Loading...
10/27/2003 - 00026273CITY OF FRIDLEY CITY COUNCIL MEETING MINUTES OCTOBER 27, 2003 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of September 8, 2003. APPROVED. 1. RESOLUTION NO. 54-2003 APPROVING A PLAT, PS #03-02, THEILMANN ESTATES, BY JEFFREY CRUZ, MEADOWVIEW HOMES, FOR THE PURPOSE OF CREATING 8 SINGLE FAMILY LOTS, GENERALLY LOCATED AT 1540 RICE CREEK ROAD N.E. (WARD 2). Dr. William Burns, City Manager, said Council approved the preliminary plat request made by Mr. Theilmann on March 24, 2003. Since then, the property was acquired by Mr. Jeffrey Cruz, the owner of Meadowview Homes. Staff recommended approval of the final plat, subject to the following 13 stipulations: 1. The petitioner shall obtain all necessary 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 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. The petitioner shall provide easements as required by Section 211.07.21 of the City Code; 8. The petitioner to pay $1,500 per lot park fees prior to issuance of building permits; 9. The 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; 10. The petitioner shall agree to preserve FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 2 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; 11. The petitioner shall work with existing contours of the land and preserve existing slopes to the e�tent possible; 12. 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; and 13. The petitioner shall hold a meeting with the neighborhood to go over the grading and drainage plans prior to issuance of building permit. ADOPTED RESOLUTION NO. 54-2003. 2. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THEODORE THEILMANN AND JEFFREY CRUZ FOR THE PROPERTY GENERALLY LOCATED AT 1540 RICE CREEK ROAD N.E. (WARD 2). APPROVED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THEODORE THEILMANN AND JEFFREY CRUZ. 3. MASTER PLAN AMENDMENT, MP #03-01, BY MOHAGEN/HANSEN ARCHITECTURAL GROUP, ON BEHALF OF COLUMBIA PARK MEDICAL GROUP, TO AMEND THE MASTER PLAN FOR COLUMBIA PARK MEDICAL CENTER CAMPUS TO ALLOW FOR FUTURE PARKING AND BUILDING EXPANSION, GENERALLY LOCATED AT 6341 UNIVERSITY AVENUE N.E. (WARD 1). Dr. William W. Burns, City Manager, said the amendment would allow future parking and building expansion on the property located at 6341 University Avenue N.E. The building expansion was on their property and includes two additions containing 10,521 square feet. Petitioner also wanted to restripe the parking lot, which was on City property, in a manner that would reduce the stall width from 10 feet to 9 feet. The Planning Commission approved the plan amendment subject to the understanding that the restriping could only be done for those spaces used for employee parking. This would limit the number of new spaces to 17 rather than the 32 additional spaces requested by the Petitioner. Staff recommended Council's approval. 4. APPROVE AMENDMENT TO THE COMPREHENSIVE SIGN PLAN FOR THE EAST MOORE LAKE SHOPPING PLAZA, GENERALLY LOCATED AT 1250 EAST MOORE LAKE DRIVE (WARD 2). Dr. William W. Burns, City Manager, said Council approved an amendment to the sign plan on August 25, 2003. The earlier amendment would allow lettering on the building to be increased from a maximum of 24 inches in height to a maximum of 32 inches in height. The latest amendment would accommodate the Eye Care Center by allowing signage to rise to a height of 60 inches where space above the sign band is available in a gable or peaked area. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 3 5. RESOLUTION NO. 55-2003 ORDERING PRELIMINARY PLANS, SPECIFI- CATIONS AND ESTIMATES OF THE COSTS THEREOF: NORTH PARK NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2004-1. Dr. William W. Burns, City Manager, stated that the project included Linde Drive, Regis Terrace and Regis Trail. It also included the reconstruction of the east University Avenue Service Drive between 61st Avenue and Mississippi Street. The resolution authorized preparation of preliminary plans, specifications and estimates for reconstruction of these roadways in 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 55-2003. 6. RESOLUTION NO. 56-2003 CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 2004 TAXES. Dr. William W. Burns, City Manager, said the list of delinquent accounts included a total of $115,817.08 in past due bills and penalties. All property owners had been notified and given abundant time to pay their bills. Upon approval of the resolution, the amounts would be certified to Anoka County. Property owners had an additiona130 days after adoption of the resolution to pay without further penalty. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 56-2003. 7. RESOLUTION NO. 57-2003, IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY AMERICAN LEGION, POST 303 (WARD 2). Dr. William W. Burns, City Manager, said that the American Legion, Post 303, requested a two- year e�tension of their charitable gambling permit that expired on February 28, 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 57-2003. 8. CLAIMS. APPROVED CLAIM NOS. 113830 THROUGH 113971. 9. LICENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 4 10. ESTIMATES. Bituminous Roadways, Inc. P.O. Box 86 Minneapolis, MN 55486-2119 Municipal Garage Parking Lot Overlay Project No. 343 FINAL ESTIMATE: $53,647.00 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked to remove Item No. 3 from the consent agenda to the regular agenda. No persons in the audience spoke regarding the consent agenda items. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item No. 3. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of Item No. 3. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., said he felt the increases in the utilities were unnecessary and could be absorbed by the City. He encouraged residents to vote against it. Councilmember Billings said that it was not on the 2003 ballot. He said ne�t summer Council would determine if it needed to be on the 2004 ballot. Mr. Donald Anderson, 7304 West Circle N.E., said they had a building permit and had called for an inspection and it had not yet been inspected. Mayor Lund said staff would take care of this matter. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 5 NEW BUSINESS: 3. MASTER PLAN AMENDMENT, MP #03-01, BY MOHAGEN/HANSEN ARCHITECTURAL GROUP, ON BEHALF OF COLUMBIA PARK MEDICAL GROUP, TO AMEND THE MASTER PLAN FOR COLUMBIA PARK MEDICAL CENTER CAMPUS TO ALLOW FOR FUTURE PARKING AND BUILDING EXPANSION, GENERALLY LOCATED AT 6341 UNIVERSITY AVENUE N.E. (WARD 1). Councilmember Bolkcom asked if the property owners agreed with the change that the parking stalls could be reduced to 9-foot widths in the employee parking areas only. She wanted to know if that gave them enough parking. Mr. Hickok, Community Development Director, said the petitioner was not comfortable with the reduction in the number of stalls as a result of having 10-foot stalls in all but the employee parking area. They felt that in order to make the project work, they needed 9-foot stalls. Staff wanted to protect the 10-foot parking stall which was recognized as being the commercial standard in the City. Dr. William W. Burns, City Manager, said they would lose 15 parking places. Mr. Hickok agreed. Councilmember Bolkcom asked if 9-foot stalls had been allowed in other areas. Mr. Hickok said it had been done through the variance process, but this was different. It was a master plan project and they had the discretion to make the modification without going through a variance. Councilmember Bolkcom asked if staff was concerned that there would be enough spots. Mr. Hickok said they were okay in space code-wise. He said they wanted to maximize their parking opportunity. He said staff was not tied to a 9-foot or 10-foot width. He said 9 feet was not an unusual width. Mr. Mark Hansen, Mohagen/Hansen Architectural Group, 1415 Wayzata Boulevard, Minneapolis, Minnesota, said they developed a site configuration and tried to maximize the number of parking spaces within the site. They developed a 9-foot parking stall and it was approved by the HRA. They brought it before the Planning Commission and they asked them to evaluate the employee parking on a 9-foot parking stall and the visitors/patients on a 10-foot stall basis. They would need to spend a lot of money to reconfigure the parking area with the proposed changes for a net gain of only 17 stalls. He said 99 percent of what his company did in terms of site development was based on 9 x 18 parking stalls. They asked that Council look at a 9-foot parking stall width. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 6 Councilmember Barnette asked how many handicapped accessible parking spaces they had and if it would be reasonable to have 10-foot spaces for handicapped parking stalls and 9 foot spaces for others. Mr. Hickok said there was a code standard for handicapped stalls and petitioner had met that standard. Mr. Hansen said it was in a preliminary stage. They wanted to have a configuration that used 9- foot spaces. Councilmember Billings said that several years ago there was a proposal to change the code requirements from 10 feet to 9 feet. At that time, the City allowed 9-foot spaces under certain circumstances. In particular, shopping centers, the City opted to stay with 10 feet. Parents trying to get children out of a car in a 9-foot stall would find it almost impossible. He asked how much consideration the clinic had actually been given to the people who would actually be using the parking spaces. Mr. Hansen said they did a lot of planning throughout the metropolitan area. He stated that 99 percent of the requirements for parking are 9 x 18 stalls. He agreed that 10 feet would be nice to have. They were trying to maximize the parking so they would be able to have the parking on- site. They were also trying to reconfigure the parking to improve the circulation and ease flow within the site. Councilmember Billings said he did not know the petitioner had a problem with the 10-foot parking stalls and asked about the 60-day requirement. Mr. Hickok said the 60-day date was November 10, 2003. Councilmember Billings said he would like to have some time to look the item over to see if there were other alternatives. MOTION to by Councilmember Billings to table this item until November 3, 2003. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS: 11. CONSIDERATION OF THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT PROJECT (CONTINUED OCTOBER 13, 2003). MOTION by Councilmember Barnette to re-open the public hearing. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Richard Pribyl, Finance Director, said the City Attorney was contacted by an attorney for one of the individuals listed on the nuisance abatement roll. They have requested that this public hearing be continued until November 3, 2003. Staff recommended that the public hearing be continued until November 3, 2003. Councilmember Bolkcom said if they continued the public hearing they could not act on the other assessments. Mr. Pribyl agreed. He said they would also recommend that the resolution be tabled until November 3, 2003. Mr. Pete Eisenzimmer, 6535 Oakley Drive N.E., asked what the nuisance abatement was. Mayor Lund said there were code violations on three properties that were not rectified so the City had to make the corrections. The cost of the abatement would be assessed to the property owner. MOTION by Councilmember Bolkcom to continue the public hearing until November 3, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. CONSIDERATION OF THE ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 2003 — 1. 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 UNANIMOUSLY. Mr. Richard Pribyl, Finance Director, said the assessment was for the street improvement project in the Marion Hills neighborhood during 2003. The total assessed costs were $145,207.02 and 134 properties were improved. It would be assessed at $11.83 per front foot, over a period of 10 years, at 6.5 percent interest. Staff recommended that the hearing be continued until November 3, 2003, due to an error in the publication that appeared in the Sun Focus on October 9. The corrected notice was published on October 19. Staff received a written objection to the assessment from one owner at 1315 — 52"d Avenue N.E. MOTION by Mayor Lund to receive the letter from Ms. Karen Dorff, 1315 — 52"d Avenue N.E. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Billings asked what the project included. Mr. Jon Haukaas, Public Works Director, said it included repair of the sanitary sewer and water mains; storm sewers; complete reconstruction of the streets including base, asphalt, and concrete curbs; restoration of the driveways; sodding and any other small parts involved with those items. Councilmember Billings asked if the project had been completed. Mr. Haukaas said they had not finaled out the project. There were a few items left. Councilmember Billings asked what part of the project was being assessed to the property owners. Mr. Haukaas said the assessments were calculated on the installation of new concrete curb and gutter. Councilmember Billings asked if a hearing was held before the job was done. Mr. Haukaas said a hearing was held. Councilmember Billings said at that time it was estimated that it would be approximately $15.00 per front foot. Mr. Haukaas said they put together their estimated costs and raised them slightly higher and said not to exceed $15.00 per foot, so that property owners would have an idea of the cost. Councilmember Billings asked what the actual costs were for curb and gutter. Mr. Haukaas said $11.83 per foot. Councilmember Billings asked Mr. Haukaas if he had read the letter from the property owner at 1315 — 52"d Avenue N.E. Mr. Haukaas said he had. Councilmember Billings asked if the items the owners were complaining about had anything to do with the curb and gutter items. Mr. Haukaas said they did not. Councilmember Billings asked if there would be time within the contract to work with the property owner. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 9 Mr. Haukaas said they could hold the contract open. Mr. John Dorff, 1315 — 52"d Avenue N.E., said he was at the meeting on behalf of his parents, Paul and Karen Dorff. He said they had a reasonable concern that the levels of the driveway did not match and that damage could occur to the surface over time. He said the workmanship was not very good. The expansion joints in the middle of the driveway were not finished. There was crack in the driveway. If someone got hurt walking up their driveway, they would hold the City accountable for that. In part of the driveway, the cement was too thin and it ran downhill. When they pushed it up, it started to ripple so they pushed it as it started to cure. They are concerned that over the ne�t couple of winters the surface will come off. They received a letter from Johnson & Sons which said they would not warranty their work. Councilmember Billings said that the public hearing was about the curb and gutter. He said their concern was with the portion of the driveway that was poured by the City's contractor. He said the City would take a look at that. If it was determined that it was substandard work and it needed to be replaced, the City would replace it before the contract was finaled out. Mr. Dorff asked what standards the City had for concrete work. Councilmember Billings said they followed State standards. Mr. Dorff asked if they would be contacted when this issue was addressed. Mayor Lund said this was a public hearing for the curb and gutter. He indicated they would be notified of the City's decision regarding the driveway. Councilmember Bolkcom said there would be an agenda item in the future on the final payment to the contractor, so there would be another opportunity. She asked if notices could be sent again. Mr. Pribyl said the notices that were previously sent had the November 3 date on them. MOTION by Councilmember Billings to continue the public hearing until November 3, 2003. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 13. RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2003 NUISANCE ABATEMENT (TABLED OCTOBER 13, 2003). MOTION by Councilmember Bolkcom to table the resolution until November 3, 2003. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. RESOLUTION NO. 58-2003 ADOPTING THE ASSESSMENT FOR THE 2002 STREET IMPROVEMENT PROJECT NO. ST. 2002 — 1(TABLED OCTOBER 13, 2003 . MOTION by Councilmember Bolkcom to remove the resolution from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Richard Pribyl, Finance Director, said this project was in the Edgewater Gardens neighborhood. The assessed costs were $109,897.52 and 94 properties were involved. The assessed costs were $12.90 per front foot and the assessment would be for a period of 10 years at 6.5% interest. Staff recommended Council's approval. MOTION by Councilmember Bolkcom to receive a letter dated October 15, 2003, to Mr. and Mrs. John Toedter from Mr. Jon H. Haukaas, Director of Public Works. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to receive a letter dated October 15, 2003, to Mr. Donald Holien and Mrs. Mary ReVoir from Mr. Jon H. Haukaas, Director of Public Works. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked Mr. Haukaas to summarize Mr. Toedter's case. Mr. Jon Haukaas, Public Works Director, said Mr. Toedter had several questions about the assessment process and the public's involvement. It was determined that he had moved into his home after the public involvement had already occurred. Another question was where the assessment letter had been sent. They found out that the closing date and the date on which the pending assessments were certified was one day different and it may have been something that was missed by his closing company. In addition, there was some concern that some of the most recent notification of the final public hearings were sent to his prior address. They found that the Anoka County Recorder's Office still had the prior address listed as the property owner's address. He said they used the records at Anoka County for their mailings. Councilmember Bolkcom asked if he had spoken with Mr. Toedter. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 11 Mr. Haukaas replied that he had not since the letter. Councilmember Bolkcom explained the normal process for an improvement project. Mr. Haukaas agreed and said there were several steps throughout the process. Councilmember Bolkcom asked if he had received a response to his letter. Mr. Haukaas said he had not been contacted. Councilmember Barnette asked when Mr. Taylor closed on his home. Councilmember Bolkcom replied Apri126, 2002. Councilmember Barnette asked if the closing company had a responsibility at closing to notify the buyer of the present assessments. Attorney Knaak said it would be one of the responsibilities of the closing company. Councilmember Barnette asked if that happened. Mr. Haukaas said he brought it to their attention. Councilmember Bolkcom asked if someone could call the City and ask for that information. Mr. Haukaas said they could. MOTION by Councilmember Bolkcom to adopt Resolution No. 58-2003. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 15. PRELIMINARY PLAT REQUEST, PS #03-07, BY MICHAEL JUAIRE, PMJ GROUP, INC., TO REPLAT PROPERTY TO ACCOMMODATE A FOUR-UNIT TOWNHOME DEVELOPMENT, GENERALLY LOCATED TA 1215 NORTON AVENUE N.E. (WARD 2). Mr. Scott Hickok, Community Development Director, said the PMJ Group made a request to replat property at 1215 Norton Avenue to create five separate lots in order to construct a four- unit, owner-occupied townhome building. This was the fourth plat submitted by Mr. Juaire for a townhome development on Norton Avenue. Mr. Juaire indicated that it would be his last plat request on Norton Avenue. The property was zoned as multi-family. The existing home and garage were constructed prior to 1949 and would be removed to accommodate the proposed FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 12 townhome development. City Code required that lots zoned R-3 multiple family have a minimum lot area of 15,000 square feet for a four-unit building. The subject property was 17,419 square feet. The proposed development also met the setback and lot coverage requirements. He said it was a five-lot plat, with four lots for the four units and one for the area surrounding the townhouse development, which was owned in common by the four owners. Mr. Hickok said at previous Council meetings, there had been some discussion from neighbors regarding the zoning of Norton Avenue. The block was rezoned from R-1, Single Family, to R-3, Multi-Family in August, 1963. The petitioner, Mr. George Norton, said it was the only remaining residential portion of the area, and he wished to rezone the property so that the full value of the property could be obtained. The Comprehensive Plan designated the 2020 future land use for this area as redevelopment. The Norton Avenue block was categorized under Redevelopment Area No. 1 in the Comprehensive Plan. The redevelopment section did not specify that the area should be used for anything other than multi-family. The intent of the 1963 rezoning was to accommodate multi-family use in this neighborhood. The townhome developments were consistent with the decisions made by the City Council forty years ago. Mr. Hickok said the City Code stated that construction hours were between 7:00 a.m. and 9:00 p.m., Monday through Friday; and between the hours of 9:00 a.m. through 9:00 p.m. on Saturdays and legal holidays. Any work done on Sundays was unlawful. A citation was issued to the developer and the contractor for Sunday work. Mr. Hickok said the Planning Commission recommended approval of the plat request with 14 stipulations which he outlined. Staff recommended approval of the preliminary plat request. Councilmember Barnette asked if the City or HRA had anything to do with the development of this area other than the rezoning forty years ago. He also asked if the City made any offers through the developer or anyone else in that regard. Mr. Hickok answered no. Councilmember Barnette asked if the homeowners of the properties acquired by Mr. Juaire were willing sellers and if there was any influence on the part of the City applied to the homeowners to sell. Mr. Hickok answered no. Mr. Matt Prater, 1215 Norton Avenue, said he was the homeowner and he was not coerced or pushed in any manner and was quite willing to sell his property to Mr. Juaire. Ms. Cindy Mabel, 1214 Norton Avenue N.E., said she lived in the house directly across the street from the property. She said the only reason Mr. Norton came before the City Council 40 years ago was because they wanted to rent out the upstairs of the home. She did not think history should be rewritten in this manner. She asked why she did not receive written notice when the Comprehensive Plan was written in the fall of 1999 and approved in the spring of 2000. She FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 13 indicated she spent $12,000 to have repairs done on her house that she would have not spent had she known her house was in a redevelopment area. Councilmember Bolkcom asked if the Planning Commission held meetings when they were working on the Comprehensive Plan. She said Ms. Mabel would have received a letter in the mail. Ms. Mabel said she did not receive a letter. Mr. Hickok said a card was sent out. In 1996, the City was divided into planning districts, and the districts were defined by geographic parameters. He said they made a diligent effort to bring everyone involved into the process. Mayor Lund said he thought there were meetings held at the Community Center. Ms. Mabel said remembered those meetings, but she did not go. She wanted to know why after the Comprehensive Plan was written and after the decision was made that Norton Avenue was part of the redevelopment project the citizens were not informed. Mayor Lund said it was available to any resident to look at. He said the City tried to get the information out. Ms. Mabel said last February there were 10 houses, 11 double bungalows and an 8-plex on the street. If Council approved the request, there would be 3 single family houses, 11 double bungalows, an 8-plex and 22 townhouses. The Comprehensive Plan stated that the character of a neighborhood should be preserved. The area has totally changed. The trees are gone. There used to be big yards and modest houses. The trees will be removed across the street. They have had to put up with a tremendous amount of disruption. The power and water have been turned off twice. She lost telephone service for four days. There have been dirty roads, noise, and blocked driveways and mail boxes. Her yard waste was not picked up because the truck could not get to her yard. There were many calls to the Police Department. She had copies of seven police reports. Ms. Mabel said that at the Planning Commission meeting on October 15, 2003, Mr. Hickok said that Mr. Juaire had one citation. Mr. Juaire was asked what he planned to do about the violation. He said that on September 12, he sent a fax to all of his subcontractors and told them not to break any City Codes. An incident occurred 16 days later in which a subcontractor stated he was not aware that they could not work on Sunday. She said that several police reports indicated that information was sent to Mr. Hickok She asked why Mr. Hickok made the decision on who got a citation and why more had not been issued. It was her understanding that this developer got his license in Fridley on January 6, and it had to be renewed annually. She asked if his license would be renewed in January, 2004. Councilmember Wolfe asked if Mr. Hickok made the determination on citations. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 14 Mr. Hickok said there were different areas to the City Code. One of the police reports talked about violations of roadway equipment. A citation was issued at that time. The Police Department was not typically involved in the area of the building code or code enforcement outlined in Chapter 205 of the zoning code. They tried to gather as much information as they could and submitted it to his department and they made a determination of whether a violation had occurred. He said two citations had been issued for sheet rocking. An abatement hearing was scheduled for November 13 for a sheet rock contractor and this developer. He was not the person who made the decision on the citations issued. He supervised the enforcement of Chapters 205 and 206 of the City Code. Councilmember Wolfe asked if Mr. Juaire was being fined for the violations. Mr. Hickok said citations would be issued. The fine would be determined by the Court. Through a recent amendment, he could be fined $1,000 per violation. Dr. Burns, City Manager, said there was also potential jail time. Mr. Hickok said there was up to 90 days. Councilmember Wolfe said something needed to be done. Councilmember Bolkcom asked if a citation would be issued to the subcontractor who was found working on Sunday. Mr. Hickok said he spoke with the police officer involved, and told him that the contractors could not work on Sunday at all. There was no special permit. He said a citation was issued to the sheet rock contractor. Councilmember Bolkcom said residents should not have to come up with dates to find out what police calls were made to a neighborhood. She asked if that was a simple process. Dr. Burns said they were having some difficulties pulling together all the different police calls. Mr. Hickok said that people were being asked to provide information to the Police Department on what day the police call was made because records are filed based on the incidents and the officer involved. If they wanted to know information involving Chapter 205 and 206, a request would be made through the City Clerk The records in the two areas are cataloged in different ways. Councilmember Bolkcom said it should not be hard to do a search. Councilmember Billings said the calls were filed by the address. If there was a report of an incident that happened on Norton Avenue, it would be hard to find information. Once the Police Department had the name of the complainant, they were able to pull up the reports. There had to be some reference point in order to pull the report. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 15 Ms. Mabel said she had specific dates and times of some incidents and there were no police reports on file. She said the police were at the site on October 18 and 19. There was no police report for October 19. Mr. Knaak said that some of the confusion may relate to the Data Practices Act. An incident report may be part of a pending investigation that may not be public at that time, but may become public later. The classification of information between the two departments could be different. The Data Privacy Act sometimes forced the City to classify the same information differently depending upon what department handled it. Mayor Lund said it may have been discretionary and the officer decided not to make a police report. Mr. Burns said he would look into this matter. Councilmember Wolfe asked if it would ultimately involve the main contractor. Mr. Hickok said they matched citations. If the sheet rock contractor got a citation, so did the developer. Councilmember Bolkcom asked if the developer's citations had anything to do with the plat request. She asked if a plat could be denied because there were any citations pending. Attorney Knaak said no. Mr. Michael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, apologized and said he was not aware that there had been a problem. He said he would be speak with the drywall contractor and tell them that those individuals could not work at the site anymore. Mayor Lund asked about the damage that was done to the street by tractors that had steel cleats. Mr. Juaire said it was his understanding that Mr. Otteson inspected the street and there was no damage. The contractor made a bad decision, but there were no steel cleats on the tractor. Mayor Lund said there was a police report with photographs that alluded that there was some damage to the street and that the police officer did some follow-up research. Mr. Juaire said the contractor made a wrong decision and had not done it since. He said he was assured that the drywall contractor's mistakes would not be repeated. Mayor Lund said they had a discussion about being neighborly and sympathetic to the concerns the residents had. It was an inconvenience to them especially when they could not get garbage picked up, contractors were parking in front of their mailboxes and there was noise at different hours. He said this was not the first time Mr. Juaire had been told. He was disappointed that Mr. Juaire had not been more considerate. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 16 Mr. Juaire said to his knowledge it was just the one contractor. Mayor Lund said they tapped into the water hydrant three times. Mr. Juaire said the third incident was by his direct subcontractor and he told him they could not do that. The first two were actually subcontractors of QWest. Councilmember Barnette said he drove to the site and there were some trucks there. He said he drove down to 1110 and 1124 Norton and noticed that there was no barrier. Mr. Juaire said agreed that there needed to be something there. Councilmember Barnette said he understood Ms. Mabel's concerns. As a contractor, the trucks needed to be there, but they had to be cognizant to where the trucks were. He said he respected the neighbors' viewpoint. Mr. Juaire said he did too and he assured Council that efforts would be increased. Councilmember Bolkcom asked how they prevented the telephone service and power from being disrupted. Mr. Juaire said the subcontractor for QWest was actually bringing main bundles of lines for the telephones. The reason the power was off was because the locates were off by four feet and someone hit a line. They stopped everything immediately and called the locate people. He said they would not be doing the same thing for 1215 Norton. Councilmember Bolkcom asked how they communicated to the residents when something like that happened. Mr. Juaire said the QWest subcontractors were not under his direction. He did not know this had happened until the ne�t day. He said he would make changes to insure that there was better communication. Councilmember Bolkcom said it would make a big difference if they could let the residents know that something had happened and what was being done to solve the problem. Mr. Matt Prater said the matter was basically a replat. There were apartments behind the property, a duplex to one side and town homes on the other side. Before that it was a single family home that had been abandoned for over eight months. He said the townhomes did fit with the neighborhood. Ms. Pam Reynolds, 1241 Norton Avenue N.E., said there were issues that have been plaguing them since February and they see them continuing until things have been straightened out. She said that as each of the projects went forward, the previous project was not completed and finished. There was a cul-de-sac at the end of Norton Avenue which had three catchbasins which were currently covered up. They could not turn around in the cul-de-sac. Ten feet had FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 17 been removed and the catchbasin was covered on both sides with gravel. The catchbasin at the back of the cul-de-sac was covered and was now about 10 feet from where it used to be. The garbage trucks and school buses could not turn around. That increased the number of vehicles turning around in their driveways. They had hoped that by bringing forth the citations, they might be able to revoke his license so that he could not build the fourth unit. She thought it was the contractor or developer's job to make sure that the contractors were hiring legal immigrants. At the last incident, the police officer indicated that one individual did not have identification. One gentleman indicated that he was in the country and working illegally. Dr. Burns said the incident was reported to the INS. Ms. Reynolds said that every day there seemed to be something else that needed to be taken care of. She asked that Council make Mr. Juaire finish what he started and clean up the cul-de-sac. They would like their neighborhood back. Councilmember Barnette asked if prior to the construction of the townhomes, the school buses and garbage trucks were able to make the turn in the cul-de-sac. Ms. Reynolds said the special needs school bus was able to make the turn. A good ten feet of the circle had been removed. It was full of mud, dirt and gravel. Both catch basins were full of rock, dirt and sand. The other one that was on the opposite side was not there. There was a construction dumpster at the 1163/1165 Norton Avenue site and the residents of Norton Manor I were using that for their garbage. The dumpsters were allowed to become too full. She asked if someone from the City could police the job sites. She asked for a response to her question about the retention pond. Councilmember Barnette asked if it was a retention pond or detention pond. Ms. Reynolds said it was supposed to send the water away. It took 15 days of the pump running continuously, which was also a violation of the City Code, for it to be dry enough to put the piping in. It ran 15 days straight, much to the surprise of the Minnesota Pollution Control Agency on the amount of the water that was dumped into the creek that should not have been. The stipulations on the original Norton Manor project included landscaping. There was a certificate of occupancy and people were living there, but it was not completed. Councilmember Barnette asked about the detention pond. He asked if it had an outlet. Mr. Jon Haukaas, Public Works Director, said the outlet went directly into Norton Creek. Councilmember Bolkcom asked how deep it was. Mr. Haukaas said he did not have the plans. Councilmember Barnette said on one end it was probably four or five feet and had rocks around it. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 18 Councilmember Bolkcom asked if there was a way for everyone to meet to discuss the issues. Mr. Hickok said they would be glad to do that. Mr. Burns addressed the City Attorney and said if there was a third citation violating working hours, what was the prospect for getting jail time for the defendant. Attorney Knaak said that would be up to the Court. If it were the intent of the City to pursue it aggressively, that could be a possibility. Mayor Lund said one or more of the neighbors had asked that the process be slowed down. He asked what the restrictions were under the 60-day rule and if the developer could be asked to hold off on the fourth project until he had demonstrated results on the other three projects. Attorney Knaak said if they tried to slow anything down, they risked an automatic approval. The City had 60 days, once a complete application was received to take some kind of final action. The City could e�tend it an additional 60 days, automatically. If they failed to act within that period of time, it was automatically approved. The issues raised at the meeting were usually enforceable under the criminal code or under the terms of any applicable development agreement. It was not the kind of penalties that would imply an ability to stop a plat. It was a separate procedure and separate process. Mayor Lund said they could add a stipulation. Attorney Knaak said that as a condition of a plat, they could not. Sometimes conditions could be added to a development agreement and made part of the overall package. Councilmember Bolkcom asked the developer if he would be agreeable to meeting with City staff and the residents. Mr. Juaire said he would willing to meet with City staff and the neighbors to address the issues individually. The occupants of the 8-plex had their own 60 or 90 gallon container from one of the local services. They were given a list of the providers for gas, electric, water, sewer and garbage. Councilmember Bolkcom asked if garbage trucks could get in. Mr. Juaire said they could. The road itself was built to street standards. He said he would talk to the residents about putting garbage into the dumpster. The wall around the retention pond was 3'/z feet per the spec. The size of the pipe in the retention pond was 16 inches. It was set above the base of the pond so that the pond would fill up to some point before going into the creek. City staff did not want a fence around the retention pond because they thought it would be unsightly. The water that was pumped was clean ground water. After the call to the MPCA, he was instructed to have tests done on the output. The results indicated there was no problem and no further action was needed. The catchbasins were covered with silt fence material and surrounded with rock to protect the storm sewer from run-off. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 19 Mayor Lund said the neighbors should not have to be policing and the taxpayers should not have to pay for policing. There have been a number of complaints and citations issued. He asked if Mr. Juaire was doing the property management. Mr. 7uaire said he was the general contractor. MOTION by Councilmember Barnette to approve Preliminary Plat Request, PS #03-07, by Michael Juaire, PMJ Group, Inc., subject to the following fourteen stipulations: 1. The final landscape plan 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 on 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 all elevations of the building plans shall be constructed using brick; 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. For architectural consistency, all windows on front elevations shall have shutters installed; 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit; 8. A utility plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit; 9. Individual services will be required for each unit; 10. A 12-foot utility and drainage easement shall be granted along the entire northern edge of the property prior to a final plat; 11. All elements of the building shall meet the current building code and be approved by the City Building Official; 12. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits; 13. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed; and 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. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING, AYE AND COUNCILMEMBER WOLFE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED. 16. INFORMAL STATUS REPORTS: Councilmember Bolkcom mentioned that Springbrook Foundation was holding a fundraiser on November 15 at St. Phillip's Church. Councilmember Bolkcom said she would like to discuss the following items after the Council meeting: 1. Andrew Cardinal's term on the Rice Creek Watershed District was up on January 17, and they were looking for people who would be interested in being considered; 2. Warming houses. Mayor Lund said that Pumpkin Night in the Park at the Springbrook Nature Center was a success. FRIDLEY CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2003 PAGE 20 ADJOURNMENT: MOTION by Councilmember Barnette to adjourn the City Council meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED. Respectfully submitted, Roberta Collins Secretary ��� �� Scott . Lund Mayor