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07/26/2010 - 29314CITY COUNCIL MEETING CITY OF FRIDLEY JULY 26, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Richard Pribyl, Finance Director Joe Krauter, 6175 Briardale Court NE Chris Clos, A-Abco Fridley Auto Parts APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 12, 2010. APPROVED. NEW BUSINESS: 1. Variance Request, VAR #10-02, by A-Abco Fridley Auto Parts, to Increase the Fence Height Requirement from 8 Feet to 10 Feet for the Purpose of Screening the Storage of Vehicles and Equipment Related to a Junk Yard Operation in an Industrial District, Generally Located at 1201 — 73 1/2 Avenue N.E. (Ward 2). William Burns, City Manager, said that A-Abco recently purchased the salvage yard property previously owned by Central Auto Parts. As Central Auto Parts vacated the property, they removed the existing 8-foot screening fence used to screen the salvage yard operation from the public right-of-way. This left the property open to trespass. A-Abco then filed plans with the City's Chief Building Official and proceeded to construct a 10' high wood fence. A-Abco did this with the understanding that a variance would be needed for a 10 foot fence. A-Abco also understood that if they could not get the variance, they would need to cut the fence down to 8 FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 2 feet. The Appeals Commission approved the variance at their July 7 meeting. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Resolution to Vacate and Dedicate Portions of Drainage and Utility Easements that Exist in Parcels of Land Located at 6352 Central Avenue and 1271 East Moore Lake Drive N.E. for the Purpose of Constructing a Senior Living Facility (Ward 2). William Burns, City Manager, said that Staff has been working with the engineer from Faulkner Construction to adjust drainage and utility easements necessary for the construction of the first phase of an assisted living facility on Old Central Avenue. These adjustments were needed to make way for construction of 40 units of assisted living. Faulkner's engineer has provided the drawing of these adjustments found on page 19 of tonight's agenda. The Planning Commission reviewed the proposed easements at their July 21 meeting and unanimously recommended approval. Staff recommends Council's concurrence. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Claims (146919 - 147092) THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Licenses THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Estimates APPROVED THE FOLLOWING ESTIMATE: Concrete Idea, Inc. 13961 — 44th Lane N.E. St. Michael, MN 55376 Miscellaneous Concrete Repair EstimateNo. 3 ......................................................................................... $ 3,462.76 FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 1, 2, 3, and 4 be removed from the consent agenda.. MOTION by Councilmember Bolkcom to approve the Consent Agenda with the removal of Item Nos. 1, 2, 3, and 4. Seconded by Councilmember Varichak. 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 Nos. 1, 2, 3, 4 and the Resolution in Support of an Application for a Minnesota Lawful Gambling Premises Permit for the Lions Club of Fridley at the Shorewood Restaurant. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Joe Krauter, 6175 Briardale Court NE, said he has lived in Fridley for 25 years and his neighbor's driveway across the street is becoming a used car lot. There are sometimes four cars in the driveway and two out on the street. The neighbor may be running a business out of his home by working on cars in his garage. The cars are not from visitors and some do not have license plates on them. This issue has been brought to the attention of the Community Development staff. Scott Hickok, Community Development Director, said he is aware of the issue and staff is in the process of investigating the situation. Mayor Lund said staff will research the issue and get back to Mr. Krauter. Mr. Krauter had another issue to discuss. Currently in their cul-de-sac there are 12 homeowners. Eight people use ACE for their garbage collection, two use Walter's and 2 use BFI. He is trying to get all 12 homeowners to use ACE for their collection. Currently six trucks enter the cul-de-sac every single Wednesday for garbage collection and he is concerned about the heavy traffic damaging the newly paved streets. Mayor Lund said recently there was an article in the City newsletter regarding this issue. Currently, the Environmental Quality & Energy Commission is researching this possibility and will come forward with a recommendation to Council. It is unlikely, however, nothing will happen until January. Surveys have been taken regarding organized waste collection and many responses were in favor of it but those who are opposed are very strongly opposed because of FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 4 free enterprise. Another alternative is to charge garbage haulers their share of the cost of maintaining and repairing roadways. This will be a long process. Councilmember Bolkcom said at the last meeting there was a public hearing scheduled related to the demolition at 1280 52"d Avenue NE. She asked for an update. Mayor Lund said that the public hearing notice did not get posted in a timely manner. The public hearing will be held on August 9. Mr. Hickok, Community Development Director, said he will be out of town on August 9 and would prefer to be at the public hearing so it will be held on August 23. William Burns, City Manager, said the home is down and just the foundation needs to be demolished. Councilmember Bolkcom asked if there is a safety issue. Mr. Hickok answered no, security tape is up and the homeowner is aware the site needs to be secure. NEW BUSINESS: 1. Variance Request, VAR #10-02, by A-Abco Fridley Auto Parts, to Increase the Fence Height Requirement from 8 Feet to 10 Feet for the Purpose of Screening the Storage of Vehicles and Equipment Related to a Junk Yard Operation in an Industrial District, Generally Located at 1201— 73 �/z Avenue N.E. (Ward 2) Mayor Lund said the City does not like to see people doing work prior to requesting a variance. Chris Clos, A-Abco Fridley Auto Parts, said if the variance does not pass, they will cut the fence down to the desired height. Mayor Lund said he realizes they may be in a hurry to secure the site. He asked what the plan was for the fence around the site. Some portions are done and others have no fence. Mr. Clos said the entire site will be done, but they are working in 20 foot sections. They are currently working on the east side. The west side will be the last side to be constructed. Mayor Lund asked if the intent was to replace all of the fencing. Mr. Clos answered yes. Mayor Lund said some trees were removed to put in the fence because of a curve in the driveway. There is a stipulation to replace the trees and he noticed that today some small trees were planted. He said that the trees that were planted may not survive and asked for trees to be FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 5 planted that are 2 to 2.5" round 6" above the ball of the tree. He asked them to stay away from Ash and Cottonwood trees. Councilmember Saefke noted a typo on stipulation number 5: change matter to manner. He also noted that in the minutes from the Appeals Commission meeting Mr. Clos' name is misspelled. Councilmember Varichak asked why they changed the height of the fence request from 10 '/z feet to 10 feet. Mr. Clos said that they wanted to comply with City recommendations. Mayor Lund said the fence looked like it was constructed in a way that if the variance did not pass, they could cut down 2 feet of the fence. Mr. Clos said correct. MOTION by Councilmember Varichak to approve Variance Request, VAR #10-02, by A-Abco Fridley Auto Parts, to Increase the Fence Height Requirement from 8 Feet to 10 Feet for the Purpose of Screening the Storage of Vehicles and Equipment Related to a Junk Yard Operation in an Industrial District, Generally Located at 1201 — 73 '/z Avenue N.E. (Ward 2) with the following seven stipulations: 1. Fence type and material shall match that of the A-ABCO future fence that is required as part of A-ABCO's special use permit. 2. All gates shall allow simplicity of closure so that when an item, person or vehicle has passed through the gate it can be easily closed. 3. Gates to remain closed, except when open for a specific item, person or vehicle to pass through. 4. Fence on the east, west, and south sides of former Central Auto Parts site shall be removed and replaced with fence material consistent with that in the plans submitted to and approved by the building department. 5. Nothing can be stored above the fence or in a manner that can be seen from outside of the fence. FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 6 6. Any and all graffiti that may be placed on the fence shall be removed by the property owner within 2 business days of its placement. 7. Lawn and plant material outside of fence shall be mowed, maintained and kept vital through use of in-ground irrigation system. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY PUBLIC HEARING: 2. Resolution to Vacate and Dedicate Portions of Drainage and Utility Easements that Exist in Parcels of Land Located at 6352 Central avenue and 1271 East Moore Lake Drive N.E. for the Purpose of Constructing a Senior Living Facility (Ward 2) MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPENED AT 8:05 PM. Scott Hickok, Community Development Director, said Faulkner Construction Inc., was recently granted a Master Plan Amendment for the properties located at 6352 Central Avenue and 1271 East Moore Lake Drive, to allow the construction of an assisted living and memory care facility. The project is proposed to be done in two phases, with the building on Central Avenue to be constructed first and the building on East Moore Lake Drive to be constructed second. Mr. Hickok said while preparing civil engineering plans for the subject properties, it was determined that there are utilities that will need to be moved on site and associated portions of easements that will need to be vacated to make way for construction of the proposed buildings. New descriptions of easements will then define exactly what remains on the site for the drainage and utility easements. This discovery led to discussion and collaboration between the petitioner's Civil Engineer and the City Engineer to assure the buildings could still be built, while allowing enough easement area to remain to serve both the private property and City interests. Mr. Hickok said that the HRA closed on the sale of its property to Faulkner Development on Tuesday, July 6, 2010. On Monday, July 19, 2010, Faulkner closed on the bank financing for the entire project. It is anticipated that once the land closing happens, tree removal and soil corrections will soon commence. FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 7 Mr. Hickok said the Planning Commission reviewed the proposed vacation request at their July 21, 2010 Planning Commission meeting. After a brief discussion, they recommended approval. Staff recommends approval of SAV #10-02 as proposed in the easement exhibit prepared by Jason F. Rud, E.G. Rud & Sons, Inc., approved by our engineering staff, and dated July 6, 2010. Councilmember Barnette asked who people should contact to get involved with this project. Mr. Hickok said they can contact him at 763-572-3590. Councilmember Barnette asked when the construction would be complete. Mr. Hickok said it was scheduled to be complete in October, but all the upfront work took longer than anticipated. Construction is a few months off. If they cannot open in October, they may delay to an opportune time in 2011. Councilmember Bolkcom said there is a lot of detailed information in the resolution and she wanted to make sure it has been checked over thoroughly by staff. Mr. Hickok said that many people have reviewed all the information thoroughly. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:12 PM. NEW BUSINESS: 2A. Resolution to Vacate and Dedicate Portions of Drainage and Utility Easements that Exist in Parcels of Land Located at 6352 Central Avenue and 1271 East Moore Lake Drive N.E. for the Purpose of Constructing a Senior Living Facility (Ward 2). MOTION by Councilmember Varichak to adopt Resolution No. 2010-43. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Claims (146919-147092). Councilmember Bolkcom asked why Baggan's Pub received a refund for their water bill. William Burns, City Manager, said the liquor license refund paid for the water bill and a credit was due back to Baggan's Pub. FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 8 MOTION by Councilmember Bolkcom to approve the claims as submitted and as on file. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Licenses. Councilmember Bolkcom noted that there were four rental licenses that were not being renewed at this time. William Burns, City Manager, said they were third quarter licenses and were premature on the list. MOTION by Councilmember Bolkcom to approve the Licenses with the deletion of the following license requests: 5260 Third Street N.E., 5261 Third Street N.E., 5290 Third Street N.E. and 5291 Third Street N.E. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5A. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for the Lions Club of Fridley at the Shorewood Restaurant, Located at 6161 Highway 65. William Burns, City Manager, said that an endorsement was received from the Shorewood Restaurant. These are two independent items; the premise permit that needs to be reviewed and approved and a resolution in support of the Fridley Lions Club regarding that location. Councilmember Bolkcom said that recently lawful gambling was approved and she asked when the lawful gambling went into effect. Dr. Burns said on July 16. Councilmember Bolkcom said there was discussion to limit organizations. She asked what the ordinance said. Dr. Burns said the sky is the limit. Mayor Lund said concerns were expressed that there were not enough organizations available which would be a disadvantage to competitors. Council voted to take out the restriction for organizations in Fridley and the restriction was amended to max. Many organizations were in support of the changes and some nonprofits have expressed interest but have not taken the step to get on the list yet. FRIDLEY CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 9 MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-44. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Informal Status Reports Councilmember Saefke said he attended The Music Man being put on by the Fridley Community Theater, and it was very professionally done and was a fantastic production. He congratulated everyone who had a part in this play. Councilmember Bolkcom announced this is Fridley Finance Director Rick Pribyl's last City Council meeting. She wished him the best of luck in his retirement. Rick Pribyl, Finance Director, said working for Fridley has been an incredible, fantastic career. Mayor Lund said August 2 is the August Fest at the Fridley History Center at 6:00 p.m. Night to Unite will be held on August 3. The State Primary will be held on Tuesday, August 10. William Burns, City Manager, said the August newsletter will be coming out the first week in August. Councilmember Varichak said she attended the open house at 831 Mississippi Street. There was a great turnout for this event. Scott Hickok, Community Development Director, said this was a fun event and project. He said 1,500 people came to the open house events. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:37 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor