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03/04/1996 - 00001948� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY C2TY COUNCIL OF MARCH 4, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None PROCLAMATION: VOLUNTEERS QF AMERICA WEEK - MARCH 3-10, 1996: Mayor Nee issued a proclamation proclaiming the week of March 3 � through 10, 1996 as Volunteers of America Week, kIe stated that Volunteers of America is commemorating its founding in 1896, and he urged others to �oin in bridging the gap between human needs and the resources of the public and private sector. He s�ated that Volunteers of America has been extraordinary friends to the people of Fridley during their time of need. ' PRESENTATIQN OF PLAQUE - VIRGIL HERRICK: Mayor Nee presented a plaque to Virgil Herrick in grateful appreciation for his thirty years of outstanding service as Fridley's City Attorney, from 1966 to 1996. He stated that he and the Council appreciate what Virgil has done for the City and extend their thanks and gratitude. Mr. Herrick stated that he and his wife, Shirley, have lived in Fridley for almost forty years, and he was fortunate to spend thirty of those years as City Attorney, He stated that Fridley has been fortunate in having good people to run the City, as far as elected Councilmembers and staff. He stated that this relates not only to the present people but also predecessors. Mr. Herrick stated that he had the chance to work with three Mayors, five City Managers and several dozen Councilmembers. He stated that they were all dedicated people, and he felt that the City has prospered because of it. � � ' ERIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 2 Mr. Herrick stated that the City is well planned, well governed, has a good tax base and is financially stable. He felt that this is something the residents should be proud of. He stated that he wished to extend special thanks �o Bill Nee. He told him that the City has been fortunate to have his leadership. He wished the Council luck, and he said that he and Shirley plan to stay in the City. He stated that if there are any problems or pro�ects where he can be of assistance, Council should feel free to call him. APPROVP.I, OF MINUTES: COUNCIL MEETING, FEBRUARY 26, 1996: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneidera Upon a�roice vote, all voting aye, Mayor Nee declared the motion carried unanimouslya APPROVAL OF PROPOSED CON5ENT AGENDA: OLD BUSINESS: 1. ORDINANCE N0. 1064 RECODIFYTNG THE FRIDLEY CTTY 31, ENTITLED "PAWN SHOPS," BY AMENDING SECTIONS 31.11, 31.12, 31.13, AND ADDING NEW SECTIO RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY CHAPTER 11, "GENERIIL PROVISIONS AND E'EES:'° CHAPTER .14,y AND AMENDING Mr, Burns, City Manager, stated that this ordinance amends Chapter 31 and Chapter 11 of the City Code regarding pawn shops. He stated that the ordinance establishes license classifications and fees. He stated that a Class A license for $15,000 is for pawn shops who have 750 or more trans- actions per month; a Class B license for $12,500 is for pawn shops who have between 250 and 750 transactions per month; and a Class C license for $10,000 is for pawn shops who have 250 or less transactions per month. He stated that the ordinance provides for pro-rating and ad�ustment of fees in the amount of $400 per month for those participating in electronic reporting. Mr. Burns stated that the ordinance also provides for record- keeping, disposition of articles, inspection of records, receipts, daily reports to the police and the method of reporting. He stated that the ordinance provides for a minimum ninety-day redemption period and a seventy-two hour holding period. He stated that the ordinance also outlines the time period for investigative and police holds. � � � ERIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 3 Mr. Burns stated that the ordinance provides for posting of the license and outlines the respensibility of the licensee. He stated that there are restricted transactions and no licensee shall purchase, accept, or receive any article of property from any minor or from any person of unsound mind or from an intoxicated person, or any article of property which contains an altered or obliterated serial number or whose serial number has been removed. He stated that the licensee shall not purchase, accept, or receive any article of property knowing, or having reason to know, that the article of property is encumbered by a security interest or that the person is not the true and correct owner of the property and without first having examined a valid photo driver's license or identification card issued by the state of residency of the person. Mr. Burns stated that the ordinance also regulates that the conduct of persons on the licensed premises and provides for the posting of the license requirements. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1064 ON THE SECOND READING. NEW BUSINESS: 2 3. MOTION APPROVING OFFICIAL TITLE AND SUMMARY ORDINANCE OF QRDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTER 31p "PAWN SHOPS," AND CHAPTER 11, "GENERAL PROVISIONS P.ND FEES:°° Mr. Burns, City Manager, stated that this item is to approve the publication of the official title and summary of Ordinance No. 1064 without publishing the ordinance in its entirety. APPROVED THE PUBLICATION OF THE OFFICIAL TITLE AND SUMi�7AR`i O� ORDINANCE NO. 1064. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 7, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETYNG OF FEBRUARY 7, 1996. 4. ESTABLTSH A PUBLIC HEARING FOR MARCH 18, 1996, FOR AN ORDINANCE AMENDMENT TO CLASSIFY GRAVEL AND/OR DIRT DRIVEWAYS AS A NUISANCE AND PROHISIT THEIR USE: Mr. Burns, City Manager, stated that this proposed ordinance amendment would declare gravel or dirt driveways a public nuisance and must be replaced by April l, 2001. He stated that in the citizen survey, 55 percent of residents stated � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 4 that they approved requiring hard surface driveways if there was some time period to accomplish the change, Mro Burns stated that there was an informational public meeting held on January 31, 1996 and a public hearing before the Planning Commission on February 7, 1996 at which time this proposed ordinance amendment was reviewed. He stated that 328 property owners would be impacted by this ordinance amendment, and he requested that a public hearing be set for March 18, 1996. SET PUBLIC HEARING FOR THIS PROPO5ED ORDINANCE AMENDMENT kOEB MARCH 18, 1996. 5. ESTABLISH A PUBLIC HEARING FOR MARCH 18, 1996, FOR AN ORDINANCE AMENDMENT TQ INCLUDE PROVISIONS RELATED TO THE DEFINITION AND REMOVAL OF JUNK OR UNSAFE VEHICLES FRQM PRIVATE nnnnnnmv. Mr. Burns, City Manager, stated that this proposed ordinance amendment provides a more detailed definition of what consti- tutes a junk vehicle and includes reference to the state � statute on unsafe motor vehicles. He stated that the amend- ment includes a detailed five-day notification and abatement process along with specific impound, reclaim, and public sale requirements. He stated that it also includes an aggrieved owner hearing process and a one-year °'sunset date" to allow for a re-examination of the ordinance one year from its adoption. Mr. Burns stated that a strengthened junk car ordinance was favored by 62 percent of the residents responding to the citizen survey, and a public hearing was held before the Planning Commission on February 7, 1996. He requested that a public hearing be set for March 18, 1996. SET PUBLIC HEARING FOR THIS PROPOSED ORDI�TANCE .AMENDMENT FqR MARCH 18, 1996. 6. ESTABLS5H A PUBLIC HEARING FOR MARCH 18, 19965e FOR P1`d ORDINANCE AMENDMENT PROHIBITING THE RETURN OF ABATED PROPERTY TO ITS ORIGINAL LOCATION IF IT CONTINUES TO BE IN VIOLATION OF CITY ORDINANCES: Mr. Burns, City Manager, stated that this proposed ordinance � amendment details the conditions in which abated property may return to the site of the initial abatement. He stated that the ordinance provides for an abbreviated but reasonable � � � ,FRYDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 5 notice period before removal takes place, He stated that the Planning Commission held a public hearing on February 7, 1996, and it is requested a public hearing be set for March 18, 1996, 5ET PCTBLIC HEARING FOR THIS PROPOSED ORDINANCE AMENDMENT FOR MARCH 18, 1996. 7, RESOLUTION NO. 16-1996 IN SUPPORT OF A RENEWAL API A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO Mr. Burns, City Manager, stated that this resolution is for the sale of pull tabs at the Fridley Knights of Columbus. He stated that the Police Department has no problem with the issuance of this gambling permit. ADOPTED RESOLUTION NO. 16-1996. 8, CLAIMS: ALJTHORIZED PAYMENT OF CLAIM NOS. 66866 THROUGH 67004. 9. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 10. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Barna, Guzy & Steffen, Ltd. 40D Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55435-5489 Services Rendered as City Attorney for the Months of January/February, 1996. ..$683.13 No persons in the audience spoke regarding the proposed consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, � � � F'RIDLEY CITY COUNCIL MEETING OF MARCF3 4, 1996 PAGE 6 ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted, Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, OPEN FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS: 11. 1996 APPOINTMENTS TO CITY COMMISSTONS (TABLED JANUARY 8 � nnc� . MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, MOTION by Councilman Schneider to re-appoint the following persons to City Commissions: APPEALS COMMISSION: Larry Kuechle and Kenneth Vos to terms expiring April 1, 1999. ENVIRONMENTAL OUALITY AND ENERGY COMMISSION: John Velin to a term expiring April 1, 1999. HUMAN RESOURCES COMMISSION: Terrie Mau to a term expiring April 1, 1999. PARKS AND RECREATION COMMISSION: Susan Price to a term expiring April l, 1999. CABLE TELEVISION COMMISSION; Ralph Stouffer and Burt Weaver to terms expiring April 1, 1999. POLICE COMMISSION: John Burton to a term expiring April 1, 1999. ERIDLEY CITY COUNCIL MEETING OF MP.RCH 4, 1996 PAGE '� � HOUSING AND REDEVELOPMENT AUTHORITY: John Meyer to a term expiring June 9, 2001. Seconded by Councilwoman Jorgenson. Mayor Nee asked for any other nominees, and since there were none, the nominations were closed. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously, It was noted that Clem Coverston did not wish to be re-appointed to the Human Resources Commission. Councilwoman Jorgenson stated that there are two vacancies on the Human Resources Commission and two on the Environmental Quality and Energy Commission. She stated it is hoped that residents will respond if they are interested in serving on these commissions. NEW BUSINESS: � 12. FIR5T READING OF AN ORDINANCE TO AMEND THE CTTY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #95-01, BY THE ROTTLUND COMPANY, INC., GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET, WEST OF UNIVER5ITY P.VENC3E� AND NORTH OF SATELLITE I,ANE) (WARD 1): Ms. Dacy, Community Development Director, stated that this rezoninq is one of three items on the Council's aqenda for redevelopment of the Southwest Quadrant. She stated that the rezoning is for a fourteen acre site to be rezoned from C-3 and R-3 to S-2. She stated that the rezoning is based on the site plan which proposes 64 three-story townhomes on the east side of Third Street and 54 one and two-story townhomes on the west side of Third Street. Ms. Dacy stated that the plaza/park area in the northeast corner of the site is part of the plan, as well as the landscaping plan, utilities plan, and grading and drainage plan which has been approved by the appropriate agencies and engineering staff. She stated that the plans meet the objectives of the guidelines of the Council. Ms. Dacy stated that sixteen stipulations are part of the rezoning approval. She stated that a ma�or issue was the reconstruction of � the Mississippi Street and Third Street intersection. 5he stated that the county approved the design, and there will be a four-way � F12IDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 8 cost sharing with the developer, the HRA, the County, and the owners of Holly Center. Ms. Dacy s�ated that a number of the stipulations deal with the buffer treatments and fencing. She stated that there would be an arbor vitae hedge and stone columns along Mississippi Street, and the chain link fence would be removed on University Avenue and replaced with an ornamental fence with colunuis, She stated that details need to be worked out with the Minnesota Department of Transportation. She stated tha� there would be a wood screening fence along the common lot lines with R1�0 Manufacturing, 486 trees would be planted around the site, and throughout the perimeter, 56 of which are larger than what is typically required. She stated that there would be underground sprinkling to maintain the land- scaping and the park/plaza area would be installed and maintained by the owners. She stated that there would be a public access easement to allow the public to use tne space and the bikewayl walkway. She stated that the developer would be responsible for installation and maintenance of the light standards. She stated that village homes shall be constructed to avoid the same elevations immediately adjacent to one another. � Ms. Dacy stated that in marketing the one and two-story units on the west side of Third Street, it is requested that those 54 units be split into thirds. She stated that the first one-third are to be marketed to seniors at an affordable range of $90,000 tc $110,000 and the remaining two thirds marketed at $110,000 to $120,000. She stated that the developer wished to discuss this stipulation with Council. She stated that staff recommends approval of the rezoning sub�ect to the sixteen stipulations. � Mr. Tim Whitten, Rottlund Company, Inc., stated that minor changes have been made since the last time this item was before Council. He stated that there was a request by the Deputy Fire Chief to include a looped street rather than a dead end. He stated that the sidewalks have been moved out of the right-of-way to allow for additional snow storage along the public streeto Mr. Whitten stated that an alternate plan was created £or village homes in response to those who wished a master bedroom on the main floor and more space. He stated that they have the original plans for the one and two-story units, but they have also added a twa- story plan with a master bedroom on the main floor, Mre Whitten stated that designs are now being developed for the three-story homes or The Gables. He stated that in some units the front entry has been moved to separate the units and to break up the mass of the elevation. He stated that the roof line has been ' � � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 9 lowered, and entrance elements have been introducefl. He stated that the floor plan is essentially the same, but some of the space has been redesigned. He stated that there are two bedrooms on the upper level and a little larger bath. Mr. Whitten stated that on the row or traditional townhomes the elevations are essentially the samea He stated that a three bedroom plan has also been introduced on the ends of the buildings which allows for a master bedroom and two bedrooms on the upper level, as well as some additional livinq space on the main floor. Councilwoman Bolkcom questioned the park fee of $325 per unit which is a stipulation of the plat approval. She stated that the Parks and Recreation Commission felt the full fee should be paid. Ms. Dacy stated that the $325 per unit is a staff proposal to Council based on the fact that the developer is proposing to install the improvements and provide an easement for public use for the park and the bikeway/walkway area. She stated that this is in excess of what typically would be requireci by the subdivision ordinance. She stated that staff°s recommendation is for a fifty percent reduction as the normal fee is $750 per unit. She statedg however, that this would amount to $375 per unit and not $325 per unit and should be corrected. Mr. Tom Harrington, BRW, Inc., presented a site plan for the plaza area. He stated that the changes to the park space have not been significant, and it is the same configuration. He stated that decorative fencing with stone columns and evergreens trees are used with benches along the trail. He stated that this creates an image to capture the intersection and to provide a gateway statement for the City. He stated that a pattern has already been established on Mississippi Street with the decoxative paving and street lighting which would remain the same. Mr. Harrington stated that there would be a two to three foot hiqh stone wall with arbor vitae installed. He stated that layering perennials by height and color would be planted to create interest. Mr. Harrington stated that this intersection would not only have the ornamental fencinq, but the backdrop of trees and the arbor vitae to the west to create screening on Mississippi Street. Councilwoman Bolkcom asked if anyone could use the park/plaza area or if the association could bar anyone from using this area. Ms. Dacy stated that the plaza area was one of the requirements of the original guidelines. She stated that the bikeway/walkway is a correction from the plaza to the downtown area of Fridley. g'RYDLEY CITY COUNCIL MEETING OF MI.RCH 4, 1996 PAGE 1� � Councilwoman Bolkcom stated that she did not want signs posted that this area was for use only for the resxdents residing in Christenson Crossing. Ms. Dacy stated that the subdivision signs for Christenson Crossing will be at Third Street and Mississippi Street. She stated that in the northeast corner of the site there could be a community oriented sign which would help add to the public ownership of this area. Mr. Todd Stutz, Rottlund Company, Inc., stated that they have reviewed the sixteen stipulations and are in agreement with these stipulations. He stated that they are in agreement with the ma�ority of the provisions in the development agreement, He stated that there is one item relating to the 54 village homes, and the effort to provide affordable housing within that component. He stated that rather than providing eighteen units within the $90,000 to $110,000 price range, they would like this increased to a ran�e of $95,000 to $115,OD0, and for these price limitations to exist for a one-year period of time. He stated that for the eighteen units within the $110,000 to $120,000, they would like the range increased from $115,000 to $125,000. � Mr. Stutz stated that Rottlund hoped to supply alternative housing for those in Fridley. He stated that if they find that most of the residents want homes more than $125,000, then this should be de- termined by the residents, and they should not have to supply homes below that price after one-year. He stated that the Metropolitan Council defines affordable housing at $115,000 or less, and Rottlund is committed to providing one-third of the pro�ect for a one-year period of time to homes in that price range. He stated that this time period would be approximately from June 1, 1936, when the building permits are taken out, to June l, 1997. � Councilwoman Jorgenson asked how long it would take to construct those units. Mr. Stutz stated that the units would be available by September 15, 1996, but the overall development would be completed by June, 1998. Councilwoman Jorgenson asked how many units would be completed by June 1, 1997, Mr. Stutz stated that roughly one-half of the homes would be completed by June 1, 1997. � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, Y996 PAGE 11 Councilwoman Jorgenson stated that several residents have asked if they could have a basement and questioned if this would be available. Mr. Stutz stated that it is not provided as part of the plans and, at this point, it is not their desire to offer basements. He stated that the overall grading is based on a certain hold down which allows for slab on grade construction. He statefl that a basement would require additional material to be hauled off site, Mr. Burns stated that in regard certain number of units, he felt not be completely constructed in tion that Rottlund has requested be purchase contracts for them, to the price limitations on a that these homes probably would the one-year time period limita- but more than likely there would Mr. Stutz stated that potential buyers could look at their model that is within those price ranges. Councilwoman Jorgenson asked how many homes pre-sello Mr. Stutz stated that, typically, pre-sold homes are from a contin- � gent buyer who has an existing home to sell. He stated that they would expect to start pre-sales by June 1 and would expect ten or more homes to be sold by the time they are completed in September. He stated that the gable homes are a different market because, typically, these would be first-time home bu_yers, and they do not have existing homes to sell. � Councilman Schneider asked Mr. Stutz if he is in agreement with the ma�ority of the issues in the development agreemento Mr. Stutz stated that he has not seen the final changes. Ms. Dacy stated that the Housing and Redevelopment Authority approved the development agreement in February, She stated that the procedure for Rottlund constructing the Mississippi Street intersection improvements needs to be finalized, However, once Council approves the plans they will also need to be approved by the HRA at their March meeting. She stated that the ma7or business terms were approved by the HRA and the developer. Councilman Schneider asked when the second reading would occur if Council approved a first reading of this ordinance. Ms. Dacy stated that the second reading of the rezoning ordinance would not occur until the building permit applications have been made, the development agreement executed, and there was closing on � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 12 the property. She stated that the second reading probably would not be until April, assuming everything proceeds on schedule. Councilman Schneider asked what is the recourse for the City if for some reason construction does not proceed after all the agreements, permits, and rezoning has been approvedo Ms. Dacy stated that there are a number of ineans of recovery, She stated that the S-2 zoning district is dependent on the site plan. She stated that Rottlund would have to comply. If they could not, they would have to submit a new plan prior to initiation of construction. She stated that if they do not follow through with the terms of the development agreement the City can take title of the property upon proper notification. Councilman Schneider asked if this would be a fairly expensive negotiation process. Ms. Dacy stated that it would be enforceable. She stated that until plans are complied with, the City would not issue a building permit. She stated that certificates of completion would be issued to make sure they comply with a11 provisions of the development � agreement before units can be sold. Ms. Dacy stated that she felt the HRA has a number of avenues to recover the property if the developer does not comply with the terms of the development agreement. Councilman Schneider asked who reviewed these agreements. Ms. Dacy stated that Mr. Casserly, who is the counsel for the Housing and Redevelopment Authority, reviewed the agreements. Councilman Schneider asked if they have been reviewed by the City Attorney, Mr. Knaak. Ms. Dacy stated that they have not and would be forwarded to Mr.Knaak for review. Councilman Schneider felt that the review by the City Attorney is another safety clause and better protection for the City. Councilwoman Bolkcom questioned the stipulation in the plat approval that one person cannot own more than two units in the development for rental purposes. � Ms. Dacy stated that stipulation was recommended by the City°s former assessor, and she has not heard any ob�ections from the developer. � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 13 Councilwoman Bolkcom stated that she could not see the benefits of increasing the price range $5,000, Mr. Stutz stated that in the process of developing this product, they did not think they could build anything for $90,000. He stated that the $95,000 to $115,000 range is more realistic and serves the market that exists. Councilwoman Bolkcom stated that her question is if one-third of these units will all be $115,000. Mr. Stutz stated that the development will not be successful if they do not market to the people in Fridley, which is their intent. Councilman Schneider stated there is nothing that guarantees that there will be a$95,000 unit, and the $95,000 to $115,000 range is probably really $115,000, Mr. Stutz stated that the base home needs to be lower than $115,000 in order to allow upgrades or added options. Councilman Schneider stated, for example, a person purchases a 1 model priced at $100,000 but upgraded and added options which raises the price to $118, 000. He asked if this is considered in the range of $95,000 to $115,000 or if it means the developer did not meet their commitment. Ms. Dacy stated that it needs to be considered as above the $115,000, but the City would try to enforce the one-third approach as best as possible. She stated it is conceivable that two-thirds of the units may be bought and sold for a higher price. Councilman Schneider stated that he would agree there should be some units targeted for moderate incomes and for seniors. Councilwoman Bolkcom stated that in the discussions, Council indicated that they wanted something that was affordable. Ms. Dacy stated that staff wants to enforce Council's wishes. Councilman Billings stated that in Stipulation 16, there is refe�ence that the village homes shall be constructed so as to avoid the same building elevation being constructed immediately ad�acent to one another. He questioned if it was the intent of this stipulation that there never will be two buildings with the � same elevation side-by-side or if it is a goal the developer should strive to achieve. He stated it is also obvious that the developer � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 14 is not in agreement on Stipulation 15 regarding the price ranges and that needs to be addressed. Councilman Billings stated in regard to the stipulations on the plat, in Stipulation le, there is reference to $325 per unit, which should be $375 per unit. He stated that in Stipulation 2e, there is a provision for maintenance and landscaping including the plaza area. He felt that the townhouse association could view this as a City plaza, and in the future may replace trees of not equal quality. He felt that an amendment to indicate that future improvements or replacement of plantings needs to be approved by the City so that the association does not do something on their own. Mr. Stutz felt that this made sense. He stated that there would be a provision for an architectural control committee. Part of their function will be to review improvements for that corner and to make sure they are reviewed and approved by the City. Councilman Billings felt that perhaps this should be included in the development agreement. � Ms. Dacy stated it is staff's intent that the condominium declara- tion and townhome documents be submitted and reviewed by staff and the City Attorney prior to closing on the property. She stated that these documents need to be recorded along with the plat, Mayor Nee stated that before the second reading on the rezoning, there would be a thorough review by the City Attorneyo Mr. Burns questioned if the request by the developer to be relieved of the value restrictions would qo either up or down. Mr. Stutz stated that they could not go below the $90,000 price range ($95,000 which is being requested). Those in the price range of $90,000 to $110,000 ($95,000 to $115,000 being requested) and those in the price range of $110,000 to $120,000 ($115,000 to $125,000 being requested) would be the only ones affected. Councilwoman Jorgenson asked if the price ranges included in the stipulation were the figures that were used when the development agreement was being worked out for the land sale price. Ms. Dacy stated that she believed the land sale was based on those price ranges, but she would like to address this question to ' Mr. Casserly before responding to Councila FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 15 � Councilman Schneider asked if the land sale price shouid be higher if the implication is that the price ranges were raised. Councilwoman Jorgenson stated that there would be a higher profit if prices are increased, and she wanted to make sure that this was reflected in the sale price of the homes, Councilman Schneider stated that he does have some problems with the price ranges, but he is not sure what is workable. Councilman Billings questioned if the City has an agreement with the owners of Holly Center regarding the improvements on Mississippi Street. Ms. Dacy stated that they have submitted a letter waiving their riqht to a public hearing for these improvements and agreeing to be assessed. She stated that if all other agreements were approved. staff would submit a joint powers agreement and work with the owners of Holly Center on how the costs would be assessed. She stated that the terms and rates need to be worked out. MOTION by Councilman Schneider to waive the reading and approve the � ordinance on first reading with the following stipulations: (1) Rottlund Homes, Inc. shall develop the property in conformance to the site plan dated February 26, 1996. The petitioner shall also comply with the stipulations of P.S, #95-01 and SAV #95-02p (2) the Mississippi Street/Third Street intersection shall be reconstructed in accordance with the design as generally depicted on the proposed site plan dated February 26, 1996 which may be further detailed in a Joint powers Agreement with Anoka County and the Crty, or amended by County or City staff. It is understood that the cost of con- struction of the improved intersection will be divided equally be- tween the petitioner, Anoka County, Fridley HRAo and the property owner of Holly Center. The petitioner shall obtain the appropriate permits for work within the Anoka County right-of-way; (3) Rottlund Homes, Inc. shall execute a landscape easement and maintenance agreement with RAO Manufacturing prior to grading the property. A copy of the agreement shall be submitted for staff approval prior to execution. The agreement shall require Rottlund to install an eight foot fence and coordinate grade elevations with RAO for proper drainage; (4) a$60,000 performance bond shall be submitted prior to the initiation of grading to insure installation and main- tenance of the proposed landscaping as approved by the City Council. The performance bond shall remain in force through one growing season of vegetation proposed in the plan; (5) the developer shall install the landscaping and fencinq treatments as � proposed in the plan dated February 27, 1996; (6) ornamental metal fencinq with alternating brick-stone columns shall be installed � � � FRIDLEY CITY COUNCIL MEETING OF MAFtCH 4, i996 PAGE 16 along University Avenue subject to the requirements of MnDOT, Minnegasco, and City staff; (7) Rottlund Homes, Inc. shall obtain any necessary permits from MnDOT regarding fencing, utilities, grading, or other issues; (8) the entry features shall be installed according to the plan prepared by Arteka dated April 20, 1995; (9) Rottlund Homes, Inc. shall install the improvements in the public/ private plaza as specified in the Public/Private Plaza/Park Psea Revised Concept Plan dated February 27, 1996. Three additional benches shall be included in the plan; (10) all utility boxes or other minor accessory structures shall be properly screened with vegetation or decorative fencing, per the rules of the utility companies and the City of Fridley; (11J the petitioner sha11 install all light standards as shown on the site plan dated February 26, 1996 including the 25 foot NSP light standards. Additional single globe light standards shall be installed in the southeast part of the site for the attached units, depending on the photometric needs of the driveway areas. Pedestrian height light standards (six feet} shall be installed through the plaza area; (12) the units shall be constructed in accordance with the archi- tectural plans dated February 29, 1996, or as amended by the HRA; (13) Vision 2000 windows or an equivalent approved by the City shall be installed in all units; (14) Rottlund Homes, Inc. shall enter into a development contract with the Fridley Housing and Redevelopment Authority and shall comply with all o� its provisions; (15) at least one-third of the units on the west side of Thirci Street shall be specifically marketed to seniors at a value between $90,000 to $110,000 and shall be one-story in height. The remaining two-thirds shall be divided between $110,000 and $120,000, and $120,000 and above; and (16) the units on the west side of Third Street (village homes) shall be constructed so as to avoid the same buildinq elevation being constructed immediately ad�acent to one another. Seconded by Councilwoman Bolkcom. Councilman Billings stated that at the public hearing he indicated he would not feel comfortable with the first reading of this ordi- nance until after the development agreement and any other agree- ments are worked out so he would know there would not be any changes. He stated that if there is not a motion to table he would abstain from voting on this motion. Councilwoman Jorgenson asked how it affects the time table if this is not approved this evening. Ms. Dacy stated that a number of items would have to be scheduled for the March 18 meeting. , FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE i7 Councilman Schneicler stated that he assumed this ordinance would not have a second reading until the development agreement is signed. Ms. Dacy stated it is anticipated that the HAA will approve the plans on March 14, and all that needs to be done is some minor changes to the development agreement before it is signed. She stated that the second reading of this rezoning ordinance would be the final item and probably would be before Council in Aprila Councilman Schneider questioned the risk of having the first reading of this rezoning ordinance assuming that there are no ma�or issues. NIr. Knaak, City Attorney, stated that there would be no real harm provided it is the practice of Council to have the discretion of not approving the ordinance on the second reading. He stated that in some cities the second reading is considered a formality, but that is not the case in Fridley. He stated that there would be no harm in proceeding with the first reading of the ordinance at this point. � Ms. Dacy stated that Between now and the happy to follow up this is appropriate approval. � there is a concern on Stipulations 15 and 16. second reading of the ordinance she would be with additional information if Council feels or wants to make that a condition of the Mayor Nee questioned if that gives them any claim on receiving a second reading if the petitioner receives a favorable first reading of this ordinance. Mr. Knaak stated that it does not give them any claim particularly where the second reading in Fridley has not been a mere formality. He stated that the practice the City follows is multiple readings, and the entire process deals with Council's discretion as a legislative body. UPON A ROLL CALL VOTE, Councilman Schneider, Councilwoman Bolkcom, Councilwoman Jorqenson, and Mayor Nee voted in favor of the motion. Councilman Billings abstained from voting on the motion. Mayor Nee declared the motion carried by a four to one vote. ERIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 18 � 13a FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 Ok' THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUESTo SAV #95-02, BY THE ROTTLUND COMPANY, INC., GENERAI�LY LOCATED SQUTH OF MISSISSIPPI STREET� WEST OF UNIVERSITY AVENiJE, AND NORTH OF SATELLITE TTi.ic'1 /r.innrl � \ . MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading with the following stipulations: (1) Rottlund Homes, Inc. shall record any utility easements as re- quested by the utility companies, either on the plat or by separate document; and (2) compliance with the stipulations of rezoning request, ZOA #95-01 and plat request, P.S. #95-01. Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion, Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. 14. RESOLUTION N0. 17-1996 APPROVING PLAT REQUEST, P.S. #95-01, CHRISTENSON CROSSING (BY THE ROTTLUND COMPANY, INC. GENERALLY LOCATED 50UTH OF MISSISSIPPI STREET, WEST OF UNIVERSITY � Councilwoman Bolkcom asked if the rezoning and vacation can be changed if Council adopts this resolution. Ms. Dacy, Community Development Director, stated that approval of the plat does not dictate what is contained in the vacation and rezoning. Councilman Schneider stated that he is comfortable with approving the plat, but he had a concern if there were other obstacles, Mr. Knaak stated that there is no reason not to proceed a� this point. He stated that there is still sufficient control so that the City's interests are protected. Ms. Dacy stated that Councilman Billings' questioned Stipulation 2e, and this could be amended as part of the motion. Councilman Billings stated that this was the reason he did not want to take action until all documents are completed. He stated that he does not feel comfortable with writing corrections and offering amendments. � Ms. Dacy stated that she understood Councilman Billings wished to include language that future improvements or replacement of � � � FRIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 PAGE 19 plantings sha11 be approved by the City prior to installation by the homeowners association. Ms. Dacy stated that staff is attempting to obtain all the approvals regarding the land use and platting so this can be submitted to the HRA. She stated that way the HRA has all the stipulations to finalize the development agreement and to start on the process for the intersection improvements. She stated that if the plat is not approved staff, is taking the risk of proceedinq without Council's approval. She stated that Council is approving the plat and authorizing the Mayor and City Manager to sign it, but if anything goes wrong it would not be filed. She stated that this is no different than other developments in the past. She stated that staff tried to package everything and left the second and final reading of the rezoning until all other agreements were approved. Mr. Knaak stated that perhaps Council could satisfy Councilman Billings` concerns with Stipulation 2e by focusing on Stipulation 2h and adding the words, "in its discretion'° after the word "Fridley" in line 1 and in line 4 after the word "maintenance," insert the words "as determined by the City." MOTION by Councilman 5chneider to adopt Resolution No. 17-1996, with the following stipulations attached as Exhibit A: (1) the petitioner shall enter into and record against the property the development agreement with the HRA. The petitioner shall comply with its requirements including, but not limited to the following stipulations: (a) the developer shall construct Third Street and utilities in accordance with the City of Fridley Engineering standards and specifications; (b) the developer shall submit a performance or subdivision bond in the amount of 125 percent of the improvement cost to ensure proper installation of the street and public utilities; (c) the petitioner shall obtain the Minnesota Pollution Control Agency permit for storm water management prior to grading on the property. The petitioner shall comply with the requirements of the MPCA permit; (d) the site shall be graded according to the grading plan dated February 2, 1996; (e) the petitioner shall pay $325/unit as park dedication fees; (f) utility lines shall be designed according to the City of Fridley's engineering standards and requirements. The City shall inspect the construction of the utilities. A plan and profile drawing of the sanitary sewer and water mains shall be submitted; and (g) the utility plan dated February 27, 1996 shall be amended to include another fire hydrant in the southeast corner of the site. (2) Rottlund Homes shall record the appropriate condominium declaration in compliance with State Statute 515A and the � � � FRIDLEY CITY COUNCIL MEETING OF MP.RCH 4, 1996 PAGE 20 appropriate townhome association documents. The documents shall include, and the petitioner shall comply with, the following stipulations: {a) the association shall be responsible for the plowing, maintenance, and repair of the private driveways, streets, and bikewaylwalkways. The declaration shall permit emergency vehicle access; (b) the private streets shall be signed °'No Parking" as required by the Fire Department; (c) the association shall be responsible for the operation, maintenance and repair of the storm water system, and shall execute a storm water pond agreement. The pond agreement shall be recorded against the property; (d) the association shall flush the hydrants in accordance with City policies, or permit the Public Works Department to perform the flushing; (e) the association sha11 be responsible for the maintenance and/or repair of the landscapinq, entrance monuments, buffer treatments, light standards, and the plaza area in the northeast corner of the site; (f) the condominium and townhome documents shall include the final plan of the pro�ect as approved by the City Council; (g) the condominium declaration shall require the association to repair and maintain private water and sewer lines; (h) the documents shall permit the City of Fridley to access the property after appropriate notification to complete repairs and assess the cost of the property against the association if appropriate maintenance is not completed. Repairs include work on utilrties, streets, bikeway/ walkways, plaza areas, fencing, and landscaping; (i) the condominium declaration shall include language preventing owners from owning more than two units in the development for rental purposes; and (j) the documents shall require that hydrants be visible and kept clear of snow or obstructions. (3) the petitioner shall record an easement permitting publzc access over the bikeway/walkways, sidewalk, and the public/private plaza area; (4) an easement shall be recorcled in the northeast corner of the plat which provides the City of Fridley access and the ability to construct an underpass or overpass; {5) the petitioner sha11 comply with the requirements of the Fire Department as specified in Richard Larson's memorandum dated March 21, 1995; and I6) Rottlund Homes, Inc. shall comply with the stipulations of ZOA #95-01 and SAV #95-02. Seconded by Councilwoman Bolkcom. MOTION by Councilman Schneider to amend the above motion by changing the amount in Stipulation le from $325/unit to $375/unit. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to amend the above motion by chanqing Stipulation 2h to read as follows: (h) the documents � ERIDLEY CITY COUNCIL MEETING OF MARCH 4, 1996 shall permit the City of Fridley, in its discretion, to access the property after appropriate notification to complete repairs and assess the cost of the property against the association if appro- priate maintenance, as determined by the City, is not completed. Repairs include work on utilities, streets, bikewayiwalkways, plaza areas, fencing, and landscaping. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A ROLL CALL VOTE ON THE MAIN MOTION, Councilman Schneidero Councilwoman Bolkcom, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. 15. INFORMAL STATUS REPQRTS: Mr. Burns, City Manager, stated that he would like to discuss the commemorative memorial during the conference session. Councilwoman Bolkcom noted that The Zone hosted a battle of the bands which three hundred youth attended. She stated it is hoped � that there will be two more of these contests and prizes awarded from funds provided by the Minnesota Parks and Recreation Association. She stated that the champion would be at the showmobile this summer at Moore Lake. 1 Councilwoman Jorgenson stated that all those who participated in the battle of the bands were local persons. Mr. Burns stated John Murzyn Hall attended. ADJOURNMENT: that there was a historical program last week at in Columbia Heights and two hundred seniors MOTION by Councilwoman Jorgenson to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Reqular Meeting of the Fridley City Council of March 4, 1996 ad�ourned at 9:35 p.me Respectfully submitted, . � � �_ � ", r ,� ?� , Carole Haddad Secretary to the City Council w�( �� William S. Nee Mayor