Loading...
07/26/2004 - 00026565CITY OF FRIDLEY CITY COUNCIL MEETING J U LY 26, 2004 The regular meeting of the Fridley City Council was called to order by Councilmember Barnette at 7:30 p. m. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Barnette led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, and Councilmember Bolkcom. MEMBERS ABSENT: Councilmember Wolfe. OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Fritz Knaak, City Attorney Rebecca Brazys, Recording Secretary Barbara Warren, Values First Myra Harris, Fridley Police Department Pete Eisenzimmer, 6535 Oakley Drive N.E. Tim Byrne, 6053 Woody Lane N.E. PRESENTATION OF VALUES FIRST 2004 COMMUNITY RECOGNITION AWARDS: Barbara Warren, Values First, presented community recognition awards to volunteers from Target--Fridley Distribution Center (business) and the Fridley United Methodist Church Group (community organization). PROCLAMATION: Mayor Lund read a proclamation declaring Tuesday, August 3, 2004, as National Night Out. Myra Harris, Public Safety Projects Coordinator, accepted the proclamation and reviewed activities scheduled for National Night Out. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 12, 2004. APPROVED FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 2 of 9 NEW BUSINESS: 1. Resolution Approving a Plat, PS #04-03, Fifth Street Townhomes, by Gerald Windschitl, Tradition Homes, Inc., for the Purpose of Constructing a Four- Unit Town Home Development, Generally Located at 5541 Fifth Street N.E. (Ward 1). Dr. Burns, City Manager, stated on May 5, 2004, the Planning Commission considered Plat Request, PS #04-03, to replat the property located at 5541 Fifth Street to allow for the construction of a four-unit town home development. City staff and the Planning Commission recommend approval of plat request, PS #04-03, with 11 stipulations. ADOPTED RESOLUTION NO. 2004-37, WITH THE FOLLOWING ELEVEN STIPULATIONS: 1. THE FINAL LANDSCAPE PLAN SHALL MEET CODE REQUIREMENTS FOR NUMBER OF AND SIZE OF PLANTINGS AND BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 2. ALL LANDSCAPED AREAS SHALL HAVE IRRIGATION INSTALLED; 3. BRICK ON BUILDING ELEVATIONS SHALL BE EXTENDED UP TO THE BANDING ELEMENT ABOVE THE GARAGES (SHOWN ON SUBMITTED ELEVATIONS); 4. A GRADING AND DRAINAGE PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 5. A UTILITY PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 6. INDIVIDUAL SERVICES WILL BE REQUIRED FOR EACH UNIT; 7. PETITIONER SHALL PROVIDE EASEMENTS AS SHOWN ON PRELIMINARY PLAT; 8. THE PETITIONER SHALL PAY APPLICABLE PARK DEDICATION FEE OF $1, 500 PER UNIT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 9. THE PETITIONER SHALL PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED OR REMOVED; 10. ASSOCIATION DOCUMENTS TO BE FILED WITH FINAL PLAT; AND 11. 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. 2. Approve Development Agreement between the City of Fridley and Gerald C. Windschitl of Tradition Homes, Inc. for the Property Generally Located at 5541 Fifth Street N.E. (Ward 1). Dr. Burns, City Manager, stated staff and the Planning Commission recommend approval of Plat Request, PS #04-03, with 11 stipulations. At the May 24, 2004, City Council meeting the preliminary plat was approved with 11 stipulations. To be consistent in the plat process, a development agreement has been prepared. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 3 of 9 Staff recommends approval of the development agreement with eleven stipulations. APPROVED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND GERALD C. WINDSCHITL OF TRADITION HOMES, INC., WITH THE FOLLOWING ELEVEN STIPULATIONS: 1. THE FINAL LANDSCAPE PLAN SHALL MEET CODE REQUIREMENTS FOR NUMBER OF AND SIZE OF PLANTINGS AND BE REVIEWED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 2. ALL LANDSCAPED AREAS SHALL HAVE IRRIGATION INSTALLED; 3. BRICK ON BUILDING ELEVATIONS SHALL BE EXTENDED UP TO THE BANDING ELEMENT ABOVE THE GARAGES (SHOWN ON SUBMITTED ELEVATIONS); 4. A GRADING AND DRAINAGE PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 5. A UTILITY PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY'S ENGINEERING STAFF PRIOR TO ISSUANCE OF A BUILDING PERMIT; 6. INDIVIDUAL SERVICES WILL BE REQUIRED FOR EACH UNIT; 7. PETITIONER SHALL PROVIDE EASEMENTS AS SHOWN ON PRELIMINARY PLAT; 8. THE PETITIONER SHALL PAY APPLICABLE PARK DEDICATION FEE OF $1, 500 PER UNIT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 9. THE PETITIONER SHALL PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED OR REMOVED; 10. ASSOCIATION DOCUMENTS TO BE FILED WITH FINAL PLAT; AND 11. 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. 3. Approve Preliminary Plat Extension Request, PS #03-18, by Town Center Development for the Properties Located at 1282 Mississippi Street and 6490 Central Avenue NE (Ward 2). Dr. Burns, City Manager, stated Town Center Development received preliminary plat approval from the City Council on January 5, 2004, for the properties located at 1282 Mississippi Street and 6490 Central Avenue. At this time, the developers are in the process of resolving some title and land issues that have caused them to not be able to close on the property. On July 6, 2004, staff received a letter from Richard Whinnery, of Town Center Development, LLC, requesting a six- month extension to file the final plat to allow additional time to resolve the issues. Staff recommends approval of the six-month extension to January 5, 2005. REMOVED FROM CONSENT AGENDA AND MOVED TO NEW BUSINESS FOR DISCUSSION. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 4 of 9 4. Ratification of Actions and Reauthorization to Execute City of Fridley and School District No. 14 Land Swap Documents. Dr. Burns, City Manager, stated the purpose of this action is first to ratify or reconfirm all previous actions of the City with regard to Vineland Park Plat and the land swap with certain easements granted to each of the parties, the City of Fridley and School District No. 14. The second part of this action reauthorizes staff to finalize the documents by collecting all pertinent signatures and filing said documents with Anoka County. The preliminary Vineland Park Plat was approved in 1996 and the final plat was approved and filed in 2002. Tonight's action completes the land swap between the City of Fridley and School District 14 that was started in 1996, reaffirms all previous actions, and authorizes staff to execute quit-claim deeds, well certificates and easements associated with the land swap. The new plat recognizes existing land uses by the City and School District No. 14 and eliminates confusion created by the existence of City and district buildings and facilities on property owned by the other entity. Staff recommends Council's approval. APPROVED. 5. Approve School Resource Officer Service Agreement between the City of Fridley and School District No. 14. Dr. Burns, City Manager, stated the City has been providing school resource officers for the Fridley Middle School and High School since 1994. Until now, all of the costs for salary and benefits have been borne by the City. The agreement establishes district responsibility for half of the salary and fringe benefit costs during the nine months that school is in session. The officers will serve at the direction of the Fridley Public Safety Director and will be a resource in both schools for faculty and administration. The agreement runs through the last day of the current school year and is subject to renewal on an annual basis. Staff recommends Council's approval. APPROVED. 6. Claims. APPROVED CLAIM NOS. 117412 THROUGH 117565. 7. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom requested that Item 3 be removed from the consent agenda. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 5 of 9 MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to approve the proposed Consent Agenda with the removal of Item 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to adopt the agenda with the addition of Item 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Pete Eisenzimmer, 6535 Oakley Drive N.E., questioned why Council approved the Charter Amendment regarding utility rates rather than putting it on the ballot. He also objected to a newspaper article that did not disclose the rate increase in 2004 for utilities. He said he will be requesting signatures from Fridley residents to put this matter on the ballot for the upcoming election. He also recommended the City cut down costs by reducing the recycling pick-ups to twice a month rather than four times a month. Councilmember Billings explained that the recycling contract is up for renewal and the frequency of pick-ups will be examined. The reason for weekly pick-ups originally was that Anoka County mandated a certain amount of recyclables the City must collect each year. It was deemed, based on performances around the metropolitan area, that an every week collection made it possible to gather more products. By having a regular weekly pickup schedule, it makes it easier for residents to know when the recycling day was, and the City was able to generate more recycled goods. He stated the difference in cost between weekly and bi-weekly collections was minimal. Dr. Burns, City Manager, added if the City does not meet the tonnage goals for recyclable materials, it loses out on SCORE funds, which are a significant portion of the funding for the recycling program. Councilmember Billings stated the recycling program will be discussed at the August 9 Council meeting. Mr. Eisenzimmer asked why the City's published budget information is difficult to read. Councilmember Billings explained the City uses the format required by the state. Dan Garcia asked if there was an update on the loud noise complaints from car stereos. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 6 of 9 Dr. Burns said he spoke with the Public Safety Director and asked that the police do some surveillance on and around Mississippi Street. He said there was an ordinance prohibiting noise from vehicles being heard more than 75 feet from the vehicle. Tim Byrne, 6053 Woody Lane N.E., presented a copy of a letter he submitted to the Sun Focus regarding the Islamic Center's expansion plans. Councilmember Billings asked Mr. Hickok if the Islamic Center had submitted an application to the city. Mr. Hickok stated no application had been submitted. Mr. Byrne stated the people in his neighborhood are concerned about any new development and specifically parking, ponding, and privacy issues related to new development. He asked if parking restrictions are set in stone and if they were negotiable. Councilmember Billings explained that each zoning district and each use has a specified parking ratio. Under certain circumstances, the required parking is negotiable because some developments have multiple uses. Mr. Byrne asked if the actual location of the parking lot was negotiable. Councilmember Billings replied that the physical location of the parking lot has more to do with the setbacks from the property lines and where the property owner wants to have the parking lot on the site. Mr. Byrne asked if there will be an opportunity for residents to meet with staff. Councilmember Billings stated there will be two opportunities; a public hearing before the Planning Commission and again before the Council. State law does not allow the City to require a developer to come in for any more meetings. Mr. Byrne explained that residents are concerned that there will be little or no notice prior to the hearings and that they will have insufficient time to review the proposal and suggest specific stipulations to address their concerns. Councilmember Billings stated if anyone has concerns they are welcome to send those concerns to the Community Development Department. There are certain rules and regulations set forth in the State statutes. Council cannot be arbitrary and capricious and cannot hold one property owner to a higher standard than they hold all other property owners. Councilmember Bolkcom said when a developer has a project, Council's goal is to have that developer work with the neighborhood. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 7 of 9 Mr. Byrne asked if storm water containment ponds had man-made features or if they could be lowland. Mr. Hickok stated it could be one or the other or both depending upon the development. If there was a natural feature such as a lowland, and it did not have any restrictions that kept it from being a storm pond, it could be. If Mr. Byrne is asking specifically if the existing wetland north of the school is eligible to become a storm ponding area for the school, it is possible, but a hydrologist or civil engineer would be required to do a study and prove that this meets the requirements while not conflicting with State law. Mr. Byrne stated the neighbors are concerned that any changes in that area could cause flooding in their yards. Mayor Lund explained that developers are required to hire a registered engineer to do those calculations. They must contain storm water run-off for a ten-year and a one hundred-year flood on their property. Mr. Hickok said once an application was accepted, staff has ten days to let the developer know whether or not the application was complete. Before the Planning Commission meeting there are two published notices at least ten days before the scheduled hearing. Notices are also sent to property owners within 350 feet of the perimeter of the project at least ten days before the meeting. Residents frequently stop in to discuss a proposed development with City staff or call with questions and offer feedback. Mr. Byrne said the neighbors want some education prior to the hearing. Councilmember Bolkcom commented that there would be nothing wrong with staff suggesting to the Islamic Center when an application is filed that they meet with the neighbors before the Planning Commission meeting. Councilmember Barnette asked if staff sent out notices beyond the 350 feet. He asked if staff could request the sign-in sheet from the neighborhood meeting held by the Islamic Center. Mr. Hickok said they have done that. The City has a very organized process and staff could not always judge what was going to be controversial and what was not. He stressed that when residents have questions or concerns, they need to contact staff or the developer. Councilmember Bolkcom commented that these types of issues will be addressed in the educational meetings, the first one to be held August 19. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 8 of 9 NEW BUSINESS: 3. Approve Preliminary Plat Extension Request, PS #03-18, by Town Center Development for the Properties Located at 1282 Mississippi Street and 6490 Central Avenue NE (Ward 2). Councilmember Bolkcom said she wanted to make sure residents understand that the plat extension is being requested to work out title issues. No changes have been made to the building or to the elevations. Mr. Hickok replied the architectural plans were prepared in accordance with the requirements. They are simply waiting for title issues to be resolved. They hope to be in the ground yet this fall. Councilmember Bolkcom asked if the neighbors can be notified when the final plat is being presented to Council for approval. Mr. Hickok stated staff will republish the notice for the meeting. Although it is not typical to hold a second hearing, there has been enough time in between that staff would like to give residents an opportunity to know that the final plat is being presented. It is his understanding that the final plat will not look any different than the preliminary plat and it coincides with the Master Plan. Councilmember Bolkcom stated if there were any changes in the final plat, those changes would be discussed at that meeting. Mr. Hickok stated if there were significant changes, they would need to be reviewed, but to his knowledge, they are ready to submit the plans as they have been approved. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve Preliminary Plat Extension, PS #03-18, by Town Center Development. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informal Status Report: Councilmember Bolkcom stated she has some questions about the minutes from the Environmental Quality and Energy Commission meeting. She would like additional information available at the August 9 City Council meeting regarding the recycling contract. FRIDLEY CITY COUNCIL MEETING, JULY 26, 2004 Paqe 9 of 9 ADJOURNMENT MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to adjourn. UPON AVOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:30 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor