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CCM 08/14/2017 CITY COUNCIL MEETING CITY OF FRIDLEY AUGUST 14, 2017 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:04 p.m. ROLL CALL: Mayor Lund Councilmember Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Shelly Peterson, Finance Director James Kosluchar, Public Works Director PRESENTATION: Community Partnership Grant from CenterPoint Energy APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 24, 2017 APPROVED. NEW BUSINESS: 1.Claims 177536 – 177776. APPROVED. 2.License: Temporary On-Sale Intoxicating Liquor APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No one from the audience spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 3.Consider Transforming Property from the City of Fridley to the Fridley Housing and Redevelopment Authority for Development (Ward 1) (Continued July 24, 2017); and First Reading of an Ordinance Pursuant to Section 12.06, of the City Charter Declaring Certain Real Estate to the Surplus and Authorizing the Conveyance Thereof. MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:06 P.M. Scott Hickok , Community Development Director, said Council opened the public hearing on this item on July 24, 2017. The first time Council was asked to consider allowing land within Outlot E to be considered in redevelopment negotiations for the patio home portion on Locke Pointe Park Development. Council expressed concern and requested that the hearing stay open for additional time for discussion. This ordinance approval is the first step in the process and does not mean the plans are complete. Council will see any development that results from the negotiations and will have opportunities to approve both a plat and the S-2 Master Plan for the development. This ordinance will serve as official permission to use certain parcels to negotiate. The goal is for the best development for the City, its citizens and the HRA. A tot lot parcel and parcel for the pump house will be defined through the platting process. Mayor Lund asked if the outlot was to be transferred for a possible redevelopment, if a tot lot would be in the mix to put someplace, but it is not in the design yet. Mr. Hickok replied yes. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 3 Councilmember Bolkcom asked where it mentioned the tot lot in the findings. Mr. Hickok replied the plan is not done, but there will be parcels reserved for the tot lot. Councilmember Bolkcom asked how long it would be before Council would see a plan. Mr. Hickok replied a developer would come back and let staff know what is right. The vision was to build 18 patio homes, but 30 units are preferred as there is enough room and demand for patio homes in this area. For a healthy association board, 18 units is a restricted number to draw from; 30 units would make for a healthier association board. Staff encourages more than 18 patio homes for that reason. Councilmember Bolkcom asked if the tot lot would be adequate recreation for all ages. Mr. Hickok replied that the overall master plan is made to be park-like with a bridge, amphitheater, walking path, and a water feature. The tot lot is for a certain age for tenants and their visitors. There is value in a tot lot for multi-family and patio home owners. The entire development is for walking and a place for young adults to take their children. Councilmember Bolkcom said she did not see the developer creating a private recreation area, but a public space for different ages; tots and adults. Mr. Hickok agreed that public space is important. In the ordinance and letter of understanding there will be space set aside for the public and it will not be part of a private development. Councilmember Bolkcom asked if there would be an opportunity for neighborhood input after developers have sketched up a plan. Mr. Hickok replied the Planning Commission is the first step when there is a plat and master plan. The public hearing is an essential part in gathering input from people. The Planning Commission is the sounding board before it goes to Council, so some of the concerns have been addressed. Councilmember Bolkcom asked if there would be an opportunity to get input from neighbors and others before the plan gets too far down the road. Mr. Hickok replied yes, staff encourages that with the developers, to have more than just one sketch and show how it can all fit and be logical. He would set up a time and place for public input. Councilmember Barnette was in approval of the patio homes and agrees that there is a need for one level homes, as there are not any in Fridley. He thought this all is an excellent opportunity but was leery about giving up Outlot E. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 4 Bev Eberhard, 436 Rice Creek Boulevard, asked how the park property could be put into residential as the property belongs to Fridley residents. She asked if it was legal to take park areas and turn it into homes. Mayor Lund replied it is legal and permissible. Councilmember Bolkcom said that it is more like a swap; there will be a park but it will not have the same look or be in the same exact location. Mr. Hickok noted that some park land is sacred, if it comes through dedication specifically for park or for tax forfeiture. Sometimes there are things that create a park that make it difficult to make it into another development. The history of this park has been researched, and there are no strings attached to develop it. Ms. Eberhard asked if the park’s “no alcohol” rule would apply to the new development of patio homes. Mr. Hickok replied the HRA attorney has looked into that and it was something that had a timeframe on it and is no longer is germane to the property. Mayor Lund noted when the property is transferred, it will not be parkland anymore. Ms. Eberhard asked about the apartment buildings and if 1,000 new people would live there. Mayor Lund replied things have evolved overtime. Originally a plan showed 1,000 units of housing and that has been cut almost in half. This is an idea, so people know what is happening there. It is preliminary, as we do not know what developers want up there. Patio homes will be next to the existing homes and multi apartment buildings will be closer to City Hall. They will build to what the demand is or the market needs. Ms. Eberhard asked how 1,000 new people would fit. She did not there was enough room. Mayor Lund replied that it is feasible to put 1,000 household units in there, but it has been downsized by 50% to 500 units. Ms. Eberhard asked if there would be two apartment buildings. Mayor Lund replied there is no drawing yet so that will be up to the developers. We are talking about transferring property that will not be included in the City campus. We have control and say because the HRA owns the property. Ms. Eberhard asked if citizens had a vote on that. Mayor Lund replied no, but there will be public hearings. It will be mixed housing, because that is what the demand is. There is also a need for commercial and the drawing shows a bit of FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 5 commercial, but that will not be a predominant factor in the development. There is not a demand for that right now. Ms. Eberhard asked how much the patio homes and association fees would be. Mayor Lund replied they did not have any specifics, bur he thought the patio homes would be in the $300,000 plus range. This information will be available down the road. Ms. Eberhard asked if they had a voice if they did not like what was going on. Mayor Lund said people always have a voice. They can contact any of the Council members via call, text, or email. He asked what the concerns were about the proposed outlots to have the property transferred to the HRA so housing and redevelopment can be done to this property. Ms. Eberhard replied that she is against big buildings, but the patio homes were okay. Mayor Lund noted that the cost of the land is too high to just put in single family homes or patio homes. Councilmember Saefke added the opportunity to voice something is at the Planning Commission meetings because they vote on things before it comes to Council. Tonight, Council is talking about transferring the City-owned property to the HRA so this land can be developed. His concern is the transfer of Outlot E. Ms. Eberhard liked the drawings of the campus. Everything looks very nice and she is happy about that; but not excited about big buildings. Councilmember Bolkcom asked if the developer could meet with the neighborhood before the Planning Commission meeting. Mr. Hickok replied sure. Paul Gunderson , 412 Rice Creek Blvd, said he was in favor to transfer everything but to exclude Outlot E from the transfer. Jerry Mackelberg said he spoke with Mr. Hickok earlier and understood the developer wants more than 18 patio homes. There would not be enough people to serve on the Board and there would be issues down the road. The concern he has is that this development would put th additional pressure on the 69 Avenue exit. He is hoping staff works with the developer to strd create another exit to 71 down toward the dog park to get out to 73. More entrances and exits are needed to get in and out of the neighborhood. The tot lot is great, but he wants a park with picnic tables and an area to play soccer or t-ball. A tot lot does not equate into a park. A park meets a lot of different needs, not just tots. Mayor Lund noted the area in front of the Baptist Church is a grassy area that is owned by the City too, this area goes up to the parking lot. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 6 Mr. Mackelberg said that would be a small park. Mayor Lund stated that Outlot E is bigger but a portion is taken out where the pump house is. Mr. Mackelberg said the neighborhood has been cooperative with the church exclusively using that park for their playground and soccer field. They make a small contribution and pick it up occasionally, but they do not go out to help clean up the park. It would be a mistake to move the park over to the area by the church because the City would lose access to the park. The church should put in a park for their own use. Mayor Lund agreed that the church does make use of the park, but anyone can use it. Moving the park closer to the church would enhance their use of the park. Mr. Mackelberg said he has lived in his home for 50 years and has used the park next to the treatment plant and hopes the City is still talking about a park and not just a tot lot. Mayor Lund noted that there will be a water park and green areas in the new Civic Campus. Mr. Mackelberg said that he would still want to go to the park in his neighborhood. Councilmember Barnette recalled the church used to contribute $800 a year to the City toward th maintenance of the park but that does not happen anymore. He agreed that the 69 intersection strd is terrible and said there is a thought of going up 71 and running a road out to 73. A lot of ideas have come forward and more input is needed from the neighborhood. th Mr. Mackelberg said that more lanes are needed to the east and west off of 69. Nancy Shaw, 400 Rice Creek Boulevard, said she did not want Outlot E to be reduced or have a tot lot by the church because the area by the church is too small with a busy intersection. The current location of the park is safe and there is enough space. She is okay with transferring all the other lots except Outlot E. She agreed with the traffic issues as well. Rachel Haugen said it is too expensive to move the water filtration area. She asked if that was moving or not. Mayor Lund replied the water treatment area is not moving. If Outlot E was transferred, a separate lot would be created for the pump house area. If Outlot E was not transferred, the patio homes would be built by the church area. He agreed the hill at the current park area does add a barrier for the park, but a fence could be installed if the park were to move. Veronica Finch , 531 Rice Creek Boulevard, said she agreed with Ms. Shaw to keep Outlot E and the playground. The green space by the church is the exact size of playground equipment but that is not enough space for a park. A lot of new families are moving in, and she would prefer Outlot E to stay as it is and provide a portion of Outlot C for the patio homes in addition to Outlot F. Outlot C shows three large housing buildings, maybe a third of that could be allotted to patio homes. She is concerned with traffic but realized that will be discussed down the road. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 7 Mayor Lund agreed that traffic will be bogged down, especially during rush hour. He knows traffic can be improved and is confident some considerations will be made. There are better options available. Councilmember Bolkcom said the HRA will want to see something further along the line. This is an opportunity for the HRA to work with the Planning Department. Margaret Mackelberg said she was concerned that there would not be enough park space if we kept Outlot E. Natividad Seefeld said change will happen regardless of your age and hoped that there would be a decent size park for the children. With the traffic in the area, a fence would need to be installed regardless of where the park is located. Maybe do a survey for the traffic information. There can still be a decent playground area, but change the language and do not call it a tot lot. Mr. Hickok said staff received two letters; one from Anoka County and another form Met Council regarding this area and Outlot E. Debate continues between the County and City about land exchange for a roadway. The Met Council and Anoka County said they would like to preserve that area for land exchange. Wally Wysopal , City Manager, asked how long it would be before solid plans could be seen from the developer. He said it may help people understand this land exchange in addition to concerns about traffic. Mr. Hickok replied we should have something more within 4 to 6 weeks. Councilmember Bolkcom suggested continuing the public hearing until September 25. Mr. Wysopal noted that it is not essential to take action tonight and to continue the public hearing might lead to a better solution. Mayor Lund agreed that people would feel more comfortable with more definitive plans. Not too many are opposed to transferring the outlots, excluding outlot E. Councilmember Saefke thought two scenarios should be submitted; one with the transfer of Outlot E and the other without transfer of Outlot E. Councilmember Bolkcom said that maybe the discussion between Anoka County and the Met Council would be cleared up by then. MOTION by Councilmember Saefke to receive the two letters from the Met Council and Anoka County into the record. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 8 MOTION by Councilmember Saefke to continue the public hearing to October 9, 2017. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED TO OCTOBER 9, 2017. 4.Consider Revocation of Special Use Permit, SP #16-04, for Mobile Maintenance, Inc., to Expand Automobile Parking in an R-1 Zoning District, Generally Located at 513 Fairmont Street N.E. (Ward 3) MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:17 P.M. Scott Hickok, Community Development Director, said he would present Items 4 and 5 together. The City granted Mobile Maintenance a special use permit for outside storage (SP #93-10) in 1993. In 2009, systematic inspections of businesses resulted in a special use permit violation code case, which was resolved. Complaints regarding storage outside the fence and parking off- site were received on this property in 2010, 2012 and 2013. Council held a public hearing in February of 2014 and added a seventh stipulation requiring curb installation 5’ from the west side of the 505 Fairmont lot. Mr. Hickok said despite a 2-year grace period, the parking setback is still not in place. When City staff proceeded to schedule a revocation hearing, the owner indicated he wanted to remove the R-1 lot instead. Due to neighborhood complaints, staff advised the owner to apply for a special use permit if he was going to expand parking onto adjoining the R-1 lot. The owner applied for a special use permit automobile parking on the R-1 lot. Council granted SP#16-04 in June of 2016. Paving was to be completed in September of 2016. The September 2016 deadline passed with no new pavement. As staff began planning another hearing, the owner asked for more time. A maintenance agreement with Coon Creek Watershed was not filed. By the spring of 2017, staff was preparing for another revocation hearing. Mr. Hickok stated in May of 2017, the owner said he had bought a truck storage site elsewhere, and wanted to revert back to the 2014 plan to cut existing pavement back 5’ from the west line. Staff provided another extension to August 14, 2017, scheduling a public hearing for revocation of both existing special use permits in case the owner did not comply. As of August 9, there has been no progress. Mr. Hickok said that staff recommends delaying action on both special use permits until September 11, 2017. Special Use Permit, SP #16-04, needs to be revoked, as the owner has changed his plans. Stipulations to cut the pavement back 5’ from west property line need to FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 9 occur. The large trucks need to be moved off site or to the west side. The large trucks are a vision safety issue. Councilmember Bolkcom said she thought they have been given an incredible amount of time. She said she was interested to hear from the property owner and how we will move forward. She noted a typo on page 61--“given time to complete” is not the correct wording. Mr. Witzel , property owner, said has had a hard time getting the cement contractor to coordinate with the excavation contractor. Excavation did their job and the curb is to come in tomorrow. It has taken almost a month to do this. Mayor Lund asked if he let the contractors know he was under a time constraint. Mr. Witzel replied yes. Mayor Lund asked if he was comfortable with the 30-day extension. Councilmember Bolkcom asked if he still needed to get the Coon Creek Watershed District permit. Mr. Hickok replied no. Staff at Coon Creek Watershed District reviewed this and it is not needed. Councilmember Bolkcom asked if he was working on a plan to move the big vehicles. Mr. Witzel said he thought that having the vehicles there moved traffic away from the intersection of East River Road. There are two lots that are 20 to 30 feet from the corner so the vehicles are not all the way to the corner. When you pull up to the stop sign with a car you can see left and right. Councilmember Bolkcom asked when the trucks would be moved. Mr. Witzel said they would be moved by September 11. The long-term plan is to move the trucks to a 25-acre farm in the northern suburbs and the majority of operations will go on there. The building with the red canopy will be used for office space, and minimal trucks will be on this lot. Councilmember Bolkcom asked if he was changing his business. Mr. Witzel replied when he found out what would be involved to put in a parking lot next door with rain gardens and what was needed from the watershed, the parking lot would be smaller and the improvements would cost more than the property was worth. He said it was smarter to invest money at a new location. Councilmember Bolkcom noted that the progress has been very slow, well over a year. She was concerned if it would be completed by September 11. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 10 Mr. Witzel said the parking lot will be done by the end of the week, and then he has four trucks to move. Mr. Hickok added the work had to be competed in accordance with the plan. Mr. Witzel said that moving the trucks just came up two weeks ago. Councilmember Bolkcom asked if that was a part of the stipulations from the special use permit. Mr. Hickok replied that moving the trucks has been discussed in the past. Mr. Witzel replied the first time he heard about moving the trucks was a few weeks back. If he had known, he would have moved the trucks. Councilmember Bolkcom said she wanted to make sure he knew what needed to be done and will not be back asking for more time. A lot of staff time has been spent on something that should have been completed a long time ago. Mr. Witzel said he does not have to be brought in front of Council to get something done. Councilmember Bolkcom stated if moving the trucks was part of stipulations, it is not staff’s responsibility to follow up on the stipulations. Mayor Lund said he had a plan to put a larger parking lot in there but the cost was higher, so now he is taking his business to another location. MOTION by Councilmember Bolkcom to continue the public hearing to Consider Revocation of Special Use Permit, SP #16-04, for Mobile Maintenance, Inc., to Expand Automobile Parking in an R-1 Zoning District, Generally Located at 513 Fairmont Street N.E. to September 11, 2017. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED UNTIL SEPTEMBER 11, 2017. 5.Consider Revocation of Special Use Permit SP #93-10, for Mobile Maintenance, Inc., to have Exterior Storage of Materials and Equipment in a C-1 Zoning District, Generally Located at 505 Fairmont Street N.E. (Ward 3) MOTION by Councilmember Bolkcom to continue the public hearing to Consider Revocation of Special Use Permit SP #93-10, for Mobile Maintenance, Inc., to have Exterior Storage of Materials and Equipment in a C-1 Zoning District, Generally Located at 505 Fairmont Street N.E. to September 11, 2017. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 2017 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED UNTIL SEPTEMBER 11, 2017. 6.Informal Status Reports. Councilmember Bolkcom asked for an update on Plaza Park related to the maintenance of the trees. She asked if there was a resolution between Met Council and Anoka County Parks that the trees will be maintained in Hickory Circle. She said there was still no grass there. She asked who makes sure those areas in park are watered and maintained. Councilmember Barnette said that Jack Kirk would oversee that part and the neighbors are happy with the seed and it is coming through. Councilmember Bolkcom asked who would make sure it continues to be maintained and it is growing. Wally Wysopal , City Manager, said he would follow up with Jack Kirk and Jim Kosluchar to see who would supervise and implement the maintenance. Councilmember Bolkcom asked what was going on at Stonybrook. Mr. Wysopal said that a solution for improvement of that area is in the works. They are engineering the area and doing surveys to gather information on the feasibility of a project. Staff is also working with other agencies and cities to look at cost sharing for a project like this. The sub-watershed district is not in Fridley but contributes to the water volume. Something will be brought back in early fall. Councilmember Bolkcom added that if anyone has questions they can contact Jim Kosluchar. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 8:40 P.M. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor