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CCM 09/09/2013 CITY COUNCIL MEETING CITY OF FRIDLEY SEPTEMBER 9, 2013 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:05 p.m. ROLL CALL : MEMBERS PRESENT : Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Bolkcom MEMBERS ABSENT: Councilmember Varichak OTHERS PRESENT : Wally Wysopal, City Manager Scott Hickok, Community Development Director Darcy Erickson, City Attorney Danielle Caylor, 9573 North Shore Trail, Forest Lake PROCLAMATION: Constitution Week (September 17-23, 2013) APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES : 1.City Council Meeting of August 26, 2013 APPROVED. NEW BUSINESS : 2.First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley. WAIVE THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 3.Receive the Minutes from the Planning Commission Meeting of August 21, 2013. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 2 Councilmember Saefke referred to pages 20 and 21, Stipulation No. 6 on both pages. The word “watershed” is misspelled. RECEIVED. 4.Special Use Permit Request, SP #13-08, by Incertec, Inc., to Allow Limited Outdoor rd Storage, Generally Located at 160 – 83 Avenue N.E. and Resolution Approving Special Use Permit, SP #13-08, for Incertec, on Behalf of Brenny Enterprises, LLC, the Property Owner, for the Property Located at 160 – rd 83 Avenue N.E. (Ward 3). APPROVED SPECIAL USE PERMIT SP #13-08, BY INCERTEC, INC. ADOPTED RESOLUTION NO. 2013-42. 5.Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2013 Tax Levy Collectible in 2014. ADOPTED RESOLUTION NO. 2013-43. 6.Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Street Improvement Project No. ST 2013-01. Wally Wysopal , City Manager, stated this is for Meadowmoor Terrace, Flanery Park, and rd Jackson Street north of 73 Avenue. The cost for per home is approximately $21.50 as was projected. ADOPTED RESOLUTION NO. 2013-44. 7.Resolution Directing Publication of the Hearing on the Proposed Assessment for Street Improvement Project No. ST 2013-01. ADOPTED RESOLUTION NO. 2013-45. 8. Claims (160873 - 161024). APPROVED. 9. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 3 10.Estimate. Northwest Asphalt Corporation 5929 Baker Road, Suite 420 Minnetonka, MN 55345 2013 Street Rehabilitation Project No. ST2013-01 Estimate No. 3………………….............................................$505,986.58 APPROVED. APPROVAL OF CONSENT AGENDA : MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE. ADOPTION OF THE AGENDA : MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-0 VOTE. OPEN FORUM : No one from the audience spoke. OLD BUSINESS : 11.Approve 90-day Extension Request for Final Plat Approval, PS #12-01, and Vacation Request, SAV #13-02, by Carlson McCain on Behalf of William Fogerty, for the Property Generally Located at 7011 University Avenue N.E. (Ward 1). Scott Hickok, Community Development Director, stated the City has received requests by the representatives of the petitioner, William Fogerty and Mr. McBain. City staff did receive the 90- day extension request from Danielle Caylor, who has the Power of Attorney for William Fogerty regarding the Columbia Arena plat and also easement vacation approvals which would be the Plat Approval, PS #12-01, and Easement Vacation Approval SAV #13-02. Mr. Fogerty has been incapacited by a serious accident, and they are asking for additional time in order to make some decisions about the land. The request is for a 90-day extension. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 4 Mr. Hickok stated staff is recommending approval of the 90-day extension for both PS #12-01 and SAV #13-02. The petitioner has already filed the 1599 (60-day agency action law) which allows the City the time needed to make a decision like this. Council has within its discretion the ability to approve this extension. Councilmember Saefke stated he knows the last time Mr. Fogerty was before them, they kind of took this as the “drop dead” date to have everything finished. However, in light of the fact Mr. Fogerty was in a very bad car accident and incapable of taking care of business, he said he has no problem with extending it another 90 days. Councilmember Bolkcom asked what the date was for the original 90-day extension. Mr. Hickok replied, the last action brought it forth to tonight’s meeting. At this time, the City would have hoped to have had both the easement vacation and application and also the plat before them for approval. Councilmember Bolkcom stated another 90 days would take them to December 9 which is fine. Danielle Caylor , 9573 North Shore Trail, Forest Lake, stated she is representing Bill Fogerty. Mayor Lund asked her if he is her dad. Ms. Caylor replied, yes, he is. Mayor Lund asked Ms. Caylor how Mr. Fogerty was doing. Ms. Caylor replied he is undergoing therapy, and they are hopeful he will make a full recovery. Her brother actually does a lot of business for their dad; however, unfortunately, this was not one not one of the transactions. They are trying to meet with Mr. McBain and the other people involved with the project to understand things fully and be in contact with their attorney. At this time, they do not feel comfortable moving forward. They would like to close this project within the 90 days. Councilmember Bolkcom said December 9 is the last Council meeting for the year. She Ms. Caylor if she thought it was doable within the 90 days. Ms. Caylor replied, there is a lot of interest in the project with the housing. She said she definitely thinks so, especially with potential buyers. The buyers want to know what is going on; and they do want to be able to communicate with them what is going on. MOTION by Councilmember Saefke to approving the 90-day Extension Request for Final Plat Approval, PS #12-01, and Vacation Request, SAV #13-02, by Carlson McCain on behalf of William Fogerty, for the Property Generally Located at 7011 University Avenue N.E. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4-0 VOTE. NEW BUSINESS: 12.Resolution Approving Master Plan Amendment, M.P. #13-01, for Fairview Health Services, on Behalf of the Property Owner, Columbia Park Properties, to Allow the Construction of Building Additions and the Modification of the Parking Lot, Generally Located at 6341 University Avenue N.E. (Ward 1). Scott Hickok, Community Development Director, stated the petitioner is requesting a master plan amendment for the Fairview Clinic property located at 6341 University Avenue, to allow for two separate building additions and a parking lot driveway revision on the property. Mr. Hickok stated the property is located just south of City Hall, along Fourmies. It was rezoned, along with City Hall property, in 1982, to S-2 Redevelopment District. When the property was rezoned, the existing medical clinic was also constructed. As they know, S-2 redevelopment is predicated on a master plan rather than a more traditional quotidian type zoning. Mr. Hickok stated in 2003, a master plan amendment was approved to redesign the parking lot and to construct two additions on the building, one the northwest side of the building and the other one the east side of the building. Those two additions did not happen at the time, although they are looking at one on the northwest corner today that is very much like that 2003 northwest corner addition. Mr. Hickok stated the parking lot redesign which includes land owned by Fairview and by the City’s Housing and Redevelopment Authority was completed; however, the building additions were never constructed. Any property that is zoned S-2 requires a master plan and once the S-2 rezoning is approved by the City Council, any modification to that original master plan comes back to Council for another look. That master plan amendment was reviewed by the Planning Commission and also reviewed by the HRA at their last meeting. Mr. Hickok stated since the proposed project is a modification from what was originally approved with the rezoning, the petitioner is seeking this amendment. The HRA had the opportunity to review it last week and were very supportive of the project. Mr. Hickok stated the first piece of the addition is 2,013 square feet of first floor addition to the building. There would be a pharmacy addition on the first floor. The second floor would be for clinic space. There is another 809 square foot, two-story addition. The first floor would be for a loading dock and a gurney-sized elevator addition. The second floor would be for clinic space. Mr. Hickok stated a driveway would be eliminated. There is currently a driveway that goes through from Fourmies, it loops north of the building, and allows you to go back in through the parking lot. That would disappear with this proposal. There will be a new drop-off loop and a drive-thru to the pharmacy for pharmacy pickup. There is a portion of the loop which FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 6 encroaches on City property and there is an encroachment agreement that would allow the loop to encroach on that City property through this agreement. City engineering staff has also recommended construction of bollards or a landscaped hedge along that area to help delineate it from Fourmies Avenue. Mr. Hickok stated the proposal before Council is a preferred solution to a drop-off for this site. It does go over City property, but it also improves the green space and allows the implementation of a rain garden. Mr. Hickok stated the new additions do comply with all setback and lot coverage requirements. The City Code requires 150 parking stalls for this use, and the petitioner is proposing to provide 235 spaces, of which 6 are ADA compliant. The City’s Engineering Division and Fire Department have had a chance to review the proposed site plan and the new circulation drive, and they are very comfortable with this modification. Mr. Hickok stated a hearing was held at the August 21, 2013, Planning Commission meeting. The Planning Commission unanimously recommended approval of this master plan amendment. City staff does recommend concurrence with the Planning Commission. Staff also recommends the addition of Stipulation No. 9 which requires the petitioner to provide proof of ownership of the second property. When the City enters into an agreement like, staff wants to make sure they are entering into an agreement with the property owner so that all stipulations are agreed upon by the property owner as well. Mr. Hickok stated there are nine stipulations for the Master Plan Amendment. The encroachment agreement is complete but for a redlined version and a clean version. There were some minor modifications made. Councilmember Saefke stated he noticed there is a fire hydrant in about the same location where the new circular driveway is going to be. He asked if that would be moved. He asked if it encroached at all on Fourmies Avenue. He said he was concerned about snow storage in the winter. Mr. Hickok replied the Fire Department did have an opportunity to review and make comments on the plan. Stipulation No. 3 indicated that petitioner does need to meet all of the specific technical requirements that were required by the Fire Department. One of those does talk specifically about the hydrant. Mr. Hickok stated as to the encroachment onto Fourmies Avenue, it encroaches onto the green space, not the roadway itself, and not the curbline in any way. Councilmember Saefke asked if there was any space in between. Mr. Hickok replied, yes, there is. Not only space but a grade change. This area is where the Engineering staff thought bollards would be a good suggestion. It is not dangerous from an engineering perspective or they would have highlighted that as well. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 7 Councilmember Bolkcom asked, is it all one-way traffic? There is one directional arrow. Mr. Hickok replied, it would be signed accordingly. Typically, when you are dropping a patient off at the door, you are putting that patient right at the door and/or when you are driving to the pharmacy, you are going to the driver’s window. It makes it very easy for you to do both. Councilmember Bolkcom asked if the gas company had to come in and do work in the right of way, even though the City suggested the bollards go there, the petitioner is the one who would be responsible for replacing those improvements. Mr. Hickok replied, correct. Councilmember Bolkcom asked if Mr. Hickok would summarize the changes in the agreements, from the redlined one to the clean one. Darcy Erickson, City Attorney,replied there are three simple changes. When title was taken by the owner, Columbia Park Properties, back in the 1980s, it was a general partnership, not a limited liability partnership. Under Minnesota law, typically you do not have to transfer a property from one entity to another when it makes the election to avail itself of the limited liability. It is to make sure they are absolutely clear and there is no confusion in the record. They simply changed the form that was in there to reflect it was “formerly known as.” It changes the introduction clause, the definition of it, and the notary block. There were no substantive changes. MOTION by Councilmember Saefke to receive the clean copy of the Agreement Relating to Landowner Improvements Within City Right-of-Way on Lot 1, Block 2, Fridley Plaza Center, Anoka County, Minnesota. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4-0 VOTE. MOTION by Councilmember Saefke to receive the redlined copy of the Agreement Relating to Landowner Improvements Within City Right-of-Way on Lot 1, Block 2, Fridley Plaza Center, Anoka County, Minnesota. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4-0 VOTE. MOTION by Councilmember Saefke to adopt Resolution No. 2013-46 with the following stipulations: 1.The property shall be developed in accordance with the site plan, C2.0, dated July 29, 2013, by Alliant Engineering. 2.The petitioner shall obtain all necessary permits prior to construction. 3.The petitioner shall meet all Building code, Fire code, and ADA requirements. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 2013 PAGE 8 4.The petitioner shall comply with the Fire Department comments dated August 12, 2013. 5.Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 6.The petitioner shall receive Mississippi Watershed Management Organization approvals prior to issuance of a building permit. 7.City engineering staff to review and approve grading, drainage and utility plans prior to issuance of building permits. 8.An encroachment agreement for the circular driveway due to encroachment upon Fourmies Avenue right-of-way shall be signed between the City and Fairview prior to issuance of a building permit. 9.Columbia Park Properties, L.L.P. shall provide the City with satisfactory proof of ownership of the Lot 1, Block 2, Fridley Plaza Center prior to the issuance of a building permit. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4-0 VOTE. 13.Informal Status Report: There were no informal status reports. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4-0 VOTE AND THE MEETING ADJOURNED AT 7:37 P.M. Respectfully submitted, Denise Johnson Scott J. Lund Recording Secretary Mayor