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CCM 01/27/2014 CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 27, 2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:05 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Julie Jones, Planning Manager Darin Nelson, Finance Director Jim Kosluchar, Public Works Director APPROVAL OF MINUTES: City Council Meeting of January 6, 2014. Councilmember Bolkcom asked for the following corrections to be made: Page 6, Item 5, last sentence should read: but this street rehab project is a significant She believed they were all for this project assessment to them. Page 6, Item 5, third paragraph should read: city staff can look at it and see if more discussion Councilmember Bolkcomreplied, no, is needed. Page 7, Item 13, seventh paragraph should read: the Councilmember Bolkcomstated she is amazed the City actually plows some of County’s trails and walkways. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 2 Page 8, Item 13, tenth paragraph should read: Councilmember Bolkcomstated she encourages people who live in any of these areas to and they need to contact their County commissioners. The City has taken on some more look at setting up a meeting with County Commissioners to discuss clearing walkways. Page 11, Item 13, first paragraph should read: We Councilmember Bolkcomasked why they would want to open that can of worms. don’t want people to go to the public garage asking for 5 gallon buckets of sand and salt. Attorney Erickson asked for the following correction to be made to the resolution in Item 2 of tonight’s agenda: th rd 27 of January The resolution should reflect the correct date of , not the 23 of January. Councilmember Saefke asked for the following correction to be made to the Planning Commission Minutes: th Page 27, 4 paragraph should read: all Whether they make them all registered title… in that same paragraph it should plat read preliminary , not plate. NEW BUSINESS: 1.Receive the Minutes from the Planning Commission Meeting of January 15, 2014. RECEIVED. 2.Resolution Receiving Report and Calling Hearing on Improvement for Street Rehabilitation Project No. ST 2014-01. APPROVED RESOLUTION NO. 2014-09. 3.Resolution Ordering Advertisement for Bids: Municipal Parking Ramp Repair Project No. 438. APPROVED RESOLUTION NO. 2014-10. 4.Resolution Ordering Advertisement for Bids: 2014 Sanitary Sewer Lining Project No. 450. APPROVED RESOLUTION NO. 2014-11. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 3 5.Resolution Ordering Advertisement for Bids: 2014 Miscellaneous Concrete Repair Project No. 453. APPROVED RESOLUTION NO. 2014-12. 6.Resolution to Approve Application for Safe Routes to Schools Infrastructure Funds for Improved Bike/Pedestrian Access to Fridley Middle and High Schools on Seventh Street. APPROVED RESOLUTION NO. 2014-13. 7.Resolution Approving Agreement with Hoisington Koegler Group, Inc., for Planning Consultation Services Pertaining to the LCDA Northstar TOD Master Plan Grant. APPROVED RESOLUTION NO. 2014-14. 8.Approve Agreement for Residential Recycling Program between the City of Fridley and the County of Anoka. APPROVED. 9.Approve 2014 Animal Control Contract between the City of Fridley and Brighton Veterinary Hospital. APPROVED. 10. Approve Application for a Livestock License for 1346 Meadowmoor Drive N.E. (Ward 2). APPROVED. 11.Appointment: City Employee. APPROVED APPOINTMENT. 12.Claims (162394 - 162590). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 13.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 4 14.Estimate: Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 2013 Street Rehabilitation Project No. ST2013-01 Estimate No. 5 ........................................................................................ $16,840.85 APPROVED. APPROVAL OF CONSENT AGENDA: Councilmember Barnette asked for Item No. 12 to be removed from the Consent Agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the corrections of the minutes, resolution and removal of Item No. 12. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of item no. 12. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: No one from the audience spoke. OLD BUSINESS: 15.Second Reading of an Ordinance Amending Fridley City Code, Chapter 514, Private Property Snow and Ice Removal (Continued January 6, 2014). Jim Kosluchar, Public Works Director, said in order to meet the approved plan’s goals, staff has recommended an amendment to the City Code. As part of the Active Transportation Plan, the City will be providing winter maintenance on additional walk and trail areas, and modifying its snow and ice control policy to incorporate those maintenance activities. In addition, staff has recognized that the City Code could be clarified to directly address the current need for property owners to maintain walks and trails in adjacent rights-of-way free of winter snow and ice hazards. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 5 Mr. Kosluchar stated as directed by the City Council, the text of the proposed ordinance, Section 514.04.2, was revised from the second reading on January 6 to provide clarity as follows: 2. Property owners must eliminate any hazardous snow or ice condition by clearing residual snow and ice from walks or trails on adjacent Public Property that are plowed by the City in accordance with its Snow and Ice Control Policy. Such clearing of snow and ice by property owners will occur within forty-eight (48) hours of cessation of any snowfall and any subsequent snow and ice removal activities performed by or on behalf of the City. Mr. Kosluchar said in addition, the proposed language includes clarifications requested by the City Council at the first reading held on December 9, 2013. These include authorization of a designee by the Public Works Director to allow for temporary snow storage on public property, definition of the snow season, and linking of the civil penalties to the defined snow season. The proposed amendment to Chapter 514 broadens this section of the code to consider requirements for City operations, allowing the City to reference its policy for snow and ice control on City rights-of-way. The amendment also requires that property owners eliminate hazardous snow and ice conditions on walks and trails in rights-of-way where winter maintenance is provided by the City. Mr. Kosluchar said that in locations where the City does not clear walks or trails, the ordinance would not apply. Also, the City provides voluntary assistance to Metro Transit to aid in clearing snow from bus stops; however this is not a maintenance responsibility of the City and therefore the ordinance would not apply to bus stops. Metro Transit is responsible for addressing any hazardous conditions at bus stops. This amendment has been reviewed by Community Development staff and the City Attorney, and they support the amendment. Mr. Kosluchar stated that upon approval of this amendment, the snow and ice control policy will be updated to include the walk and trail winter maintenance per the attached map. At this time, Public Works staff is providing winter maintenance on these segments on an interim basis. This is in accordance with the 2014 budget and level of service discussions held with the City Council earlier this year. Staff requests that the City Council adopt the second reading of this ordinance. If adopted, the ordinance will be published and staff will prepare a courtesy notification of the revised ordinance to those properties that are along the walk and trail routes to be maintained. Darcy Erickson, City Attorney, noted on Section 514.04, in second paragraph, last sentence, “will” should be changed to “must”. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the Ordinance No. 1311 on second reading and order publication. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 6 MOTION by Councilmember Bolkcom to amend the second paragraph, last sentence, of Section 514.04 to read “Such clearing of snow and ice by property owners must occur.” Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 16.Consideration of the Revocation of Special Use Permit, SP #93-10, for Exterior Storage Generally Located at 505 Fairmont Street N.E. (Ward 3). 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 AND THE PUBLIC HEARING OPENED AT 7:25 P.M. Julie Jones, Planning Manager, stated this is a 60’ x 110’ parcel, zoned C-1, Local Business, located at 505 Fairmont Street. The business is Mobile Maintenance; repair service for manufactured homes. Aerial photos of the site in 2009, 2010 and 2013 show storage next to a shed that is located on an R-1 lot at 513 Fairmont Street. The shed itself is a violation of the zoning code, as you cannot have an accessory structure on a lot without there also being a principal use (a house) also on the lot. In 2009, trucks were parked onsite that were not operable or licensed, and in 2010, several employees were parking on the street. In 2013, staff observed that an adjacent residential lot and County-owned lot across the street were plowed and being driven on. Ms. Jones stated the owner purchased the adjacent R-1 lot and cannot use this lot to expand the business. Using it for snow storage would be acceptable, but not for parking. C-1 parking requirements prohibit on-street parking. A 5’ side yard setback is required and a 20’ setback from the front property line is required. Ms. Jones said staff recommends revocation of the special use permit because of the repeated storage outside the approved storage area, the repeated use of the adjacent property/street for parking, the business does not meet parking screening/setback requirements in the code, and motor vehicles are to be screened or in the rear. Ms. Jones noted that Section 205.05.5.G of the zoning code states:  Failure to comply with stipulations shall result in revocation of a special use permit.  Revocation shall occur after a public hearing.  All cost incurred by the City for the revocation process shall be assessed to the property. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 7 Staff recommends Council revoke SP #93-10 and suggest the owner be given 6 months to remove the storage and fence. The owner also needs to remove the storage shed on the adjacent lot at 513 Fairmont Street. Councilmember Bolkcom asked what the issues have been with storage in the past. Ms. Jones replied in 2009, a trailer with material on it was parked on the adjacent property at 513 Fairmont Street, outside the fenced area. Councilmember Bolkcom asked if this was removed when asked. Ms. Jones replied yes. Councilmember Bolkcom said they remove it but it keeps coming back. She asked if there was anything before 2009. The SUP was granted in 1993. Ms. Jones replied no. Councilmember Bolkcom asked what the outdoor storage issue was in 2010. Ms. Jones replied that there were items stored behind the shed. Councilmember Bolkcom asked about 2012. Ms. Jones said items were stored above the height of the fence. Councilmember Bolkcom asked what brought this forward. She asked if there were complaints from the neighborhood. Ms. Jones replied staff received a complaint in December that they used the adjacent property that does not belong to the business owner for parking. Councilmember Bolkcom asked if the same business owner has owned this property throughout the years. Ms. Jones replied yes. Councilmember Bolkcom said she drove by the area, and agreed there are a lot of vehicles on site. She asked how they get in and out. She said some vehicles did not have license plates or current tabs. She asked if staff has requested them to take down the shed. Ms. Jones replied no. Councilmember Bolkcom stated that taking down the shed will not help the storage issue. She asked if staff has had a discussion with the owner on what can be done with this issue. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 8 Ms. Jones answered yes, and he has addressed some concerns. The owner has a cross parking agreement with the laundry mat to park vehicles of people who are taking a truck for the day. Employees can also take trucks home. Councilmember Bolkcom asked how many of the trucks go out every day. She noted that some trucks had a fair amount of snow on them. She asked if some could be stored at an off-site location. Ms. Jones replied the owner said he got rid of some vehicles that were not operable. Councilmember Bolkcom asked if there was another option besides revoking the special use permit. Maybe staff could work towards a plan to adhere to the original stipulations. Ms. Jones replied options were discussed prior to the meeting. Councilmember Bolkcom recalled that in the past, Council has allowed a business to find other options that may work. Darcy Erickson , City Attorney, said they worked with Home Depot two years ago, and Council did pass a resolution revoking the special use permit, but provided if there were no further outdoor violations the condition was not recorded. That would be an option. Council could also continue the public hearing and take a “wait and see” approach to see if there is an improvement and no further violations. She deferred to Ms. Jones and Mr. Hickok if there would be an application to amend the SUP if there is reason to believe there is more storage space available. The site appears to be pretty tight so that may not be an option. Steven Witzel , Property Owner, said he has owned the property for over 10 years. He bought it prior to having a lot of employees at this location. When he bought the property, it was in horrible condition. He took the property and fixed it up and maintained it. He has never received any grass cutting citations and has had no accidents with employees in front of the property so safety is not an issue. The reason for the photo with the trailer parked in the wrong place was because new employees make assumptions that it is acceptable to park there. The primary reason he is standing here today is one employee made a common sense approach to snow storage to a lot across the street. Plowing the lot next to them was not their intent either. Removing the fence so vehicles can park back there will not. The SUP was to park there and moving the snow from where it is now 20’ to the side will not accomplish anything. They cannot park in the screened area or put snow there; that would not enhance the site. He said he is not sure if all the cars parked on the street are from his employees. As soon as he was told that it was not ok to park there, it was fixed. The laundry mat is never full, so an agreement has been made to park there. He said that all trucks on his lot are operational. Councilmember Bolkcom said that one truck had no plates. Mr. Witzel said there is an increase in crime in the neighborhood and plates and tabs get stolen. He has had trucks and trailers stolen from the lot. The trucks park close together so thieves cannot get doors open to steal tools. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 9 Councilmember Bolkcom asked if any of this has been reported to the police. Mr. Witzel replied that he has quit reporting to the police. They told him to put more lights up and this has not been done yet. Adding lights is a concern to neighbors. Councilmember Bolkcom asked when the last time a police report was filed. Mr. Witzel answered about a month ago. Law enforcement has been great and they have made their presence known. Councilmember Bolkcom asked if tools that are stored in trucks could be put somewhere else. Mr. Witzel replied that they could unload every night but that is very labor intensive. Business is not normally done that way. Theft has been more of a problem this year than ever. Councilmember Bolkcom asked if the business has outgrown this space. Mr. Witzel replied that they have talked about moving the construction site somewhere else and making this site for plumbing and heating only. That would help. Councilmember Bolkcom asked how many trucks park in this space. Mr. Witzel answered 7 or 8. He said they are also thinking about downsizing from the larger trucks. Councilmember Bolkcom asked where it is noted in the stipulations that say they cannot park in the back. Ms. Jones replied Stipulation #5; the intent is the vehicles must be operable. Councilmember Bolkcom said asked if they could park there. Scott Hickok, Community Development Director, said in the 1990’s, there was a practice of keeping a boat parked in the storage area that was not related to the mobile maintenance business. Councilmember Bolkcom said he could park some of the trucks in the back if they could be driven back there behind the building and they must be operable and licensed. MayorLund noted that would take away from his storage. Mr. Witzel remembered being told not to do that. Mr. Hickok said the business has other materials that need to be stored and can be stored in that screened area. He said it is not a good solution to think it would reduce the demand on the parking lot. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 10 Councilmember Bolkcom said that he cannot put snow on someone else’s property. If the snow cannot be stored on the property, then it will need to be hauled away. Mayor Lund said he could plow and store snow on his residential lot but not someone else’s property. Councilmember Bolkcom asked what else needed to be done so the SUP does not get revoked. Mayor Lund said he has to figure out how to be in compliance. Councilmember Bolkcom stated Council wants his business here and in fairness to others, they need to comply. One thing to be removed is the storage shed. Also, parking needs to be done in a safe way. She did not want to revoke the permit but wanted to be sure the stipulations were followed. Mr. Witzel said the letter he posted for employees is a good first step to fix the parking issue. You cannot see anything behind the shed unless you drive around and look for it. The shed will go away. He uses it to store a lawnmower and rakes to maintain the property. He said if you drive around a one-block radius, people are doing worse than he is. That does not make what he is doing right, but it seems unfair. Councilmember Bolkcom stated the SUP comes with stipulations, and staff is asking Mr. Witzel to do his part. Mr. Witzel agreed that what he is doing is not correct but it fits the flavor of the neighborhood. He can put bumpers down to keep the vehicles from going over the lot. Councilmember Bolkcom asked what needed to be done to be in compliance to keep the SUP. Remove the shed, keep parking on own property, maintain the property, and keep the outside storage behind the screened area. Mr. Hickok said with the SUP for outdoor storage, you should be able to drive by and not know things are outside. The trucks are big and it looks like trucks need to pull forward to get out of the way of the storage area. If bumpers are put in, trucks may be in the way of the outdoor storage area. A solution needs to be made to allow trucks to park and get the gate open to the outdoor storage. In 1993 there was difficulty with curb and gutters. He said he is not sure why there are no curb and gutters on this site. In notes from 1993, that was a code requirement. Things could have been done to keep this in compliance. The list of solutions is quite simple. It would be a good idea for the industry to go to smaller trucks. That will help. Regarding the criminal complaints, statistically, vehicles left unattended on busy roadways are a target for theft. Mr. Witzel said that shorter trucks are now parked by the gate and the storage area has double gates that open one to the left and two to the right so access is not an issue. Mayor Lund thought the permanent solution would be smaller trucks. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 11 Mr. Witzel said the bumpers will help. He said 99% of the time, the trucks access the two gates closest to building. Mayor Lund asked if Mr. Witzel felt he could comply with what staff is asking. Mr. Witzel replied yes. Mayor Lund said the shed needs to be removed and no outside storage is allowed. All storage needs to be in the screened area. The area needs to be kept presentable to the neighborhood and there is no parking on the street. If a problem comes up, deal with the problem. Do not wait until staff notices. Staff brought this to Council because they want compliance. There are different restrictions in residential and commercial areas. Councilmember Bolkcom asked him not to confuse code violations with stipulations. She suggested continuing this public hearing until the next meeting and developing a plan on how to comply with the stipulations in place since 1993. Wally Wysopal , City Manager, asked for clarification. The SUP allows for outdoor storage which is the fenced area. He asked if it is the assumption that providing outdoor storage takes away the necessary parking for trucks that are violating the other codes. Mr. Hickok said that storing outside of the area is an issue and parking is the other issue. MOTION by Councilmember Bolkcom to move into record the letter dated January 2, 2014, to employees about parking. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Barnette said he drove by the business today, and the trucks were neatly backed up, so they are making an attempt to make this correct. MOTION by Councilmember Bolkcom to continue the public hearing to February 10, 2014. Seconded by Councilmember Saefke UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 17.Resolution Revoking Special Use Permit, SP #93-10 for Exterior Storage Materials in a C-1 Zoning District at the Property Generally Located at 505 Fairmont Street N.E. (Ward 3) MOTION by Councilmember Bolkcom to continue this resolution to February 10, 2014. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 18.Approve Agreement Relating to Landowner Improvements with City Easement on the Property Generally Located at 5801 Third Street N.E. (Ward 3) Jim Kosluchar stated last week, staff was contacted by the developer of an HRA housing redevelopment site on Third Street N.E. regarding a conflict between a planned dwelling and an existing utility easement. The extent of the utility easement was missed when preparing layouts on the property. City and HRA staff met to discuss options to allow the parcel to be developed, including reducing the dimensions of the dwelling, or requesting a permitted encroachment into the City’s drainage and utility within the southern portion of the property. An encroachment agreement was prepared with the City Attorney, and it meets the approval of the developer and property owners. Mr. Kosluchar stated the proposed configuration of the dwelling includes a 4’ encroachment into the City’s easement. A sanitary sewer main exists in close proximity--approximately 6.5’ from the north limits of the easement. While this would place the dwelling in close proximity to the sewer main, Sewer and Engineering Division staff have reviewed and approved the encroachment. If the dwelling were reconfigured to be located outside the limits of the easement, the dwelling would likely still be in close enough proximity to the 9’ deep sanitary sewer main to need alternate methods of construction should a repair be required. The encroachment agreement requires the property owner to accommodate and pay the cost of any differential due to construction methods that may be required due to the encroachment, and therefore provides added protection to the City. Mr. Kosluchar stated the sanitary sewer main is vitrified clay pipe and was installed in 1954. In coordination with the developer’s construction, the segment of pipe adjacent to the dwelling will be reconstructed. The encroachment agreement protects and reinforces the City’s rights under its easement. The agreement will be recorded and run with the property. Future owners therefore would be made aware of this encroachment. If the dwelling were to be modified, the property owner is required to obtain special permission from the City and to modify the attached agreement as needed. Staff is recommending that the City Council approve the attached Encroachment Agreement for 5801 - 3rd Street N.E. If approved, staff will notify the developer and the owner, coordinate execution and recording of the agreement, and ensure that a recorded copy of the agreement is received by the City. Councilmember Saefke asked if this would affect the footings for the dwelling. Mr. Kosluchar said they would work out the details with the contractor. It would not have an impact. Councilmember Saefke thought by disturbing soil that close there would be influence on the footings. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 13 Mr. Kosluchar said the builder is responsible and the City will put things back in satisfactory order for them to construct the home. Councilmember Bolkcom asked how this happened. Mr. Kosluchar replied that the survey did not have the proper easement shown. Councilmember Bolkcom asked if this happened because it has been there since 1954. Mr. Kosluchar replied it is an error on the surveyor. They did not provide that information. The building will be close to sanitary sewer regardless. Councilmember Bolkcom asked what the City cost is at this point. Mr. Kosluchar replied the City will do the pipe segment alongside the sanitary sewer, not excavation. The City will pay for the new pipe that will be serviceable for a long time. The pipe is 34 to 35’ long. Councilmember Bolkcom asked if something on either side needed repair would this need to be torn up. Mr. Kosluchar replied that the City would extend beyond that so ordinary excavation can be used for repairs. Councilmember Bolkcom asked if there were any other issues. Mr. Kosluchar replied it is possible. Councilmember Bolkcom asked if the rest of the pipe would be relined. Mr. Kosluchar replied yes. They would like to consider that this year. Councilmember Bolkcom asked when it will be done. Mr. Kosluchar answered in the next week or two. Councilmember Bolkcom asked if there could be other costs if something happens. Mr. Kosluchar answered the City bears the cost of open-cut excavation repair. Other repairs are the owner’s responsibility. Councilmember Bolkcom said this is close proximity; she asked if something could damage the foundation of this property. Mr. Kosluchar replied the builder and developer are comfortable with this solution. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 14 Mayor Lund noted there is a full basement with the remains 2 ½ feet away from the basement. He asked if they looked at reconfiguring the house or lot. Mr. Kosluchar replied yes they have, but there are limitations as to what they can do. Mayor Lund was concerned if the pipe breaks and a major amount of sewage is 2 ½ feet from the basement, there is not a lot of forgiveness there. Darcy Erickson , City Attorney, said Section 3.5 states that the landowners understand and agree and assume their loss. This has been used in a number of cities and there have been no issues with it. Councilmember Bolkcom asked if this would be a determent to selling the property. Mayor Lund replied the developer and builder are ok with it and the City is safe from it. Councilmember Bolkcom asked if the agreement is with the landowner. Attorney Erickson replied that the agreement is signed by developer. The buyers will also sign the agreement and it will be recorded with the property and filed with the County. MOTION by Councilmember Bolkcom to approve the Agreement Relating to Landowner Improvements with City Easement on the Property Generally Located at 5801 Third Street N.E. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19.Preliminary Plat Request, PS #14-01, by Tri-Land Developments, LLC, to Subdivide the Existing Large Lot to Create Two Separate Parcels from the Original Lot for thth Developing Along 57 Avenue, Generally Located at 250 – 57 Avenue N.E. (Ward 3) Scott Hickok, Community Development Director, said the petitioner is requesting a plat to th subdivide the existing large lot at 250 - 57 Avenue. The proposed subdivision will create two th separate parcels from the original lot, for development along 57 Avenue. Mr. Hickok said the creation of these separate lots will allow each parcel to have its own tax parcel and tax bill, which is what McDonald’s and the petitioner would like to happen. The property is zoned PUD and located on the northwest corner of I-694 and University Avenue. The lot has already been replatted twice to allow for the creation of the existing CVS lot and Holiday gas station lot. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 15 Mr. Hickok stated the replat will create three lots that will be legally described as; Lot 1, Lot, 2, and Lot 3, Block 1, Fridley Market. Lot 1 is 13.98 acres; Lot 2 is .72 acre (McDonald’s); and Lot 3 is .63 acre. Since the PUD zoning does not have a minimum lot size and allows flexibility in meeting regular code standards, staff has determined that this plat meets the intent of the PUD zoning designation. Mr. Hickok said that the Planning Commission held a public hearing for PS #14-01 on January 15, 2014. They unanimously recommended approval with four stipulations. Staff recommends concurrence with the Planning Commission. Councilmember Bolkcom asked if the petitioner agreed with the stipulations. Glen Johnson , Tri-land Development, replied yes, he agreed with the stipulations. MOTION by Councilmember Bolkcomto approve the Preliminary Plat Request, PS #14-01, by Tri-Land Developments, LLC, with the following four stipulations: 1.The purpose of this plat request is for development and finance purposes. Lots 2 and 3 shall not be separated from the PUD zoning designation unless all three lots within this development are re-evaluated and the City agrees the PUD can be modified to reflect that change. 2.The petitioner shall establish and file at Anoka County a shared access agreement between Tri-land Developments Inc. and Lots 2 and 3, Block 1, Fridley Market, upon final plat approval. 3.The petitioner shall establish and file at Anoka County a shared parking agreement between Tri-land Developments Inc. and Lots 2 and 3, Block 1, Fridley Market, upon final plat approval. 4.The petitioner shall pay park dedication fee for Lot 2 of $722.33 and Lot 3 of $633.23 upon issuance of a building permit for a building for Lot 3. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20.Resolution Establishing a Vision Statement for the City of Fridley. Walter Wysopal , City Manager, stated the City Council has been working on a vision statement for the last few months, identifying goals and objectives to create a vision statement. Council came up with several general themes. The vision was about families and businesses. Key to attracting and retaining families and businesses is safety. We need to live securely and not in fear. Vibrancy is demonstrated by an active and engaged citizenry and is built upon safety. We want all residents to have the opportunity to be active in mind and body. Friendliness is a way of FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 16 approaching life that makes people want to stay together in community with each other. Staff recommends Council adopt a resolution establishing the following vision statement for the City of Fridley: We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. MOTION by Councilmember Barnette to adopt Resolution No. 2014-15. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Claims: Councilmember Barnette asked what the claim for $297,000 to Metropolitan Council was for. Jim Kosluchar , Public Works Director, said it is the sewer waste water charge. That is what it costs to move the wastewater from Fridley to St. Paul to meet today’s regulations for clean water. Councilmember Barnette said that people talk about utility charges and water is reasonable in Fridley. This is an expensive process. A year ago there was a 9% raise in one year for that cost. He asked what it cost for a year for this service. Mr. Kosluchar replied that this is a monthly charge, so it is about $3.4 million per year. It is 78% of the sewer budget. Mayor Lund said that the alternative would to do our own sewage ponding and that cost would be much higher. MOTION by Councilmember Barnette to approve Claims 162394-162590. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 21.Informal Status Reports Mayor Lund said the Community Theater play, Barefoot in the Park, is coming up and seats are available. Some nights include dinner with the show. It starts February 6 and runs for two consecutive weekends. Contact the Fridley Community Center for more information. Councilmember Bolkcom attended the Home Show at the Schwan’s Center and thought it was successful. People were engaged and interested. This is a nice thing we do with other communities. FRIDLEY CITY COUNCIL MEETING OF JANUARY 27, 2014 PAGE 17 ScottHickok, Community Development Director, said it was a fun event. It was a busy day. That same day was the Winterfest and also a small business seminar at the Islamic Center. He thanked everyone who attended. Councilmember Bolkcom said that Scott Hickok was featured in the “Minnesota Cities Magazine” published by the League of Minnesota Cities. The article will be on the website and is about code enforcement. 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 8:50 P.M. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor