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06/23/2003 - 00026191MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 23, 2003 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Lund, Councilmember Barnette, Councilmember Wolfe, and Councilmember Bolkcom. Councilmember Billings OTHERS PRESENT: William W. Burns, City Manager Scott Hickok, Community Development Director Frederic W. Knaak, City Attorney Jon Haukaas, Public Works Director Richard Pribyl, Finance Director Barbara Warren, Values First PRESENTATION OF VALUES FIRST 2003 COMMUNITY RECOGNITION AWARDS: Individual: Cathy Smith Community Organization: Campaign of Cheer Business: Sign Language & Golden Awards APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: City Council Meeting of May 19, 2003 City Council Meeting of June 9, 2003 APPROVED. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 2 OLD BUSINESS: 1. ORDINANCE NO. 1177 REPEALING CHAPTER 504, TAXICABS AND AMENDING CHAPTER 11, GENERAL PROVISION AND FEES, OF THE FRIDLEY CITY CODE. Dr. Burns, City Manager, stated staff recommended that Fridley cease issuing taxicab licenses. The recommendation was based on knowledge that unti12003 Fridley had only issued three to four cab licenses a year. In 2003, the City became a licensing authority with the lowest rates. At $50 for the first cab and $5 for each additional cab, the City was attracting many cab companies who came here to meet the licensing requirements of the Metropolitan Airport Commission. The City could raise the fees, but it would only drive the cab companies elsewhere. Staff thought the better solution was to give up licensing given the small amount of revenue the City gets from it. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1177 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 4, 2003. RECEIVED. 3. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE FOR THE PLAT OF LAND GENERALLY LOCATED AT 1275 NORTON AVENUE N.E. (WARD 2). APPROVED. 4. APPROVAL OF FINAL PLAT REQUEST, PS #03-03, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE CONSTRUCTION OF NEW TOWNHOMES, GENERALLY LOCATED AT 1275 NORTON AVENUE N.E. (WARD 2). APPROVED. MOTION by Councilmember Wolfe to receive and approve Resolution No. 29-2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 3 5. RESOLUTION NO. 27-2003 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2003 BUDGET FOR JANUARY THROUGH JUNE 2003. Dr. Burns, City Manager, stated the changes were the result of unbudgeted revenues and unforeseen expenditures. They included $37,718 in general fund adjustments and $431,800 in general fund capital improvement fund adjustments. All the adjustments were covered by unbudgeted donations, particularly in the case of the general fund adjustments and budget transfers. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 27-2003. 6. RECEIVE BIDS AND AWARD CONTGRACT FOR THE HICKORY DRIVE WATERMAIN PROJECT NO. 350. Dr. Burns, City Manager, stated bids from five vendors were opened on June 18. The low bid was provided by Midwest Asphalt Corporation of Minnetonka, Minnesota, in the amount of $157,380.70. While only $100,000 was budgeted for this project, another $100,000 was available from water utility funds that were budgeted for the 2003 street reconstruction project, but not needed. Staff recommended Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. CLAIMS. AUTHORIZED PAYMENT OF CLAIM NOS. 111911 THROUGH 112114. 8. LICENSES. APPROVED LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item No. 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 6. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 4 OPEN FORUM, VISITORS: Mr. Doyle Mullin, 6801 Hickory Street N.E., stated he had been on the Springbrook Nature Center Foundation Board of Directors for 30 years. He was presently the vice-chairman. They were at the meeting to show support for continuing the Springbrook Nature Center. They would very much like to meet with Council and try to explore some ways in which they could work together to continue the operation of the Springbrook Nature Center in its current configuration. Mr. Lenny Brandt, 190 Craigbrook Way, thanked Dr. Burns and stated it was a gutsy move to propose the 2004 budget cut for Springbrook Nature Center. He stated hopefully the Council would approve the budget proposal. He said years back when Springbrook Nature Center became a reality, Fridley citizens were told there would be no Fridley city funds used. Dr. Burns stated the park would remain open with roads and trails. Mayor Lund stated he believed there would be an opportunity for all parties to discuss the budget and the Springbrook Nature Center. Mr. Mullin stated the charge that the Springbrook Nature Center would be done at no cost to the City was frequently quoted by people who oppose the Nature Center. He said he went through a scrapbook that contained advertising and articles written by the newspaper that said the City had a program which employed a naturalist who was operating a nature center program outside of Springbrook Nature Center. He was headquartered at the North Innsbruck Nature Center. In 1974, the Springbrook Nature Center Foundation made a contract with the City in which they leased the Springbrook Nature Center for five years for $1. There was a documented proposal written that said the Foundation would develop a nature center at no cost. They would put a fence around it. They would build boardwalks, a building, and trails, and it would be a complete nature center ready to operate when they were done. At the end of five years they had done exactly that, at no cost to the City. It was all done through private and personal contributions, grants, corporate donations, and so on and it was all on the record. At the end of five years, when their lease expired, they handed it back to the City and said, here is your nature center as promised, and they said "thank you." At that point, they moved their naturalist program from North Innsbruck to Springbrook There were no lies and no deception. A commitment was made and a commitment was kept. The City Council decided they would select a date for a meeting and would contact Mr. Mullin. Mr. Richard Harris, 6200 Riverview Terrace, stated he was there at the request of his neighbors regarding the driveway. They wanted him to ask Council to reconsider the vote taken last December as to the maintenance and proposals for the "driveway." He said Mrs. Gibson would like to sell her home. Apparently, the real estate people told her that the pending action may cause problems with the sale of her property. Mayor Lund replied that he believed they have already been served with a lawsuit. Mr. Knaak, City Attorney, said that the matter was the subject of litigation between individuals who own property at this location and the City. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 5 Mayor Lund asked the City Attorney if he thought it be appropriate for them to reaffirm their previous action. Mr. Knaak replied that the open forum was not a time when action items were to be considered by the City Council. As an agenda item, he did not know if it would be appropriate or not. Certainly, Ms. Gibson could approach the city attorneys and seek some kind of independent settlement. That was always an option in litigation. Right now, it was his recommendation that there not be any discussion regarding this matter at this meeting. Mr. Brandt asked if the opposition would be invited to the meeting they would be scheduling on the Springbrook Nature Center. Mayor Lund replied it was a public meeting. Councilmember Barnette replied he would notify him. Ms. Nancy Jorgensen, 5730 Polk Street, asked how many lawsuits the City was involved in that they could not comment on. Mayor Lund replied, two. Mr. Potasek, 310 — 62"d Way N.E., and stated that Mrs. Gibson's attorney had requested the City Attorney respond to his proposals and it had not occurred. Mr. Knaak said he would convey anything that happened at the meeting to counsel. PUBLIC HEARING: 9. CONSIDERATION OF ALLEY PAVING PROJECT NO. ST. 2003-3. MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPEN AT 8:10 P.M. Mr. Haukaas, Public Works Director, stated this was a project to pave the last three gravel through alleys in the City. City policy in the past was to assess 100 percent to the adjoining properties. They have estimated the cost at approximately $15 per foot for those properties involved. All the proposed fronting on the alleys would be assessed whether they had a driveway or not. The reasoning was that anyone at any time could put in a driveway and use the alley. Mr. Haukaas stated the first alley was between Anoka and Arthur Streets, running from Mississippi Street to 66th Avenue. The other two alleys were between 62"d Way and 62 '/z Way, and between 62 '/z Way and 63rd Way running from East River Road to Ashton Avenue. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 6 Councilmember Bolkcom asked Mr. Haukaas how they normally notified people about public hearings other than in the paper or by passing a resolution. Mr. Haukaas replied letters were sent to each individual property notifying them of the public hearing at least 10 days in advance. He said a letter setting the public hearing went out after the last Council meeting. Councilmember Bolkcom asked him to explain why they were doing this. The alleys had been unpaved for many years. Mr. Haukaas replied this project came up as a result of discussions regarding the ordinance to pave driveways. In 1997 the ordinance to pave driveways went into effect. It gave a five-year window to get the driveways in. The five years was now up and they were finishing up the proj ect. Councilmember Bolkcom said that by having them ashpalted, they were easier to maintain and there was less erosion. Mr. Haukaas said because they were through alleys, per policy, the City would take over their maintenance. Ms. Bolkcom asked him to outline the assessment process. Mr. Haukaas replied that after the public hearing, if Council chose to go forward with the project, they would then prepare a resolution ordering final plans and then a second resolution receiving those final plans and ordering them to obtain costs for the project. Because this was a smaller project, once they had their preliminary plans completed, they were essentially the final plans. After the project was awarded, they would complete the project and then hold another public hearing on the final assessments based on actual costs. At that point, all residents involved would get a letter stating what the costs would be. Councilmember Bolkcom said they could either pay the costs or have them assessed. Mr. Haukaas replied that he believed there was a 30-day window to pay them in full. After that, they would be certified to Anoka County for the tax rolls. Councilmember Barnette said they had ten years to pay the assessment and that there was also an administrative charge. Councilmember Bolkcom said there would also be interest added on beside the administrative fee. Mr. Haukaas replied the interest would be added at whatever the current rate was at the time of certifying the assessments. Councilmember Bolkcom asked what the estimate was based on. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 7 Mr. Haukaas replied it was based on the amount of property that fronted the alley. Councilmember Bolkcom asked if anyone could call him and ask what the approximate cost would be. Mr. Haukaas said they could. Councilmember Wolfe said that $15 was the worst case scenario. Mr. Haukaas said they had not done a lot of these projects. That was a number they were comfortable with. They received one estimate that was significantly higher and one that came in lower. Councilmember Bolkcom asked Mr. Haukaas if he had received any telephone calls from anyone regarding the project. Mr. Haukaas replied they had received a couple of telephone calls, for and against. Some residents believed it would be an amenity to the neighborhood, it would make everything look much neater, and they were happy not to have to plow the alley any longer. Others were very concerned. They felt they would not ever have access to the alley and did not see a reason why they should be involved in it. Again it was not necessarily just the current residents, but any future owners could change their access. Councilmember Wolfe said it would be a nice option for rescue vehicles. Councilmember Bolkcom asked if this was the beginning of several projects that were being proposed. Mr. Haukaas replied that it was the first step. He said there were a lot of alleys in the City of Fridley. These were the only three alleys that go all the way through that had a gravel surface. The other alleys they needed to look at only went partially through, alleys that had never been built or could be built. Ms. Jacobus, 6562 Anoka Street, stated she was against paying for the alley. There were reasons why she did not think the alley should be there. She did not use it and her garage did not face it. Her house, as well as all of her neighbors' houses, have been there since the 1950's and none of them have yet to switch their garages and use the alley. On Anoka Street, they all had double lots and none of their garages faced the back They would all then pay a much greater fee if it was done by the actual footage. She did not believe they would come in at $15 a foot for the cost. She said she would have to move her fence. She said the City was not maintaining the alley right now, so it was not having a problem maintaining it. She stated it was her understanding that they were not planning on putting in an 11-foot alley. They were keeping it at 8 feet. She just did not seen any other benefit other than the plowing benefit. To pay around $2,000 so that somebody did not have to shovel or plow a few feet of the alley just did not make economic sense. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 8 Councilmember Barnette said if people currently had driveways and the City put in an alley, it would be the City's responsibility to match up the driveways to the alley. Mr. Haukaas agreed. He said the proposal would not require any fences to be removed. There was a 12-foot platted alley. They would propose to put in a 10-foot wide paved alley in the existing platted area. They would make connections to driveways. With respect to drainage, it did not look like it, but it did slope from 66th to Mississippi Street. They were going to have to lower the sidewalk at Mississippi Street about 4 to 6 inches, and it would be able to drain the entire length out to Mississippi Street. As far as the assessment, the property width was a method they had been using for a long time for street assessments and they carried it over to the alley assessments. Ms. Jacobus asked why they were given a choice last year but not this year. Mr. Haukaas said it was initiated by residents who lived on the block. He said there were a greater number of property owners who said yes, but the total footage said no. Since that time, Council reviewed the matter and chose to move forward with an alley-paving project. Councilmember Bolkcom asked about the equipment to plow the alley. Mr. Haukaas said they would use existing equipment. Mr. Richard Kedrowski, 6584 Anoka Street, stated his garage came out onto Anoka Street. He said the alley was useless to him and was something he felt he should not have to pay for. With respect to moving the fence, one of the concerns was the power poles were not in line down the alley. It created a narrow bottleneck in the middle of the alley and was a spot that could be a problem. There were also concerns about the graveUdirt runoff into the street. He was looking in his alley after a rainstorm in the morning and right now with the sand, the water tended to soak into the sand. By paving this, at some point in time, they are creating runoff into peoples' yards. It would cause problems if they change the grade to try and make this run out onto Mississippi Street. By bringing the level up in the center, they would be going above a lot of the garage floors in the center of the alley. If water pooled up, it would cause problems. Mr. Haukaas replied that because the alley was narrow they would be paving right up to the power pole, but they would still be able to do the alley without moving the pole or fences or other structures. With respect to runoff, the alley would be paved with an inverted crown. It would bring water to the center and would transport the water out to Mississippi Street. It would not push the water toward adjacent properties. They have looked at all the grades and have surveyed it thoroughly. Mr. Kedrowski said he was also concerned about the "per foot" assessment. A majority of the large, 120-foot lots are owned by the people who do not have garages off the alley. He said he was asking for just a sympathetic vote to go through and assess it on an equal basis for each person who was there, so that people who did not use the alley did not pay twice as much as the people who did. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 9 Mayor Lund asked if this would be an exception to the way it had been done in the past and if there would be any legal ramifications. Mr. Haukaas replied that assessment policies are very individualized to every city so, if that was the way they choose to assess the project, they certainly could do that. There was nothing barring them from dividing the cost equally by the 15 properties that are involved. Councilmember Barnette said he thought the argument was well taken. Councilmember Wolfe stated he liked the idea of dividing the cost by the number of houses. Councilmember Bolkcom asked if they would have to have another public hearing to change the assessing method. Attorney Knaak replied they could continue the hearing for the assessment portion with respect to this alley if they chose to do so. They have a number of options as indicated by Mr. Haukaas, but they were improving the value of the property. There was some benefit, and that benefit had to be paid for under the City's policies. The policies were in place for the purpose of apportioning that cost. If they chose to apportion it on a per capita basis, they could do that, but they would need to continue the hearing. Dr. Burns, City Manager, said as opposed to a separate public hearing notice and another hearing. Mr. Knaak said that all property owners had already been notified. Councilmember Bolkcom said she thought the notice said they would be assessed per width. There may have been other people at the meeting if they had known they were going to be assessed straight across the board. Mr. Knaak said there was always the risk that assessments would change. Mayor Lund commented that he was also interested in seeing how that would affect the other two alleys. Councilmember Barnette asked Mr. Haukaas about the two other alleys off of East River Road. He recalled that some of those houses had garages that went out to the street, not the alley. Mr. Haukaas said it was a very similar situation. Mr. Kedrowski stated in the letter that was sent, there was a line that said "all of said land to be assessed proportionately according to the benefits received by such improvement." After speaking to many of his neighbors, their understanding of that was since they were not getting any use of this alley it was not going to cost them as much. He thought there would have been more people at the meeting had they known. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 10 Councilmember Barnette asked if the residents would be notified if the hearing was continued. He thought it would be the fair thing to do. Councilmember Bolkcom stated she would like to see how the changes in the assessment would benefit the residents in that area. Mr. Lloyd, 1515 Mississippi Street N.E., stated he was involved with the alley project and felt it was no problem to divide it by the number of homeowners and spread it out. He said he appreciated the time and effort Council and Mr. Haukaas put into this. He stated if they dropped the apron going out onto Mississippi a few inches there was no way in the world that water was not going to run out of there. MOTION by Councilmember Bolkcom to continue the public hearing until July 14, 2003. Seconded by Councilmember Barnette. Councilmember Barnette asked that another letter be sent out that stated that the assessments would be done per capita/household. Mayor Lund stated he thought they heard from the City Attorney that they could table this public hearing just on the assessment portion and potentially move ahead and vote to go ahead with ordering the plans. Mr. Haukaas replied that was not necessary; the ne�t two resolutions should also be tabled. He said they would have prices at the ne�t meeting and they can move forward with everything at that time. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS 10. RESOLUTION ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF ALLEY PAVING PROJECT NO. ST. 2003-3. MOTION by Councilmember Barnette to table this resolution until July 14, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 11 11. RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND OBTRAINING QUOTES: ALLEY PAVING PROJECT NO. ST. 2003-3. MOTION by Councilmember Barnette to table this resolution until July 14, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. RESOLUTION NO. 28-2003 REVOKING THE INTOXICATING LIQUOR LICENSE FOR MN SEAN CO., DB/A SEAN' S GRILLE & PUB, LOCATED AT 8298 UNIVERSITY AVENUE N.E. (WARD 3). Mr. Pribyl, Finance Director, stated at the Council meeting of April 28, 2003, the City Council approved a conditional liquor license for Sean's based on a number of stipulations. One of those stipulations was to provide a CPA-attested monthly audited financial statement. On June 10, 2003, Sean's could not meet the condition of providing the statement for the previous month of May. On June 10, 2003, the City was made aware of notes actually posted on the doors of Sean's Grille & Pub notifying their patrons that they had in fact actually closed. Due to the fact that Sean's could not meet their requirement of providing the CPA-attested monthly statement, staff recommended that the liquor license be revoked. MOTION by Councilmember Bolkcom to adopt Resolution No. 28-2003. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. PRELIMINARY PLAT REQUEST, PS #03-04, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE CONSTRUCTION OF NEW TOWNHOMES, GENERALLY LOCATED AT 1163 AND 1175 NORTON AVENUE N.E. (WARD �• Mr. Hickok, Community Development Director, stated the plat request was being made to create seven separate lots as part of Lots 4 and 5, Auditor's Subdivision No. 89. Mr. Juaire's plan was to construct a six-unit renter occupied townhome development. This was the third plat request submitted by Mr. Juaire for a townhome development on Norton Avenue. The property was zoned R-3, Multi-Family, as were the surrounding properties to the north, east, and south. The property to the west was zoned M-1, Light Industrial. The existing home and garage were built in 1958. Both structures will be removed to accommodate the proposed townhome development. The existing home on 1163 Norton was zoned R-3, Multi-Family, as were the surrounding properties. The home was constructed in 1953 and the garage was built in 1958. Both of these structures would be removed to accommodate the new development. The City Code required that the lots in the R-3, Multi-Family, zoning district have a minimum lot area of 15,000 square feet. The property was 25,960 square feet, which exceeded the minimum requirement. The proposed townhome development also met the setback and lot coverage requirements. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 12 Mr. Hickok stated that at the May 21, 2003, Planing Commission meeting, the neighbors discussed the Comprehensive Plan, talked about construction hours and asked questions about how additional development on Norton Avenue would change the character of the neighborhood. He said the Comprehensive Plan for 2020 designated this area as redevelopment. The Planning Commission recommended approval of this request with thirteen stipulations. Staff recommended concurrence with the Planning Commission's recommendation. Ms. Cindy Mabel, 1214 Norton Avenue, stated that at the last City Council meeting the Mayor looked out at the audience and said he was surprised that none of the neighbors were at the meeting. She said she knew why. It was because they had all given up. They did not believe that the Council as a body cared about their street or what happened to it. There were big lots, many trees, and modest homes. That was the character of the street. The Comprehensive Plan stated that you had to preserve the character of the street. When they started last February before they ever heard of Mr. Juaire, their street had 10 houses, 11 duplexes, and one 8-plex. Very quickly they lost two homes and gained 8 townhomes. Many, many trees were taken out. There was be no e�tra parking. The available parking was going to be in the garage and what space was in front of it. She said how could they talk about landscaping on what little land is left. She asked if any of them had been out there to see what was going up now. According to the diagram, it looked like there would be some green space out in front, but there was not. The driveways and garages were right at the base of the street. Ms. Mabel said with respect to the neighborhood, they are now down to 8 houses, 11 duplexes, an 8-plex, and 8 townhomes. At the last meeting they approved getting rid of another house and adding 4 more townhomes. Now they are down to 7 houses, 11 duplexes, 12 townhomes, and an 8-plex. If they approved this request, they would be doing down to 5 houses, all within six months. Mr. Juaire approached the remaining 5 houses. Two of the owners told he had asked if they would sell. The people of Norton Avenue have really given up. This home was her nest egg. She had a tremendous emotional attachment to that house. She never had a house when she was a child and it meant the world to her. Ms. Mabel stated also at one of the very first meetings, they requested that somebody pay attention to the street and they asked who was going to pay for the street as it deteriorated. She said the street has deteriorated. She said her neighbors asked her to go to the meeting. She said this was the last time she would go. She asked if they could really do this and what the purpose was of the City Council. She said Council needed to consider the human element. They needed to look at the human beings involved and what was being done to their neighborhood. Mayor Lund stated Council did not bring the redevelopment plans forward. Ms. Mabel stated she would like it if Council would drive down the street and see what was going up. Mayor Lund replied he had been down her street and saw the construction at the end of the cul- de-sac. He said she was right. It did take down trees and there was more density; but it was zoned for that density. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 13 Councilmember Wolfe stated that because of the way it was zoned, a gas station or convenience store could go in. They thought townhomes would be less intrusive. Mr. Knaak said that ultimately the issue was going to be what did or did not comply with the zoning code and whether this proposal complied with the zoning code. He said that just an increase of the intensity of street use in and of itself probably would not stand up to a challenge. If there was simply a greater amount of traffic on the street but the character of the neighborhood itself hadn't change, meaning it was still residential, he did not think they would successfully uphold a negative decision. Councilmember Wolfe replied there was no question in his mind that they were definitely changing the character of the neighborhood. They were eliminating house after house after house. More duplexes. And as far as residential, it was still residential, but yet they had completely changed the neighborhood. Ms. Mabel asked if they had an obligation to provide a certain amount of low-income housing in Fridley. They had taken out two good starter homes. Those homes had been worked on up until just last year. What was being built here was going to cost people a lot more. If Mr. Juaire was going to charge what he said he was going to charge for the townhomes, they were not low income. Mayor Lund said the property owners sold those properties and they have the right to do so. A new person came in and bought the houses. He did not have to take them down and put up new structures, but obviously that was what he was buying them for. He said it was done within the zoning. He said it was not that they do not care. Ms. Mabel said the issues they brought up were not enough. Mayor Lund said that unfortunately they were not. He knew that she was frustrated and that the neighborhood was angry. Ms. Mabel asked if her house was going to be the last one there. They have taken out her whole street and neighborhood. She said Council would care if it were happening to them. Councilmember Bolkcom asked Mr. Hickok to talk about the landscaping and the greenspace and what was actually required. Mr. Hickok replied on each one of the developments that have been reviewed, there was a landscape plan that was required. In the R-3 section of the City Code, it was e�tremely specific about the relationship of building size and lot size to the amount of trees and shrubs that were to be planted and seed and sod required. Irrigation was required. R-3 development essentially had the same landscape requirements as a commercial development. Each one of these was reviewed on its own merits. It was matched against the City Code to make sure the landscaping was right. If it was not they asked for modifications. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 14 Dr. Burns, City Manager, said there was much more than landscaping in the review process. There were other things such as storm drainage and park land dedication fees and other items that were a part of the platting process. The latitude the Council exercised here in the platting process was significant. Mr. Hickok agreed. He said it was important for the audience and the speaker to know and understand that each development was reviewed on its own merits. The developer met with planning, engineering, building, assessing, fire and safety staff. Each piece of this project was analyzed as it moved forward. He said it was an R-3 development and they could ask for and include a number of stipulations to make sure they got the highest quality project possible. Mayor Lund referred to the comment on street damage. He requested that staff from time to time review that. He asked Mr. Haukaas if he could readily ascertain if there had been new damages to the street. Councilmember Bolkcom said there was a street survey that was done on all the different streets. She said he should have a condition of the street before the project ever started. Mr. Haukaas, Public Works Director, said they had a basic condition survey that was done on every street every two years. It did not go into a high level of detail but they know the general condition of the street. Mr. Michael Juaire, PMJ Group, Inc., stated he knew the neighborhood was mad. With respect to the street damage, the Assistant Director of Public Works, Layne Otteson, had been out there at least half a dozen times for various purposes and he knew on some specific occasions he had looked at the street. With respect to landscaping, there were some trees taken out of the first development. Whenever you put a new structure in, it was kind of the luck of the draw as to whether the existing trees were going to be underneath. He was required to and definitely wanted to have the properties all look nice and be attractive because he wanted the properties to be sold. He said he thought this project was an improvement to the neighborhood. MOTION by Councilmember Barnette to approve Plat Request, PS #03-04, to create seven separate lots from part of Lots 4 and 5, Auditor's Subdivision #89, in order to construct a six-unit townhome development with the following thirteen stipulations: 1. The final landscape plans shall meet Code requirements for number of and size of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. All landscaped areas shall have irrigation installed. 3. Brick type and application and elevations and other e�ternal building materials to be reviewed and approved by City staff prior to issuance of a building permit. 4. Columns shown on the right and left elevations of the building plans shall be constructed using brick. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 15 5. Shakes shown on the front and rear elevation shall be wrapped around to the right and left elevations for a consistent four-sided appearance. 6. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 7. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. Individual services will be required for each unit. 9. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to final plat. 10. All elements of the building shall meet the current building code and be approved by the City Building Official. 11. The petitioner shall pay applicable park dedication fees of $1,500 per unit prior to the issuance of any building permits. 12. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 13. 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, COUNCILMEMBER BILLINGS, COUNCILMEMBER BOLKCOM, MAYOR LUND, AND COUNCILMEMBER BARNETTE VOTING AYE, AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE BIDS AND AWARD CONTRACT FOR THE HICKORY DRIVE WATERMAIN PROJECT NO. 350. Councilmember Bolkcom said she received one telephone call from someone who asked if they were going to do anything with the storm drains in that area. When they get a hard rain, the storm drains fill up with twigs and grass and everything else. The caller asked if they were going to look at the one storm drain that appeared to be a little unusual and whether it would be corrected. Mr. Haukaas replied several parts of the storm sewer system will be impacted when they do this project and they will be reconstructed. They have looked at the grates and they will try and do FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 16 their best to change those out. Unfortunately when sticks and leaves and things like that go into them, they could not always prevent them from clogging. In certain situations where there was excessive flow, they have changed to a different style of catch basin that would take all the materials through. He concern in doing that was that it would go directly into the lake. He said they did go out and clean out catch basins on a regular basis. He said this was a low point in the road. It was always going to collect sticks, twigs and leaves. In those types of areas, they usually asked for help from the neighborhoods. They will look at the system and reconstruct it so it worked to the best of its ability. Councilmember Bolkcom asked if they would look at a different type of grate. Mr. Haukaas said they would. Councilmember Bolkcom asked what the ne�t step was because they planned on having a neighborhood informational meeting. Mr. Haukaas replied they were talking to the contractor and would set up a pre-construction meeting so they could review the schedule. They wanted to wait to have the neighborhood meeting until they had some more information. He said as soon as they found out when the pre- construction meeting would be, they would send a letter and try to schedule a neighborhood meeting shortly thereafter. By the time they had the neighborhood meeting, they would have all the information from the contractor. MOTION by Councilmember Bolkcom to receive the following bids for the Hickory Drive Watermain Project No. 350: Midwest Asphalt Corporation, $157,380.70; BNR Excavating, Inc., $169,576.00; Park Construction Company, $172,612.50; and Friedges Contracting Co., LLC, $187,723.11 and to award the bid to Midwest Asphalt Corporation in amount of $157,380.70. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. INFORMAL STATUS REPORTS Councilmember Bolkcom stated they received a letter from the Anoka County Highway Homes Program. The home at 461 Hugo, 8102 Fairmont Circle, 8114 Fairmont Circle, 7948 East River Road, and 510 Janesville Street have been rehabbed and there was going to be an open house on Sunday, July 13, from 2:00 to 4:00 at those five properties. If anyone was interested, they should contact Jennifer Bergman at 651-486-7401 or they could call and talk to City staff. Councilmember Bolkcom commended City staff on receiving an award for the newsletter by the League of Minnesota Cities. Mr. Harris said he wished to make a correction to his reference to the 62"d Street e�tension as a driveway. He wished to amend that and refer to it as a street. FRIDLEY CITY COUNCIL MEETING OF JUNE 23, 2003 PAGE 17 MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE JUNE 23, 2003, CITY COUNCIL MEETING ADJOURNED AT 9:30 P.M. Respectfully submitted, ��� �� Denise M. Letendre Scot�J.�Lund Recording Secretary Mayor