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07/11/2005 - 00026892CITY COUNCIL MEETING CITY OF FRIDLEY J U LY 11, 2005 The City Council meeting for the City of Fridley 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-at-Large Barnette Councilmember Billings Councilmember Wolfe Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Richard Pribyl, Finance Director Julie Jones, Planning Director Jon Haukaas, Public Works Director PROPOSED CONSENT AGENDA NEW BUSINESS: 1. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 207 of the Charter of the City of Fridley. Dr. Burns, City Manager, stated the legislation before Council provides for a 3% salary increase for the Mayor and Council effective January 1, 2006. The last salary increase for the Mayor and Council was effective in 2003. Council's salaries are currently well below the median salary for Council members and Mayors in the metropolitan area, and had the consumer price index been used in the last ten years, those salaries would be much higher than they are now. Staff recommends Councils approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 2 2. Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Neighborhood Street Improvement Project No. ST. 2005-3. Dr. Burns, City Manager, stated this legislation initiates the improvements to 73'/ Avenue that were directed by Council in conjunction with the Van Auken plat. These include the construction of the Van Auken cul-de-sac, the removal of the existing cul-de- sac and the replacement of bituminous curbing on 73 '/ Avenue with concrete curbing. The improvements also include the reconstruction of the street that serves as the existing cul-de-sac. Mr. Van Auken will be assessed for the new cul-de-sac. The four property owners whose properties abut the existing cul-de-sac will be assessed for the concrete curbing and gutter in the area currently occupied by the cul-de-sac. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2005-32. 3. Approve School Resource Officer Service Agreement between the City of Fridley and Fridley School District No. 14. Dr. Burns, City Manager, stated the contract before Council is the same except for the compensation provisions. The compensation for one-half of the salaries and benefits for two police officers for the nine-month school year is $60,778.98, an increase of $7,340.20. During this time, the officers will serve as School Resources Officers in the Fridley Middle School and Fridley High School. The agreement is for the 2005-2006 school year that began on July 1, 2005. Staff recommends Council's approval. APPROVED. 4. Motion to Authorize Staff to Inform Time Warner Cable of the Need for a Public Hearing to be Held on August 8, 2005, to Consider the Proposed Transfer of Control of the Cable Television Franchise from Time Warner Cable to Comcast Cable Communications, LLC, and to Determine Whether the Proposed Transfer may have an Adverse Effect on Cable Television Subscribers. Dr. Burns, City Manager, stated that on June 15, 2005, the City received FCC Form 394 which represents Time Warner's application seeking consent for their transfer of control to Comcast. Legal counsel advises that the City has two choices; to approve the transfer without a public hearing by July 15, 2005, or hold a public hearing followed by a decision on the transfer by October 15, 2005. Staff recommends that a public hearing be held August 8, 2005. APPROVED. 5. Claims (122236 — 122444). APPROVED. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 3 6. Licenses. APPROVED. 7. Estimates. APPROVED. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda, with the removal of Item 1. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the agenda with the addition of Item 1. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Consideration of items not on agenda — 15 minutes Joan Olson, 6320 VanBuren Street, referred to a recent article that Springbrook Nature Center is looking for a$5 million improvement so they can hold special events. She pointed out that just last year, Springbrook claimed to desperately need funding and now they are asking for a significant financial commitment. She was also concerned about the cost of maintaining the proposed improvements. Councilmember Barnette asked Ms. Olson to contact him to discuss this issue further. Don Anderson, 7304 West Circle, complained about fireworks going off in the middle of the night on Baker Street. Pete Eisenzimmer, 6535 Oakley Drive, stated at a previous Council meeting he requested some assistance from the City with drainage problems in his back yard, but he has not yet heard from any City staff inember. He also spoke in opposition to the Springbrook Nature Center request for additional funding. Mayor Lund said the Public Works Director would contact him. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 4 OLD BUSINESS: 8. Second Reading of an Ordinance Approving a Rezoning, ZOA #05-02, from C-1, Local Business, C-2, General Business, and R-1, Single Family Residential, to S-2 Redevelopment District, for Property Located on Lots 15-19, Spring Valley, Generally Located at the Corner of Mississippi Street and Old Central, Fridley, Minnesota (by Family Lifestyle Development Corporation) (Ward 2). Mr. Hickok, Community Development Director, stated this is the fourth time this item has been discussed, so he briefly reviewed the proposal. This project is located in the southeast quadrant of Mississippi Street and Old Central. What are proposed are a 70- unit, owner-occupied senior condominium building as well as limited commercial opportunity on the first level. A public hearing was held by the Planning Commission on June 1. On June 13, Council held a public hearing and heard additional testimony. The first reading was held at their June 27 meeting. Staff recommends approval of the second reading of this ordinance. Mayor Lund referred to Stipulations 17 and 18 Mr. Knaak reviewed his recommendation to add Stipulation 24 as follows: "Developer shall provide the necessary governing association documents that will not permit more than 5% of the units to be rented at any one time." After some discussion, Mr. Knaak also proposed the following be added to Stipulation 18 after the word "seniors": (meaning persons 55 years or older). Councilmember Barnette questioned if a spouse under age 55 and children of a senior would be permitted to reside in this building. Mr. Knaak responded that with the language proposed, no one under 55 could reside in the building. Councilmember Billings commented that the building is restricted to seniors. Mayor Lund questioned if Council is getting involved in civil liberties. Mr. Knaak stated Council can impose reasonable conditions on these kinds of developments. Councilmember Wolfe asked why fire access to the back of this proposed building was required last year but not this year. Mr. Hickok said the Fire Marshal has reviewed this proposal and the International Fire Code, much more is known about the fire protection plans for this project, and it was determined they do not need to access the east side of the building as a result of FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 5 sprinklering and access to all other sides of the building. There are a number of differences with this plan also. The project does not go all the way to 64t" Avenue, the building is situated differently on the property, the building is sprinklered through the rafters, and designed access is allowed to three of the four sides. Pete Eisenzimmer, 6535 Oakley Drive, questioned why the Council denied this proposal last year and approved it this year. He also stated the Planning Commission should act themselves rather than passing a development on to Council and expecting Council to make all the determinations. Pam Reynolds, 1241 Norton Avenue, stated in 2004 it took a four-fifths vote to deny the original proposal from this petitioner. The statute changed in 2001 to require a three-fifths vote. Mr. Knaak, City Attorney, stated the statute overrides provisions of the City Code that might be contrary and the statute does provide for a three-fifths vote. That change in the law was more recent than 2001. The issue did not present itself until quite recently because most votes are unanimous. This should be brought to the attention of the Charter Commission for change. MOTION by Councilmember Wolfe, seconded by Councilmember Barnette, to waive the second reading and deny the ordinance for the same reasons as stated last time. UPON A VOICE VOTE, COUNCILMEMBER WOLFE VOTING AYE AND MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER BILLINGS AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION FAILED TO CARRY ON A FOUR TO ONE VOTE. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to waive the second reading and adopt the ordinance and 23 stipulations on second reading and order publication. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to amend the stipulations as follows: Add Stipulation 24 to read "The petitioner shall provide that the necessary governing association document will not permit more than 5% of the units to be rented at any one time." Revise Stipulation 18 as follows: After the word "seniors", insert "55 years or older." Councilmember Billings requested the motion be split so that each amendment could be voted on separately. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO ADD STIPULATION 24 CARRIED UNAMINOUSLY. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 6 Councilmember Billings was concerned that adding the words "55 years or older" to Stipulation 18 may create problems; such as the spouse of a resident being under age 55 or a younger live-in nurse for a qualified resident. He believed the owners' association would make adequate regulations to cover this issue. John DeMello, petitioner, suggested the stipulation require that the principal owner of the condominium be 55 and older. Mr. Knaak stated if Council were to limit this to the principal owner, the principal owner would have to be defined. He believed the concept of senior housing is widely understood and if Council allows for some flexibility, they might be able to avoid these kinds of questions which could limit the marketability of the units. Councilmember Bolkcom asked Mr. DeMello if Stipulation 24 is acceptable. Mr. DeMello responded affirmatively. UPON A VOICE VOTE, ALL VOTING NAY, MAYOR LUND DECLARED THE MOTION TO AMEND STIPULATION 18 ADDING THE WORDS "55 YEARS OR OLDER" FAILED TO CARRY ON A UNANIMOUS VOTE. Mayor Lund commented that after reviewing the meeting minutes, he believes the developer has met the burden of proof. He realized this is not a perfect situation for the residents. Councilmember Wolfe believed that all of the eleven reasons for the original denial are still there. The new project looked no different. He also referred to the statement in the Comprehensive Plan that if redevelopment changes the character of a neighborhood, it should not be allowed. He stated his obligation is to his constituents and that is how he wi I I vote. 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 TO APPROVE ORDINANCE NO. 1204 WITH THE FOLLOWING 24 STIPULATIONS CARRIED ON A FOUR TO ONE VOTE. 1. Property to be developed in accordance with Master Plan — Landscape & Grading Plan MP-1.0 and Master Plan — Utility & Grading Plan MP-2.0 dated June 22, 2005. 2. Building elevations shall be constructed in accordance with the architectural Plan A7 and A8, titled Exterior Elevations, revised 5/19/05 and architectural Plan A3, titled Building Plan Ground Level, dated 4/29/05. 3. Petitioner to obtain all necessary permits prior to construction. 4. Petitioner to meet the applicable fire code requirements in the International Fire Code. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 7 5. Petitioner to meet all building and ADA requirements. 6. Demolition permits shall be obtained for removal of the buildings at 1314 and 1340 Mississippi Street and 6421 Central. 7. Petitioner to provide revised Certificate of Exemption for wetland and to meet the Rice Creek Watershed District's regulations prior to issuance of a building permit. 8. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 9. Petitioner to obtain a permit from Anoka County for any work done within the County right-of-way. 10. Petitioner to submit revised storm water management plans and calculations for approval by the City Engineering staff. 11. Storm pond maintenance agreement must be filed prior to issuance of building permits. 12. Petitioner shall obtain required NPDES permit and Rice Creek Watershed District permits. 13. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 14. Final landscape plan to be reviewed and approved by City Staff prior to the City Council public hearing regarding the rezoning on June 13, 2005. 15. Petitioner shall install a 7' high screening fence or planting screening along the east and south property lines, according to Section 205.14.6G(1) of the Fridley Zoning Code. 16. Petitioner to pay required Park Dedication Fee of $3,287.25 (142,924 square feet of land times .023 per square foot). 17. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. 18. Building to be restricted to seniors and policies to do such shall be outlined in association documents and filed with the County with the final plat. 19. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 20. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 21. The Petitioner shall be responsible for sharing the cost of any traffic improvements necessary to accommodate the traffic specifically generated by the development including signalization or other improvements, if determined necessary by Anoka County. 22. 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. 23. The Petitioner shall provide walkway access from the site for pedestrian connections at the north and west sides of property. 24. The Petitioner shall provide that the necessary governing association document will not permit more than 5% of the units to be rented at any one time. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 8 9. Variance Request, VAR #05-10, by United Defense to Allow Two Free- Standing Signs for a Total of 160 Square Feet, Generally Located at 4800 East River Road NE (Ward 3). Ms. Jones, Planning Coordinator, explained that the petitioner, United Defense, was recently acquired by BAE Systems. The petitioner is seeking a variance to increase the size and number of allowable free-standing signs on their property from 80 to 160 square feet. The subject property is zoned M-2, Heavy Industrial, and is surrounded by M-2 zoning to the north, south and east and park property to the west. Businesses have existed on this property since 1940 with several alterations over the years. There is one access point on the north side of the property on 61 St Way and three access points on East River Road. The petitioner was issued a sign permit on this property in 1985 for a 144 square foot, free-standing sign on the west side of East River Road. The petitioner has agreed to remove that sign because it is non-conforming according to the current sign code requirements. Permits have also been issued recently for one 80 square foot, free-standing sign at the north entrance and a 126 square foot wall sign and a 24 square foot identification sign at the north East River Road entrance. Ms. Jones explained the reason for changing all the signage is the recent acquisition of this company by BAE. Sign code allows for only one free-standing sign per street frontage and the petitioner is requesting two on East River Road. The sign code also allows for a maximum of 80 square feet of free-standing signage per development. All signs must be installed on the owner's property which is why the existing sign on the west side of East River Road will be removed, as that property was sold to Anoka County Parks. Similar variances approved by the City include Cummins Power Generation, Bachman's, University Business Center and Home Value. Ms. Jones said petitioner's hardship statement says: "This 135 acre property far exceeds the norm in size and frontage for property in the City of Fridley. The major entrances to the property are greater than one-quarter mile apart on East River Road so that signage for either one is not readily apparent from the other location. Additional signage is necessary to safely route traffic." Four code conditions are reviewed by staff, Ms. Jones explained, when considering a sign variance: 1) Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. Petitioner states that the mere size of their property places them in a unique situation. One entrance is one-quarter mile apart from the other, and it is critical that truck deliveries do not get to the wrong entrance. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 9 2) That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Other property on similar high traffic roadways in the City has been granted similar sign variances in similar situations for both of the sign variances requested. 3) That the strict application would constitute an unnecessary hardship. United Defense states that strict application of the sign code would not provide signage that would be visible enough to allow safe identification for the approximately 200 non-employee visitors they typically have to the site daily; especially considering the speed on East River Road. 4) That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Due to the large sca/e of the United Defense site, it is unlikely that larger than normal free-standing signs will create any detriment to the businesses to the north and south. Ms. Jones said staff recommends approval of this variance request because the petitioner has a demonstrated hardship and similar variance requests have been granted to businesses in the past. If approved, staff recommends five stipulations. Councilmember Bolkcom asked if petitioner accepts the stipulations recommended by staff. She also asked for an explanation as to why different signage is required for the entrances. Jeff Van Keuren, representing BAE Systems, stated they have no objections to the stipulations. He explained their main concern is safety for those accessing their property. Truck traffic is only allowed to enter at the north access point, so they have to channel all the truck traffic to that entrance. They receive shipments from all over the country and many of the truck drivers have no idea how to access the property. Also, visitors can enter from either the north or south entrances, but signage is necessary to direct them to the registration area. Another concern is the speed on East River Road which makes adequate signage important so that it can be read in sufficient time to slow down and pull into the correct entrance. MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve Variance Request, VAR #05-10, by United Defense with the following five stipulations: FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 10 1) The existing free standing sign on the west side of East River Road be removed at the same time or before the new south entrance sign is installed. 2) Any existing sign variances will be null and void with approval of this new variance(s). 3) The minimum height from the bottom of the new free standing sign and the finished ground grade will be ten feet or the sign will be placed at least 25 feet back from all property lines. 4) No addition free standing signs shall be allowed on this site besides the two approved with the exception of information / directional signs 4 square feet in total size or smaller on the site. 5) This variance shall remain in effect unless any of the following occur: a. The sign is altered in any way, except for routine maintenance and change of inessages which makes the sign less in compliance with requirements. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure shall be removed. e. Notwithstanding subparagraph (a) above, upon the change of the name of the business being displayed on the sign. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Variance Request, VAR #05-11, by The Velmeir Companies on Behalf of CVS Pharmacies to Reduce the Rear Yard Setback from 40 Feet to 26 Feet to Allow the Construction of a CVS Pharmacy, and to Decrease the Required Parking from 86 Stalls to 75 Stalls, Generally Located at 5696 University Avenue NE (Ward 3). Ms. Jones, Planning Coordinator, stated The Velmeir Companies, on behalf of CVS Pharmacy, is seeking a variance to decrease the rear yard setback from 40 to 26 feet at 5696 University Avenue NE, the former Cattle Company Restaurant site, and to decrease the required parking from 86 stalls to 75 stalls. The petitioner plans to develop a 12,900 square foot CVS Pharmacy and convenience store in this C-3 zoning. Also included will be a drive-through prescription window. The surrounding property to the west is zoned C-3; the property to the north and east is zoned C-2 and I-694 is located to the south. In 1983 ,the property was created as a plot of its own, separate from Holiday Foods. There has been no setback or parking variances granted to this property in the past. The Cattle Company restaurant opened in 1983 and closed in 2004. The building is currently vacant, but the parking lot is being used informally as a park-and-ride lot for the bus stop at the corner. Pharmacies and convenience stores are permitted in the C-3 district. Staff was not able to find a rear yard setback in the C-3 FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 11 zoning, but they did find similar cases; Bona Brothers at 5333 University received a 25 foot rear yard setback variance to residential property in 1989; an industrial building at 7500 Commerce Lane received a variance in 1998 to reduce the rear yard setback from 25 feet to 8 feet; and Banfill Crossing, a senior apartment building on University Avenue, received a rear yard setback variance from 25 feet to 15 feet in 1996. As far as previous parking variances, Ms. Jones stated Target Superstore received a variance at the last Council meeting for 54% of the required parking while this petitioner is 87% of the code requirement. The City Code does allow a reduction in the parking stalls when the provisions of space required for parking stalls would be an unnecessary hardship. The City Code also states that adequate open space should be provided to satisfy the total number of required parking spaces. The parking ratio is one for 150 square feet of building area and the petitioner is seeking a variance for reduction of 11 parking stalls with no proof of parking proposed. Ms. Jones explained when reviewing such variance requests, staff considers if the public policy is being served, if there is a hardship, and if stipulations are needed to protect adjacent properties. As to public policy, the Comprehensive Plan states that existing commercial sites should be targeted for aesthetic improvements and land use efficiency improvements which this proposal will do. Similar variances have been approved in the past and the proposed variance will not negatively impact surrounding properties. As to hardship, the petitioner states that "Due to the fact that the site was originally designed for a former use... there are a number of practical difficulties... of the property that cause undue hardship in the strict application of the zoning ordinance." Staff acknowledges that it is difficult to redevelop properties designed for a different use. It should be noted that when the petitioner initially met with staff, they were requesting several variances to develop this site, but they revised their plans and eliminated all the variances except the rear yard and parking variances. There is a lot of unused parking in the surrounding commercial sites, so this parking variance is not expected to impact surrounding properties. The Appeals Commission held a public hearing on this request on June 22 and unanimously recommended approval. Staff concurs with the Appeals Commission recommendation noting that this proposal meets the redevelopment principals of the Comprehensive Plan; the petitioner has shown a statutory defined hardship; all similar setback variances have been approved in the past; and a similar parking variance has recently been approved. Ms. Jones stated staff recommends approval with seven stipulations which she outlined. Councilmember Bolkcom asked what impact would result if the rear yard setback and parking variances are not approved. She also asked how the size of this building compares to Walgreen's and whether or not there have been any problems with the Walgreen's site, particularly parking. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 12 Ms. Jones stated at the public hearing there was a great deal of comparison between Walgreen's and this petition. The CVS building is smaller than the Walgreen's store There is unused parking at the Walgreen's site. Councilmember Bolkcom questioned if having the drive-through prescription window would reduce the parking spaces required. She also asked if there is anything that can be done to eliminate the park-and-ride parking on these sites. Ms. Jones stated staff suggested this petitioner consider the same efforts Walgreen's has made to control park-and-ride, such as label the spaces closest to their building as 30 minute parking only. Mr. Hickok, Community Development Director, stated without the rear yard setback variance, the building would have to be reduced 1,650 square feet to be the right building footprint size. The drive-through pharmacy also impacts the rear yard. Jim LaValle, representing The Velmeir Companies, stated there would be three to four cars less per hour because of the drive-through window, but that varies. The CVS Pharmacy hours of operation will be from 8:00 a.m. to midnight with the drive-through window hours varying slightly. They intend to cooperate with staff as well as the transit authority to control park-and-ride parking and provide a pedestrian crossing to the corner and enhancements to the bus shelter. He also stated they have no objections to the stipulations recommended by staff. He then reviewed the traffic pattern for the drive-through window. Mayor Lund asked if proof of parking is included in this proposal. Ms. Jones stated staff discussed proof of parking at the public hearing and with the petitioner and they came to the conclusion that there is a lot of unused parking in the surrounding area and it makes more sense for them to have reciprocal parking arrangements with adjoining properties rather than proof of parking. Mr. LaVelle stated previous traffic studies show the optimum number of parking required is 65 and they have proposed 75. They believe there is ample parking for their customers. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Variance Request, VAR #05-11, with the following seven stipulations: 1) Petitioner shall obtain all necessary building permits prior to construction. 2) City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 3) Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 4) Petitioner to submit storm pond maintenance agreement (if a pond is necessary) prior to issuance of a building permit. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 13 5) Petitioner to meet all building, fire, and ADA requirements. 6) Petitioner shall create a four-sided building (architecturally to be reviewed and approved by staff prior to issuance of building permit). 7) Petitioner shall provide a pedestrian connection to the existing sidewalk along University Avenue NE and 57t" Avenue NE. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Award Design Contract to Bonestroo Rosene Anderlik and Associates for the Locke Park Filter Plant Improvement Project No. 364. Mr. Haukaas, Public Works Director, stated Bonestroo Rosene Anderlik and Associates has done a lot of work for the City in the past, so they are familiar with the City's water system. The Locke Park Filter Plant is located on the University Avenue East Service Drive immediately south of Columbia Arena. Repairs to the brick work and farade and replacement of the roof are listed in the City's capital improvement plan. He reviewed photographs of the existing building pointing out the areas that need attention. $200,000 was the original budget estimate, and funding for this project was included in the recent sale of bonds from the Water Enterprise Fund. BRAA has prepared a preliminary design report which was included in Council's packet. Four different options were considered and after review, staff has decided to proceed with Option 2 which is replacing the existing pre-cast wall panels with a new EIFS system to match profile and color of existing pre-cast concrete wall panels, cleaning up the building and fixing the roof. The cost estimate for this is $97,500. They have submitted a proposal for design work at $10,100 plus reimbursables. Staff is recommending the award of this project. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to award the design contract for the Locke Park Filter Plant Improvement Project No. 364 to Bonestroo Rosene Anderlik & Associates, not to exceed a fee of $11,225. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Motion to Approve the Creation of a Rain Garden Infiltration Basin in Jay Park , Generally Located at 6520 Second Street NE (Ward 3). Mr. Haukaas, Public Works Director, stated this is part of the City's current street reconstruction project. Staff has been working with the Rice Creek Watershed District regarding storm water for this region. As a result of that and some neighborhood input, staff has come up with a proposal to put an infiltration basin in the northwest corner of Jay Park. The Rice Creek Watershed District is requiring the City to add storm water improvements to this project as a part of their permit approval. Using Jay Park is the most economical solution to meet the requirements. What is being proposed is a rain garden infiltration basin which will intercept one of the City's storm sewer systems through that area, cutting it off, and creating a place where a lot of that water can pond FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 14 and infiltrate back into the ground rather than flowing directly into Rice Creek. The soils in that area are very conducive to this. Even in a large storm event, they do not expect to see water sitting in the pond area for more than a day. A neighborhood meeting was held on June 7 with nearly total support of this project. Conceptual drawings were mailed to the entire neighborhood with a request for comments or questions as well as the option of having rain gardens installed in front of their homes with cost-sharing by the City and the Rice Creek Watershed District. He spoke with the District today and they had received six requests to do that with a seventh pending. It has to be evaluated as to how many of the sites are viable but the decision was the City would take care of the mass grading and curb changes which are essentially no-cost items, and the homeowners could cost-share with the District for the plantings. This was the Rice Creek Watershed District's landscape architect concept for the infiltration basin. They added in the proposed trail from the hedges, benches and various amenities that can be added to the project. He reviewed pictures of existing rain gardens in other areas. Small retaining walls may be placed in the Jay Park ponding area just to add some shade to it rather than having a rectangular slope. They had to move the pond site further north than originally shown to the neighborhood because of an existing sanitary sewer main that cuts underneath the park. Mr. Haukaas said the Parks & Recreation Commission reviewed this proposal at a special meeting on June 25. They indicated they could not support it because of the loss of green play space and the need for more proof that the neighborhood supported the concept. After that meeting, Mr. Haukaas sent another letter to the entire neighborhood advising them of the Parks & Recreation Commission's decision and explaining that it would be an item on tonight's Council agenda. He received several calls in support and two in opposition. If this project is approved, the Parks Division would be responsible for the maintenance. This proposed pond will not be quite as deep and not as sharply sloped as other such ponds. They do not anticipate the pond will require a lot of maintenance and installation of the pond will mean less mowing area reducing maintenance to once a month rather than once a week. The Sewer Division will inspect the pond and, as necessary, will remove accumulated sediment from the bottom of the pond. As this is the most economical solution staff has found to meet the Rice Creek Watershed District's requirements and the neighborhood has been fully informed all along, staff recommends Council's approval. Councilmember Bolkcom asked how much further north the pond will be located. Mr. Haukaas responded it will be 20 to 30 feet north. It has a very gentle slope, dropping one foot every eight feet. He also explained that since they are working on a street reconstruction project in the area of Jay Park, they will have to take out so much dirt to rebuild the road base that to take out a scoop here and there for an additional rain garden requested by a resident is not an issue. Councilmember Bolkcom commented that the Parks & Recreation members were concerned about green space in this park. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 15 Mr. Haukaas stated there was originally a small ball field which has not been used in many years. Berms were put in for a hockey rink but that also has not been used. Dr. Burns, City Manager, commented that the City has differed with the Rice Creek Watershed District over their requirement for infiltration ponds for projects that encompass existing streets. To some extent, this is a concession to them and their right to require infiltration ponds. He questioned what this concession in 2005 would mean for costs in 2006. Mr. Haukaas stated he walked the entire 2006 project today with the Rice Creek Watershed District engineer looking for opportunities for storm water improvements and for a lot of it, there is no storm sewer whatsoever. If the City were to get any, it would have to be through voluntary residents having rain gardens in front of their homes. A lot of the streets are around Meadowlands Park, so they would not necessarily have to have a City-maintained rain garden, although that is a possibility. They should be able to make use of the existing pond in that area. Councilmember Barnette questioned if the storm water system for the Jay Park area empties into Locke Lake. Mr. Haukaas responded it all deposits into Locke Lake, which is essentially a storm water pond, but the impact will be negligible as there will be a reduction in flow. Councilmember Wolfe stated he does not have a problem with this project but questioned why the City is doing individual rain gardens. Mr. Haukaas responded that the individual rain gardens are purely voluntary with the only expense to the City being an extra yard of excavation here and there. The City has agreed to do the main excavation and changes to the curb. All the other costs such plantings and retaining walls would be cost-shared between the resident and the Watershed District. The individual homeowners will be responsible for maintenance of their rain gardens. Pete Eisenzimmer, 6535 Oakley Drive, stated this project is going to end up the same as Meadowland Parks--all the water from the street running down to the pond and into the creek. He said the City does not any more parks. He questioned the cost of this park. Mayor Lund explained Jay Park is an existing park and all that is being addressed is the need to collect storm water run-off for Rice Creek Watershed District. In fact, Rice Creek Watershed District is requiring the City to do something about the run-off. This is a much more viable and less expensive plan. Mr. Haukaas explained one of the original plans to meet Rice Creek Watershed District's full requirements was to do some under the street re-infiltration pipes and some treatment structures which would have cost in excess of $150,000. Staff started FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 16 negotiating with Rice Creek Watershed District and looking at other options. The total storm water improvements with this proposal are less than $60,000. Bruce Lundberg, 230 Rice Creek Terrace, stated he and his wife have lived at this location for 32 years and he can count on one hand the number of times he has seen any children playing on the baseball field in Jay Park. He supported the proposal by City staff and believed it to be the best solution for their area. The proposed location of the rain garden is basically a flat sand bed with weeds the City has to mow. By adding the rain garden, it will enhance the look of the neighborhood and compliment some of the existing landscaping. Unless the Parks & Recreation Commission has a specific plan for the use of that space, the rain garden should go in. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve the creation of a rain garden infiltration basin in Jay Park. Councilmember Billings asked if the satellite dish shown in the picture of this area will have to be relocated. Mr. Hickok stated it is no longer on the site. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for Adjustment of Salaries for the Mayor and Councilmembers in accordance with Section 207 of the City Charter. Pete Eisenzimmer, 6535 Oakley Drive, questioned why raises are being given when the City claims to be in the middle of a hardship situation. He believed that such a raise should be voted on by the public, not approved by the Council itself. Dr. Burns explained that the salaries are being increased by 3% which is the same cost of living adjustment being proposed for all City employees in 2006. Mayor Lund commented that the members of the City Council have not had a raise since 2003. The total amount of increase is only about $1,200. Councilmember Billings pointed out that he began serving on the Council in 1998. Between 1988 and now, the City Council has voted themselves an increase only six of the 18 years and no increase in 12 of those years. The cost of living has gone up 75% since 1987 and City Council salaries have only gone up about 37% in that time. Social Security goes up every year. The City Charter sets the procedure for salary increases. Joanne Zmuda, 6051 Fourth Street NE, stated Council's salary is not the issue. The Council chose to be council members and if they do not like the salary, they do not have FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 17 to be a member. If the City Council was a business and acted on matters such as development in single family neighborhoods, they would be fired. MOTION by Councilmember Barnette, seconded by Councilmember Bolkcom, to waive the reading of the ordinance and approve the ordinance on first reading. 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 ON A FOUR TO ONE VOTE. 13. Informal Status Reports Councilmember Wolfe responded to comments during Open Forum regarding Springbrook Nature Center funding. He explained that Council has made it clear that if the Council approves projects for the Springbrook Nature Center, the Foundation will have to raise enough money to be put in escrow to maintain the improvements. Councilmember Billings stated the words "money in the bank" is not what was written in the letter to the Foundation by Council. There has to be an adequate demonstrated, reliable, source of funding for maintenance of improvements. Jean Schwartz requested that e-mails submitted to Council on agenda items be admitted into the public record. Mayor Lund commented that e-mails sent to Council are a matter of public record. Mr. Knaak, City Attorney, stated everything that goes on during Council meetings is public and any correspondence received is public. Mayor Lund said the items brought up in the e-mails were discussed during the public hearing. Mr. Hickok, Community Development Director, explained there is a list that the state publishes about what is and is not to be retained as a permanent record. E-mails, once a response has been given, may be deleted. He recommended that any persons concerned about retention of records contact the City Clerk. Councilmember Bolkcom also pointed out that there are official minutes of the meetings as well as video tapes. Councilmember Bolkcom reviewed a letter from a Logan Parkway resident complimenting the work being done by the City and its staff in his neighborhood. In response to questions presented at the last Council meeting, she asked Dr. Burns to comment on a letter he received regarding Columbia Arena. FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 18 Dr. Burns, City Manager, stated the Minnesota Amateur Sports Commission has sent out letters to business owners asking whether or not they would be interested in funding the repairs needed for Columbia Arena. To date, there have been no responses. Requests for qualifications were sent out to a number of developers for this site as a potential redevelopment site and they received seven responses. Whatever proposal is made for this property would have to come before the City. ADJOURN MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:51 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor