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CCM 04/13/2015 CITY COUNCIL MEETING CITY OF FRIDLEY APRIL 13, 2015 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:02 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Debra A. Skogen, City Clerk James Kosluchar, Public Works Director Darin Nelson, Finance Director/Treasurer Alicia Uzarek, Friends of the Mississippi River Jack Kirk, Director of Parks and Recreation Donna Bahls, Springbrook Nature Center Foundation Earl Doc Smith, EDS Builders Axin Ali Hussain, Totem Foods, Inc. PRESENTATION: Minnesota Blue Star Award presented by Friends of the Mississippi River Alicia Uzarek, Friends of the Mississippi River, stated she is here tonight representing the Blue Star Award for excellence in community storm water management. The Blue Star Award is a unique joint venture which began in 2010. It was created in partnership with Friends of the Mississippi River, Minnesota GreenStep Cities, Minnesota Pollution Control Agency, Emmons & Olivier Resources, and several watershed districts and private foundations. All of these partners recognize two things. First, clean, safe and healthy water resources are a fundamental part of our Minnesota way of life. We all love our great drinking water in Minnesota, and we all love our water recreation. The second thing they realized was that, while many communities work hard to protect and preserve our water, federal and state regulations and city storm water permits are really designed to establish minimums. Of course this is effective at encouraging communities to implement the most basic water protection, but there is no real tangible incentive for communities to go above and beyond to help us pass cleaner and healthier water onto the next generation. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 2 Ms. Uzarek stated the partners worked together to create the Blue Star Award, a one-of-a-kind award program that offers communities that excel in stormwater management, the positive public recognition they deserve. There are three goals to this program, First, is to honor cities for their great work, which they are here to do today. Second, to spotlight excellence for communities that may wish to emulate successful efforts of their peers. Third, to let citizens understand where their community stands. Storm water so often is something that is both figuratively and literally underground. It is something that citizens deal with on a day-to-day basis and it is not always visible. This really helps the community know the good the City is doing. Ms. Uzarek stated through this program, Fridley staff conducted a rigorous online self- assessment on a wide range of policies and practices with questions grouped into three core areas. First, what is water-friendly planning and preservation; second, what are storm water management standards and practices; and, third, what is storm water pollution prevention. She is happy to say Fridley scored high enough on its assessment to earn the Blue Star Award. It is one of 20 cities in Minnesota to earn the award. Fridley is the 8th highest scoring city in Minnesota, which means it is in the top 10 and is on their website on the leaderboard page. Also, in the storm water pollution prevention category, Fridley scored first. This award is a reflection of the work done throughout the community. She thanked the elective leadership and Fridley's watershed partners for establishing community priorities to stop runoff before it starts, protect actual resources with smart planning, and reach out to the community and share responsibility for clean water. She also recognized Kay Qualley, Environmental Planner, who did a lot of great work pulling this assessment together. She worked very closely with Julie Jones, Planning Manager, and Jim Kosluchar, Director of Public Works. Ms. Uzarek stated with this award comes a few things. First, they have the actual award. There are signs they can post throughout the community and buttons they are encouraged to wear at all of the City's Earth Day celebrations so they can start the conversation about the City's great storm water practices. They are also sending a notice to all of members of the Friends of the Mississippi River (12,000 people throughout the State) as well as a separate e-mail to all their members in Fridley letting them know about Fridley's great work. Also, she has been told Fridley is not a city that works on its laurels so the award comes with an evaluation of the City's assessment explaining areas for improvement and providing information about similar communities who have already made those improvements. Ms. Uzarek stated it is one of the components of the GreenStep Cities Program so it will add to Fridley's next step in that program. On behalf of their program partners and the people in Minnesota who value clean water, she is pleased to present the City of Fridley with the Blue Star Award for excellence in community storm water management. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Approve the Minutes of the City Council Meeting of March 23, 2015. APPROVED. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 3 OLD BUSINESS: 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #15- 10, by Alliant Engineering, Inc., on Behalf of the Property Owners of 5300 and 5400 Central Avenue N.E., to Rezone the Properties from C-3, General Shopping, to C-2, General Business, Generally Located at 5300 and 5400 Central Avenue N.E. (Ward 1). WAIVE THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1319 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of March 18, 2013. RECEIVED. 3. Resolution Approving Final Plat, P.S. #14-04, by Fridley Land, LLC, the Property Owner of 4800 East River Road N.E., to Allow the Redevelopment of the Property (Ward 3). ADOPTED RESOLUTION NO. 2015-20. 4. Special Use Permit Request, SP #15-03, by Martin Consulting (on Behalf of Verizon Wireless), to Allow the Construction of an 89-Foot Telecommunications Tower in the Rear Yard of the Property, Generally Located at 960 Osborne Road N.E.; and Resolution Approving Special Use Permit, SP #15-03, for Martin Consulting on Behalf of Verizon Wireless, to Allow the Construction of a Telecommunication Tower and Accompanying Ground Equipment on an Industrial Property Located at 960 Osborne Road N.E., Owned by 960 Osborne Road WFW, LLC (Ward 2). APPROVED SPECIAL USE PERMIT, SP #15-03, AND ADOPTED RESOLUTION NO. 2015-21. 5. Resolution Authorizing Both Final Changes in Appropriations for the General Fund and Various Special Revenue Funds for the Year Ended 2014; and Approving a Transfer From the Park Capital Improvements Fund to the 2013 Street Improvements Project Fund. Councilmember Bolkcom asked what “Police, Insurance-Non-personnel” was. Why does the City pay insurance for that? FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 4 Darin Nelson , Finance Director/Treasurer, replied that is for property casualty type of insurance for police-related items. It is non-personnel. ADOPTED RESOLUTION NO. 2015-22. 6. Resolution Authorizing Adoption and Execution of a Mutual Agreement Between the Minnesota Department of Natural Resources and the City of Fridley Fire Department. Councilmember Bolkcom asked is Anoka County unusual in saying that for fires lasting over two hours, the County needs to pay the fire departments. How often does it happen where there City spends less than two hours on a fire and gets paid nothing? Wally Wysopal , City Manager, stated he would be happy to find out the answers to those questions. ADOPTED RESOLUTION NO. 2015-23. 7. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Fridley Lions at Banquets of Minnesota, Located at 6310 Highway 65 N.E. (Ward 2). Councilmember Varichak asked in regards to the Banquets of Minnesota, does that mean they are only going to be open on Sundays and Wednesdays, otherwise they are only open for events? Debra A. Skogen , City Clerk, replied when the City approved their liquor license last September, they were given about six months to get their restaurant open to the public. At that time, they talked about one night and Sunday mornings. In order to get the ball rolling, they have agreed to have an activity night which would include a buffet with different meals. Each week would be different. There was a good article written up in the Focus. The rest of the time would be just for private party events. Councilmember Bolkcom asked where there were at with the kitchen and liquor license. Ms. Skogen replied, the kitchen has been approved by Anoka County. They are planning on opening the May 1. They would offer a buffet dinner first and then bingo after that. ADOPTED RESOLUTION NO. 2015-24. 8. Approve Stewardship Fund Planning Grant Agreement between the City of Fridley and the Mississippi Watershed Management organization for Village Green Stormwater Detention Expansion (Ward 1). THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 5 9. Appointment Mr. Wysopal stated this is for the appointment of a new employee, John Lennander, as the Assistant City Engineer. His effective appointment date is April 14. APPROVED. 10. Claims (167735 - 167991) APPROVED. 11. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 12. Estimates Municipal Builders, Inc. 17125 Roanoke Street N.W. Andover, MN 55304 WTP #3 Filter Drain Pump Project No. 459 Estimate No. 2...............................................................................$31,063.48 Keys Well Drilling Company 1156 Homer Street St. Paul, MN 55116-3232 2015 Well Rehabilitation Project No. 448 Estimate No. 1….……….............................................................$16,670.00 APPROVED. OPEN FORM, VISITORS: No one from the audience spoke. APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked that Item No. 8 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the proposed consent agenda with the removal of Item No. 8. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 8. 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: 13. Consideration of Text Amendment, TA #15-01, by the City of Fridley, Amending the City Code by Repealing Chapter 213, entitled "Fences" in its Entirety and Adopting a New Chapter 213 Entitled "Fences". MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:18. Scott Hickok, Community Development Director, stated this is an item for the benefit of the City's customers to make it much easier to install fences on a residential property. The City currently has the language they see before them, but it is found in two different places in the Code--Chapter 213 and Chapter 205. Staff has prepared a text amendment for Council's consideration that would put the language all in one place. Not only that, but it would provide some graphics so that somebody who is looking at installing a fence better understands, for example, what a vision safety corner is and what to do to their driveway so they are not blocking their own visibility with a fence. It has more to do with housekeeping than regulation. Councilmember Bolkcom said in Chapter 213.02, it states shall not impede, etc., then under 213.06, it states shall not be within, upon, or through drainage areas, ponds, or wetlands. Mr. Hickok replied what staff encourages people to understand is when you are putting in, for example, steel fence posts with concrete foundation, you are not to build up around that foundation so that it pushes water out onto the neighbor's property or redirects flow that might have otherwise just gone naturally to a different area. Section 213.02 just talks about the location and says, for sure you can do it, be careful not to affect the flow of water on adjacent properties. It is a cautionary note. "Prohibition" then, the 213.06 language, is talking about specifically not putting it in drainage areas, ponds, etc. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 7 Councilmember Bolkcom said in the section of the ordinance related to residential districts, it says the fence shall not exceed a height of 30 inches within 10 feet of a driveway for distance. Does that also apply to commercial and industrial? She said if she has a commercial property, can the fence go higher than 30 inches if it is close to a driveway? Mr. Hickok replied there is an industrial standard. He is thinking of those properties where they have chain link fence that surrounds their entire property. This specifically is talking about residential districts. In one area, where it talks about in front of the structure, in commercial districts it does talk about fences in the front of the principal structure being no more than 4 feet in height and shall not exceed 8 feet otherwise. They have regulations governing that view triangle so the truckers and workers coming in and out have good visibility entering and exiting their site. Sometimes they will stop their fence back away from their driveway out of that view triangle. He is thinking about a property along Main Street, for example, it has lines on its fence. If you were to take and draw this view triangle area, you would see that the closest fence posts to the driveway are outside of that view triangle area. Other properties have something at an angle that represents something more like they see in the drawing. Provided they keep their fence posts and their fence out of the view triangle, they are able to do that. Councilmember Bolkcom asked why put it in under the residential one then? Every one of them shall not encroach on the vision safety zone. Why does it say “no fence shall exceed the 30 inches within 10 feet of a driveway?” Why is that different in residential? Why is that spelled out there if they all have to have the vision safety zone? Mr. Hickok replied the height of 30 inches is a good safety precaution and allows you to see from a typical passenger vehicle out over the top of it. In a commercial/industrial district, you should really protect your employees in that same standard. However, it is not as explicit in the commercial districts. It is very rare the City finds fences in the front yard. Older, existing industrial properties generally have fences in the front yard. If additional language is needed to make it clear, they can take a look at that. Councilmember Bolkcom stated they do have some industrial sites that have barbed wire at the top of their fence. Mr. Hickok replied there is a provision in the Code that allows that. They need to have approved outdoor storage to have barbed wire. Not razor wire, not concertina wire, not electric fence but three strands of barbed wire. Councilmember Bolkcom asked if someone already has a fence on their property and it does not conform to this, is it grandfathered in. Mr. Hickok replied with the adoption of any ordinance, you have to be careful about applying a new standard and moving forward. Keeping in mind that there are standards that already existed in the Code, there may be situations where they would go back and look. Sometimes it actually takes aerial photographs to determine whether it is an issue. Rarely do they find it to be so objectionable that the City has a big investigation on it. However, if it is an ordinance, it needs to be enforced. The City did, for example, have a property on 61st Avenue with both hedges and FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 8 fences in vision safety zones. The City did have to go back and have people trim those and move st fences in order to really protect themselves when moving out onto 61 Avenue. It is not impossible to think the City would do that. The City is always careful to see whether something predates an ordinance before they enforce it. Councilmember Bolkcom asked is a fence considered a fence whether it is all connected or if there are spaces in between. Mr. Hickok replied yes, it would be. Mayor Lund stated he is left a little unclear based on the discussion about the 30-inch height. How far does the fence have to be away from the street? It has the 10 feet from the driveway, but what about from the curb? Mr. Hickok replied it has to be entirely on the property owner's own property. Oftentimes they have a right-of-way that puts you back 7 1/2, 10, maybe even 15 feet from the road. Most fences are back outside of that to begin with. They have a broader driveway. Mayor Lund stated he understands the easement or right-of-way can vary. Not are all a uniform 10 feet, 15 feet. Is it less than 10 feet from the curb that they have to make sure that there is the 30-inch height maximum and 10 feet to the side of the driveway? Mr. Hickok replied, yes, they would want to be very, very careful. That is why these illustrations are so important because they would want to take a look at knowing where there property line is. Oftentimes people think their property line is the curb. They need to know, one, that where their property line typically sits back, there is public right-of-way or boulevard outside their property line. Then this view triangle goes from their property line back. They want to make certain they are not impeding their own visibility on their property. That is where this view triangle becomes important. Mayor Lund stated he understands the drawings. Is that in every case? It says the dash line shows that is the property line outside of the boulevard or right-of-way. Are there any cases where if that is 25 feet away from the curb, well within a property line, and they put up a 4-foot fence, do they still have to be 30-inch maximum height for the view? He is thinking if the fence is back far enough, do they still need that 30-inch restriction within either side of 10 feet of their driveway. Mr. Hickok replied, yes, they do. Mayor Lund asked, it does not matter how far back the fence is because they could be outside the fence and still not be to the curb, to the street, for the visual. Mr. Hickok stated it is most enforceable to create a standard. Some of the property lines are back 15, 20 feet; but it is really important that they have a standard that is consistent throughout that is based on where the property line is, and not where the curb is or the width of the right-of- way and so forth. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 9 Mayor Lund stated this is really the same thing the City has now. Mr. Hickok replied yes, it is it is just putting it all in one place. Councilmember Bolkcom stated she wanted to go back to her point about what if the fence was already there and not legal? She sees them right on the curb. They want to take the most opportunity for a backyard for the kids to play. It is basically their side yard but it is also on the street side. Mr. Hickok stated when raise a question, they will do that investigation he talked about. They will go back, define where their property line is based on some pretty good standards they have. They have some manuals to tell staff how wide the right-of-way is in that segment of the roadway so they know where their private property begins. If it looks like it is right at the curb, it is going to be rare the fence is ever right at the curb. If it is, then that is a problem. They will take a look at it. They might find it is an old plat that has the right-of-way or the property line right out into the road. In that situation, they need to keep vision safety in mind. There are some situations where those old plats have a property line that is even out beyond the curb. Councilmember Bolkcom stated but the problem exists again because you do not need a permit to do it. A lot of people can put up their own fences. Mayor Lund stated they had a case a few years back where they had to have the fence moved. Mr. Hickok stated they would be amazed at how many calls the City gets from owners who are putting them up. They are very diligent about it. They do not want to put it up a second time. If they have not called, a neighbor has called and asked them to take a look at it. James Kosluchar , Public Works Director, stated the right-of-way ordinance currently precludes any obstructions in the right-of-way without a permit. Extending behind that right-of-way or property line is not allowed under the current ordinance. MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 7:33. NEW BUSINESS: 14. Resolution Approving Plans and Ordering Advertisement for Bids: Springbrook Nature Center Improvement Project (Ward 3). Jack Kirk , Director of Parks and Recreation, stated last Monday they had an opportunity to have the architect for the Springbrook Nature Center Improvement Project attend the City Council Workshop and give an overview of the plans for the Springbrook Nature Center building. Paul Anderson is with Partners & Sirny Architects. They have worked very closely with them over a FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 10 number of months, and with their local design committee to put together a project they know is going to meet the needs of the Nature Center operation for years to come. Mr. Kirk stated the project is going to include a remodeling of the existing approximately 5,000 square foot interpretive center facility, and it is going to include a new addition of just over 10,000 square feet. They are going to have a facility that ultimately will be three times the size of the current Springbrook Nature Center interpretive building. Mr. Kirk stated the first item is a site plan. The new addition is going to really bring the building much, much closer to the parking lot. In the early 1980s, the building was designed back so it blended into the Nature Center. When you drove into the parking lot, you really did not see the Nature Center building. It has an earth sheltered side. The entrance is tucked around the corner. The downside is from a standpoint of having someone leave that facility, locking up at night, nobody in the parking lot could see them. This will be a much safer entrance which is much closer to the parking lot. Mr. Kirk stated this new addition and remodeling will have them changing the trail alignment. Right now as you come out of the Nature Center parking lot, the trail goes right through where the new addition is going to be. It will be rerouted around the north and east side of the building so when people are inside the classrooms or the gathering space, their views are going to be out to nature, not people walking by the front on foot. Mr. Kirk stated on Page 122 of Council’s agenda is a sketch from the architects of what the entrance to the building will look like. Page 123 is the view of the new addition. Page 124 is going to be the look of the existing building. Mr. Kirk stated some of the features of the project they are proposing are as follows. They have a lot of large school groups that come out and, while the facility has been a great one over the years, it really does not have a great entry area. It is very small. The new facility is proposed to have a very good sized vestibule area as there could be school groups coming in at the same time as the general public. Mr. Kirk stated they also have a plan for larger and more accessible restrooms. They really are short on restroom space at the current facility. Included will be a family restroom. All will be accessible right off the vestibule. Mr. Kirk stated there are two nice-sized classrooms. They deal with a lot of school groups. They think it will be really an advantage to have these classrooms right on the end of the building and also accessible to the trail system. Mr. Kirk stated when you enter from the vestibule into the main part of the Nature Center, you will come to another double set of doors. You will come into what is going to be an expanded exhibit area. The proposed exhibit area will be about three times larger. Mr. Kirk stated that a real focal point for this facility is the gathering space. They spent a lot time working on it and feel it is going to be a great asset to the facility. It will be a large facility FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 11 that is going to be able to accommodate about 250 people for a sit-down meal function. If it were educational, such as a lecture, it could accommodate even more than in the gathering space. However, it is a multi-use room. It will have two operational partitions that can divide that space into three. They can certainly accommodate more meetings.. Just to the outside of the gathering space there will be a patio area. Mr. Kirk stated just to the left of the gathering space and between the classrooms will be a catering kitchen. There may be events that call for food to be brought in for a meal function. It could be a reunion, a business retreat function, or a reception. Mr. Kirk stated once you come in the doors, you can look ahead to the reception desk. People can get help there signing up for programs, get information about the park, etc. They have a very active volunteer force at the Nature Center who will be helping on a regular basis besides a staff person at the reception desk. Right behind the reception area is an open office area to accommodate the seasonal staff and the many volunteers. Mr. Kirk stated there will be a small reflection area as part of what is in the existing building. There will be a seating area with some easy chairs, a fireplace, and some new windows put into the wall for people to sit and enjoy the view. Mr. Kirk stated people love seeing the animals. Because the existing animal care room and exhibit area is a little bit small, the plan calls for an enlarged animal care facility. In the future, with additional funding, they could actually add a little bit more to the animal displays. Mr. Kirk stated the facility also calls for a pretty good sized storage area. They have a lot of programs that are seasonal in nature. For example, snowshoes are rented out to people; they have a big Halloween event with a lot of props; and very active educational curriculum with the schools with different units they go through such as solar energy, etc. It will be a big plus to keep their equipment close by and readily available for the programs they run. Mr. Kirk stated because this project is being funded in great part by the State bonding money, they are required to meet what is called Minnesota B3 which stands for Buildings, Benchmarks, and Beyond. It was formerly called the Minnesota Sustainable Building Guidelines. Things they are doing with the design and construction of this building need to meet these very strict Minnesota sustainable building guidelines. They are very happy they are able to do that. It has always been part of their mission and message to make sure what they are doing is something pointing to being environmentally responsible. Along those lines, the plans call for a geothermal heating and cooling system. Taking the water from the earth to help heat the building in the winter months and help cool the building in the summer. Mr. Kirk stated the building will have an energy efficient envelope. That is something the architect has worked hard on and has promised it will be energy efficient. The building in part is going to have a green roof which will be plant material on the roof. It can be a very attractive and interesting look. It also helps with the rainwater which does not just run off, it percolates into the plant materials and drains off very slowly. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 12 Mr. Kirk stated they have applied for a grant for solar energy and, if they receive that grant, they would like to do independent solar panels right off of the parking lot. Mr. Kirk stated when he presented the project to them last August, he stated they were working on a budget for this part of the project of $5.4 million. They got $5 million from the State of Minnesota. There would be another $400,000 from the Springbrook Nature Center Foundation. They are interested in meeting that through community contributions which they have been doing very, very well at; and there are even some in-kind contributions that are forthcoming. Mr. Kirk stated there are two additional planning initiatives that are going on. One of them is for exhibits going into this building. They do have money in the budget earmarked for exhibits. They had a great meeting just this afternoon with Split Rock Studios. They had a planning session a couple months ago, and went through the ideas for exhibits; and they brought back a lot of their design development plans today which look very good. That is something to be incorporated into the building, and they also are working on what they are calling Phase II. That is the outdoor picnic pavilion, the outdoor amphitheater, the outdoor nature-based play area, the outdoor classrooms, the trail system, and the balance of the 7-acre entrance area which the Foundation is currently raising funds to accomplish. That is going on at the same time because they want to make sure everything is viewed as one unit, one project, and want to make sure that everything fits together nicely. Mr. Kirk stated he recommends the City Council adopt the resolution and approve the plans and authorize staff to proceed with going out for bids on this project. Councilmember Bolkcom stated there should be a way to donate through the website. Donna Bahls , Springbrook Nature Center Foundation, stated she is vice-chair of the Springbrook Nature Center Foundation. If you go to www.springbrooknaturecenter.org, under "Foundation," you will find an opportunity to donate. Councilmember Bolkcom stated there should be a link on the City's website directly there. Mr. Kirk stated he believed that is already linked. Mayor Lund stated they just recently did that. Councilmember Bolkcom asked if they wanted to talk about the groundbreaking. Mayor Lund stated that is going to happen on May 20. He said although he has no problem with approving the plans and specifications and going out for bid, they are working with in-kind contributions. If they approve these plans, the plans will go out for bid, but they do have at least one additional in-kind contribution that is confirmed. Is it appropriate to remove that portion of the bid package now? Mr. Kirk replied, he just told the construction manager the good news. He stated that they are able to pull out the work from the bid. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 13 Earl Doc Smith , EDS Builders, he is the construction manager. He has been involved with them since October; and is very impressed with all those involved from the City. Getting on board and helping each other and getting the company to supply all the wood. It was very timely. As a construction manager you break it into individual packages, i.e., concrete package, rough carpentry, finished carpentry, electrical, and mechanical. They are just finishing that, and it is going over to the architect tomorrow. He is suggesting to pull that out, the finished carpentry, and say this is being installed and supplied by the owner. If that changes they can always bid that later. Mayor Lund stated as of this morning they do have a gentlemen's agreement by the two principal owners; and they would supply, manufacture, and install all of the cabinetry in the building. At the risk of slighting other contributors, however, they are the latest contributors and they are Vision Woodworking. They have a large facility in Fridley and manufacture very high- end commercial cabinetry for a lot of businesses. MOTION by Councilmember Bolkcom to adopt Resolution No. 2015-25. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Approve Encroachment Agreement to Allow Public Improvements on Private Right-of-Way Located at 5300 Central Avenue N.E. (Ward 1). Scott Hickok, Community Development Director,stated this is an agreement, much like one they have seen before. The Cielo Development had an agreement much like this. In that agreement the language talks about things like installing. Who is in charge of installing the improvements in the public right-of-way. Who are the people who will be maintaining it. Not who is the contractor who will be removing the snow, but who is responsible for shoveling the snow and those types of things. All put together in an agreement. Mr. Hickok stated they have a very good working relationship with the property owners here. They have involved the people at Embers at 5400 Central as well because there is a dynamic there that needs to work well together. The people at 5300 and 5400 have reviewed this, and it is ready for Council's signature this evening. Mr. Hickok stated there is also a resolution also. This resolution goes with the waiver of claims and covenant not to sue. These documents are woven together. He wanted to mention what they were so they are not confusing those. Right now the first item is just simply the agreement related to the improvements on that public right-of-way. Mr. Hickok stated Mayor Lund asked about the circulation and what the improvements were. He said he thought it would be a good time to go back and review what they are talking about specifically. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 14 Mr. Hickok stated those improvements they see include traffic diverters, parking stalls, curb and gutter, and landscaped areas. All that is being done on the 8-foot parcel. The Agreement really protects all parties. It lets the people who own the property know they are being allowed to use this property but in exchange for that here are some conditions for being able to use it. It does help them meet their parking requirements. Mr. Hickok stated it is important for the best circulation on this site to have the use of not only this but a new access. That new access really improves not only the in and out movements to the site for their new tenants but also for Embers. Mr. Hickok stated this is a piece that is really important for them because, back when they were talking about the rezoning, they talked about different scenarios that would move circulation on the site in a different way. They may remember discussion about a counterclockwise movement through the site. Staff was interested in talking about having this counterclockwise movement and eliminating the east out at the easternmost access. After a lot of discussion, they are leaving the east out in on the eastern entrance. They are certain that once the western access drive is made available to Embers’ customers and they notice then directly to the north they have a way to come straight out and get a better run at the intersection, they are not going to use the east out. They had talked about things such as pork chops, a traffic diverter that would make this a right- in/right-out intersection. They talked about even a painted pork chop that would allow ease of plowing, etc., but still provide direction for people who were coming so that it was clearly a right-in/right-out and then signage saying, “Do Not Go East.” Mr. Hickok stated the reality of it is that customers are going to want to go east. The best option is to get as far west as they can, go through that west access drive, and then go east or west if they want to do that. They are also uncertain about what is going to happen on 53rd which is probably more important. They did have a traffic study. Mr. Kosluchar engaged the services of a consultant to take a look at what they would do there to make the situation better. They had an "F" performing intersection at Central and 53rd. As it turns out, the activity on these sites, even in its redevelopment state is not significant enough for them simply to say "no" to it. But for an a.m. peak and p.m. peak, the activity that comes off this site is nearly negligible. Even with the design they have suggested here. Mr. Hickok stated this does kind of go along with that agreement not to sue as well. As they know, they move boldly into what is best for the City; however, in this particular case both property owners are agreeing saying, this is the access they had chosen. This was their highest preference. They are going to let them do this. The City is saying, through this agreement, do not come back and say, you let us do that but it has affected us this way or that way. The City is giving them the access they want. At this point the City does not know what is going to happen rd at 53 Avenue. Understand that is the next agreement Council will be talking about. Mayor Lund said so with the new driveways of these two businesses, there really will not be a change from what they see there today. There will be no restriction on ins and outs on either of those driveways, and those driveways will be very close together. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 15 Mr. Hickok replied he has spoken with Mr. Kosluchar about this. Right now there is rd unrestricted access to 53 Avenue. You basically have a surmountable curb that lets you go out anywhere. People do now come out of Embers, come around the pumps, and come out as far away from the intersection as they can and they will then go east. This new design will allow them to do that. Once they get a legitimate access point out onto 53rd that is further away from the intersection, they think very few people will still choose to go out at the easternmost drive in. Mayor Lund replied if they figure it out. When they park in the eastern parking lot, they use the eastern driveway and then just leave by that driveway, not realizing they can loop and go out the western driveway because they are right next to each other. There is a slight improvement. There used to be a wide broad apron on the western driveway with the surmountable curb. Now they have restricted that to an actual driveway width. He could come into the eastern driveway and he could leave and go right or left. What Mr. Hickok is telling him is that a lot of people will figure it out very readily. Use the western driveway to go left because there is a little bit more stacking room although they are talking about the distance of a car width maybe. Either driveway, if they are in the western driveway, they can go left (a little more stacking room); and a person coming out of that eastern driveway could be going right; and they are doing the crossover. He is not saying it is any worse. He did not think it was a real big improvement. Mr. Hickok replied, he would agree with them. They actually had them do further analysis about their circulation on the site. For a.m. and p.m. peaks, a.m. is going to be the most critical. It is fairly negligible in terms of what it is going to do to activity there. It is imperfect now; it will be imperfect then. They tried to make it better, but there is not enough room, and frankly not enough activity even on the busiest day to make it so dramatic that they would have had to say "no" to it. Mayor Lund stated he is not suggesting that he wants to impede the progress of this newer facility on that intersection. He certainly does not want to make it a negative for the Embers owner. He likes what he sees now. It is not much of an improvement, and maybe eventually that whole intersection will have some improvements at some time down the road because it remains as an "F" intersection. They would like to see some improvements on that intersection. Councilmember Bolkcom stated it is just as bad as Target. Mayor Lund stated, yes, it is as bad as Target; but it is further away so you have room for stacking and getting out. It is not such a tight intersection right at Highway 65. rd Mr. Hickok said one of the things that makes what happens on 53 Avenue less predictable is Mr. Kosluchar will need to work the City of Columbia Heights. It is half-owned and it will be a joint decision. They are also going to have to work out those details. Mr. Hickok stated right now they would like to tell them some more about what they predict at rd 53 Avenue. From the analysis, they can see some really good solutions but, exactly what that is going to be, time will tell. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 16 Councilmember Bolkcom asked Mr. Hickok if she is going to Starbucks, show her the best way to drive in and out of there. Mr. Hickok proceeded to show her. Mayor Lund stated the only caveat here is after you get your coffee you cannot get beyond that window to service the next car because there are three cars trying to get out of Embers and this multi-tenant. They cannot get out until traffic moves to clear the way so they can turn the little corner to get into the driveway to get out. Mr. Hickok stated they feared that and asked a lot of questions about it, but no one knows their coffee better and this site plan relative to how their operation operates than Starbucks. Mayor Lund stated and they have the “Don't sue us when this doesn't work out because you guys know best,” right? Mr. Hickok stated they really do know how their operation is going to function and they like the site, and they have approved this site plan. Axin Ali Hussain , stated he is the son of one of the owners. The owners have owned the site for 20 years. They operated the gas station and, as they move towards retirement, obviously gas has become more and more of a less sustainable option. When he moved back to the Twin Cities about two years ago, they started exploring how to improve this site. Both his father and uncle have been on Central from a business standpoint for 35 years. They very much wanted to improve the property on their own. As it has kind of evolved, they have worked with Mr. Hickok and Mr. Kosluchar on something that is the best case scenario from both a circulation and tenant mix standpoint. They were on a nine-month journey to track someone who was not on a fast food place or another place as those attracted to area as you go down to the Columbia Heights section. They have convinced Starbucks which is one of the most exciting organizations to work with because they do pay a lot of money to build a very beautiful building. Starbucks looked at this and they were fine with it. Also there is the fact they are able to fit 13 cars and stack them twice as well as they do at their typical sites, such as places in Edina. His developer, Bruce Carlson, would explain he did something similar in Centennial Lakes and Edina and other sites and it has completely redone and uplifted that corner in many areas. Mr. Carlson has looked at this. Kathy Anderson who worked at the Cub site nearby looked at it. All the experts have looked at this and said, this really is the best case scenario. Mr. Hussain stated Joe has looked at this and said, I am really online with this and this will work well for me. Yes, obviously there are concerns. They are going to sign those waivers, but they think they have put together the best product possible, not only from a circulation standpoint but from a standpoint of uplifting and bringing tenants, because if you look at that quad right now they have a Himalayan restaurant at this point which has been on and off, there has been now another site that has just been demolished, obviously Embers which is very popular, but besides that they are really trying to bring life to a corner by Super Target, by Medtronic and broaden a community that has struggled to attract people like Starbucks and some of the tenants they hope to connect next door. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 17 Mr. Hussain stated it has been a two-year project. The last nine months they have worked on how to figure this out and come to an optimal solution and, as Mr. Hickok and Mr. Kosluchar have explained, they have really gotten there. They have looked at all their concerns. They spent many hours trying to figure out this out. They have gotten the best minds to put together the best plan for this site going forward. Mayor Lund stated to Mr. Hussain just so he understands, certainly their whole discussion revolves around this traffic issue because it is a very difficult site given the elevation and relation to the other businesses at a lower elevation so it does not leave an accessible alternative. He is sure he speaks for the entire Council and staff in saying, they welcome the investment and improvement to that quadrant at that intersection. In a perfect world, they would like to see a better circulation of incoming and outgoing traffic and recognize the difficulty. Mr. Hussain replied, sure, they recognize the difficulty and have done their best, both from their standpoint but also keeping their neighbor as comfortable throughout this process as well. Also in terms of formalized traffic flow, you go from 20 feet of very isolated easement space today to 50 feet of written codified easement space for both themselves but more importantly for Embers to have that second light. No doubt not the best case scenario, but balancing those two parts, they have come to the best solution possible. Mayor Lund asked Mr. Hickok if they were to approve these agreements given to them tonight, knowing they are minus Embers, would they approve these contingent on the other one forthcoming? Mr. Hickok replied, important point. What they would be doing, for the benefit of Mr. Hussain and the other owners of the property, they would be approving this contingent on the City getting the Agreement back. The private easement agreement that has been executed between them and Embers back in their hands and also Joe's agreement will be coming back to the Council. The Embers agreement he believes will be back to Council at their next council agenda. However, the resolution the Council has in their hands says that, contingent on getting those things then, the Mayor and City Manager could execute this agreement without having to come back to the Council for those two agreements that are before them. Mayor Lund asked, does this resolution actually say that it is contingent? Mr. Hickok replied, yes, they will see there are three points in there. Darcy Erickson, City Attorney, stated it appears that they have just one of the resolutions. She sent over two separate resolutions, one for the approval of the landowner improvements and one for the declaration to be signed by Totem Foods. Mr. Hickok replied, that is probably back on his printer. Fortunately, the action of signing it is not going to take place right now until they have those other documents in their hand. They have basically the resolution and the format for the resolution, nearly an identical format for each of the two documents that says they are authorizing the Mayor to sign those and they are relative to the agreements they do have in their hand. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 18 Councilmember Bolkcom asked whether the other resolution they do not have is part of the record. Mr. Hickok stated the resolutions are nearly identical. One resolution for each of the two documents before them. That resolution is basically their signature saying they have agreed to the terms in these agreements, and the agreements themselves will be signed. As they like to do, they have a resolution that is accompanying another document they are approving. Mayor Lund stated they only have in front of them the resolution for the declaration release and waiver of conditions. The other one they do not have in front of them is the resolution relating to the agreement? Mr. Hickok replied, yes, and they will have that in their hands momentarily. Councilmember Bolkcom stated No. 17 is being continued to the next meeting. Mr. Hickok stated because Joe is not here. Staff has had very good discussions with them, their attorney is taking a final look through information, and staff will have that back for them at their next meeting. MOTION by Councilmember Bolkcom to suspend Rosenberg’s Rules of Order and go to Item No. 8. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Approve Stewardship Fund Planning Grant Agreement between the City of Fridley and the Mississippi Watershed Management Organization for Village Green Stormwater Detention Expansion (Ward 1). Councilmember Bolkcom stated is this a normal thing where the City would do in-kind matches for a stormwater detention? Mr. Kosluchar replied, yes, the City is the grantee in this case. The MWMO has recently revised their rules to permit projects to occur on private property rather than public property. The idea is that oftentimes there are better opportunities on private property. In this case they are looking at the reconstruction of the detention area at Village Green well beyond what they are required to do per their development agreement with the City. Just to summarize, basically Village Green is required to have a 50-year storage capacity in their retention area; and what they are looking at is expanding that to a 100-year storage. There is offsite contribution. The subwatershed is about 80 acres right now. There is obviously some City right-of-way and some other location that belong to this property. Councilmember Bolkcom asked, and the City feels comfortable that the $4,000 that basically is the City’s portion for a consultant, is already in the City’s storm water utility fund and feel comfortable that amount will be enough for the City's portion. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 19 Mr. Kosluchar replied, actually as part of the fund prior to the 2012 street improvement. After the storm in 2011, they had a feasibility report that was prepared by a consultant in some detail. At this point they are asking the consultant two things, one, is to take into account the geotechnical information that obtained from the analysis from the soil borings and the second thing will be to apply the new standard 100-year storm that was developed between 2012 and now through better storm records which will have a significant impact on what can be done. Councilmember Bolkcom asked how the Rice Creek Watershed and the Mississippi Watershed connect as far as funding and the whole thing. Mr. Kosluchar replied it is interesting, because geographically, this project is in the Mississippi Watershed Management Organization boundary, but it flows north to Rice Creek, then it flows west to the Mississippi and then goes back south into the MWMO again. It really does cross boundaries and they are very happy those two partners did not draw a line at the jurisdictional boundary of this project. They both saw benefits for both their organizations. Rice Creek Watershed District is entertaining a cost share grant at this point, potentially for the construction here. They are reviewing those right now. MOTION by Councilmember Bolkcom to approve the Stewardship Fund Planning Grant Agreement between the City of Fridley and the Mississippi Watershed Management Organization for the Village Green Stormwater Detention Expansion. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. (Continued) Approve Encroachment Agreement to Allow Public Improvements on Private Right-of-way Located at 5300 Central Avenue N.E. MOTION by Councilmember Saefke to approve the Encroachment Agreement to Allow Public Improvements on Private Right-of-way Located at 5300 Central Avenue N.E. and Adopt Resolution No. 2015-26. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Approve Declaration Release and Covenant Not to Sue with Totem Foods, Inc., Generally Located at 5300 Central Avenue N.E. Mayor Lund stated this is the one that is conditioned that the Embers' property owners will also be giving them another one of these. Attorney Erickson replied, actually all of the documents are conditioned on the private easement and the owners providing the declarations to the City. They are all kind of buttoned up together and predicated on getting signatures from everyone. FRIDLEY CITY COUNCIL MEETING OF APRIL 13, 2015 PAGE 20 Mayor Lund stated just so all of the parties understand, Item Nos. 15 and 16 are conditioned on getting the other executed documents from the parties involved. Councilmember Bolkcom stated although they were just handed these tonight, she asked whether they feel confident their City Attorney has looked over these documents and is very comfortable with going forward. Attorney Erickson replied, these documents reflect the best position the City can be with respect to its right-of-way and accommodating the development, similar to other documents received in other instances. MOTION by Councilmember Saefke to approve the Declaration Release and Covenant Not to Sue with Totem Foods, Inc., Generally Located at 5300 Central Avenue N.E.and Adopt Resolution No. 2015-27. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. Approve Declaration Release and Covenant to Sue with Ricky's Properties, Inc. Generally Located at 5400 Central Avenue N.E. (Ward 1). MOTION by Councilmember Saefke to continue this item to the April 27, 2015, City Council meeting. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Wysopal stated this is representative of what they are trying to do to react to a business that is trying to make something work in the City, and are working on timeframes and deadlines. He thanked Council for understanding that and thanked staff and the City Attorney. This represents a lot of work, and he is sure the owners and developers appreciate that as well. 18. Informal Status Reports: There were no informal status reports. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:53 P.M . Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor