUTION NO. 1-2004 IMPOSING LOAD LIMITS ON PUBLIC STREETS IN THE CITY OF FRIDLEY, MINNESOTA. Dr. William Burns, City Manager, said this was an annual resolution that allowed the imposition of load limits for specific City streets. The restrictions applied to all vehicles having a vehicle weight of 9 tons per axle or greater. The resolution allowed the City to publish the limits in the newspaper and maintain them until the Anoka County Highway Department raised the limits on County roads. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 1-2004. 7. RESOLUTION NO. 2-2004 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 3 Dr. William Burns, City Manager, said staff recommended that Council appoint Wells Fargo Bank Minnesota N.A. as the official depository of Fridley funds in 2004. The recommendation was based on costs and return on our investment of idle cash and on the quality of service provide. Staff recommended Council's approval. ADOPTED RESOLUTION N0. 2-2004. 8. RESOLUTION NO. 3-2004 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2004. Dr. William Burns, City Manager, said staff recommended the designation of the Sun Focus as the official newspaper and the Star Tribune as the second official newspaper for posting legal notices for the City in 2004. ADOPTED RESOLUTION NO. 3-2004. 9. RESOLUTION NO. 4-2004, AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2004 CALENDAR YEAR. Dr. William Burns, City Manager, said in keeping with IRS policy and past practice, staff recommended that the City's mileage reimbursement rate for 2004 be raised from $0.36 per mile to $0.375 per mile. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 4-2004. 10. APPROVE 2004 CITY OF FRIDLEY CITY COUNCIL AND STAFF APPOINTMENTS. Dr. William Burns, City Manager, said the proposed appointments for 2004 were the same as those for 2003. Staff recommended Council's approval. APPROVED THE FOLLOWING 2004 CITY OF FRIDLEY CITY COUNCIL AND STAFF APPOINTMENTS: MAYOR PRO TEM: COUNCILMEMBER BARNETTE ANOKA COUNTY LAW ENFORCEMENT COUNCIL: COUNCILMEMBER BARNETTE, REPRESENTATIVE, AND COUNCILMEMBER WOLFE, ALTERNATE ASSOCIATION OF METROPOLITAN MUNICIPALITIES: MAYOR LUND, DELEGATE, COUNCILMEMBER BOLKCOM, ALTERNATE LEAGUE OF MINNESOTA CITIES: COUNCILMEMBER BILLINGS, REPRESENTATIVE; MAYOR LUND, ALTERNATE FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 4 SCHOOL DISTRICT NO. 13: COUNCILMEMBER BARNETTE, REPRE- SENTATIVE, COUNCILMEMBER BOLKCOM, ALTERNATE SCHOOL DISTRICT NO. 14: COUNCILMEMBER BARNETTE, REPRE- SENTATIVE, COUNCILMEMBER BOLKCOM, ALTERNATE SCHOOL DISTRICT NO. 16: COUNCILMEMBER BILLINGS, REPRE- SENTATIVE, COUNCILMEMBER WOLFE, ALTERNATE NORTHSTAR CORRIDOR DEVELOPMENT AUTHORITY: COUNCILMEMBER BARNETTE, REPRESENTATIVE, COUNCILMEMBER BILLINGS, ALTERNATE NORTH METRO CONVENTION & VISITORS BUREAU: DEBRA A. SKOGEN, CITY CLERK. 11. CLAIMS. APPROVED CLAIM NOS. 114628 THROUGH 114883. 12. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 13. ESTIMATES. Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis, MN 55407 Commons Park Parking Lot Reconstruction, Phase I Project No. 348 FINAL ESTIMATE ......................................................................... $2,834.57 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Dr. William Burns, City Manager, recommended approval of the consent agenda. Councilmember Billings asked staff to correct a typographical error contained in Item No. 10. Councilmember Bolkcom asked that the November 24, 2003, City Council meeting minutes include her request to have the City Manager and the Public Works Director look into how other FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 5 cities conducted sewer inspections and to let Council know what was charged and what the inspections included. Councilmember Bolkcom asked that Item No. 2 be removed to the regular agenda. No one in the audience spoke regarding the consent agenda items. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item No. 2 and with the corrections to the minutes and to Agenda Item No. 10. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 2. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. STATE LEGISLATIVE UPDATE. There were no State legislative members present. OPEN FORUM: There was no response from the audience under this item of business. NEW BUSINESS: 2. SPECIAL USE PERMIT REQUEST, SP #03-21, BY AT&T WIRELESS AND AMERICAN TOWER, TO ALLOW A TELECOMMUNICATION TOWER IN A M-2 HEAVY INDUSTRIAL ZONING DISTRICT UNDER THE M-2 HEAVY INDUSTRIAL ZONING CODE, SECTION 205.18.1.C(3)(7), GENERALLY LOCATED AT 5330 INDUSTRIAL BOULEVARD N.E. (WARD 3). Councilmember Bolkcom asked if they were comfortable with the fencing and the landscaping. She expressed some concerns about the change in name. Mr. Jason Hall, a representative of American Tower who was a contractor for AT&T, said if the landscaping and fencing were recommended, they would do it. The Planning Commission recommended approval of the request with four conditions. He had the necessary information for staff and Council to review. Although the landscape plan was generic, they were willing to work with staff on the species of plantings and the location FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 6 Councilmember Bolkcom said she just wanted to make sure American Tower was willing to work with staff. She asked them to provide a copy of the study that was taken. Mr. Hall said they did not have the actual soil boring tests that were done. They did have the tower manufacturer's drawings that showed the strength of the tower and showed that additional providers could go on the tower. Councilmember Bolkcom said the stipulations said a soil boring and foot analysis needed to be provided. She asked if they were necessary. Mr. Hickok, Community Development Director, said they needed that information and would work with the petitioner. Mayor Lund said if the tower was found not to collapse upon itself as the code required, the building permit would not go forward and they would need to go with some other plan. Mr. Hall said they were able to locate the manufacturer's drawings. The pole that was used was designed to collapse upon itself. MOTION by Councilmember Bolkcom to approve Special Use Permit, SP #03-21, by AT&T Wireless with the following four stipulations: 1. The petitioner to provide the City with a history on this telecommunications tower and when the installation took place; 2. The petitioner to provide the City with structural plans on how the tower will break apart in the event that it would fall over. (Code requires towers to collapse upon themselves rather than tipping in e�treme wind conditions.); 3. The petitioner to provide the City with a soil report and footing analysis indicating that the existing soils and footings can support the tower; and 4. A landscape plan showing how the existing ground control structure will be fenced and screened shall be submitted and approved by the City prior to issuance of a building permit for the new antenna. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 14. CONSIDERATION OF A REZONING REQUEST, ZOA #03-02, BY TOWN CENTER DEVELOPMENT, LLC, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS, TO C-2, GENERAL BUSINESS, M-1, LIGHT INDUSTRIAL, AND C- Rl, GENERAL OFFICE, TO S-2, REDEVELOPMENT DISTRICT, TO ACCOMMODATE REDEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET; 6490, 6400, 6352 AND 6300 CENTRAL AVENUE; AND 1271 EAST MOORE LAKE DRIVE (WARD 2) (CONTINUED DECEMBER 8, 2003 . FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 7 15. CONSIDERATION OF A PRELIMINARY PLAT REQUEST, PS #03-08, BY TOWN CENTER DEVELOPMENT, LLC, TO CREATE TWO SEPARATE LOTS TO ALLOW FOR THE CONSTRUCTION OF A SENIOR HOUSING DEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET AND 6490 CENTRAL AVENUE (WARD 2)(CONTINUED DECEMBER 8, 2003). MOTION by Councilmember Wolfe to reopen the above public hearings. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked if the public hearing on the rezoning request and the preliminary plat request should be opened together. Mayor Lund agreed. Mr. Scott Hickok, Community Development Director, said Town Center Development requested two separate land use actions in order to construct a 55-unit, owner-occupied senior condominium building at 6490 Central Avenue. The plat was being requested to create two new parcels from 1282 Mississippi Street and 6490 Central Avenue and the vacant lots south. The petitioner also requested rezoning for the west side of Central Avenue between Mississippi Street and East Moore Lake Drive. The zoning in the area was mixed. He described the plat and rezoning area. Anoka County stated that a 120 foot right-of-way corridor would be required for Central Avenue and Mississippi Street in order to provide necessary turn lanes for future safety and operational purposes. Roadway dedications for this site were 30 feet adjacent to Mississippi Street and 10 feet adjacent to Central Avenue. The County requested that both of the right-of-ways be dedicated. Mr. Hickok said with respect to traffic analysis, staff used a number of sources to determine the possible impacts a 55-unit, owner-occupied, senior building would have on local traffic patterns. In addition to discussions with Ms. Jane Pemble, Anoka County Traffic Engineering Manager, staff examined the Institute of Traffic Engineer's Trip Generation manual, consulted the transportation chapter of the City's Comprehensive Plan, and reviewed the traffic study supplied by Loucks & Associates. Ms. Pemble indicated that the County had no current plans or allocated funding to reconstruct, provide safety improvements or to signalize the Central Avenue/Mississippi Street intersection. Mr. Hickok said the 4th edition of the Institute of Traffic Engineer's (ITE) Trip Generation manual did not have a specific category for senior residential townhomes. Staff reviewed the traffic generation numbers for residential condominiums which were not age-specific, so the numbers provided included people of all ages and family sizes. The numbers provided by the ITE Trip Generation manual may be viewed as the worse case scenario for the number of trips to be generated by a proposed development. The ITE manual stated that 5.85 trips per day should be expected for residential condominiums. A trip meant any vehicle entering or leaving the complex. The impact of the vehicles on the surrounding roadways was negligible. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 8 Mr. Hickok said staff also used the Transportation Chapter of the Comprehensive Plan to analyze traffic for this development. The Comprehensive Plan indicated that in 2001, the portion of Old Central adjacent to the proposed project carried 8,000 trips per day. At this traffic level, it was carrying 57% of the traffic for which the roadway was designed and constructed to function at a Level of Service D. The Comprehensive Plan anticipated Old Central carrying over 10,000 vehicles per day by the year 2020. At this level, Old Central would be carrying 71% of the maximum amount of the traffic for which the roadway was designed. Mr. Hickok said that Town Center Development hired the engineering planning firm of Loucks & Associates to perform additional traffic analysis. The consultants viewed the numbers for a retirement community in the ITE Trip Generation manual and determined that the proposed complex would generate a total of 165 trips per day, which might be low. The true number of trips per day likely fell between 165 trips per day and 322 trips per day. The Planning Commission held a public hearing on this item on November 5, 2003. The Planning Commission added an additional stipulation requiring the developer to plant additional large trees along the property line and that the developer share the new landscape plan with the neighbors. The new landscape plan was prepared and presented. It included losing some existing trees and planting ten additional evergreens that were 8 to 12 feet in height. Mr. Hickok said that at its November 24, 2003, City Council meeting, Council tabled action on this item for further traffic analysis. Further analysis indicated no impact to the functioning of the roadways or intersections. The developer did meet with the neighbors to address neighborhood concerns. As a result of the meeting, a three-level design was proposed. Mr. Hickok said the petitioner hired Traffic Data, Inc., to prepare a detailed study of the roads and intersections surrounding the project. Under all scenarios, the functioning of the roadways and intersections would not be negatively impacted by the senior development. No signals or roadway improvements would be needed to accommodate traffic from this development. The study numbers were similar to City traffic counts. Staff conducted traffic counts on Pierce Street. The traffic counts were conducted from Monday, December 8, 2003, through Tuesday, December 9, 2003. Anoka County counts indicated that there were 6,500 cars per day on Mississippi Street west of Old Central. On Old Central north of Mississippi Street, there were 9,000 cars per day. Old Central Avenue south of Mississippi Street had 8,260 cars per day. Mr. Hickok said that with respect to the ITE Trip Generation manual, a new ITE manual was published in December, 2003. That information now included a senior adult housing category. For 55 units, it indicated a trip generation of 191 daily trips. The ITE manual was a national survey of developments to determine a realistic average. Mr. Hickok stated that the redesigned site plan was the result of a meeting held at Sandee's Restaurant with surrounding neighbors. The redesigned plan eliminated one of the units, so there were now 54 units and was now three stories instead of four. All of the site specifics worked except that one of the drive-outs on the site was only 20 feet wide. Two-way traffic needed a 25 foot drive-out. There was space to widen that. Staff recommended approval of Rezoning Request, ZOA #03-03 and the accompanying site plan for the senior building with 26 stipulations. The FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 9 proposed rezoning was consistent with the Comprehensive Plan, and it provided housing opportunities for Fridley seniors. Staff recommended approval of Preliminary Plat Request, PS #03-08 with 26 stipulations. Councilmember Bolkcom asked about the different levels of service. Mr. Hickok said the level of service had a gradation scale similar to grading school papers. The letters A through F were gradation for levels of service at intersections. Grade A would be the best. Traffic engineers talked in terms of a.m. and p.m. peak times when they are looking at intersections. If the traffic did not move well during those periods, it would not move well during the mid-day periods. At the point where the level of service got to be unacceptable, alterations needed to be considered at an intersection. The traffic analysis showed there would be no drop in the level of service based on this development. Mr. Jon Haukaas, Public Works Director, said that a big factor in level of service was delay time. Level of Service A was a free-flow condition. Level F had a significant backup. Level B was very good with minor delays, probably at the worst times. Level C might mean six to ten cars at a four- way stop and it was still considered a very acceptable level of service. Councilmember Bolkcom said it only took into account the intersections. It did not include driveways. Mr. Haukaas agreed. Councilmember Bolkcom said asked what the Level of Service was for the intersection of 57th and University Avenues. Mr. Haukaas said that 57th Avenue was at a Level of Service D. Councilmember Wolfe asked what the intersection was at the end of Moore Lake. Mr. Haukaas said he did not know. Councilmember Wolfe said that at one time it was an issue. After the area was redeveloped, it became an F. He said the development was not going to change anything. Councilmember Barnette asked how the new plan affected the underground parking. Mr. Hickok said it broadened the footprint of the building. Initially there were 51 parking spaces below the building and there was an e�terior detached garage that included 4 garage stalls. The new footprint included 64 below ground stalls. It also added storage space in the building. Councilmember Bolkcom asked Mr. Hickok to explain a document Council received regarding the condominiums. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 10 Mr. Hickok said it was a draft document that discussed the rules and guidelines for the proposed residential development. He said he had three copies that were available for review. The document specifically stated who qualified to live in the development. There was a 55 year minimum requirement to qualify for this development. It also addressed another question regarding the ne�t generation of buyers or what would happen if the development was no longer owner-occupied. It allowed a maximum of five percent of the units, or 5 units, to become rental. There was a process, however, that had to be followed. It was their intent to have 90 percent of the units owner-occupied. Councilmember Wolfe said there had been discussions about widening Highway 65 to three lanes and asked how that would affect the traffic flow. Mr. Hickok said part of the planning process by traffic engineers was to determine destinations. The purpose for broadening a highway like Highway 65 was to handle capacity and move the traffic. If there were other destinations off the highway that would draw people away via Mississippi Street, that would be a concern. Broadening the roadway would help the situation and allow people to get from point A to point B quicker. Councilmember Wolfe stated it was said there was virtually no traffic going between the north and south Medtronic developments because they had their own shuttle. Mr. Hickok said when the Medtronic development came to Fridley, one of the things they were asked to do because of the traffic demands that might be generated was to look at alternative modes of transportation. They encouraged staggered start times and a number of different things, including shuttles between their north and south development. MOTION by Councilmember Billings to receive a letter dated January 4, 2004, from Rhonda and Jim Rusinak, 5412 Pierce Street N.E. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Richard Whinnery, Town Center Development; Mr. John Christen, Christen Art Design; and Mr. Mike Stokart, Traffic Data, Inc., introduced themselves. Mr. Whinnery said they met with the residents. During the meeting they discussed the landscaping plan and it was accepted the way it was presented. They lowered the building to three stories and did a traffic study that showed there would be little or no impact by the proposed development. Mr. Christen said the underground parking area had 18 additional spaces. There were 54 units and 72 underground parking stalls and 53 above-ground stalls, for a total of 125 parking stalls. Mr. Stokart mentioned that there was no data available, and that was what they based the study on. There was a specific item that talked about senior adult housing. They also reviewed what would be a worse case scenario, and they felt that would be a large office complex. Under that worse FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 11 case scenario, it would be operating at an acceptable level of service pursuant to traffic engineering guidelines. Councilmember Bolkcom said the problem was not just at the intersections, but with people getting out of their driveways. She asked if anything had been done on that. Mr. Stokart said nothing was done with that because traffic congestion was at major intersections. He thought the traffic impact would not be noticeable. Councilmember Bolkcom said Mr. Whinnery provided addresses for other developments. She went and looked at three and did not think any where similar. Mr. Christen suggested a building in Maple Grove. Ms. Joan Olson, 6320 Van Buren Street N.E., said she did not agree with the information about senior drivers. She said she had kept track and her and her husband generated between 16 to 18 trips per day. The building had no amenities. There was no park, golf course, or swimming pool near by. There was nothing in the area. Traffic on Old Central was congested. There were no breaks in the traffic because there were no stoplights. Ms. Jean Schwartz, 1372 — 64th Avenue N.E., said that according to the S-2 redevelopment district regulations, if this was approved, they would need a special use permit for several 9 foot parking stalls. She said a developer must establish a legitimate reason for rezoning. The City was under no obligation to rezone. If the area was zoned S-2, it would make it very easy for a developer to build. It bothered her that the Planning Department suggested that land beyond the project be rezoned. Since the names on the plans seemed to be City staff, she thought it was obvious who really developed the City's Comprehensive Plan. Since there was high attendance at Council meetings where high density housing was an issue, it should be clear where the residents actually stand. The Comprehensive Plan called for multi-family residential housing to decrease from 1999 to 2020. Some cities have gone against the Met Council in favor of the residents' opinions. She asked what was more important, the Met Council's opinion or the concerns of their constituents. With the rezoning to S-2 going beyond the project, they would be setting a precedent. That land will be rezoned for multiple dwellings and for redevelopment. Ms. Pam Reynolds, 1241 Norton Avenue N.E. Said that after the redevelopment on Norton Avenue, the Comprehensive Plan was something she looked at daily. The Comprehensive Plan talked about change of character within a neighborhood. The Comprehensive Plan also said that the developer must make it clear that the project would benefit the neighborhood. Members of the neighborhood had been at meetings saying they did not want the project. Once the zoning was changed, they could do whatever they wanted. The Comprehensive Plan said the developer was the one who had to prove that the zoning was necessary and he did not prove that. The demographics regarding senior citizens in Fridley, the State of Minnesota and in all of the 188 cities encompassed by the Metropolitan Council did not prove the need for this kind of project. If the zoning was changed to S-2, the character of the neighborhood would change, and the Comprehensive Plan said that they should avoid changing the character of the neighborhood. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 12 Ms. Cindy Mabel, 1214 Norton Avenue N.E., said she traveled on Old Central every day. She said it was already busy. She said they needed to think about how society was changing. She did not think City staff was working for the residents. There were other areas that were better suited. She asked if it was the will of the people or the will of the Metropolitan Council. They did not want the project and did not think that Central Avenue could handle the traffic. Mr. Gary Brown said his family owned the subject property for over 20 years. The property had been zoned commercial since about 1957-58. They felt that developing the land into a senior facility was a good mix for the neighborhood. Central Avenue did carry a lot of traffic during rush hour, so did a lot of roads. Concern was expressed when the Credit Union was built, when the Fire Department was built, and when the athletic club was built. That was progress. The City needed to grow and change. They needed to make a decision if they wanted to have senior housing in Fridley. It was time to develop the property and this was a quality project. Councilmember Barnette asked if City staff coerced or encouraged them to sell their property. Mr. Brown said they did not. Mr. Kurt Olson, 1385 — 64th Avenue N.E., said the developer who was looking at developing on the east side of Old Central told him that someone from City planning, told him to talk to all the neighbors because there was an alley easement and see if they were willing to sell their properties. Councilmember Barnette said they were talking about the current project. Mr. Olson said someone may have gotten that idea from what he was told. He did not like the idea of the S-2 zoning for the whole block If something was going to go there, he would rather have it be seniors than anything else. At the last meeting they said there would not be any rental units. Now, they were saying 5 percent or 5 units. If it was passed, he would like there to be no rental. There should also be a stipulation that when they planted the trees, if the trees died within two or three years, the development or the developer had to take care of the problem. Mr. Mark Schwartz, 1372 — 64th Avenue N.E., asked why the rest of the block was rezoned. Mayor Lund said it was necessary because if not, it would be considered be spot zoning. Mr. Schwartz said he did not understand that. Ms. Andrea Olson, 1385 — 64th Avenue N.E., said it did not seem necessary to rezone the area that was not part of the project. By opening up S-2 zoning, they would be leaving themselves with less ground to manage what someone might do with the property. She appreciated that the developer brought the building down to a lower level. It would have less of an impact. That did not mean it was right for the neighborhood. It was a residential area. Councilmember Bolkcom said that the way it was zoned now, they could put something much bigger there and there would be nothing they could do about it. The way it was zoned now, they could ask for a building permit, and as long as it fit into the footprint, they could put something in. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 13 Ms. Olson said it was not only creating a precedent for the neighborhood but for the entire city. Traffic in the area was crazy. Mr. Hickok said the first speaker talked about the data on the number of trips generated. That was one of the reasons several sources were used. Seniors are getting more active. They do not want to be tied down to yard work, snow plowing and shoveling. Someone mentioned 9-foot parking stalls in the site plan. Staff was very careful to go through the site plan. The information they have been provided was that the parking was going to be adequate and the stall dimension proper. Mr. Hickok said there was discussion about the Comprehensive Plan and spot zoning. With respect to the Comprehensive Plan, anyone who was at the meetings had an opportunity to speak and be involved in the process. He was encouraged by the amount of interest in the Comprehensive Plan, and he thought they should be interested in it. It was important to understand that beyond the people who were passionate about this issue, there were other voices who put words into the Comprehensive Plan about what people needed. One of the things that was clearly described and articulated by discussions at the Comprehensive Plan meetings was senior housing and the opportunity it would provide seniors to say in the community. Mr. Hickok said a question was brought up about rental units. It appeared that the project would allow up to 10 percent or up to 5 units. That would be governed by the body of the association. There was a question about trees and landscaping. Trees when planted as part of a master plan development needed to live. They were very specific about trees in the landscape plan. The zoning was consistent with standard zoning practices used in the past. Mr. Hickok said there was a concern about the development across the street and City staff sending someone out to buy property. A gentleman came in and was interested in rezoning the north end of the block Staff asked him to look at the history across the street and the discussions that had taken place. It was explained to him how spot zoning worked and what the standard practices had been and what would be a proper zoning request. They had not received a formal development proposal. Councilmember Bolkcom asked if parking stalls were normally 9 feet wide. Mr. Hickok said in residential projects it was not uncommon to see a 9-foot parking stall. The City did have the discretion to approve a master plan with 9-foot stalls. In a S-2 district, they could approve the plan at it was. He said the 9-foot stalls did not raise a concern at this point. Turn-over was an issue, and turn-over in a senior complex like this was proven to be low. Councilmember Bolkcom asked about spot zoning. Mr. Hickok said there would be different opinions about what was and was not spot zoning, so what they relied on was the standard practices of the City and what the City had done historically in making determinations about what was and was not an appropriate zoning demarcation. Half the block was not an appropriate point to stop when looking at the Comprehensive Plan. It would only accomplish half of what was set out in the Comprehensive Plan. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 14 Councilmember Bolkcom said she did not understand it. It was only helping one developer. Mr. Hickok said that bigger than the one developer was what the City had said it wanted to do on this segment of roadway. The guide plan of the Comprehensive Plan said that if and when the area was developed, the City envisioned it would go from East Moore Lake Drive to Mississippi from Old Central to mid-block. When someone came in and asked for half of it, we said sorry, they needed to get the other folks on the block involved. If the other property owners said no, the developer would have had a dilemma. What was requested was consistent with the guide plan. That was the bigger picture. It was what the City said it wanted. Councilmember Bolkcom asked why the zoning for someone who was already there needed to be changed. Nothing was going to be done with the other two properties. She asked why they were included. If they made it S-2, many things could be done. Mayor Lund asked the City Attorney if it was a legal requirement to rezone the entire block and if it could be separated. Attorney Fritz Knaak, City Attorney, said the idea behind spot zoning was you were not supposed to be taking and rezoning on a case-by-case, development-by-development basis. They were supposed to base their decision on not only the needs of a particular development but the needs of the City. If there was a block where a development may need or want a certain kind of zoning, they were actually obligated to look at the remaining block and the areas surrounding that to determine if additional rezoning was necessary as part of the process. When Courts reviewed these decisions, one of the things they looked at was boundaries and whether they were rational. In order to protect the needs of the City, they needed to look beyond the single site for redevelopment and determine, based on the Comprehensive Plan, whether it made sense to e�tend the zoning beyond what was being requested. Mr. Hickok said someone in the audience said the developer must prove there was a need. The developer did a housing study to determine the demographics for the area, what the market demand was for senior housing, and what the market would bear in terms of price for the units. They used a reputable firm to conduct the survey. The response proved that not only was there a demand here but the units were in a healthy price range. MOTION by Councilmember Wolfe to close the public hearing on Rezoning Request, ZOA #03- 02 and Preliminary Plat Request, PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. CONSIDERATION OF A REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES, TO REZONE MULTIPLE PROPERTIES FROM R-2, TWO FAMILY UNITS, TO R-3, GENERAL MULTIPLE UNITS, GENERALLY LOCATED AT 351 — 74TH AVENUE, 361 — 74TH AVENUE, 371 — 74TH AVENUE, 389 — 74TH AVENUE, 415 — 75TH AVENUE, 7400 LYRIC LANE, 350 — 75TH AVENUE, 460 — 75TH AVENUE, 450 — 75TH AVENUE AND 476 — 75TH AVENUE (WARD 1). FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 15 MOTION by Councilmember Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Scott Hickok, Community Development Director, said this was a rezoning request by Rolland Stinski. He was the owner of 450 and 476 75th Avenue. He would like to rezone the properties located at 351 — 74th Avenue, 361 — 74th Avenue, 371 — 74th Avenue, 389 — 74th Avenue, 415 — 75tn Avenue, 7400 Lyric Lane, 350 — 75th Avenue, 460 — 75th Avenue, 450 — 75th Avenue and 476 — 75th Avenue from R-1, Single Family, and R-2, Two Family to R-3, General Multiple Units. The Petitioner contacted all of the property owners regarding the rezoning request and obtained signatures from all of them. There was a church located in the area, but it could exist in a R-1 or R-3 district. The R-2 zoned properties were made up of multi-family units ranging from 4 units to 11 units. The properties were considered existing non-conforming uses. The City Code stated that a non-conforming use could exist and could be updated provided the necessary repairs did not constitute more than 50 percent of the fair market value of such structure. The code also stated that if the non-conforming structure was damaged by fire, flood, explosion, earthquake, tornado, riot or act of God, it may be reconstructed as before, if it was reconstructed within 12 months, unless the damage of the building or structure was 50 percent or more of its fair market value. In no case could a non-conforming use be expanded. Mr. Hickok said in 1955, the zoning ordinance was adopted that added the R-3, Multi-Family, zoning district. Multi-family was still a permitted use in the R-2 district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964 dividing the permitted uses of the R-2 zoning district. The division did not allow multi-family uses in the R-2 zoning district, and made the existing multi-family buildings in the R-2 district pre-existing and non-conforming. Last summer, petitioner applied for a building permit to tear down the existing garages and to build new ones. Since the property was non-conforming, a building permit could not be issued. Staff suggested that the best way to resolve the non-conforming issue would be to rezone the property to R-3. To accomplish a successful rezoning, the entire block between 74tn Avenue, 75th Avenue, University Avenue and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units in the City that are zoned R-2, Two Family, and are used to house multi-family buildings. Staff asked Council and the commission members on the 2001 council/commission survey if they would like staff to initiate a rezoning process for all of the properties. The results of the survey indicated that Council preferred to evaluate each of the properties on a case-by-case basis. The law gave the City the authority to rezone property from one designation to another, as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan's current land use map and 2020 future land use map designated this area as a multi-family area. Rezoning these properties from R-2, Two Family, to R-3, Multi- Family, was consistent with the Comprehensive Plan and would promote preservation and rehabilitation of the existing multi-family buildings. Mr. Hickok said the Planning Commission considered this request and recommended approval. Staff recommended Council's approval of this request. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 16 Councilmember Billings asked about Outlot #1 near 460 — 75th Avenue and if it was owned by the church. Mr. Hickok said it was. Councilmember Billings said in the ordinance the legal description did not include Outlot #1. He asked if it should be included in the legal description. Mr. Hickok said it should be. Councilmember Billings asked the City Attorney how the ordinance should be changed. Attorney Fritz Knaak, City Attorney, said the better solution would be the shorter one. They could move to strike and amend. Councilmember Billings asked what the zoning was on Lot 11. Mr. Hickok said currently, it was R-3, Multi-Family. Councilmember Billings asked if they could describe the entire tract as all of Block 1, Melody Manor Addition. Mr. Hickok said they could. Councilmember Billings said the short version would be to designate all of Block 1, Melody Manor Addition as R-3. Mayor Lund asked if 460 - 75th Avenue would have to be listed as an exception. Councilmember Billings said 460 — 75th Avenue would be included. Councilmember Bolkcom asked if all of the owners signed the agreement. Mr. Hickok said they did. Councilmember Bolkcom asked if someone could tear down what was there and build something bigger. Mr. Hickok said there was a relationship between the amount of building you could put on a site and the square foot dimension. In a multi-family development, 2,500 square feet of land per one unit was needed. Parking would also have to be included. Each lot was individually owned and in order to build something bigger, they would have to meet the current R-3 standards. Parcels would need to be consolidated. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17. 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 #03-02, BY TOWN CENTER DEVELOPMENT (WARD 2). MOTION by Councilmember Wolfe to waive the reading and deny the ordinance on first reading. Seconded by Councilmember Barnette. Councilmember Barnette said he would like to make a few comments on this issue. About a year ago, there was another rezoning issue and there were problems. He wanted to make sure with this rezoning that the bases were covered. He attended the Planning Commission meetings, the Council meetings, and the neighborhood meeting that was held by the developer on this matter. There were many arguments and most were against the proposal. One comment that was made by a resident was that so often they felt these issues were a done deal before they ever started. That was not true. Another comment made was that it would bring commotion to the neighborhood and they wanted the neighborhood to stay the way it was. People said this was going to set a precedent. A person who lived near the site mentioned that because of the height of the building, they would have to look at the lights from the building. Traffic concerns were expressed. Councilmember Barnette said when he was in high school he wrote a book report on a book by Ernest Hemingway, "For Whom the Bell Tolls." When it came back from the teacher, one of the comments was "Do you know where the title of that book came from?" He found out the title came from a English philosopher by the name of John Dunn. Councilmember Barnette said people asked him over and over again, if he would want this in his back yard. He said he and his wife had lived in Fridley since 1958. His first house was on Jackson Street. When he built the house in 1961, Jackson Street was a dirt road and did not go all the way through. The City blacktopped the road and brought more traffic by his house. In the 1960's he moved to a house by Columbia Arena on a very quiet street. In 1967, the City built the City garage about one block from his house. Every single vehicle from the City went in and out of there. The tornado hit in 1965, but another major thing that was happening in Fridley at that time was University Avenue was widened to four lanes, which created a lot more traffic. So much so, that his neighborhood became very busy. He went around his neighborhood with a petition to ask the State to put a semaphore in so they could get out of their neighborhood. The State said it did not meet the criteria but that they would pay for part of it. The State paid for 50%, the County 25% and the residents on either side of 69th Avenue paid the other 25% out of property taxes. In 1975, the County of Anoka decided it would be nice to build an ice arena in that area. The traffic for the arena went right by his intersection and it became harder and harder to get out of there. In 1983, the City built a state of the art softball complex on 40 acres of land across from Columbia Arena. Some of the neighbors in that area said if they built there, they would move. The City built the complex. This last summer he was watching some softball games during the `49er Days FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 18 tournament and the same neighbors were there. One neighbor told him he was watching his grandchildren play and thought it was great that he could walk over to the park In the 1980s, Woodcrest Baptist Church started a school. They also decided that they wanted a gymnasium in the lower part by the creek near the backyard of two of his neighbors. His neighbors told him that if they let them build that they would have to move. Did the gymnasium help the school and the kids? Yes. Those two neighbors are still there and are good friends of his. In 1987, the City decided that they wanted a City soccer field. They said a good place for the soccer field was in Locke Park The soccer program runs all summer long. People should park in Columbia Arena, but they do not. They park along the street. Northco Industrial Park also used the service road. The U. S. post office warehouse was there and trucks go out in the morning and return in the afternoon. Councilmember Barnette said we are part of a city. He received a telephone call on this particular project from someone who lived in Heather Hills. This person did not realize the problems the builder had when building the homes in that area because some of the neighbors did not want them there. He said "not in my backyard" did not cut it. We are part of a bigger thing. Our neighborhoods are not islands unto themselves. They are part of a city. Things do change. We are a changing community. We are in a redevelopment mode. The Comprehensive Plan was mentioned. He did not think it was cast in stone. It was used though. Another area that was redeveloped was the area of Totino High School. It created traffic. Was it a good, positive thing for the community? Yes it was. Traffic patterns did change. Buildings and development changed. That was all part of a developing community. We did have to make some decisions and not everything had to be approved. It was a positive project. Was it the best thing that could go in there? He could not answer that. We do know that if it was not rezoned, other things could go there. People have said to leave it alone. The word was out that the property was for sale. Somebody would develop that property. He listened to what people have said. He was not saying that he knew what was best. He believed Council was charged with making decisions. We had a representative government, and the residents did not get to vote on every issue. They elected Council to do that. They were charged on making the best decisions they could on the best information they could with the best resources they could. He said he would recommend City staff to anyone. Councilmember Bolkcom said Council did listen to what the residents had to say. They continued the public hearing because there were traffic concerns. As a City Council, they needed to look at what they were going to do. There was a fair amount of traffic on Old Central. They needed to work with the County and County Commissioner Jim Kordiak to see if there was anything they could do to move traffic in that area. The developer made the build one story lower. They looked at parking and made some changes. Someone could build something else on that property. She had a concern about the whole block being rezoned, but they did have an opportunity to watch the other area. Councilmember Billings thanked the neighbors for being involved in the process. Some significant changes were made to the project as a result. People were heard. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 19 Councilmember Wolfe said over the last six months, they have heard clearly from the residents that the Comprehensive Plan was not very good. He could not support the project because he has seen the traffic and believed the neighborhood made their wishes very clear. Mayor Lund said it would be good for seniors. The S-2 rezoning allowed some latitude and greater use of restrictions. It was appropriate for the block. He did not feel tied to the Met Council for this specific request, beyond the legally-required minimums. The developer had been considerate. The building was lowered one story. The request was not staff-driven. Staff was equally helpful to developers and residents by being courteous and providing information. There was a small number of the units that could be rented, but that was very common. After considering the request, he would vote to approve the request. Mr. Hickok asked if they could specify in their motion whether approval was based on the three- level or four-level master plan. UPON A VOICE VOTE, COUNCILMEMBER WOLFE VOTING AYE AND MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED ON A 1 TO 4 VOTE. MOTION by Councilmember Barnette to waive the reading and approve the ordinance on first reading with the following stipulations: 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. E�terior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 20 10. Petitioner to obtain a permit from Anoka County for any work done within the County right-of- way. 11. Restoration of bike path along Central will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES permit and provide N URP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. 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. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 21 26. All drive aisles to be used for 2-way traffic shall be 25' width. It will also include the master plan which included three stories and 54 units. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. Mayor Lund asked if the preliminary plat request needed to be approved. Mr. Hickok said a motion to approve the preliminary plat was required. Councilmember Billings asked if they needed to officially amend the agenda to include the legislation. Attorney Knaak said they did. MOTION by Councilmember Billings to amend the agenda to include under New Business, Item No. 17A, Consideration of a Preliminary Plat Request, PS #03-08. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17A. PRELIMINARY PLAT REQUEST, PS #03-08, BY TOWN CENTER DEVELOPMENT, LLC, TO CREATE TWO SEPARATE LOTS TO ALLOW FOR THE CONSTRUCTION OF A SENIOR HOUSING DEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET AND 6490 CENTRAL AVENUE (WARD 2). MOTION by Councilmember Bolkcom to approve Preliminary Plat Request, PS #03-08, by Town Center Development, LLC. Seconded by Councilmember Billings. Mayor Lund asked if the stipulations needed to be included. Mr. Scott Hickok, Community Development Director, said they did. MOTION by Councilmember Bolkcom to amend the main motion to include the following stipulations: 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering firm. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 22 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. E�terior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the County right-of- way. 11. Restoration of bike path along Central will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES permit and provide N URP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 23 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. 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. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26. All drive aisles to be used for 2-way traffic shall be 25' in width. Seconded by Councilmember Billings. UPON A VOICE VOTE ON THE MOTION TO AMEND, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. UPON A VOICE VOTE ON THE MAIN MOTION AS AMENDED, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 18. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICT (REZONING REQUEST, ZOA #03-04, BY RAS PROPERTIES)(WARD � MOTION by Councilmember Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. FRIDLEY CITY COUNCIL MEETING MINUTES OF JANUARY 5, 2004 PAGE 24 MOTION by Councilmember Billings to amend the first reading of the ordinance and change the ordinance as follows: Under Section 2, strike certain language starting at "351 — 74th Avenue: Lot 10, Block 1, Melody Manor Addition" and ending with "350 — 75th Avenue: Lot 12" leaving the words `Block 1, Melody Manor Addition." Strike "460 — 75th Avenue:" Strike "450 — 75tn Avenue: Lot 1, Block 1, Melody Manor Addition; and 476 — 75th Avenue: Lot 2, Block 1, Melody Manor Addition." Add "All of' before the phrase `Block 1, Melody Manor Addition." Add `; and" after `Block 1, Melody Manor Addition." Seconded by Councilmember Wolfe. UPON A VOICE VOTE ON THE MOTION TO AMEND, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION AS AMENDED, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMATION STATUS REPORTS. Mr. William Burns, City Manager, said he would like to meet with Council after the meeting to discuss pending litigation. ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Secretary ������ Scott J. Lund Mayor