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11/08/2010 - 29321CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 8, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:31 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak MEMBERS ABSENT: Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Debra Skogen, City Clerk Julie Jones, Planning Manager James Kosluchar, Public Works Director Michael Schifsky, Ashland Inc. BOARD OF CANVASS: Receive and Certify the Statement of Canvass from the General Election of November 2, 2010. Debra Skogen, City Clerk, stated the general election was held on Tuesday, November 2. Councilmembers from Wards 1, 2, and 3 were on the ballot. In Ward 1, Jim Saefke was on the ballot with no opponent. In Ward 2, Dolores Varichak and Pam Reynolds were on the ballot. In Ward 3, Ann Bolkcom was on the ballot with no opponent. Minnesota state law requires the City Council to canvass between the third and the tenth day after the election. Ms. Skogen stated the total number of registered voters on Election Day at 7 a.m. was 15,146. The number registering on Election Day was 987. Registering through the absentee ballot process as non-registered voters were 25. The total number of registered voters was 16,147 at the end of the evening that night. Ms. Skogen stated the number of ballots cast at the polling locations was 9,461. The number of ballots cast by absentee was 508. The total number of ballots cast in the City of Fridley 9,969. The voter turnout for this year's general election was 61.7 percent. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 2 Ms. Skogen stated the total number of votes cast for Councilmember Ward 1 for Jim Saefke was 2,397. The total number of votes cast for Councilmember Ward 2 for polores Varichak was 1,522; and for Pam Reynolds, 1,265. Therefore, Councilmember Varichak was the winner. The total number of votes cast for Councilmember Ward 3 for Ann Bolkcom was 1,964. Councilmember Varichak stated when she added up the numbers for the registered voters, the total was 16,15 8, not 16,147. Ms. Skogen said they can make that correction. However, the total number of votes that were cast and how they were cast and the names of the election judges and the ballots is what they are canvassing. MOTION by Councilmember Varichak to receive an additional sheet of paper provided the City Council on the canvass report of the general election November 2, 2010. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to receive and certify the Statement of Canvass from the General Election of November 2, 2010. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING PRESENTATION: Election Update Ms. Skogen stated planning for the election actually began in March because of many changes in the State law and the August primary election date. Ms. Skogen said she prepared a calendar of events from June through December on elections. It included deadlines for legals, the absentee ballot voting period, the election days, pre-registration cutoff, healthcare voting, election judge training and clerk training, testing of equipment and our public accuracy test, and canvassing the results. Ms. Skogen stated they have a test check that they have to mark for each precinct. Some of it is done by hand and some of it is done through the use of the AutoMark In the first four ballots of our test deck they have to actually put the ballots through the AutoMark which is a ballot marker, and the AutoMark actually marks the ballots that then go into the AccuVote. Ms. Skogen stated the County prepares the test decks for the City, and the City has to come up with the same results the County came up with. After that is done, they run two additional tests. They take the machines to the precincts and send the results at each polling location. That way FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 3 they know the modems at each polling place are sending the results and the County is receiving the proper results. Ms. Skogen stated the day before election they have blue boxes provided by the County with some supplies, and the City supplements them with additional supplies. The head judges come in on the Monday before the election, pick up the ballots and the AccuVote in the blue boxes; and secure them overnight. The AccuVote comes into their house; they plug it in and keep it warm. The ballots are usually locked in their trunk and then they take them to the poll on Election Day. Ms. Skogen said there were a lot of people involved in elections—the Secretary of State's office, the County and the City Clerk's office. There are three people who are on the election staff. There were seven individuals who were on the Absentee Ballot Board. Once a day the Absentee Ballot Board would meet and accept or reject ballots. If it was accepted, they would enter the information into the State Voter Registration System. If it was rejected there was a certain period where they could send letter and then eventually call people. Therefore, if their ballot was rejected the day before the election, they were given an opportunity to come and vote on Election Day. Ms. Skogen stated the City had about 183 election judges. We had 27 co-head, head, and assistant head judges. Public Works help set up the ballot boxes, voting signs and the blue voting booths at the various precinct locations. They deliver and pick up the equipment the day before the election and the day after the election. Ms. Skogen stated the day before the election, the head judges are in training learning anything additional they may need. At the same time they are required to do a public accuracy test. Each machine has their test deck gone through by the head judges. They actually do all 13 precincts. Ms. Skogen stated on Election Day they had a few difficulties first thing in the morning, but most of the day was pretty uneventful. They had three precincts that had election equipment difficulties first thing in the morning. They were able to get the machines working. Ms. Skogen stated they did have a challenger at Springbrook, Ward 3, Precinct 1, who they felt was a little disruptive to not only the workers but also some of the voters. Most of the other challengers they had were very good, very polite and did what they asked them to do. Ms. Skogen stated at the end of the night when they are transmitting their results to Anoka County, they tabulate the first tape and work on the summary sheet and bring this to a telephone analog line. They plug in the machine, and the machine walks them through transferring the results. When they are done they take it back and finish the results of the tapes. Ms. Skogen stated the information received and certified by the Canvass Board was provided by the tape from the AccuVote and the summary sheet statistics the judges fill out, and the statistics for the absentee ballots. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 4 Ms. Skogen said Dr. Burns asked her how the legislature had changed from this election. In the Minnesota Senate, there were formerly 46 Democratic senators and 21 Republican senators. Now there are 37 Republican senators and 31 Democratic senators. This year there will be a move, because whoever the majority is offices in the Capitol. In the Minnesota House, 87 house members were Democrats and 47 house members were Republican. Now there are 72 Republicans and 62 Democrats. There are three recounts that may occur in other areas in the State. Ms. Skogen stated the State Canvass Board will meet November 23. The recount will begin November 29 at 9 a.m. all over the State. For the City of Fridley, Anoka County will be conducting the recount, like they did the last time. If anyone is interested in watching it, they can go to the Anoka County Offices at 325 East Main Street in the lobby off of Third Street. The County will be contacting us with further details about the recount. Mayor Lund asked for the timeline after the recount. Ms. Skogen stated the deadline for the recount is December 7 according to the Secretary of State. They plan to start canvassing on December 8. The information says, State Canvass Board meetings, so it looks like they might be having several, December 8, 9, and 10, and 14. Councilmember Barnette asked about how much it cost to conduct a general election for the residents of Fridley. Ms. Skogen replied between $15,000 to $17,000, because they hire more election judges, and that is the biggest cost. Councilmember Barnette asked if there was any cost to the City of Fridley for the recount. Ms. Skogen replied, for salaried employees like herself there is no extra fee. If there was overtime it would be provided, but it is usually done during the workday. If they need extra people and election judges helped, the City would pay them. Dr. Burns asked if they have to replace the voting machines, are they looking at $60,000 to $70,000. Ms. Skogen replied, she thought they were looking at closer to $90,000. From what she understands, the equipment has to be certified both at the federal and state level. She said the thought they would explore to see what was out there next year. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 25, 2010 APPROVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 5 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of October 20, 2010 Councilmember Varichak pointed out on page 6 of the minutes, "Mr. Schiff's" should be "Mr. Schifsky." RECEIVED AS CORRECTED. 2. Resolution Authorizing the Changes in Appropriations for the 2010 Budget for January through October, 2010. William Burns, City Manager, stated these changes come about as a result of unexpected revenues and expenditures. General Fund expenditures and offsetting revenues amount to $56,115. The revenues include state and federal grants, donations, and revenues from the sale of property. The largest of the expenditures is a Police Department expenditure of $14,202 for Operation NightCap (our DWI Saturation Campaigns). The next largest item is $13,623 for POST training (police officer training). Other General Fund revenues and expenditures are listed in the agenda. Dr. Burns stated the Springbrook Nature Center changes amount to $41,725. The largest of the expenditures was $34,840 for the SPRING project study. The study was funded through a donation by the Springbrook Foundation. Dr. Burns stated the Capital Improvements Fund change amounts to $5,909. All of this is for the Innsbruck Trail project which is grant funded. Staff recommends Council's approval of these budgetary changes. ADOPTED RESOLUTION NO. 2010-81. 3. Resolution Approving and Authorizing Signing an Agreement with Police Officers of the City of Fridley Police Department for the Years 2010 and 2011. William Burns, City Manager, stated this agreement was reached after many hours of work by staff and the Union representing the Police Patrol. It applies retroactively to January 1, 2010, and expires December 31, 2011. The agreement provides for a 0 percent wage adjustment for the first ten months of 2010 and a market wage adjustment of $.40 per hour beginning in November of 2010 through 2011. The cost of the adjustment is $5,114 for 2010 and $34,485 for 2011. Dr. Burns stated other terms of the agreement include the following changes: 1. The Union agrees to a two-year suspension of vacation sell-back. 2. The Union agrees to reduce tuition reimbursement by 50 percent through limiting eligibility to those currently enrolled in college courses. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 6 3. The Union agrees with the City's request to limit the choice of remedy for disciplinary actions to a single rather than multiple remedies. 4. The City agrees to provide prorated field training officer compensation for less than a full 12-hour shift assignment (previously established in a 2008 memorandum of understanding). 5. The City agrees to raise the rate we charge private entities for "extra duty" overtime to twice the employees' base rate of pay. 6. The Union agrees to accept the City's non-union contribution to health insurance. Dr. Burns stated staff has agreed to these terms and recommends Council's approval. ADOPTED RESOLUTION NO. 2010-82. 4. Resolution Calling for a Public Hearing on (A) Adoption of Restated Housing Replacement District Plan for Housing Replacement District No. 1 including Phases I-IV and (B) Adoption of Phase V for Housing Replacement District No. 1. William Burns, City Manager, said staff is asking Council to set the public hearing date for a re- stated Housing Replacement Plan. This program enables the HRA to purchase and demolish substandard properties resulting from foreclosures. The vacant parcels are then sold for market rate housing. The TIF collected on the new structure is used to reimburse the HRA for at least a portion of its acquisition and demolition expenses. Staff recommends that Council's approval. ADOPTED RESOLUTION NO. 2010-83. 5. Resolution Authorizing New Grant Fiscal Agent/Administration for Minnesota Department of Public Safety Traffic Enforcement Projects. William Burns, City Manager, said this resolution recognizes the City of Blaine as the new fiscal agent for grant funds used to support the Anoka County DUI Nightcap Grant Program. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2010-84. 6. Claims (148326 — 148487). APPROVED. 7. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Barnette to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. PUBLIC HEARING: 8. Consideration of a Rezoning Request, ZOA #10-02, by Ashland Inc., to Rezone the Properties at 7315 Highway 65, 7299 Highway 65, and the Vacant Lot South of 7299 Highway 65 from M-1, Light Industrial to C-2, General Business (Ward 2). MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:03 P.M. Scott Hickok, Community Development Director, stated the petitioner is Michael Schifsky. He is requesting to rezone the property at 7315 Highway 65 from M-1, Light Industrial, to C-2, General Business, to allow the redevelopment of this site with a retail user. The petitioner is also seeking to vacate a portion of 73'/z Avenue just north of 7315 Highway 65. This would provide additional land for the redevelopment of the subject property and present a nice end cap for the overall area. Mr. Hickok stated staff determined that in order to avoid spot zoning and to create a contiguous commercial zoning district, the properties at 7299 Highway 65 which is currently a SuperAmerica gas station and the vacant parcel just south of SuperAmerica which is addressed as 7201 Highway 65 should also be rezoned from M-1, Light Industrial, to C-2, General Business. This is consistent with our Comprehensive Plan that shows this area as redevelopment. Mr. Hickok stated as a bit of history regarding 7315 Highway 65, in 1987 a special use permit was issued to allow an automobile service station; and the site was developed with the construction of the existing building which at that time was a Rapid Oil Change. In order for the FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 8 building to be constructed, several variances needed to be granted including a lot size and then setback variances to the building and parking areas. They want to make sure that is an important part of the record because the variances carry forward but for the lot size. The lot size variance disappears with this because in the commercial zoning this lot meets the minimum standard. It did not as an industrial site. Mr. Hickok stated when the SuperAmerica station was constructed in 1983, there was a lot split to subdivide one large lot and to create the two small lots which are now 7201 and 7299 Highway 65, which allowed for the construction of the service drive between the two. As they know, pulling the intersection of the Service Drive back from the main intersection of Highway 65 and 73rd Avenue is a critical piece because you do not want the service to be too close to that maj or intersection and that was done at that time. Mr. Hickok stated a special use permit was also approved to allow construction of the motor vehicle fuel service station, and two variances were approved to reduce the lot size requirement and parking lot setback requirements. Again by rezoning this it not only better fits the current use and potential future uses, but it also makes the lot size variance issue go away because these sites will now meet the minimum standard for C-2, Commercial District. Mr. Hickok said since the Valvoline property went on the market in 2007, there has been interest from several types of retailers. Since the current zoning is Industrial, none of those inquiries came to the point of a purchase. Over the years, City staff has had discussions with the property owner about the potential rezoning of the subject property, the SuperAmerica property, and the vacant property to the south. They had even encouraged SuperAmerica to come through as a joint applicant at the time. Although they did not sound strongly opposed to it, it is something that staff initiated because they did not join together in the application. Mr. Hickok stated because of the small lot size, the high visibility, and the ready access to the properties, a commercial zoning is the best fit for the subject properties. A representative of SuperAmerica appeared at the Planning Commission meeting and stated they were okay with the City putting them on for a rezoning. Mr. Hickok stated there are several of these types of "turn-back" parcels within the City. Those are lots that were created by pulling that frontage road back from the main intersection, which creates kind of a teardrop parcel. All the other turn-back parcels within the City are zoned for some type of commercial. Mr. Hickok stated in 2004 the properties at 7101 and 7151 Highway 65 were rezoned from M-1 to C-2. In 1992 the rezoning was approved from Industrial to Commercial for the property at 7091 Highway 65. In 1989 City Council approved the rezoning for 7191 Highway 65 (Chopper City Sports) and that was from M-1 to R-3 and R-3 to C-2, General Business. All these rezonings were approved to better match the uses of retail/office with the zoning. Mr. Hickok stated over the last 21 years the City has seen a progression of rezonings along this corridor from Industrial to Commercial. The proposed rezoning is an extension of that trend. Therefore, the rezoning of these properties would be consistent with the neighboring properties. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 9 Mr. Hickok stated several variances were granted to meet setback requirements when the property at 7315 Highway 65 was developed. It would be beneficial for those variances, with the exception of lot size variances, to be transferred and applied to the new C-2 zoning destinations that would enable folks to move ahead and do what they need to do on the properties without going through the variance again for an existing complex in most cases. Mr. Hickok stated SuperAmerica currently has a special use permit to allow motor vehicle service stations which is required in the M-1 zoning district as well as the C-2 zoning districts. The setback variances also were granted to allow construction of a building. It is beneficial to bring those forward. Mr. Hickok stated regarding the vacation of 73'/z Avenue, north of the Valvoline site, when the site was originally developed in 1987, there were several discussions about vacating 73'/z at that time. It would provide additional land area for the Valvoline site which could be used to rearrange the driveway into the lot and for screening purposes. In 1987, there were also discussions about extending the Service Road north to connect with the portion of the Service Road by Fireside Drive. The vacation of 73'/z Avenue did not occur in 1987 because the extension of the Service Road north would require a roadway easement from the mobile home park on Onondaga Street, and the owners at the time were not willing to grant any such easements. Mr. Hickok stated the potential buyer for the subject property is a specialty clothing supplier, whose focus is primarily in industrial grade work, western, biker, and law enforcement footwear and apparel. As part of their business, they have two trucks that are used as class and product showrooms. The vehicles travel throughout the region to work places to serve as a showroom and a sales floor basically for their potential clients. When they are not on the job sites, the trucks would be parked on the subject property, on the north side of the building. Vacating 73'/z Avenue would provide additional space needed and also provide an opportunity as discussed in 1987 for screening the vehicles at that location. The City's Engineering and Public Works staff have discussed this. Trees for screening over a vacated 73'/z Avenue would not be a good idea. There is just an enormous amount of utilities in that roadway. The City would maintain an easement over that, and there would be a berm and shrubs as screening. Mr. Hickok stated in order to determine if vacating this portion of 73'/z Avenue would be an acceptable solution for the City to consider, staff contacted all the property owners who own land along 73'/z Avenue between Highway 65 and Central Avenue. The City's Engineering Department conducted traffic counts over a period of three days as well. Staff has heard from four of the seven property owners. Three of them stated they did not have a problem with it being vacated and expected that MnDOT would eventually take the access. The opponent to the vacation is a gentleman by the name of Mr. Schrader. He is the owner of the property at 1155 73'/z Avenue which is the Carefree Self Storage. He called to state he would be opposed to the vacation. He stated the main reason is because he feels it limits their access and visibility from Highway 65. He also wanted to make sure that the Service Road from 73 Avenue to 73'/z Avenue was a perpetual easement for right-of-way so it could not be vacated. It is a perpetual easement and it could not be vacated without a public hearing. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 10 Mr. Hickok stated it is very typical that right-of-way counts are done. Roadway counts are done over a three-day period. Staff took the counts for 73'/z Avenue. There were 291 westbound turning right onto Highway 65; 129 eastbound coming in from Highway 65; and there were 214 southbound and 198 northbound on the Service Road. These counts are extremely low as an industrial street. Mr. Hickok stated vacating the street would provide the business at 7315 Highway 65 the additional land area needed for future redevelopment. It will also provide a nice landscape buffer between Highway 65 and the commercial and industrial businesses to the east. It is inevitable that at some point MnDOT will limit this access to Highway 65. The City is trying to be proactive by considering the elimination of this access now when there is an opportunity to redevelop the property at 7315 Highway 65. For example, in this vacation, as one of the stipulations, they will be asked to take out the asphalt and replace with curbing approved by Engineering. They would have topsoil, irrigation, and turf put in. It would be a nice finish to a vacated roadway. It would not just simply have the barricade saying the road is closed Mr. Hickok stated during the Planning Commission meeting, they heard a comment from Chris Clos of A-Aabco who inquired about the possibility of vacating all of 73'/z Avenue and constructing a cul-de-sac to allow those businesses that only have access to 73'/z Avenue to retain that access. Staff analysis concluded that while his suggestion is possible, a formal application and analysis would be required, and at this time, it is not being considered. Mr. Hickok stated on October 20, 2010, the Planning Commission held its public hearing and, after some discussion, recommended approval of both items with no stipulations on the zoning; and four stipulations for the vacation. Again, making those variances carry forward is an important part of what is being requested at this time; and they want to make sure that record remains and that those carry through. Staff recommends concurrence with the Planning Commission. Councilmember Varichak asked whether the retailer would stay in the same facility. Mr. Hickok replied they would stay in the same facility. There is an 800-square foot addition being proposed on the south side of the building to give them more of a storefront entrance. Other than that, the principal building would remain there. Councilmember Varichak asked if there was any soil damage or hazardous waste at that facility that needed to be corrected. Mr. Hickok replied, from what he understands in talking with them, even though this is a bit different than a motor fuel operation where they had underground tanks, any time there is a petroleum product that is being dispensed on-site, there is at least cause for a Phase I in the sale of the property and, if anything showed up there, then additional examinations or a Phase II would likely be required. There is no known contamination at this time. However, in order for banks to be comfortable, they go through a process. Councilmember Varichak asked if the trucks parked at that facility would be on pavement. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 11 Mr. Hickok replied yes. While they are on-site, they are going to modify the building so there will be an opening on the north side of the building where there are doors right now. They will basically frame it in, probably brick it in to match the building, and then have a sleeve that is tight around the truck when it backs in; and they will have an opportunity for that to be a showroom for the store. While the trucks are there on site, they will basically be backed in and plugged into the building; and there will be steps on the inside where people can go in and shop for their shoes. Basically that becomes the shoe department when the trucks are there. Councilmember Varichak asked whether there is any cost to rezone the property. Mr. Hickok said Mr. Schifsky and his company have taken on the cost of the rezoning and the vacation application. Those items have a fee of $1,500. Councilmember Varichak asked why this had not been done a while back. Mr. Hickok stated back in 1987 not only did they talk about vacating the street, they actually had a proposed landscape plan. There was also a belief at that time the frontage road should continue all the way up to Fireside. This does not preclude that; it does not say that it cannot happen. It is just not insisting that it does happen. He thinks it will become critical if at some point Fireside only becomes a right-in/right-out and the median is closed, and MnDOT could do that in the future. If that happens, staff would revisit this again. Councilmember Varichak asked if Mr. Hickok had spoken with the property owner who did not want to have this done and explained the situation. Mr. Hickok replied staff received correspondence from them and also had discussions with them. They were concerned about visibility. He thinks in part they probably remembered the landscape plan from years ago and that there were going to be trees there. They were concerned about access in. They quite frankly liked the right-in opportunity that people would have if they were heading north, bringing their truck with their stuff to go to storage, and having that ease of access, in and out. It is not to say they still cannot go up the service drive, but they like it. If they were given the choice, they would say keep it open and let us do that. Staff respects that and hears that, but they also understand that it is a matter of time until that access is going to be closed. At that time, the City will not have a petitioner and an interested party who are going develop this site. Staff thinks it is important to this project to look good and actually to finish up something that was thought to be important in 1987. Councilmember Varichak asked if the petitioner is okay with the stipulations and if staff had spoken with the people opposing this request. Mr. Hickok replied, one of the concerns about the service drive along the east side of the Valvoline building is an easement rather than a dedicated right-of-way. They thought this had the potential of going away at some time in the future. It is a perpetual easement, and it is meant to be dedicated as a roadway. Until both parties would agree that it goes away and there would be public hearings, this would not change. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 12 Michael Schifsky, Ashland Chemical, stated he is in general agreement overall with what has been presented this evening by Mr. Hickok. Mayor Lund asked Mr. Schifsky if he was aware of the stipulations that were recommended. Mr. Schifsky replied he was. Mayor Lund asked if he was okay with them. Mr. Schifsky replied he is overall in general agreement with what has been presented this evening by Mr. Hickok. Mayor Lund stated he is one of the interested property owners in that area. He said he did not have any problems with this project. He asked if they vacate the property and put in curb, landscaping and irrigation, how would trucks get from the driveway when the road is vacated and no longer exists. Mr. Hickok replied they would have a private driveway for them from the new curb that is created. Mayor Lund said the driveway will be put in the vacated portion. Mr. Hickok stated, staff inet with the architects for this project today, and they like the idea of the berms and the shrubs around the new driveway. They think that can be done very well. Mayor Lund said if the zoning changes to commercial is there adequate parking that e�sts on the south side of the building for the employees and customers. Does that meet the City's requirements for the size of the building and the limited parking that is there? Mr. Hickok said it does. It requires nine parking spaces, even with the 800-square foot addition. Right now they have eight parking spaces and there are plans for the ninth stall in the new parking area that will be south of the 800-square foot addition entrance. Mayor Lund stated to Mr. Schifsky it sounds like a lot of their business is out of the show truck. Is there an expectation that since this is a retail operation, people will come in daily to purchase as well? Mr. Schifsky replied he is the seller, not the user. He can only tell him what he knows they are planning on doing. Mr. Hickok replied a big part of their business is industry to industry. Staff learned today that likely during the week the trucks will be gone. On weekends the trucks will be back The store will have weekend hours, and that is when they will be backed in and serve the shoe showroom on site on the weekends. On evenings you may likely see the trucks back there. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 13 Mayor Lund stated at some point is it feasible then with the vacation and adding this extra land here, half of it goes back to the City because they are the adjacent property owner to the north and half of it goes to this property we are speaking about. What is the maximum size of the building to be added onto, the e�sting building plus the 800-square foot extension? How much less visibility would there be? How much can they add on before they get to the maximum footprint of the land? Mr. Hickok replied they can do 40 percent lot coverage in the C-2 District and they will verify that. The building on this lot is relatively small. What is peculiar about this site is a portion of 73rd Avenue is on the property that is owned by Mr. Schifsky's company. Although it looks like such a tiny little postage stamp of a site, it is partly because the lot line goes out into 73rd Avenue and the lot line is on the east side of the Service Road that goes up to serve 73 '/z Avenue. They could still get more building on the site even though it looks like the site is so tiny. The setbacks are from the property line, and there were some variances granted before to allow them to be where they are at. However, it is not impossible to think that there could be some building addition. He is not hearing at least in the near term that is the plan. Frankly, it is a site that seems to neatly house the building that is there but for 800-square feet; they feel that is about as much as they would want to comfortably go on this site. It is going to be to the south, not the north. Also, staff does not think the shrubs will block the view of the Schrader's property. Mayor Lund stated he is mainly concerned how far they could extend any expansion to the north. Mr. Hickok replied, the rear lot dimension as he recalls is 25 feet. They have a little bit of room but not a lot of room. He anticipates there will be an open vista into that lot. Even if they were to expand the little bit they could to the north on this building, it does leave a vista into that Schrader property that he thinks still is very nice for getting a glance of their business and seeing the identifying features of the business before you get past it. Mayor Lund said he thinks Mr. Hickok fairly summarized Mr. Schrader's concerns. Mr. Hickok stated the people at A-Aabco have instructed their drivers always to use 73ra Avenue to get to Old Central. Just as another example and kind of a counter-view for the Schraders' view on this. Mayor Lund stated it certainly makes sense to him to vacate that with knowledge there is still accessibility on basically both ends of 73 '/z Avenue. It would be a lot different scenario if we brought forward in the future the idea of closing off 73 '/z Avenue at the eastern end of it at Old Central Avenue. He knows that was talked about some years back with the HRA with the potential of developing the salvage yards site or combining now. It was an interesting idea Mr. Clos brought up about the cul-de-sac. Mayor Lund stated regarding the Schraders, he has had some discussions with them; and he thinks their concerns ultimately have been fairly addressed although they prefer not to vacate it. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 14 Councilmember Varichak asked if there was any lighting or signage that will be added to the site because it was not in the stipulations. Mr. Hickok replied, it is interesting because meeting with the architects today, they were very careful to understand about what the lighting requirements would be here and also the sign requirements. It needs to be downcast, shielded lighting, with no more than three-foot candles at the property line in terms of light intensity. Councilmember Varichak asked, if this needed to be a stipulation. Mr. Hickok replied, as long as the Code protects us, he thinks they are fine. Councilmember Varichak asked what the size of the parking spaces would be. Mr. Hickok replied they need to meet the commercial standard of 10 x 20 feet. Councilmember Varichak asked for the people who shop in the store, how many are needed. Mr. Hickok replied, based on the footprint of the building, they are required to have nine. They have one other location in South Dakota and believe nine will meet their demands. A couple of customers is very typical for their industry. They matched their experience in South Dakota and felt comfortable that this is a similar market. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:47 P.M. 9. Resolution to Vacate a Portion of 73 1/2 Avenue Right-of-Way North of 7315 Highway 65 N.E. with Applicable Stipulations and Dedicate Utility Easements to Allow for the Redevelopment of the Parcel at 7315 Highway 65 N.E. (Vacation Request, SAV #10-03, by Ashland Inc.) (Ward 2). MOTION by Councilmember Varichak to adopt Resolution no. 2010-85. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Approve Revised Development Agreement between the City of Fridley and James Faulkner (Master Plan Request, MP #10-01, 6352 Central Avenue and 1271 East Moore Lake Drive) (Ward 2). FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 15 Mr. Hickok stated since we last discussed this project, much work has been done to protect an existing sewer line on the site while allowing the two buildings to be constructed on the two lots. As work commenced it was clear that further protection would be necessary, and we would need to identify who is responsible for any future damage to the building if the sewer work had to commence. The line is buried deep, approximately 20 feet in the site. The proximity of the pipe ranges from 8 feet from the building to 15 feet from the building. A revised statement in the development agreement has been agreed upon to provide the protection we would need. The concrete around the casting to the manhole is just over 8 feet from the corner of the building in one case. Mr. Hickok stated what the agreement states is that a permanent easement for existing sanitary sewer to be granted to the City shall provide that should the City require access to relocated Manhole No. 1 as shown on the revised Civil Engineering Sheet the developer or its successors or assigns shall be responsible for any damage to structures located on the property resulting from work performed by the City, provided the City performs the work in a manner consistent with standard construction industry practices. Basically what they are saying is they understand they needed to build the building where they built it, but now it is there and if the City needs to get into a pipe that is 20 feet down, there is going to be some added protection that is necessary. However, in the event that cracking happens in the plaster inside the building or something like that as a result of it, they know that is their issue. In this development agreement the way it is worded, it not only says the current developer but its successors or assigns. This has been reviewed by the City Engineer and City Attorney. The language provides the protection that the City sought. Staff recommends Council approve the revised development agreement. Mayor Lund asked if that was the only change. Mr. Hickok replied yes. Mayor Lund asked what is typical for the distance of a utility such as this from a building. James Kosluchar, Public Works Director, stated they actually worked with the developer when they were developing their site plan to provide a 20-foot separation. That is what the City wanted. Unfortunately, because of the constraints of this site, including the improvements on the site to the north that were being adversely affected by their construction because it was so deep, the developer did not want to take on additional risk by constructing too far to the north. Therefore, staff discussed it with them and talked about options for provisions to allow them to move that manhole closer. Typically staff would want a one-to-one. Usually they have shoring in there but, depending on soils because the soils can settle flatter than a one-to-one in a sandy situation. There are lines in closer proximity to buildings that exist in Fridley today. Mayor Lund asked when he talks about 20-feet separation, is he talking about 10 feet either side of the pipe? Mr. Kosluchar replied, they ask for 20 feet either side of the pipe. Mayor Lund stated that would be a 40-foot easement then? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 16 Mr. Kosluchar replied right. Mayor Lund asked if the City knew where the pipes were buried. Mr. Kosluchar replied, absolutely they do. When the contractor arrived and was working the site, the property to the north was being adversely impacted by their excavation and dewatering because there was so much water on the site. This line is well below the water table. Mayor Lund asked with that problem occurring when they were going to start developing the site, did they shift the building. Mr. Kosluchar replied they did a combination of shifting the main line and shifting the building. They accommodated the City where they could to allow another 8-foot shift to the building. The close proximity is just at a point. Basically it is where the manhole lies and a few feet to the north; however, the majority of this line clears that building by 20 feet plus. If the City really had to get in and replace that line, he doubts that he would excavate a hole right next to the building at that point. They would probably do some sleeving or slip lining the pipe if there was an emergency repair required. Mayor Lund asked is there room to move the pipe at some future date if a worst-case scenario happened. Mr. Kosluchar replied in the long term, having that line at that depth in that kind of soils is certainly a liability for the City. The segments that are within the developer's area are generally reconstructed now and should last long into the future, but we do have an additional main to the north that is old. He thinks that it might be prudent for the City to start planning for an alternative route for the sanitary, whether it is relocation of the Rice Creek lift station that is actually on Old Central near Rice Creek and relocation back towards West Moore Lake Drive somewhere or towards Lake Plaza. That is something staff has actually has discussed, and they think it is worthwhile to plan for. Mayor Lund asked Councilmember Saefke if he had any issues or concerns. Councilmember Saefke replied, no, but even though the City does know where the water and sewer mains are, sometimes they wind up in places where you really do not want them to be. Oftentimes especially with the older pipes, they were put in with a certain design on streets and depths, etc. Then when a developer comes in, he may change elevations, and forgets to tell the City or tell his engineers to change the as-builts. Technology has caught up and made life a lot easier because staff can actually locate things a lot better than they could before. He is glad in the previous discussion that there is going to be some forethought for future utility maintenance because so often people forget about the maintenance aspect of things. He is glad to see the developer knows where the sewer main is and is willing to accept and indemnify the City against future damage to their building if and when it would ever have to be dug up. He thinks that technology is also catching up with some of the maintenance problems because now you can line things where before you had to dig them up. He said he does not have a problem with this. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 17 Councilmember Varichak said May 1, 2011, is listed on Exhibit B. She asked if that was for all the items. Mr. Hickok replied yes it was. MOTION by Councilmember Varichak to approve the Development Agreement between the City of Fridley and James Faulkner (Master Plan Request, MP #10-01, 6352 Central Avenue and 1271 East Moore Lake Drive). Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Approve 2011— 2020 Housing Action Plan for the City of Fridley. Julie Jones, Planning Manager, stated the Livable Communities Act fund was established by the State Legislature in 1995; and Fridley opted to participate in that program in 1995 and adopted affordable life cycle and housing goals for the period 1996-2010. The City at that time hired SEH, a consultant, to prepare the housing action plan because much had changed since the 1979 Comprehensive Plan the City had. They had not begun their work at that point of their 1998 Comprehensive Plan. If it further wants to continue to participate in a Livable Communities Act Local Housing Initiative Accounts Grant Program, the City must develop a new Housing Action Plan at this point. Since the City recently updated its Comprehensive Plan which includes a housing chapter, the Metropolitan Council is permitting the City to take that chapter and create it as a stand-alone document as our new Housing Action Plan. Ms. Jones stated the first step in this process is approval of a resolution which the City Council did in August. The next step is to approve and submit a Housing Action Plan for 2011-2020. Staff looked at the Housing chapter of the Comprehensive Plan, and most of that was written and prepared in 2006 and 2007 even though it was just adopted and completed a little over a year ago. Staff looked at it to see if there is there was anything they really needed to change. There were a few things that were outdated references they felt they should modify but in essence wanted to keep the Housing chapter unchanged as much as possible. Ms. Jones stated one of those on the first page references needing to adopt stricter housing maintenance code requirements in the City. The City completed that in 2008. Rather than referring to that as something the City needs to do, they wanted to acknowledge that was something already completed. Also, on page 7 of the proposed Plan, they felt they should modify references to housing values even though they are not proposing to change any of the data in the document, most of that was referenced to 2006 data. Met Council told them that they needed to do this only this past June. Staff changed the reference a little bit there to the housing values to modify current language and keep all the tables and the other data unchanged. Ms. Jones stated staff updated the affordable housing numbers on page 15 of the chapter, however, to adjust for changes that the Metropolitan Council made in the resolution that was approved in August. They had adjusted our affordable housing target goals. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 18 Ms. Jones stated staff updated the HRA program information on pages 18-19 of the Plan to match their current program and how they are currently operating. There is one new program that they have now called the Fridley Foundations Program they wanted reference because that is an important life cycle housing program the HRA has. Ms. Jones stated they also changed the reference to the rental inspection fee amount on page 20 of the Plan because those rates have been changed since that chapter was created. They also refer to the Northstar Station in the present tense. Ms. Jones stated the only action step that was changed was reference to the very successful Fridley Foundations Program the HRA had. That is mentioned in the second action step that includes the various housing programs the HRA has in place. Ms. Jones stated the Metropolitan Council has asked cities to submit their housing action plans by December 1, 2010. Staff recommends Council consider approval of using the City's housing chapter of the 2030 Comprehensive Plan as modified and submit that to the Metropolitan Council as the City's 2011-2020 Housing Action Plan. Councilmember Barnette asked how much it costs for the City to stay in this organization. Ms. Jones replied it is her understanding there really is no cost to the City. There is a targeted amount the City needs to document each year where the City is spending that amount of money towards affordable and life cycle housing goals. With the existing programs the HRA has in place, the City has not had any problems meeting that targeted amount in the past two years. Mayor Lund stated he sees this as a continuation of what Council agreed to do in August. Ms. Jones replied, correct. MOTION by Councilmember Barnette to approve the 2011 — 2020 Housing Action Plan for the City of Fridley. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports None. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 19 ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:12 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor