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07/09/2001 - 00009270MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 9, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Billings, Councilmember Wolfe and Councilmember Bolkcom. MEMBERS ABSENT: None. PROCLAMATION: National Night Out - August 7, 2001 Mayor Lund stated that this event provides a unique opportunity for Fridley to join forces with other communities across the country to promote crime prevention efforts. Community partnerships, neighborhood safety awareness, and cooperation are important themes of the National Night Out program. Mayor Lund presented the proclamation to the National Night Out Advisory Board and to McGruff, the National Night Out mascot. Ms. Myra Harris, Special Projects Safety Coordinator, thanked the Council and Mayor on behalf of the Block Captains, the Fridley Police Department, and the Advisory Board. She stated that if anyone would like to participate to please call her at (763) 572-3638 for more information. Councilmember Barnette asked Ms. Harris about Fridley's past participation in the program. Ms. Harris stated that Fridley placed first in Category Four in the nation last year. The Advisory Board passed out National Night Out caps to the Council. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of June 18, 2001. APPROVED. OLD BUSINESS: 1. FIRST READING OF AN ORDINANCE AMENDING SECTION 6.06, CONTRACTS, HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS OF THE FRIDLEY CITY CHARTER (TABLED JUNE 18, 2001): Mr. Burns, City Manager, stated that this ordinance brings the City Charter up to date with the bidding requirements of Minnesota Statutes. The award of any contract amounting to more than $50,000 shall require an affirmative vote of at least four members of the City Council. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. NEW BUSINESS: 2. RECEIVE THE PLANNING COMMISSION MINUTES OF JUNE 20, 2001: RECEIVED. 3. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE PERTAINING TO RESIDENTIAL RENTAL PROPERTY LICENSE FEES: Mr. Burns, City Manager, stated that the ordinance would raise residential rental license fees by ten percent (10%). If approved, the changes will be effective for the license year beginning September 1, 2001. The fees will cover more of the cost of the licensing program. The fees have not been raised since the program's inception in 1994. Staff recommended Council's concurrence. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 4. RECEIVE BIDS AND AWARD CONTRACT ON MUNICIPAL CENTER RECARPET PROJECT NO. 339: Mr. Burns, City Manager, stated that bids were opened on June 21 and we received bids from three vendors. The low bidder was Floors by Beckers in the amount of $110,178.75. The 2001 General Capital Improvement budget identified $140,000 to recarpet the Municipal Center. The vendor passed the reference checks. Staff recommended that the contract be awarded to Floors by Beckers, Inc. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 3 RECEIVED BIDS AND AWARDED THE CONTRACT TO FLOORS BY BECKERS IN THE AMOUNT OF $110,178.75. 5. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 100141 - 100469. 6. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 7. ESTIMATES: Approved estimates as follows: Ron Kassa Construction 6005 - 250th Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 Estimate No. 3 Pearson Brothers, Inc. 240 St. Johns Street Loretto, MN 55357 Street Improvement (Sealcoat) Project No. ST. 2001 - 10 Estimate No. 1 Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001-1 Estimate No. 1 ADOPTION OF AGENDA: $ 5,906.37 $118,548.96 $96,819.25 MOTION by Councilmember Bolkcom to adopt the Agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 4 OPEN FORUM, VISITORS: Ms. Susan Okerstrom, 1601 Gardena Avenue N.E., stated that she was representing herself, Angelique Frederiksen, and Beverly Wales. They were present to discuss the lack of enforcement of an agreement signed by the City of Fridley with Steve Varichak and Jim Surdyk, regarding Plat, PS #99-03, for property located at the northwest corner of Benjamin Street and Gardena Avenue. The lots were sold to them without compliance of the sellers in the payment of all water and sewer connection fees. Mr. Varichak stated at the closing that it would be $1,500 to $2,000 to hook up those connections. The connections were never hooked up and now they were expected to finish the connections and pay for them before building. Mr. Varichak holds the position that the lots were sold "as is" and he is not responsible. Mr. Knaak, City Attorney, stated that there is a development agreement. The City was assured by Mr. Varichak's legal counsel that the matter would be taken care of. Mr. Varichak would attempt a reasonable cost-effective way of accomplishing the requirements of the agreement. That has not occurred. Mr. Varichak is refusing to do what he is contractually obligated to do. Until the conditions of the development agreement are met, technically, Mr. Varichak may not sell those lots. This matter will require additional investigation, but the City can move forward to enforce the agreement. Mayor Lund stated that Mr. Varichak was present at a Council meeting a few months ago. He thought that there was some dialogue between the attorneys. Was there anything in writing or was it all verbal communication? Mr. Knaak stated that it was verbal communication. There was some correspondence exchanged between himself and Mr. Varichak's attorney, but there was not a firm commitment. Mayor Lund stated that the plat has not been filed, but it states that they are paying taxes on those pieces of properties. Mr. Knaak stated that they are paying taxes on a parcel. That is possible if the County proceeded on the assumption that everything was going forward normally. The plat was approved conditionally but because one of those conditions has not been met, the plat is not officially accepted. Councilmember Wolfe asked if it was possible to get reimbursed for those taxes. Mr. Knaak stated that he cannot state a position but assuming this is accurate, and the City has reached a point where Mr. Haukaas was prepared to have the work done and it is done, the City would have a number of options. Mayor Lund stated that Mr. Varichak alluded to the fact that nowhere in the development agreement is a time frame mentioned. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 5 Mr. Knaak stated that the time frame was prior to the sale of the lots. A purchase agreement is a practice, but not a sale. With a warranty deed as is the case here, there are other problems outside the jurisdiction of Council to deal with. Ms. Okerstrom stated that they have had discussions with Universal Title and were told that the deed was final and filed and recorded with the County. Mr. Knaak stated that this is not an encumbrance the City imposed. It is the title company's fault. That plat is not complete or filed until all conditions have been met. Ms. Okerstrom stated that they received the statement afterwards with the purchase agreement and an exception to the title insurance, which was the developer's agreement. Mr. Knaak stated that the mortgage company would be interested in that and would probably make it nearly impossible to finance. Mr. Thorson is an excellent lawyer and you would be well advised to pursue that. Mayor Lund stated that Council could press the issue. They have given Mr. Varichak several opportunities to resolve this matter and the Public Works Director did receive bids to get the work done. Councilmember Billings stated that Item No. 10 in the letter states July 29, 2001. Ms. Okerstrom stated that it should state June 29 instead. Councilmember Billings stated that the development agreement does not have a date in it. It is questionable what to sue this developer for. The City as a plaintiff can sue him but there is no timeline. The City Attorney could look at the possibility of the City joining in as an additional plaintiff in litigation against Mr. Varichak. Ms. Okerstrom stated that according to their lawyer, it would be approximately one year should they decide to sue Mr. Varichak They would like to avoid this and have the Council do what Mr. Haukaas had originally started to do and get bids and have somebody do it. Councilmember Billings stated that lots are assessed. If this does not get paid, it goes to the taxes and the homeowners will end up paying it. Ms. Okerstrom stated that they have a contract for deed. The lot cost $66,000 and they have paid $22,000. Mayor Lund asked if the homeowners have gotten legal counsel. Ms. Okerstrom stated that they have Mr. Thorson. Mayor Lund stated that possibly their attorney, the City's attorney, and Mr. Varichak's attorney could sit down and discuss this matter. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 6 Councilmember Billings stated that there may have been criminal acts that have taken place with the warranty deed being given before the plat was complete. The City of Fridley may not have the authority to go in and put in the sewer and water and charge the property owner. The development agreement states it is the responsibility of the developer. Councilmember Bolkcom asked if the City can enforce this development agreement. Mr. Knaak stated that there are provisions in the development agreement that provide enforcement and Mr. Haukaas was relying on those. Questions have been raised about particulars but there may be a bond. Mr. Varichak may dispute this and if that is the case, it can be dealt with when the time comes. Ms. Beverly Wales, 9505 Dogwood Avenue North, stated that she is paying taxes on her lot. She purchased the lot after a divorce but now cannot build because of no water and sewer hook- up. She bought a house in Brooklyn Park She does not understand how the lots could have been sold with those requirements. She wanted to know if the City ever asked Mr. Varichak what his intentions were. Mayor Lund stated that there is an agreement, and the City is saying that there are certain things Mr. Varichak must do to fulfill his obligation. Mr. Knaak stated that there is no need to characterize Mr. Varichak's actions. The development agreement has specific terms that must be met and they have not. There are certain remedies available to the City which will be pursued. Councilmember Barnette stated that the City is not a party to the land sale. Councilmember Bolkcom stated that if the City owned the lots and sold them they would be part of the land sale. Ms. Wales stated that she paid cash for the lots to Mr. Varichak The City could enforce the development agreement and then assess the lots to the property owners. Mr. Knaak stated that is one possibility and he is reluctant to lay out the options the City has. Mr. Varichak has a copy of the agreement and so does his lawyer. They know the City's options and Ms. Wales is welcome to obtain a copy of the agreement. Ms. Okerstrom asked how quickly they could receive an answer. Mr. Knaak stated that he did not know. Ms. Okerstrom stated that they wished to occupy the house by October 15. Mr. Burns, City Manager, stated that the City could look at their options and decide immediately. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 7 Mr. Knaak stated that they could immediately look at the options and inform Mr. Varichak of their decision. Mr. Burns stated that they could not predict an exact time but they will move quickly. Ms. Okerstrom stated that they purchased those lots a year and a half ago. Had they known all this was going to happen, they would have pursued this earlier. Mayor Lund stated that Council would proceed with this matter until it is resolved. Ms. Angelique Frederiksen, 1601 Gardena Avenue N.E., owner of one of the lots, stated that she has contacted legal representation due to Mr. Varichak not fulfilling his obligation to the development agreement. MOTION by Councilmember Wolfe to accept Ms. Okerstrom's letter with the change of July 29 to June 29 in Item No. 10 on the second page. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that it is Council's consensus to direct the City Attorney to move forward and get this matter resolved. Mr. Joe Nelson, 1357 64th Avenue, stated that on behalf of Fridley citizens that own trailers, boats, snowmobiles, and jet skis, he is requesting that the city ordinance be amended that prohibits recreational vehicle parking on driveways. He said he keeps his snowmobile trailer behind the house in the summer and the travel trailer alongside the house in the winter when it is not in use. During summer he needs to keep the travel trailer on a level hard surface to keep the refrigerator in the trailer operating. Lawn parking ruins the lawn and the refrigerator in his trailer. He takes pride in his home and keeps his vehicles off the street and as many as possible in the garage. His lawn is kept neat and he has invested over $3,000 in a concrete e�tension for his driveway to accommodate his travel trailer. The City knew his intention was to keep the trailer on a hard surface. He was told recently that he could no longer use this driveway for that purpose. Because of the current ordinance, he has arranged to move the irrigation system in his yard a second time and install another $2,400 worth of concrete. The current ordinance is not enforced equally and fairly. One trailer has been in violation ten years with the axle block up and has not had tires on it for years. It is parked on a dirt driveway. The ordinance is indiscriminately enforced. Councilmember Wolfe stated that this summer he has received the most calls regarding this ordinance. He agrees wholeheartedly with Mr. Nelson and he is frustrated with the ordinance. Mr. Nelson stated that the day he got the letter, he walked down his street and there was not one person who had received a letter. He is asking the City to reconsider the ordinance. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 8 Councilmember Bolkcom stated that they are looking at that question but there are people who do not want travel trailers and boats around. Research needs to be conducted. A public hearing would have to be held. The question could possibly be put to the people in the ne�t newsletter. Councilmember Wolfe stated that if there are enough people that agree it may be amended. He would like to see something done and as long as the trailer does not block traffic he does not see it as a problem. Mayor Lund stated that it may be complicated to draw the line for what goes and what does not. He is interested in looking at this ordinance. Mr. and Mrs. Reisner, 6424 Pierce Street, stated that they keep their house in good shape and as long as their recreational vehicles do not obstruct the view of traffic this matter should be looked into. Councilmember Barnette stated that Council has agreed and will discuss this matter further. Ms. Lia Rivamonte, 6666 East River Road, stated that she wanted to invite everyone to participate in Banfill Locke Center for the Arts' Celebration of the Arts festival on Sunday, July 22 from 12:00 p.m. to 10:00 p.m. She previously spoke to Council about this festival and requested funds. Since she was denied funds, she would like Council to participate bodily and encouraged all neighbors, friends, and citizens of Fridley to attend this unique, free event. There will be art activities and hourly performances. This is a community gathering. The number for more information is 763-574-1850. Councilmember Billings stated that the State of Minnesota has laws as to what Council can donate funds to. Unless a public good can be demonstrated, public funds are restricted. Ms. Rivamonte stated that she appreciated the support and thanked Council. PUBLIC HEARINGS: 8. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 214, SIGNS, OF THE FIRDLEY CITY CODE, PERTAINING TO AUTOMATIC CHANGEABLE SIGNS (ZONING TEXT AMENDMENT, ZTA #01-01, BY DAKTRONICS, INC.): MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:25 P.M. Mr. Bolin, Planning Coordinator, stated that it was brought to their attention before the Council meeting that the petitioner wishes to postpone action on this item and would it be Council's decision whether to hold the public hearing or wait until the ne�t meeting. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 9 Mayor Lund stated that the public hearing should be held for input and direction. Mr. Bolin stated that Daktronics, Inc., a manufacturer of electronic readerboard signs, is requesting a zoning te�t amendment to remove the City's requirements that automatic changeable signs should not change a message more than once every 15 minutes. The section removed from the zoning te�t is Section 214.07. 1B. It states as follows: B. The message shall not change more than once every fifteen (15) minutes except for a sign displaying time, temperature, and/or date. Mr. Bolin stated that the major revision in 1976 by a committee made up of City officials, sign company representatives, and the local Chamber of Commerce, has been so effective that the only revisions have been to correct typos or clarify points made over the last 25 years. The section of code was reviewed in 1984 and 1988 when minor changes were made to the ordinance. At the May 16 Planning Commission meeting during the public hearing, the petitioner submitted a petition with 59 signatures requesting that that section of the sign code be eliminated. The Planning Commission denied the request citing that the special use permit process and variance process were the appropriate ways to address that question. This change would cause additional visual pollution and the frequency of changing messages is seen as a safety hazard. The case for this is not made strongly enough that it would benefit a very large number of people other than the manufacturers of the signs. Mr. Bolin stated that staff recommends concurrence with the Planning Commission. The Appeals Commission and the Council denied a request for the variance to this code section in February. MOTION by Councilmember Bolkcom to accept the petition into the record. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if business owners signed the petition. Mr. Bolin stated that it was signed by business owners and managers. Councilmember Bolkcom asked Mr. Bolin to summarize the memorandum that was attached. Mr. Bolin stated that the Planning Commission received a memorandum from the petitioner stating that the Federal Highway Administration has changed views on the changeable readerboard sign. In the first paragraph of the memorandum, the petitioner talks about states making the determination of how often the readerboard signs should change. Councilmember Bolkcom asked if Minnesota has a criteria for frequency. Mr. Bolin stated that he cannot find documentation of any criteria. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 10 MOTION by Councilmember Bolkcom to receive the memorandum from the Director of the Office of Real Estate Services of the U. S. Department of Transportation, dated July 2, 1996. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if there is any indication of other surrounding communities' criteria. Mr. Bolin stated that the research conducted at the time of the variance request did not show any other cities having time frames. Fridley is unique in the time limit and some cities do not follow any time limits at all. Councilmember Bolkcom stated that she had a discussion with a representative from the Chamber of Commerce. They wished to have this tabled tonight so they could get more information regarding MnDOT's policy. Councilmember Billings stated that one of the Planning Commission's concerns was visual pollution. He asked if there had been any other discussions. Mr. Bolin stated that there has been no other options laid out other than simply removing this section of the code. Councilmember Billings asked about the 60-day rule. Mr. Bolin stated that they have already e�tended the 60-day rule once. The end of the 120 days would be August 11. The latest to postpone this would be until the July 23 meeting. Councilmember Billings stated that the petitioner was here this evening and chose to leave and caused the process to be delayed. Council will have to vote on it without having any time to continue it any further. Mayor Lund stated that at the ne�t meeting, Council will have to explain what happened and that based on information received they may have to make a decision the same night. Councilmember Bolkcom asked Mr. Knaak if they could e�tend this for another 60 days. Mr. Knaak, City Attorney, stated that with one e�tension so far, if the petitioner is willing to acquiesce and waive any objection Council might otherwise have, it could be e�tended. This would be with consent. Mr. John Rider, salesman for AttractaSign, stated that this is a question of whether Council wants message centers in their town. They have made a lot of improvements in the actual message center in the sign code. The signs are much more affordable now. Incorporating the message center into the same square footage allowed by code would now work better. The FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 11 Fridley sign ordinance is generous and easy to work with. Changeable letters with the suction cup is not a really good answer. Councilmember Bolkcom stated that message boards are still allowed, except they do not show as many messages at one time. She does not see the public purpose being served by messages being changed more often. Mr. Rider stated that it is in the eye of the beholder but if they are going to regulate the time in between they should allow it or not allow it. Every one of the cities around Fridley allows a message center. There is no time limit whatsoever and they are not regulated. Coon Rapids, Spring Lake Park, and Moundsview allow message centers. Councilmember Bolkcom asked if there are communities that do not allow them at all. Mr. Rider stated that he cannot think of one. The machines have become more computerized and less expensive. Mayor Lund stated that there has been discussion of putting a readerboard up at City Hall rather than having the suction cup sign. Mr. Rider stated that Anoka Ramsey Community College had a suction cup message board with a catwalk and somebody fell off. They got sued. A computer is much easier to enter the message into. Councilmember Bolkcom stated that you can have a readerboard without changing the message. Mr. Rider stated that whether it changes every minute or not is not the issue. Councilmember Bolkcom stated that the hearing is regarding allowing the readerboard signs to change more than every 15 minutes. Mr. Rider stated that if the signs are not allowed to change, there is no sense in having them. MOTION by Councilmember Billings to continue the public hearing until July 23 at which time Council will allow up to 7 minutes for additional input from people who were unable to attend this evening. Seconded by Councilmember Wolfe. Councilmember Barnette asked if Councilmember Billings really wanted to limit the time for additional input. Councilmember Billings stated that he did. Council took the time to be at the meeting to discuss this matter and spent the City of Fridley's taxpayer dollars to advertise for the discussion. Councilmember Bolkcom stated that the Chamber of Commerce could not be here tonight and she is not sure why the petitioner left. She does not believe that seven minutes would be enough time for discussion. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 12 Councilmember Barnette stated that the petitioner should have stayed, but seven minutes is a little short of time. Mayor Lund stated that it is unfortunate that the petitioner left, but seven minutes may not be enough time. UPON A VOICE VOTE, COUNCILMEMBERS BILLINGS VOTING AYE, MAYOR LUND AND COUNCILMEMBERS BARNETTE, WOLFE AND BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED 4 TO 1. MOTION by Councilmember Bolkcom to continue the public hearing to July 23. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND AND COUNCILMEMBERS BARNETTE, WOLFE AND BOLKCOM VOTING AYE, AND COUNCILMEMBER BILLINGS VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED 4 TO 1. 9. CONSIDERATION OF AN ORDINANCE AMENDING SECTIONS OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSIBLE PARKING (ZONING TEXT AMENDMENT, ZTA #01-02, BY THE CITY OF FRIDLEY): MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:52 P.M. Mr. Bolin, Planning Coordinator, stated that staff is requesting a zoning te�t amendment that will update accessible parking requirements in order to comply with the Americans with Disabilities Act (ADA) as listed in Minnesota Rules, Chapter 1341. In 1990, the ADA was signed into law to protect against discrimination of people with disabilities. Fridley's ordinance pertaining to accessible parking does not reflect changes made to Minnesota Rules, as it was last updated in 1988. City Code currently requires one handicapped stall for each 50 spaces. Minnesota Rules, Chapter 1341 requires one parking spot for each 25 spaces. This will require changes to the parking sections of all zoning districts. We will be changing the definition of handicapped parking stall, accessible parking stall, and adopting the definitions in Chapter 1341 to insure that persons with disabilities have their parking needs met in Fridley and updating the City's parking ordinance for consistency with State rules. The Planning Commission approved the zoning te�t amendment and Staff recommends approval. Councilmember Billings asked if the new language in all the various zoning classifications would be that we are adopting Minnesota Rules, Chapter 1341. Mr. Bolin stated that was correct. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 13 Councilmember Billings stated that as the rules change, we will be updating our ordinances. Mr. Bolin stated that was correct. MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:56 P.M. NEW BUSINESS: 10. FIRST READING OF AN ORDINANCE TO AMEND CHAPTER 214, SIGNS, OF THE FRIDLEY CITY CODE PERTAINING TO AUTOMATIC CHANGEABLE SIGNS (ZONING TEXT AMENDMENT, ZTA #01-01, BY DAKTRONICS, INC.): MOTION by Councilmember Billings to table this item. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF THE FRIDLEY CITY CODE PERTAINING TO ACCESSIBLE PARKING (ZONING TEXT AMENDMENT, ZTA #01-02, BY THE CITY OF FRIDLEY): MOTION by Councilmember Billings waive the reading and to approve the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. PRELIMINARY PLAT REQUEST, PS #01-03, BY NEDEGAARD CONSTRUCTION CO., TO CREATE FOUR LOTS FOR SINGLE-FAMILY HOME DEVELOPMENT, GENERALLY LOCATED AT 5353 FILLMORE STREET N.E. (WARD 1): Mr. Bolin, Planning Coordinator, stated that Fridley City Code requires that lots in the R-1 zoning district be a minimum of 75 feet in width and have a minimum total lot area of 9,000 square feet. All the lots in question range in size from 77 feet to 83 feet in width and are all over the 9,000 square foot minimum. There is a British Petroleum gas line that runs across this property, and the stipulations are the result of requests by British Petroleum. Mr. Bolin stated that the public hearing at the June 20 Planning Commission meeting resulted in the unanimous approval of this plat request with stipulations. Staff recommends approval with 14 stipulations. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 14 Mr. Bruce Nedegaard, Nedegaard Construction, asked about the 14th stipulation. Councilmember Billings stated that it refers to the development agreement. Mr. Bolin stated that this stipulation outlines the developer's obligation to install utilities. Mr. Nedegaard stated that he has no problem with anything. Councilmember Barnette stated that he thinks the neighbors are looking forward to the improvement. Mr. Burns asked when construction would start and what the values of the homes would be. Mr. Nedegaard stated that construction would start as soon as they received approval. The homes would be between $275,000 and $375,000. An architect would design all the homes. MOTION by Councilmember Billings to approve PS #01-03 with the following stipulations: 1. Petitioner shall obtain all necessary building permits prior to construction. 2. Any remaining debris from demolition of existing home and any outdoor storage on site shall be removed prior to granting of the final plat. 3. Regular maintenance of the site to be done by the developer until the homes are built. 4. Grading and drainage plan to be approved by City's Engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 6. During construction, silt fencing shall be used where applicable. 7. Petitioner to pay $1,500 per lot park fees prior to issuance of building permits. 8. Petitioner shall be responsible for the installation of sewer and water service connections from property line to existing City utilities. Plan to be approved by City's Engineering department. 9. The petitioner shall agree to preserve mature trees to the e�tent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 10. Petitioner shall provide easements as shown on preliminary plat drawing. FRIDLEY CITY COUNCIL MEETING OF JULY 9, 2001 PAGE 15 11. At British Petroleum's request, petitioner shall agree to not build closer than 25 feet from the centerline of the BP Pipeline that results in a depth of less than 3 feet. 12. No soil can be removed from over the BP Pipeline that results in a depth of less than 3 feet. 13. Utilities crossing the BP Pipeline must be located below it and have a minimum clearance of 12 inches between structures. 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 final plat approval. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. INFORMAL STATUS REPORTS: Mr. Burns stated that the Chamber of Commerce is requesting to have a large concert on the parking lot of Columbia Arena. Mn/DOT Commuter Rail Station plans have been received. Staff is going to embark on a comprehensive code enforcement program for commercial/industrial property. The Metropolitan Council has a proposal for affordable housing in Fridley. Their success depends on the availability of property in the city. Councilmember Wolfe asked Mr. Hickok for more information about hard surface driveways. Mr. Hickok, Community Development Director, stated that the deadline is December 1, 2002. Staff is contacting residents this year reminding them of the deadline. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JULY 9, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:10 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor