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05/09/2011 - 30001CITY COUNCIL MEETING CITY OF FRIDLEY MAY 9, 2011 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 Barnette Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director Don Abbott, Public Safety Director Scott A. Dahlberg, 5455 Si�th Street NE PROCLAMATIONS: Public Works Week: May 15-21, 2011 National Police Week: May 15-21, 2011 Peace Officers Memorial Day: May 15, 2011 PRESENTATION: Anoka County Sheriff James Stuart. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Local Board of Appeal and Equalization Meeting of Apri125, 2011 APPROVED. City Council Meeting of Apri125, 2011 APPROVED. FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 2 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 506, Vehicle Parking Near Mailboxes and Chapter 901, Penalties. William Burns, City Manager, stated the ordinance will make it a petty misdemeanor to park a vehicle in a manner that interferes with mail delivery. If passed tonight, the ordinance will become effective on June 3, 2011. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1280 ON SECOND READING AND ORDERED PUBLICATION. 2. Second Reading of an Ordinance Creating Chapter 205.33 0-8 of the Fridley City Code Pertaining to Northstar Transit Oriented Development Overlay Zoning District Regulations. and Adopting Official Title and Summary Ordinance William Burns, City Manager, said the proposed district covers a 338-acre area bounded by I-694 on the south, 61st Avenue on the north, the Mississippi River on the west, and University Avenue on the east. It also includes a small strip of land to the east of University Avenue. The purpose of the Overlay District is to: (1) Implement Code requirements that will encourage dense mixed use pedestrian- friendly development within a half mile of the Northstar station site; (2) Create multi-modal connections for the Fridley Northstar commuter rail station that allows a safe access to the station by any mode of transportation; (3) Create a neighborhood identity with the Northstar station that promotes the use of mass transit, human interactions, safety, and livability; (4) Reduce automobile dependency by locating a variety of land uses within a half mile of the train station; and (5) Provide life cycle housing for people of different income levels and housing space needs within one half mile of the train station. Dr. Burns stated Council approved the first reading of this ordinance at its April 25, 2011, meeting. Staff recommends Council approval of the second reading of this ordinance and approval of the Title and Summary Ordinance. FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 3 WAIVED THE READING OF THE ORIDNANCE AND ADOPTED ORDINANCE NO. 1281 ON SECOND READING AND ADOPTED THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. 3. Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code Pertaining to General Provisions and Fees. William W. Burns, City Manager, stated this amendment includes the $1,600 TOD application fee and a$500 tree substitution fee that may be charged depending on circumstances. These charges are listed in the TOD ordinance, and they also need to list them in Chapter 11 under "Fees." Council recommends approval of this as well. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1282 ON SECOND READING AND ORDERED PUBLICATION. 4. Livestock License Request by Andy Zhang for Racing Pigeons (Tabled April 25, 2011). Dr. Burns stated since the last meeting staff has had difficulty formulating the inspection of this racing pigeon site at 1632 Rice Creek Road; and they are recommending the item be tabled until Council's May 23, 2011, meeting. THIS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 5. Claims (150555 — 150714) Councilmember Varichak stated on page 23, the name "Hohensteins" should be "Hollensteins." APPROVED. 6. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item No. 4 be removed so it could again be tabled. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item No. 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 4 ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 4 Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Councilmember Bolkcom asked Dr. Burns if he could summarize how much staff time was spent mowing and cleaning up University Avenue, which is the area that is supposed to be maintained by MnDOT. James Kosluchar, Public Works Director, replied he would say about a week's worth of cleanup with the majority of the City's crew. There has been some subsequent trim work They have done one round of mowing. Dr. Burns stated he thinks the City is still doing the herbicide. Mr. Kosluchar replied that has to be done yet. Councilmember Bolkcom stated she just wanted to make a point that the City has taken it upon itself to maintain University. She has heard from different people. It really is the gateway to our community. It is actually supposed to be maintained by MnDOT and if the City is lucky, once or twice a year they will mow. There is also the fence that has not been repaired for some time. Mayor Lund stated there may be sacrifices to other parks because they are using additional Public Works people to do the mowing. It was mentioned to Council this evening that $10,000 was removed from the Public Works budget for this year, on top of adding another major work load to the Public Works staff. Councilmember Bolkcom stated she does believe the Parks and Recreation Commission is looking at doing some type of Adopt-a-Park program. NEW BUSINESS: 7. Resolution to Vacate a Portion of 55t'' Avenue, which was Platted as Third Street, Generally Located West of Seventh Street and North of the Parcel Addressed as 5455 Sixth Street N.E., Petitioned by the Property Owner, Scott Dahlberg (Vacation Request, SAV #11-01) (Ward 1). Scott Hickok, Community Development Director, stated Mr. Dahlberg is seeking to vacate the unimproved portion of SSth Avenue located north of the vacant property at 5545 Si�th Street. Vacating this right-of-way will give the petitioner additional land area required to make the lot buildable. Currently it is not. FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 5 Mr. Hickok stated in 1972 a request was submitted to vacate SSth Avenue, north of the apartment building at 5451 Fifth Street, which is directly west of the property at this address. The request was denied because at that time the Public Works staff thought SSth Avenue might be utilized at some time in the future. Mr. Hickok said in 2001, the same request was submitted by the new owners of the apartment building. Public Works staff determined at that time they no longer needed that right-of-way and, as a result, a vacation was approved. Mr. Hickok stated petitioner's property is 19,200 square feet in size which is 800 square feet short in meeting minimum lot size for the C-2 General Business District in which it is zoned. Vacating this right-of-way would give the petitioner an additional 30 feet by 166 feet (4,900 square feet) which would then increase the size of the lot to 24,100 square feet and, therefore, meet the minimum lot size requirement of 20,000 square feet. Mr. Hickok stated although the petitioner does not have plans at this time to develop the property, he is making the request so it is ready in the event he is approached by a potential buyer or developer. In order to service this newly-created property, staff has drafted a stipulation based on direction from the City's Engineering Department to either install a private driveway or public road from Seventh Street. At the time the property is developed, it will be the developer's choice as to how they would like to access that site. Mr. Hickok stated on April 20, 2011, the Planning Commission held a public hearing for this vacation. The Commission unanimously recommended approval of the request after a brief discussion. Since the Planning Commission meeting, the petitioner's surveyor has located the placement of the water main on this site. As a result, an additional stipulation has been drafted to require the petitioner file the necessary utility easements at the County to provide the City with access to utility services. Mr. Hickok stated staff recommends concurrence with the Planning Commission with the addition of Stipulation No. 2 as follows: The petitioner shall file utility easements at Anoka County that are depicted on the Certificate of Survey from Kurth Surveying with a revised date of 4/29/11. Staff is also recommending approval of the attached resolution. Councilmember Saefke said at one time there used to be a cabinet shop off of Seventh Street where that driveway is now and was located just south of that. He remembers the City plowing that little stretch of land. He asked if this vacation is bordered on the west side of a fence line right now? Scott Dahlberg, Petitioner, replied, correct. Councilmember Saefke stated and then there is a fence along the Highway Department's right- of-way, correct? Mr. Dahlberg replied, correct. FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 6 Councilmember Saefke asked Mr. Dahlberg if he is aware of the fact there are people who live actually off the freeway in that little gully and there is a pathway to their property. It is right in the corner where the two fence lines meet. He has no objection at all to vacate the property. When he was in the Water Department they always had trouble locating that water main. He asked the petitioner whether they located it through an electronic method? Mr. Hickok replied he believed they used electronic methods. Councilmember Saefke stated when they attempted to do that they could never actually follow the watermain trail, where it goes underneath the freeway. According to the drawing, it does not look like it does go under the freeway but continues to go west. Mr. Dahlberg replied, as far as he knows it goes east-west. Councilmember Saefke asked Mr. Dahlberg if he had any problem with providing the 15-foot easement. Mr. Dahlberg stated they are actually working with the surveyors to get a 20-foot easement. That line which they would like to set up maintains the 20-feet around that utility. Commissioner Bolkcom asked to be provided with the Planning Commission meeting minutes in the future. She has no objections to this vacation request. She asked if there were any other comments from anyone else at the Planning Commission meeting? Mr. Hickok replied, no. Mayor Lund asked where the billboard sign was. Mr. Hickok replied it is entirely on the adjacent property that goes directly east of the Dahlberg property. MOTION by Commissioner Saefke adopting Resolution No. 2011-23 with the following stipulations: Access to 5455 6th Street shall be through one of the following options, to be determined at which time the lot is developed and constructed prior to issuance of the certificate of occupancy: a. Install a public road with an off-set cul-de-sac to the property that complies with Engineering and Fire Code regulations. Conditions on this option: i. Private Hydrant installation ii. Address to be changed to 7th Street, with proper signage visible from 7tn Street for emergency purposes iii. Curb cut will be required to allow access for the lot at 5480 7th Street (billboard lot) FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 7 iv. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. b. Install a private driveway through a license agreement prepared by the City, to the parcel that complies with Engineering and Fire code regulations. Conditions on this option: i. Code compliant Fire access to allow proper turnaround ii. Private Hydrant installation iii. Driveway to be 24 ft. wide iv. Address to be changed to 7th Street, with proper signage visible from 7tn Street for emergency purposes v. Curb cut will be required to allow access for the lot at 5480 7th Street (billboard lot) vi. Water, sewer, and stormwater connection fees shall be paid by owner/developer prior to issuance of a building permit. 2. The petitioner shall file utility easements at Anoka County that are depicted on the Certificate of Survey from Kurth Surveying with a revised date of 4/29/11. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Livestock License Request by Andy Zheng for Racing Pigeons (Tabled April 25, 2011). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to table the item until the May 23, 2011, City Council meeting. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informal Status Reports There were no informal status reports. FRIDLEY CITY COUNCIL MEETING OF MAY 9, 2011 PAGE 8 ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:08 P.M. Respectfully submitted, Denise M. Johnson Scott J. Lund Recording Secretary Mayor