Loading...
CCM 02/10/2014 CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 10, 2014 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-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Darin Nelson, Finance Director Jim Kosluchar, Public Works Director PRESENTATION: The Clifton E. French Distinguished Service Award from the Minnesota Recreation and Park Association was presented to Jack Kirk, Director of Parks and Recreation. APPROVAL OF MINUTES: City Council Meeting of January 27, 2014. Councilmember Varichakasked for the following changes to be made to the minutes: when Page 18, sixth paragraph from the bottom “ will it be done” could Page 18, fourth paragraph from the bottom “there be other costs” APPROVED AS AMENDED. NEW BUSINESS: 1.Resolution Calling for a Public Hearing on the Issuance of Educational Facilities Revenue Notes and Authorizing the Publication of a Notice of the Hearing (Totino- Grace High School Project). ADOPTED RESOLUTION NO. 2014-16. 2.Resolution Adopting Rosenberg’s Rules of Order (2011) as the Parliamentary Procedures for the City of Fridley. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 2 Councilmember Saefke noted the following change to Rosenberg’s Rules of Order, Page 40, first to sentence, should read “members do not vote”. APPROVED RESOLUTION NO. 2014-17. 3.Approve Antenna Site Lease Agreement Between the City of Fridley and Verizon Wireless (VAW) LLC, for Water Tower #2 (Ward 1). APPROVED. 4.Claims (162591-162808). APPROVED. 5.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 6.Estimates: Sunram Construction 20010 – 75th Avenue N.E. Corcoran, MN 55340 Springbrook Nature Center Weir Project No. 410 Estimate No. 1 ........................................................................................ $17,907.50 Blackstone Contractors, LLC 7775 Corcoran Trail East Corcoran, MN 55340 Oak Glen Creek Erosion Control Project No. 380 Estimate No. 1 ........................................................................................ $70,080.79 APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Consent Agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Larry Rundle, Gaming Manager for the Fridley VFW, said their Cribbage Tournaments that are held each week are considered illegal according to the City of Fridley ordinance. A number of units have cribbage tournaments weekly. There is a charge of $4 to play and they award up to $200 in prizes. 100% of the entry fee goes back into prizes, and the VFW makes no money on the tournaments. Their tournaments are in line with the Minnesota Department of Public Safety rules but not with the City. Mayor Lund stated Council had a discussion in a workshop prior to the meeting, and staff has been asked to bring back a change in the ordinance so it would not be illegal. He said because Fridley is a Charter City there are more restrictions. He asked if Fridley was the exception to other communities that have cribbage tournaments. Mr. Rundle replied yes. Other communities run tournaments the same way with no issues. Each tournament draws from 60 to 90 players. Mayor Lund said Fridley’s ordinance says an entry fee cannot be charged and staff is going to propose an amendment. Mr. Rundle hopes that the new ordinance will be the same as the Public Safety rules and the payout is $200. Mayor Lund said the item will be on the agenda for the next Council meeting on February 24. Staff will send out a letter to business that would likely have tournaments. Councilmember Barnette asked if the VFW can continue to have tournaments. Mr. Rundle replied they had to stop the tournaments until a new ordinance is passed or they could lose their liquor license. PUBLIC HEARING: 7.Consideration of the Revocation of Special Use Permit, SP #93-01, for Exterior Storage Generally Located at 505 Fairmont Street N.E. (Ward 3) (Continued January 27, 2014). Scott Hickok, Community Development Director, said staff met with Mr. Witzel on February 4 to review the history and specifics of the special use permit. Mr. Witzel presented staff with a list of actions he plans to take to prevent subsequent violations, but staff felt more needed to change on the site to prevent parking encroachments onto 513 Fairmont Street. Staff informed Mr. Witzel that code requires now, and required back at the time of his permit, that curbing be FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 4 installed around his parking areas and the outside storage area. Mr. Witzel explained that the outside storage area is not paved as staff had assumed. Mr. Hickok said in reviewing the details of the 1993 case, it was evident the Planning Commission changed the stipulations of the permit from staff’s original recommendations by removing the paving requirement for the outside storage area. In reviewing the minutes of those meetings in detail, however, there appeared to be no discussion or allowance for Mr. Witzel to have an exemption from curb and gutter requirements for the additional pavement he was required to install on the west side of the property. Mr. Hickok stated that Mr. Witzel had proposed at the City Council public hearing to install curb stops on the west parking area on his site, but staff has not allowed any other business in the City to use this temporary solution when the code requires 6” high curb and gutter. Mr. Witzel could, however, explore other storm water treatment BMPs that may allow an exemption to standard curbing when other means of storm water treatment are installed on a site. Any alternative to standard curbing will need to be approved by staff. Staff also took this opportunity to review other zoning requirements for the C-1 zoned property and gave Mr. Witzel a copy of the code and the special use permit file contents. Mr. Hickok stated staff recommends that the City Council, rather than revoking this special use permit, modify the stipulations of SP #93-10 to add a seventh stipulation to require Mr. Witzel to install curb and gutter on the west side of his property at 505 Fairmont Street NE within 2 years. Code requires the curbing to be placed 5 feet inside the residential lot, which could be developed in the future. If that occurs, the owner of 505 Fairmont Street should be required to install a screening fence or landscaping or both as code requires. Staff is not proposing installation of the code required screening in this situation, however, as Mr. Witzel owns the adjacent lot and uses it for snow storage. Staff advises that Mr. Witzel plant a row of evergreen shrubs or trees to screen headlights if he ever plans to sell the adjacent lot at 513 Fairmont Street rather than use it for snow storage. Staff also agreed that it would be permissible for Mr. Witzel to move the storage shed at 513 Fairmont inside the approved fenced outside storage area. Councilmember Bolkcom thanked Mr. Witzel for meeting with staff to work out an agreement. She asked if numbers 1-4 in his plan of action had taken place. Mr. Witzel replied yes, and they got rid of on one van and one box truck. Councilmember Bolkcom asked if the shed could be removed within six months. Mr. Witzel answered yes. Mayor Lund asked if he was okay with the stipulations. Mr. Witzel answered yes. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTOIN CARRIED AND THE PUBLIC HEARING CLOSED AT 7:30 P.M. OLD BUSINESS: 8.Resolution Revoking Special Use Permit, SP #93-10, for Exterior Storage of Materials in a C-1 Zoning District at the Property Generally Located at 505 Fairmont Street N.E. (Ward 3) (Continued January 27, 2014). MOTION by Councilmember Bolkcom to deny the Resolution Revoking the Special Use Permit, SP #93-10 for Exterior Storage of Materials in a C-1 Zoning District at the Property Generally Located at 505 Fairmont Street N.E. (Ward 3). Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9.Resolution Amending Special Use Permit, SP #93-10, for Exterior Storage of Materials in a C-2 Zoning District at the Property Generally Located at 505 Fairmont Street N.E. Scott Hickok , Community Development Director, stated now that the SUP is revoked an item that came up in discussion is that there is a short segment of concrete curb that would have been required in the late 1950s. Through staff discussion, it was decided that a period of 24 months would be appropriate for Mr. Witzel to get this done. Staff recommends approval of the new SUP adding a stipulation number seven requiring that curb and gutter be installed by February 10, 2016. Otherwise the SUP, is the same. Councilmember Bolkcom asked if the curb and gutter should be part of the code or stipulation. Mr. Hickok replied that it was in the code back then and as a business owner, Mr. Witzel was required to operate under that code. The hard surface needed to be surrounded by curb and gutter. Councilmember Bolkcom said then the curb and gutter was not related to the SUP. Mr. Hickok replied correct. There would not have been code violations because trucks could not get there because of the curb. Mr. Witzel does not like idea of installing curb and gutter, but it has to be done. He did install curb around the planting area and approaching the building but not on the west edge of the parking lot. Councilmember Bolkcom said removing the storage shed into the outside storage area is not a stipulation but something that is part of the agreement. He has until April 15, 2014 to do that. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 6 Mr. Hickok replied yes; it can be moved inside the storage area. Councilmember Bolkcom asked if Mr. Witzel was okay with the deadline of April 15 to move the shed and in agreement with the stipulations including the curb and gutter. Mr. Witzel was comfortable with the curb and gutter but asked if the 5-foot setback from the lot he owns next door could be waived. This would allow green space next to the residential lot next door. Mr. Hickok replied that Mr. Witzel would have to submit a variance request and there is time to apply for a variance between now and when the curb needs to be completed. MayorLund said the City would want green space around each property. He asked how much a variance request would cost. Mr. Hickok answered $1,500. Mr. Witzel said that taking 5 feet of parking would have an impact on the lot. Councilmember Bolkcom asked if he was okay with the stipulations. Mr. Witzel replied yes. Councilmember Varichak asked how much space the storage shed would take up when it is moved and if there was room to do that. Mr. Witzel said it didn’t matter; he was using the shed to store lawnmowers. This will give him some additional secure storage behind there. MOTOIN by Councilmember Bolkcom to adopt Resolution 2014-18. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10.Vacation Request, SAV #14-01, by Trident Development, LLC, and the City of Fridley’s Housing and Redevelopment Authority to Allow for the Redevelopment of the Gateway NE Properties, Generally Located along University Avenue Service Drive, east thst of University Avenue NE, from 58 Avenue NE to 61 Avenue NE. The Street th Proposed to be vacated is a Portion of 60 Avenue NE from the University Avenue Service Drive to the Alley on the East Side of the Subject Parcels. The Alley Proposed th to be Vacated is Located to the East of the Subject Parcels and South of Vacated 59 Avenue NE; and FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 7 th Resolution Vacating and Reserving a Portion of 60 Avenue NE to Allow for the Redevelopment of the “Gateway Commons” Properties, Petitioned by Trident Development, LLC, and the City of Fridley’s Housing and Redevelopment Authority; and Resolution Vacating and Reserving the West Half of the Alley as Dedicated in the Plat of Bennet-Palmer Addition and in the Plat of Hyde Park, Lying Southerly of the Easterly Extension of the North Line of Lot 9, Block 3, Said Plat of Bennet-Palmer Addition, and Northerly of the Easterly Extension of the South Line of Lot 10, Block 4, th Said Plat of Bennet-Palmer Addition, Generally Located South of Vacated 59 th Addition, Generally Located South of Vacated 59 Avenue to Allow for the Redevelopment of the “Gateway Commons” Properties, Petitioned by Trident Development, LLC, and the City of Fridley’s Housing and Redevelopment Authority (Ward 1) Councilmember Saefke asked for following corrections to be made: notification Page 110, second paragraph, third sentence, change “notified” to Page 120, second paragraph, second sentence, change “elevations to response” to elevations in response st exiting Page 120, third paragraph, second sentence, change “existing” to 61 Scott Hickok, Community Development Director, stated there will be one presentation and four separate motions. Mr. Hickok stated petitioner is requesting three land use items to allow for the redevelopment of 5830-6071 University Avenue, known as, “Gateway Northeast.” 1.S-2 Master Plan 2.TOD Master Plan th 3.Street and Alley Vacation –a portion of 60 Ave and the west ½ of an alley th located south of vacated 59 Ave. At a later date, a vacation request will be submitted for the University Avenue Service Drive. These properties were originally developed in the 1950s and 1960s for commercial uses, restaurants and gas stations. When access was limited as a result of upgrading University Avenue, several of the businesses began to suffer, and as a result significant vacancies occurred and the buildings became blighted. Mr. Hickok stated the City and the HRA have wanted to redevelop this area for a number of years. The HRA started to acquire some of the properties in 2006, after being approached by property owners wanting to sell their obsolete retail buildings. Acquisitions of the properties concluded in 2013 and demolition of the properties was done in three phases. If the HRA did not have tax increment available to pay for acquisition, demolition, relocation, environmental FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 8 remediation, infrastructure, and site preparation, this project would not have been able to proceed. Mr. Hickok stated in 2007, the HRA partnered with the Corridor Housing Initiative Group to brainstorm, collaborate and develop some plans for the future of the subject properties. The buildings proposed by the petitioner are of similar height and scale as those buildings the neighbors and other residents designed for the site in 2007. Mr. Hickok stated over the last few months, City staff and the HRA staff have spent a great deal of time working with the petitioner, their surveyor, the HRA’s title company, Mn/DOT and Anoka County to identify and clean up the issues always associated with the properties. There have also been meetings with utility companies to identify locations of utilities to ensure that existing utilities will be protected and to review new locations for any and all utilities. Mr. Hickok said the proposed development will have a total of 265 apartment units, contained in three separate buildings. Each building is proposed to be four stories, with three stories of living above indoor, ground-level parking. Two of the buildings proposed have 104 units and the third building has 57 units. Buildings 1 and 2 are proposed to be connected to each other by a skyway. Mr. Hickok stated the petitioner has designed the project with removal of the University Avenue st Service Drive. A new private drive will be constructed off of 61 Avenue to access the site. The th project will also receive access from 60 Avenue with the installation of a roundabout and on the south end of the site from the Service Road connected to 57 ½ Avenue. The City is currently working with Anoka County and Mn/DOT on the University Avenue Service Road turn-back documents. Once staff has the clarification needed on those documents, a street vacation request of the service road will be reviewed by the Planning Commission and City Council. Mr. Hickok said due to the long, narrow shape of the site; the buildings are positioned in a lineal fashion fronting on University Avenue. They are situated approximately 90 feet from the eastern property line, where the rear yards of the single family homes are located. The surface parking is located on the east side of the building so as to not be visible from University Avenue. A seven- foot vinyl privacy fence is also planned to be installed along the eastern property line. Mr. Hickok stated that a portion of the development will be green space which will offer outdoor amenities such as walking trails, a picnic and grilling area and a gazebo. This open space will also allow for certain amount of storm water infiltration. Sidewalks are also included in the design, providing convenient pedestrian access to public sidewalks and to other areas of the neighborhood. th Mr. Hickok said a portion of 60 Avenue needs to be vacated, as well as the west ½ of a 12 ft. thth alley that is located south of vacated 59 Avenue. If the portion of 60 Avenue is vacated, the entire land area would be turned over to the existing property owner, who is currently the HRA. There are several utilities located within this right-of-way, so once vacated; the area will need to be retained as an easement. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 9 Mr. Hickok said since the Planning Commission meeting, staff is suggesting that instead of vacating the entire 12 ft. alley, that only the west 6 ft. of the alley be vacated. The west half is all the proposed project needs to be successful. Current Code requires that the City needs to receive written approval from 100% of the neighboring property owners before a right-of-way can be vacated. The neighboring property owners have received notification of the proposed vacation request; however 100% of the signatures have not been received. Staff will continue to work with the neighbors to see if all the signatures can be received to vacate the east 6 ft. of the alley. If that is achieved, staff will bring that vacation request along with the vacation of the University Avenue Service Drive before the Planning Commission and City Council. Mr. Hickok stated when a property is zoned S-2, it requires that the accompanying site plan become the Master Plan for the site. Once the Master Plan is approved by the City Council, any modification to that approved plan would require a Master Plan Amendment. The HRA is also required to review and make a recommendation to the City Council. They reviewed the request at their February 6, 2014, meeting and unanimously recommended approval. The subject properties are within the TOD Overlay District, therefore the project needs to comply with the TOD standards. Within the packet is a list of all of the performance standards the petitioner is required to meet as part of a TOD project. Some of those standards are related to lot coverage, setbacks, height, façade articulation, building face, parking, landscaping, sidewalks, and lighting. Mr. Hickok said the petitioner has designed a project that meets the TOD standards that will enhance the development and achieve what the City and HRA were hoping to see with redevelopment of this land. The HRA is also required to review the project and make a recommendation to the City Council. They reviewed the request at their February 6, 2014, meeting and unanimously recommended approval. Mr. Hickok stated petitioner held a neighborhood meeting on Thursday, January 9, 2014. They state it was a good meeting with good questions. There were 16 members of the neighborhood present. A copy of the petitioner’s notes from the meeting is on page 173. Staff has heard from four neighbors regarding the proposed project.  1 neighbor was inquiring if the petitioner’s neighborhood meeting would be on cable television and 1 neighbor had some general questions, not stating if they were for or against the project.  2 neighbors had questions about the development and were not happy to hear that it was multi-family project.  1 of those neighbors did attend the Planning Commission meeting, and some of their concerns seemed to be alleviated after getting more information from staff and the petitioner. Mr. Hickok stated the Planning Commission held a public hearing for SAV #14-01, S-2 #14-01 and TOD #14-01 at their January 15, 2014, meeting. They unanimously recommended approval of all requests. Staff recommends concurrence with the Planning Commission on the following with the following 14 stipulations: FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 10 1.The property shall be developed in accordance with the master site plan for “The Cielo”, submitted by HMA Architects, dated1/31/14. 2.The building shall be developed in accordance with the architectural exterior elevations sheets for “The Cielo”, submitted by HMA Architects, dated 2/4/14. 3.The petitioner shall obtain all necessary permits prior to construction. 4.The petitioner shall meet all Building code, Fire code, and ADA requirements. 5.The petitioner shall ensure that the any signage meet code requirements and shall obtain a separate sign permit prior to installation. 6.Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 7.A buffer between the residential properties to the east and the proposed project, through the use of a fence, landscaping or a combination of both, shall be reviewed and approved by City staff prior to issuance of a building permit. The petitioner shall install said buffer at the same time Building #1 is constructed. 8.Replacement of chain link fence along the Mn/DOT right-of-way will be incorporated as part of this project. The fence design and installation shall be agreed upon and approved by Mn/DOT, the City’s HRA, the City, and the Developer and said agreement shall be in place prior to issuance of a building permit for Building #1. 9.City Engineering staff to review and approve grading, drainage and utility plans prior to issuance of building permits. 10.The petitioner shall pay all water and sewer connection fees prior to issuance of a building permit. 11.All lighting in the development shall be shielded and downcast. Lighting shall be provided through free-standing lighting that adequately illuminates the sidewalk. 12.All crosswalks shall be installed using a colorized pavement pattern when connecting the sidewalk on each side of a driveway. All connections shall be accessible. 13.If the square footage of the footprint of any of the buildings proposed changes by more than 10% at that phase of the development, an S-2 master plan and TOD master plan amendment shall be required. 14.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 issuance of a building permit for Building #1. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 11 11.S-2, Redevelopment District Master Plan Request, MP #14-01, by Trident Development, LLC, to Allow for the Development of the Gateway NE Properties, with the Construction of Three (3) New Multi-Family Residential Buildings, Generally Located along the University Avenue Service Drive, East of University thst Avenue NE from 58 Avenue NE to 61 Avenue NE; and Resolution Approving a S-2 Redevelopment District, Master Plan, MP #14-01, for Trident Development, LLC, on Behalf of the Property Owner, the City of Fridley Housing and Redevelopment Authority, to allow the Redevelopment of the Properties Commonly Known as “Gateway NE”, Generally Located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061 and 6071 University Avenue NE (Ward 1). 12.Transit Oriented District (TOD) Master Plan Request, TOD #14-01, by Trident Development, LLC, to Allow for the Development of the Gateway NE Properties, with the Construction of Three (3) New Multi-Family Residential Buildings, Generally Located along the University Avenue Service Drive, East of University thst Avenue NE, From 58 Avenue NE to 61 Avenue NE; and Resolution Approving a Transit Oriented Development Master Plan, TOD #14-01, by Trident Development, LLC, on Behalf of the Property Owner, the City of Fridley Housing and Redevelopment Authority to Allow the Redevelopment of the Properties Commonly Known as “Gateway NE”, Generally Located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 University Avenue NE (Ward 1). Councilmember Saefke three notedcorrections on page 139; change thee to ; same correction on page 163. Councilmember Saefke said there is a cast iron water main in the alley way and when the townhouses were built they changed it. He recalls there were a number of water breaks along those water mains and was curious if that water main would be replaced. If it is replaced, would the water main be in a position so if there is a problem the fence line would not be in the way to access the water main. Mr. Hickok said he was not sure, but Jim Kosluchar has reviewed the plan and made comments relative to that utility and the issue has been discussed. At the developer’s request, a meeting was held with all utility partners including power lines and cable. There has been a lot of consideration to this type of concern. Councilmember Barnette said he has driven by the area and had a question about vacating the service road and where the road would be vacated. If he drove by the existing buildings south of th 58 would the road be vacated to that point? Would the people who live there now still have a road? FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 12 Mr. Hickok replied the road would serve them fine; there would be a cul-de-sac there with signs saying they were entering a private development area. Councilmember Barnette noted on several pages under plan revision #8 there is reference to the fence along University Avenue. He asked if an ornamental fence would replace the chain link fence. Roger Fink, Trident Development, said they have proposed to continue the existing ornamental st fence similar to the one south all the way to 61 and demolish the old chain link fence. Councilmember Barnette asked if the developer would be comfortable without a fence. Mr. Fink replied that they are providing a public sidewalk between the east side of the building and the west side of University. This is a narrow area and the neighborhood expressed an interest in a public pedestrian walkway throughout this property. With the sidewalk being so close to University, an ornamental fence would create a separation between the walkway and traffic on University Avenue. Mayor Lund thought MnDOT may require a fence to be built there. Councilmember Barnette replied maybe not. Councilmember Bolkcom said that ongoing maintenance would be done by the developer. It will look attractive. Councilmember Barnette agreed but noted that the fence across the road was not kept up very well. Mayor Lund said the fence is the City’s responsibility. Mr. Hickok noted there is a distinct difference in the upkeep of the fence. Gateway does a great job maintaining both sides of the fence. Staff would expect this developer to do the same and to keep an impeccable site. The property owners across the street do not keep up with the fence trimming. The City maintains it and does not trim the area very well. Councilmember Bolkcom asked how many signatures had been received on the vacations. Mr. Hickok replied they have not gone out for signatures yet. Staff has not heard anything positive or negative back, so they will go out door knocking. Councilmember Bolkcom asked what would happen if not all vacation requests were received. Mr. Hickok replied the language reads if the alley would be vacated adjacent to their property, leaving a 6’ separation, signatures are not needed to do that. Property owners can vacate if they desire to vacate their half. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 13 Councilmember Bolkcom asked if there needed to be 100%. Mr. Hickok answered the code says 100%. Councilmember Bolkcom said in the comments from the neighborhood, someone was disappointed that multi- family was being built. Did they say what they wanted instead? Mr. Hickok answered that one group came up with single family housing in that area. th Councilmember Bolkcom asked why they did not close 60 Street. Mr. Hickok replied that this is a nice compromise by the developer to create a roundabout so it does not feel like a straight away. Street plowing would prefer to not have a dead end and they need a way to get in there. A traffic study estimated that an average daily trip count of 881 trips would come from this development with a morning peak and evening peak of 108 or 1 vehicle every 30 seconds. Roadways are made to accommodate that kind of traffic. Traffic will not be that intense for the neighborhood to notice a difference. Councilmember Bolkcom asked if the roundabout met the standards of the City Engineer. Mr. Hickok replied yes. Councilmember Bolkcom asked if a plan needed to be submitted for the fence. Mr. Hickok replied those details would be submitted with the permit application. Councilmember Bolkcom asked if the fence would go in the first phase. Mr. Hickok said it would happen as part of the initial development. Councilmember Bolkcom asked about the lighting in No. 11 of the stipulations on Page 121. Mr. Fink replied the lighting plan includes the parking lot free standing lights and wall-mounted lighting on the building. Mr. Hickok added there will be lighting throughout the development meeting City standards but some lighting will be shielded downcast lighting. This is proposed in the development plan. There will not only be lighting on the sidewalk but throughout the development. The development needs to be safe. Lighting standards in the City Code that need to be met do not need to be stipulated. Councilmember Bolkcom asked why the address on Page 136 is handwritten. Mr. Hickok replied that is a reference to take you back to the address. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 14 Councilmember Bolkcom asked what would happen if the first building was complete and the developer wanted to change the second phase. Mr. Hickok replied if the changed plan does not meet the criteria, it needs to come back to Council. Typically staff gives them 10%. Councilmember Bolkcom asked what would happen if only 2 buildings were built. Mr. Hickok replied they would have to come back to modify the master plan. Mayor Lund said on Page 173, the fourth bullet under the suggestions from neighbors, mentioned speed bumps. Are they necessary if the developer is building a roundabout instead? Mr. Fink said the neighbors did ask about speed bumps, but the engineers said speed bumps were not needed between the traffic control features. With the roundabout and divided driveway, speed bumps are not needed. Mayor Lund asked about the stacking space and the primary entrance. st Mr. Fink replied the primary entrance is off of 61 Avenue. As far as stacking, they have enlarged the egress portion of the entrance drive to allow for additional car stacking and added further width. Mayor Lund said there were discussions about ground level parking and asked if there was a reason why the elevation was not dropped for underground parking. Mr. Fink replied they did consider underground parking and decided to keep it at grade level. The reasons for this had to do with the shallow depth of the lot and location of underground utilities restricting the underground parking. Councilmember Varichak asked how many signatures were needed from the neighbors. Mr. Hickok replied there are 10 properties backing up to the alley way and there are no garages back there that use the alley way for access. Mr. Fink said at the neighborhood meeting, he brought different fence styles and he showed a photograph of the one everyone picked. This afternoon, he met with his attorney to figure out how to prevent encroachments with respect to the fence. They are working on creative ideas on how to work through that. Councilmember Saefke asked where the snow would be stored. Mr. Fink said that came up at the Planning Commission Meeting. The development will have a central park green space where snow can be stored. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 15 Councilmember Bolkcom noted that regarding the vacation, it is not a disadvantage to the homeowner to have that vacated. This is at no cost to the homeowner and she asked if this would be well spelled out in the letter. Mr. Hickok replied yes. If the full 12 feet was vacated right now, it could be done but technically a full petition is needed in the City ordinance. This will not affect their property and they will not have any added tax plus this will add value when they go to sell the lot. MOTION by Councilmember Saefke to approve Vacation Request, SAV #14-01, by Trident Development, LLC, and the City of Fridley’s Housing and Redevelopment Authority to Allow for the Redevelopment of the Gateway NE Properties, Generally Located along University thst Avenue Service Drive, east of University Avenue NE, from 58 Avenue NE to 61 Avenue NE. th The Street Proposed to be vacated is a Portion of 60 Avenue NE from the University Avenue Service Drive to the Alley on the East Side of the Subject Parcels. The Alley Proposed to be th Vacated is Located to the East of the Subject Parcels and South of Vacated 59 Avenue NE; And th approve the Resolution Vacating and Reserving a Portion of 60 Avenue NE to Allow for the Redevelopment of the “Gateway Commons” Properties, Petitioned by Trident Development, LLC, and the City of Fridley’s Housing and Redevelopment Authority with the condition that upon recording of the Gateway Commons Final Plat. Final street, drainage, utility easement will be incorporated into the final plat at the discretion of the City Engineer. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to adopt Resolution No. 2014-19. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to adopt Resolution No. 2014-20. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to approve the S-2, Redevelopment District Master Plan Request, MP #14-01, by Trident Development, LLC, to Allow for the Development of the Gateway NE Properties, with the Construction of Three (3) New Multi-Family Residential Buildings, Generally Located along the University Avenue Service Drive, East of University thst Avenue NE from 58 Avenue NE to 61 Avenue NE (Ward 1) with 14 stipulations. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 16 MOTION by Councilmember Saefke to adopt Resolution No. 2014-21. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Saefke to approve the Transit Oriented District (TOD) Master Plan Request, TOD #14-01, by Trident Development, LLC, to Allow for the Development of the Gateway NE Properties, with the Construction of Three (3) New Multi-Family Residential Buildings, Generally Located along the University Avenue Service Drive, East of University thst Avenue NE, From 58 Avenue NE to 61 Avenue NE (Ward 1) with fourteen stipulations. Seconded by Councilmember Varichak. MOTION by Councilmember Saefke to adopt Resolution No. 2014-22. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund asked when the anticipated start date of construction would be. Mr. Fink said he is hoping to start this building season; late spring/early summer. 13.Informal Status Reports a.Organized Refuse Hauling Update Wally Wysopal , City Manager, said it has been 60 days since the City Council adopted the resolution directing negotiations to proceed for organized refuse hauling. Meetings are proceeding according to the terms of Minnesota Statute 115A.94. The City and representatives of the licensed refuse haulers met on three occasions. Negotiations have been collaborative and productive and are ongoing. It is premature to predict when the group will conclude its proceedings. The minimum 60-day period is required by statute and will be met and the group will take the time necessary to negotiate in good faith. Staff will be in touch with everyone in about a month. Mayor Lund added that people can keep watching publications in the newspaper and on the website to see when this item comes forward again. Councilmember Saefke said this year there have been 20 frozen water surfaces in town. Because of the extreme weather this year, he advised residents to run a small stream of water, about the width of a pencil, to prevent pipes from freezing. Homeowners will have to pay for the water and sewer charge but it will keep pipes from freezing and cost less than unthawing frozen water pipes. It is a safe method and generally works. If homeowners see discolored water that is a sign you may have frozen pipes. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 17 Mr. Hickok added that the City webpage has an article about protecting your water from freezing. Call 763-572-3566 during business hours or afterhours call 763-427-1212 if you have problems with your water pipes. Councilmember Bolkcom asked if Fridley was any different because the service goes all the way across the street. Councilmember Saefke said that Fridley takes on more responsibility than other communities. Mr. Wysopal said it is a standard in some suburbs for the ownership to go all the way to the water main itself. Sometimes it depends on how the property was developed. Councilmember Varichak asked if some areas were freezing more than others. Councilmember Saefke said he was not sure. They used to keep a list of areas that usually freeze up. st Councilmember Barnette said that it looks like the Citgo station on 61 Avenue will be demolished in the near future. Councilmember Varichak congratulated the new firefighters that will be awarded new badges next Monday; seven new members and a new Captain. Mayor Lund stated there are still tickets available for the Community Theater play, Barefoot in the Park. Call the Community Center for tickets and more information. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:10 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor