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07/25/2005 - 00026910CITY COUNCIL MEETING CITY OF FRIDLEY J U LY 25, 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 Jon Haukaas, Public Works Director Rebecca Brazys, Recording Secretary PROCLAMATION: • National Night Out — Tuesday August 2, 2005 Mayor Lund presented the proclamation to Myra Harris from the Fridley Police Department. `49ER DAYS ROYALTY: Peter Borman, `49er Days President, introduced the royalty for `49er Days. PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: • City Council meeting of June 27, 2005 — APPROVED. • City Council meeting of July 11, 2005 — APPROVED. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 2 OLD BUSINESS: 1. Second 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 2.07 of the Charter of the City of Fridley. Dr. Burns, City Manager, explained the ordinance increases the Mayor's and Council's salaries by 3% beginning January 1, 2006. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1205 ON SECOND READING. NEW BUSINESS: 2. Receive the Minutes of the Planning Commission Meeting of July 6, 2005. RECEIVED. 3. Special Use Permit Request, SP #05-02, by Amtech Lighting for Holiday Companies to Allow a Changeable Electronic Sign Pursuant to Section 214.07 of the Fridley City Code, Generally Located at 200 - 57t" Avenue NE (Ward 3). Dr. Burns, City Manager, explained this sign meets all City size and setback requirements. There have been no comments from the public on this proposed change. The Planning Commission approved the permit by unanimous vote at their July 6 meeting. Staff recommends Council's approval subject to three stipulations. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Resolution Approving a Plat, P.S. #04-05, Klucsar Addition, by Yoava Klucsar for the Purpose of Creating Two Single Family Lots, Generally Located at 1420 Rice Creek Road NE (Ward 2). Dr. Burns, City Manager, stated this resolution provides for the creation of two single family lots. Staff recommends Council's approval subject to the following eight stipulations: 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of building permits. 3. 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. 4. Petitioner to properly maintain Lot #2 until sale occurs. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 3 5. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 6. Petitioner shall provide easements as shown on preliminary plat drawing. 7. The garage on Lot 2 shall remain for a maximum of one year. If the new residential home is not constructed within that one year time frame, the garage shall be demolished as garages are accessory uses in a single family zoning district. 8. The garage on Lot 2 shall be made compatible with the future residential structure on this site, through the addition of a residential roof design and siding. ADOPTED RESOLUTION NO. 2005-33. 5. Preliminary Plat Request, PS #05-06, by the City of Fridley to Correct Right- of-Way Boundaries for Street Reconstruction, Generally Located at Glen Creek Road and Logan Parkway (Ward 3). Dr. Burns, City Manager, stated the City of Fridley is the petitioner in this matter. The City wants to replat the properties located at 151 Glen Creek Road and a City-owned lot directly south of Glen Creek Road to correct right-of-way boundaries in conjunction with the 2005 street reconstruction project. The property owner of 151 Glen Creek Road is in agreement. The Planning Commission approved the replat at their July 6 meeting. Staff recommends Council's approval. APPROVED. 6. Preliminary Plat Request, PS #05-07, by the City of Fridley, to Correct Right-of-Way Boundaries for Street Reconstruction, Generally Located at Ely Street and Liberty Street (Ward 3). Dr. Burns, City Manager, stated the City is seeking to clarify and widen right-of-way boundaries along a railway service drive located between Ely and Liberty Streets. All of the impacted property is already City-owned right-of-way. The owner of both abutting properties at 160 Ely Street and 160 Liberty Street agrees to the change with the exception that the City will do a future land swap with him. One letter of opposition was received from the resident at 176 Ely Street. But that letter appeared to focus on removal of trees that were scheduled to be cut as part of the street reconstruction project. There were no objections raised at the public hearing before the Planning Commission. Staff recommends Council's concurrence with the Planning Commission approval. APPROVED. 7. Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements; Neighborhood Street Improvement Project No. ST. 2005-3. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 4 Dr. Burns, City Manager, stated this legislation establishes the public hearing for the assessment of certain costs associated with the extension of 73 '/ Street. Mr. Van Auken is to bear full responsibility for the creation of a new cul-de-sac on his property. Four abutting property owners would be responsible for assessments associated with the installation of concrete curb and gutter along that portion of the street where the existing cul-de-sac is being replaced (a distance of approximately 120 feet). Staff recommends setting the public hearing for August 8, 2005. ADOPTED RESOLUTION NO. 2005-34. 8. Appointment — City Employees. Dr. Burns, City Manager, stated staff is recommending the appointment of Randi Schanus and Ryan George to fill positions vacated by the resignation of Nathaniel Behlen and the retirement of Skip Standahl. Randi Schanus has an Associate of Arts degree from North Hennepin Community College in Law Enforcement and has been employed as a Detention Deputy by the Hennepin County Sheriff since April 2002. Ryan George earned a Bachelor of Arts degree in Criminology from the University of Minnesota at Duluth and has worked more than 300 hours with the Duluth Police Department Detective Unit. Staff recommends Council's approval. APPROVED THE APPOINTMENT OF RANDI SCHANUS AND RYAN GEORGE AS PATROL OFFICERS. 9. Claims: 122447 — 122623. APPROVED. 10. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Billings requested that Item 3 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to approve the consent agenda with the removal of Item 3. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom, seconded by Councilmember Barnette, to approve the agenda with the addition of Item 3. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED. OPEN FORUM (VISITORS): Jean Schwartz, 1372 64t" Avenue NE, expressed concern about the actions of Community Development staff inembers in relation to new development. Councilmember Billings reminded Ms. Schwartz of the purpose of Open Forum and suggested that if she has a complaint about staff inembers, she should bring that to the City Manager. Councilmember Wolfe took issue with Councilmember Billings's statement and said he believed that Open Forum is an opportunity for all comments. Ms. Schwartz pointed out errors in the planning packet for the recently approved DeMello project. She specifically referred to the master utility and grading plan for the DeMello project which states that Stillwater inspectors have to be on site. Also an existing house was left off the plans for this project. She stated it is staff's job to review development plans and catch such mistakes. She also questioned whether the corrected master plan will have to go back for Council action. There are a record number of homes for sale in Fridley and the City is driving business and residents out of the area. Mayor Lund asked Ms. Schwartz to share the errors she found in the DeMello plat with Council members via email. Don Anderson, 7304 West Circle, stated he believes Council has done a wonderful job. Pam Reynolds, 1241 Norton, commented that the Planning Commission considered a petition for rezoning at their last meeting where there was no site plan submitted and no specific use for the property. She wondered if we are going to get to the point where the process required in the City ordinance is short-circuited. Joann Zmuda, 6051 64t" Avenue NE, spoke in opposition to the high density housing the City is allowing to be built in single family neighborhoods. High density alters the character of the neighborhood. Council seems to pick and choose which part of the Comprehensive Plan they wish to follow and which lawsuits they wish to pursue. Many residents spoke in opposition to the DeMello proposal yet Council approved the project. OLD BUSINESS: 11. Second Reading of an Ordinance Amending Fridley City Charter, Chapter 7, Taxes, Section 7.03.A, Pertaining to Utility Fees. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 6 Mr. Pribyl, Finance Director, stated at their June 13 meeting, Council approved the first reading of an ordinance to initiate the action of bringing to the voters on November 2 a question regarding the water, sewer and storm water operations. This matter was then forwarded to the City's Charter Commission for their review. The Charter Commission met July 8 and after extensive discussion, recommended approval of the proposed amendment. State law requires that Charter amendments to be placed on the ballot for a general election be forwarded to the county twelve weeks before the general election. This would require the City to notify Anoka County by August 16. Mr. Pribyl reviewed the background of this issue explaining that in 2000 an initiative petition amended the City Charter. In 2000/2001 an ad hoc work group met to remedy confusing language and recommended an amendment to the Charter Commission to review. In 2001, the Charter was amended by Ordinance 1152. The Charter amendment placed a cap on the amount the City could charge for utility fees which resulted in an unintended consequence which caused the City the inability to recover the full cost of providing water, sewer and storm water services. In 2004, the Charter was amended by ordinance and a successful referendum petition was circulated resulting in the defeat of the amendment at the general election. During the 2006 budget preparation and planning it was again determined that the City would continue to be unable to recover its full cost to provide water, sanitary and storm sewer services due to the language in the Charter, continuing the loss the City has been incurring. This proposed amendment would help eliminate the continuing losses and the continuing subsidies from utility improvement funds and other future dedicated sources. The end result is the following ballot question: "Shall the Fridley City Charter be amended so as to permit water, sewer and storm water utility charges above the rate of inflation without the passage of a referendum for such increase? Yes / No" This is what would appear on the ballot this fall. If this second reading is approved, the special election will be held Tuesday, November 8, 2005, in conjunction with the school district elections. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to waive the reading of the ordinance and adopt the ordinance on first reading. Councilmember Billings asked for discussion on the revised amendment language presented by staff. Mr. Knaak stated Council has the duty to put any Charter amendment before the citizens of the City in as clear and succinct language as possible. This would be the last time the Council would be able to look at the language and decide whether or not it is clear enough. The question has arisen as to whether or not the language before Council at the time of the first reading could be made clearer. The draft presented this evening succinctly summarizes the proposed amendment. Under the provisions of the statutes Council is allowed to do that. Councilmember Billings asked if there is any precedence for the ballot question being a summary of the amendment. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 7 Mr. Knaak responded there were a number of Attorney General's opinions dealing with specific ballot questions that related to this. Council has a great deal of discretion as to the form and language of the ballot. The Attorney General, however, has outlined that Council is allowed to summarize lengthy changes and provisions as part of the ballot question in an effort to make sure that it is clearly stated. Councilmember Billings asked Mr. Knaak if it is his opinion that the language on version 3 is a fair statement of the intended change: "Shall the Fridley Charter be amended so as to permit water, sewer and storm water charges above the rate of inflation without the passage of a referendum for each such increase?" Mr. Knaak responded that it is. Mayor Lund commented that the current Charter language states the rate of inflation or 5%, whichever is less, but the proposed language refers only to the rate of inflation and excludes reference to the 5%. Mr. Knaak explained the language being excluded does allow for the rate of inflation and does not allow for the 5%. Councilmember Barnette stated the concern of the people when they changed the referendum was very clearly that 5% or the rate of inflation, whichever is greater, be in the ordinance and would remain in there with the exception of this particular item. It would continue to apply to all other things, except the utility services. Mr. Knaak responded the 5% would continue to apply to other items, but not this. The 5% cap is designed for situations where there is a rate of inflation that is in excess of 5%. The language is correct. Councilmember Wolfe commented that the three rates involved in this amendment are not rates that are set by the City. Dr. Burns, City Manager, stated that a portion of the sewer rate is set the Metropolitan Environmental Services of the Metropolitan Council and many of the utility-related expenses the City incurs are a result of Federal and State mandates. Mayor Lund commented that 73% of the current sanitary sewer bill covers outside fees. The mandates Dr. Burns referred to are unfunded mandates. Mr. Haukaas explained that some of the upgrades to the Commons Filter Plant are a result of increased restrictions on what can be found in City water. Dr. Burns asked Mr. Knaak if he had a concern about changing the wording after the Charter Commission had already considered the matter. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 8 Mr. Knaak responded that it is his interpretation of the City Charter and state law that this procedure is appropriate. He stated if there was a substantive change in the language, there might be a problem, but this has been a change in form as to the language on the ballot, not the amendment itself. Councilmember Billings questioned if Mr. the City Charter does not need to be on thereof. Mr. Knaak stated that is correct. Knaak is stating that the actual language in the ballot, but an informative description MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to amend the language of the ordinance by striking everything after the words "the following question:" and inserting in lieu thereof, the following language: "Shall the Fridley Charter be amended so as to permit water, sewer and storm water changes above the rate of inflation without the passage of a referendum for each such increase? Yes / No." Pam Reynolds, 1241 Norton, Charter Commission member, stated when the Charter Commission met on this matter, they took action based on the full language and that is what was recommended to the Council per Minnesota Chapter 410. She questioned if this now needs to go back to the Charter Commission since the language has been changed. She also believed that the City Charter 3.09 requires that the full language for such an amendment be on the ballot. Councilmember Bolkcom commented that several members of the Charter Commission participated in a recent joint meeting with the Council and other City commissions and they were concerned that the ballot question at the last election was too long and confusing. Mr. Knaak stated after reviewing the City Charter, he believes that because the ordinance amendment itself has the full text as approved on first reading, Council is meeting the Charter requirements. This is not a situation where the Charter Commission has requested an amendment, but Council is initiating the action. Council has the right to amend ordinances and present such amendments to the Charter Commission for review. The descriptive language on the ballot is entirely up to Council's discretion. Bill Holm, 7424 Melody Drive, Charter Commission member, stated this was discussed at length and the Charter Commission approved the proposed Charter language without any changes. In terms of what is being presented to the voters, he is very comfortable keeping the language brief and clear. He did not see a need for this to go back to the Charter Commission because of the changes in the wording for the ballot question itself. The concept is sound; the utilities should be a self-sustaining function. Mayor Lund suggested that the complete amendment be included in information to Fridley residents. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 9 Peter Borman, 120 River Edge Way, Charter Commission member, asked why the Council is not considering the second option presented for the ballot question. Councilmember Bolkcom stated in her opinion, the second option, which referred to the rate of inflation and 5%, is more confusing than the third option which is stated more simply. UPON A VOICE VOTE ON THE MOTION TO AMEND THE ORDINANCE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOVED FROM CONSENT AGENDA: 3. Special Use Permit Request, SP #05-02, by Amtech Lighting for Holiday Companies, to Allow a Changeable Electronic Sign Pursuant to Section 214.07 of the Fridley City Code, Generally Located at 200 — 57t" Avenue NE (Ward 3). Councilmember Billings explained that he does not have any problem with this proposal but does have a question about the second stipulation. If the City ordinance is changed in the future to reduce the amount of time between message changes on such a sign, this stipulation would take precedence over the new ordinance. He recommended Stipulation 2 be revised. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve Special Use Permit, SP #05-02, with three stipulations. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to amend Stipulation 2, striking the words "once every 45 seconds" and inserting the words "provided by Fridley ordinance". UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE AMENDMENT CARRIED UNANIMOUSLY. UPON A VOICE VOTE ON THE MAIN MOTION, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION TO APPROVE SPECIAL USE PERMIT, SP #05-02 WITH THE FOLLOWING THREE STIPULATIONS, CARRIED UNANIMOUSLY. 1) Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2) Message on LED section of sign cannot change more often than provided by Fridley ordinance. 3) Message on LED section of sign can never flash or have motion that may distract vehicular traffic in the area. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 10 NEW BUSINESS: 12. Preliminary Plat Request, PS #05-05, by BAE Systems (formerly United Defense) to Replat their Property, Generally Located at 4800 East River Road NE (Ward 3). Mr. Hickok, Community Development Director, stated petitioner is requesting that the property at 4800 East River Road be replatted into three parcels. The subject property is zoned M-2, heavy industrial and no zoning change is proposed. The property is surrounded by M-2 to the north, south and east and park property to the west. The subject property has been developed since 1940 and has had different owners and several alterations. There is one access point on the north side on 51 St Way and two on East River Road. The United States Navy used to own the northern portion of this property and the southern portion of the subject parcel is sealed as a contaminated area. The company wants to clarify future liability for past ownership boundaries. The lot line between Lots 1 and 2 runs through the existing building. State building code does not permit zero lot lines without closed separations. The plat continues the building's legal, non-conforming status. The uses cannot change from M-2. If Lots 1 and 2 are sold separately, the building openings would need to be separated. Mr. Hickok further stated that the petitioner has requested waiving of the park dedication fees for this plat. City staff and the City attorney are recommending that the fees be waived due to the fact that United Defense has met an option in the City Code of giving park land. Council will need to make that decision. The Planning Commission held a public hearing on this proposal on July 6 and unanimously voted to approve the preliminary plat with two stipulations. The petitioner has since requested that the first stipulation be reworded and the second be eliminated. Staff concurs with the Planning Commission recommendation and finds the petitioner's revised language for Stipulation #1 acceptable. Staff agrees with the petitioner that the second stipulation is redundant. Staff's recommendation for stipulations to this proposal has now been revised to the following: 1) Petitioner may not sell Lot 1 or Lot 2 independently without meeting the requirements of the State Building Code, reference section 1305.0507.4.1, Property Lines. Mr. Hickok further explained that the second stipulation originally recommended by staff is "stating the obvious" and for that reason staff is fine with this stipulation being eliminated. He then reviewed the plot plan for this site explaining that the petitioner plans to maintain the space that they are in and provide the opportunity for other development to occur within the large complex. They have asked to divide off a parcel at the southern end where there is soil contamination and in reference to their earlier agreements to maintain liability and clarify ownership of that land. They wish to establish separate legal descriptions so future developers will be able to take Parcels 1 and 2 to develop as necessary. Staff recommends approval of this plat. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 11 Councilmember Billings asked for clarification of the existing lot lines. Mr. Hickok replied that Lots 1 and 2 are already divided with the actual change being the creation of Lot 3. Councilmember Billings stated he has had no concerns with the petitioner, but land use decisions have long-term results. He was concerned about future owners of this property and how Lot 3, the contaminated site, will be handled. Particularly, if it becomes a tax forfeiture property which then becomes the responsibility of Anoka County. Jeff Van Keuren, Public Affairs Manager for BAE (formerly United Defense), stated the reason for requesting this new property division is part of their long history on this site. There have been different owners over the years but there has always been a strong commitment to be good neighbors and good citizens. By dividing off the contaminated site and allowing them to continue the ownership of that site no matter what, they will take care of the site. It is not an attempt to subdivide it so they can get rid of it but is an attempt to subdivide it so they can take care of it into the future. Mayor Lund commented that the City believes the petitioner has been a good neighbor. He asked if petitioner intends to sell Lot 1 and/or Lot 2. Mr. Van Keuren responded that they are not fully utilizing the existing building. They are looking for options to bring in additional companies and additional workers into that facility which would get rid of any piece of the building that is not being used and brings in more employees and better utilization of the property. This potentially could include the sale of the property except for the contaminated site. Councilmember Bolkcom asked if the petitioner is under any federal contractual obligation for the contaminated site. Mr. Van Keuren responded there are limitations but he was not aware of any contractual obligations. Mayor Lund suggested this matter be continued until such a time that the Council has some assurance that the contaminated site will be taken care of. Mr. Van Keuren stated petitioner is open to working with the Council to reach resolution. Councilmember Billings stated he is very excited about the prospect of developing this site. He does have concerns that if this property goes to tax forfeiture, it would become Anoka County's responsibility. He would be more comfortable voting on this matter after Anoka County has had an opportunity to review it. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 12 Mr. Van Keuren commented that as a Superfund site, petitioner is tied to the property for the remediation of that site through the Environmental Protection Agency and the Minnesota Pollution Control Agency under an agreement they have made with them. Mr. Knaak, responding to a written question from Councilmember Barnette, stated the fact that this is a Superfund site brings with it a number of responsibilities and an identified responsible party. MOTION by Councilmember Bolkcom, seconded by Councilmember Billings, to table consideration of Preliminary Plat Request, PS #05-05, in order to obtain the necessary information, fully examine and study the request, extend the review period for the City Council action an additional 60 days and to notify petitioner in writing of the 60-day extension as soon as possible. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Master Plan Amendment Request, MP #05-01, by Yale Place Associates to Increase the Number of SurFace Parking Spaces and Permit the Construction of a Raised Parking Structure, Generally Located at 6499 University Avenue NE (Ward 1). Mr. Hickok, Community Development Director, stated Yale Place Associates, the petitioner, asked that he inform Council that there will be a partnership known as 6499 Partners who will own and operate the existing building. The petitioner is hoping to purchase the former Target Northern Operations Center at 6499 University Avenue. They are requesting the master plan amendment to allow smaller width parking stalls (8.5 to 9.5 feet wide) and a different location for a parking ramp. The parking stalls closest to the building will have the largest dimension. Columbia Park previously requested and received approval for a similar change to increase parking spaces. The accessible stalls will remain the standard 10 feet in width. The narrower stall widths will allow the addition of 32 at grade parking stalls. The petitioner has determined that future tenants for this building will need a higher parking to square footage ratio than currently exists. As for the parking deck, petitioner has submitted two separate plans; one for 104 and another for 148 stalls. The determinant will be a result of the tenant who ultimately utilizes the building. The master plan being considered should be based on the largest ramp at 148 stalls. Mr. Hickok said since the HRA reviews master plan amendments in redevelopment districts, this matter was reviewed at the July 7 HRA meeting. They did express concerns over the parking stall width reduction. Another issue discussed, which is strictly an HRA issue, is the actual buy-out of the land by the petitioner. The HRA has an agreement with Target Corporation, the current property owner, for a buy-out in 2014 at a pre-determined amount of $300,000. This will be evaluated by the HRA. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 13 Mr. Hickok stated the Planning Commission held a public hearing on July 6 and there were concerns about parking stall width reduction, landscaping loss, and traffic impact if a retail use were to go into this site. After some discussion, the Planning Commission approved the amendment with four stipulations. Staff concurs with the Planning Commission's recommendation for approval with an additional two stipulations in response to the landscaping concerns of the Planning Commission. Councilmember Bolkcom asked what reassurances the City has that visitors to the petitioner's site will not be utilizing City parking space. Mr. Hickok stated the stipulations to the Master Plan should address this concern. Per a recent parking study, City Hall does not currently have a parking problem, but staff does not want to see city staff or Columbia Park employees displaced. The master plan requires that they plan ahead to avoid off-site parking during construction. Dr. Burns, City Manager, asked how Stipulation #4 will be enforced. Mr. Hickok responded the master plan would come back to Council for any violation of the stipulations. Essentially the master plan is a contract that the petitioner must abide by. A parking analysis of the entire quadrant commissioned by the HRA revealed that City Hall does not need additional parking but does need parking management. As to the petitioner's site, the market for that building is large tenants who want more parking spaces per square feet than is currently provided. Mark McCary, Yale Place Associates, explained that in their effort to get a plan before the City, they failed to spend much time on the actual landscaping plan. They have since reviewed the landscaping with their architects and submitted a revised plan with landscaping. The amount of permeable area currently on their site is approximately 2,000 square feet. This proposed plan increases that to 3,000 square feet. The layout is configured differently and provides an opportunity for low-profile landscaping and mulching to soften in a more uniform way. In addition, they are committing to an extensive landscaping addition to the east side of the building. The overall plan is to try to reintroduce this building to Fridley as a new, renovated project and fill it up again. The bottom line is that today employers looking at buildings with 25,000 foot floor plates want 4 to 6 parking stalls per thousand square feet of floor area. Currently there are 3.4 spaces per square foot. By re-striping the lot, they gain 32 stalls. Stipulation 5 would account for 35% of the net parking space, which he is concerned about, but they are willing to work with City staff to come up with a plan that works well for everyone. Step one will be to re-stripe the current surface. The odds are slim that that increase alone would be enough to satisfy a new user. Step two would be the construction of the parking deck. They anticipate users who are good employers and good tenants. They currently have the right to build structured parking now with no height limitations, so they are not introducing something they do not have the right to do. They are simply reconfiguring it. Councilmember Billings questioned the number of 8.5 foot stalls. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 14 Mr. McCary responded that in Phase one there will be 253 8.5 foot stalls, 25 9 foot, 34 9.5 foot and 8 handicapped accessible stalls. The norm is 8.5 foot wide stalls in most municipalities where parking is an issue. Mr. Hickok commented that staff conducted a parking study at the time of Medtronic's similar request and found that it is not uncommon to find 8 foot stalls downtown and even 7.5 foot stalls in the University of Minnesota parking areas. Mr. McCary commented that one concern at the Planning Commission meeting regarded the impact of a retail use. It is not their intention to bring in retail on this site. They are looking for a corporate or regional headquarters with all day employee parking and very low parking turnover. The visitor parking will be up front where the larger stalls will be located. Councilmember Bolkcom asked if the petitioner is questioning Stipulation 5. Mr. McCary stated he would like to propose the following language for Stipulation 5: "Petitioner shall obtain staff approval of a revised landscape plan that will provide ground cover shrubbery in the median areas. Petitioner shall also provide plans for additional landscaping on the eastern side of the building near the parking area." Mr. Hickok said if Council is comfortable with this language, staff would be happy to work with the petitioner. Mr. McCary further stated that they would like to clarify Stipulation #3 that the re- striping of the parking lot can occur at any time following acquisition of the property by the petitioner. Mr. Hickok had no objections to this change. Councilmember Wolfe commented that he would like to see the petitioner have the flexibility provided in the amendment suggested for Stipulation 5. Mayor Lund asked if the petitioner will maintain the reduced width stalls even with the installation of the parking ramp. He added he wants to see the building on this property utilized but is concerned about reducing so many of the parking stall widths. Mr. McCary stated they want to keep the reduced width even with the parking ramp construction. The economics of constructing structured parking are huge. They are not asking for significant contributions from the City to help fix existing problems, but there are limitations on what the market will allow. Dr. Burns asked what will trigger the construction of the ramp and what happens if the ramp is never built and the building maxes out with employees. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 15 Mr. Hickok stated that is the purpose of the stipulation. The intent is that their parking lot be self-sustaining; that they do not displace vehicles at any point to adjacent parking areas or streets. Also, staff is working on signage for the municipal ramp to better manage the City's parking area. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to approve Master Plan Amendment Request, MP #05-01, by Yale Place Associates with stipulations. MOTION by Councilmember Billings, seconded by Councilmember Barnette, to delete Stipulation 5 as presented and replace it with "Petitioner shall obtain staff approval of a revised landscape plan that will provide ground cover shrubbery in the median areas. Petitioner shall also provide plans for additional landscaping on the eastern side of the building near the parking area." UPON A UNANIMOUS VOICE VOTE, MAYOR LUND DECLARED THE MOTION ON THE AMENDMENT CARRIED. Councilmember Billings questioned if the petitioner is requesting additional language in Stipulation 3. As he reads that stipulation, it states that the petitioner shall stripe the lot. Mr. McCary explained that the concern was basically the time line as to when the striping can be done. Considering Councilmember Billings' interpretation, a change to the wording is not essential. Councilmember Billings asked Mr. Hickok if it is staff's intent to preclude the petitioner from doing the striping immediately upon receiving title to the property. Mr. Hickok responded they were not even that specific. Mr. McCary indicated that he is fine with Stipulation 3 as presented by staff. UPON A UNANIMOUS VOICE VOTE, MAYOR LUND DECLARED THE MOTION TO APPROVE MASTER PLAN AMENDMENT #05-01 WITH THE FOLLOWING STIPULATIONS CARRIED UNANIMOUSLY. 1) Petitioner shall obtain all necessary building permits prior to construction. 2) The proposed parking structure additions shall be architecturally compatible with the existing building and finished with complementary building materials (as shown in petitioner's plan entitled Parking Structure Elevation — South). 3) Parking stalls to be reduced to 9.5 feet. 9.0 feet, and 8.5 feet in width respectively shall be striped as identified in proposed plan and remain striped as such unless further modifications are made to the Master Plan after appropriate Commission / Council action has been taken. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 16 4) No off-site parking will be permitted during construction of the parking deck. All necessary precautions and logistics planning must be done to assure public safety and to assure demands will not be placed on adjacent parking facilities, or streets, as a result of the parking deck construction. 5) Petitioner shall obtain staff approval of a revised landscape plan that will provide ground cover shrubbery in the median areas. Petitioner shall also provide plans for additional landscaping on the eastern side of the building near the parking area. 6) Petitioner shall work with a landscape architect to find a means to soften the appearance of the parking structure with landscaping. 14. Approve Change Order No. 1 for the 2005 Neighborhood Street Improvement Project No. 2005-1. Mr. Hausas, Public Works Director, explained there has been a lot of discussion on this project. Dr. Burns had expressed some concern that the costs were a little high for the additional work. Mr. Haukaas had always thought that the structural storm water treatment devices, which are a big part of this cost, would be above the original cost. This change order includes some items on the first two phases of the project including the removal and replacement of a storm sewer crossing that was deteriorating and collapsing, as well as a couple areas of soil corrections. The change in storm sewer design is a little longer and deeper resulting in more costs and the infiltration area is an added cost. There is a net cost to the change order of $91,790.20. Since this change order was put together, two additional items were found to be unnecessary resulting in a savings of $10,000. If anything, the Council can call this a negotiated agreement with the Watershed District to come up with storm water additions to meet their rules. It has been discussed with the neighborhood several times and they are in favor of it. Staff recommends Council's approval. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to approve Change Order No. 1 for the 2005 Neighborhood Street Improvement Project No. 2005-1 in the amount of $91,790.20. UPON A UNANIMOUS VOICE VOTE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Informal Status Reports: Mayor Lund announced the Historical Society's 12t" annual August Fest will be held August 1. Councilmember Barnette reminded everyone of National Night Out on August 2. Dr. Burns stated the City newsletter will be going out the first week of August. FRIDLEY CITY COUNCIL MEETING OF JULY 25, 2005 PAGE 17 ADJOURN: MOTION by Councilmember Barnette, seconded by Councilmember Wolfe, to adjourn. UPON A UNANIMOUS VOICE VOTE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 10:10 PM. Respectfully submitted by, Rebecca Brazys Recording Secretary ������ Scott J. Lund Mayor