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01/05/2009 - 29220CITY COUNCIL MEETING CITY OF FRIDLEY JANUARY 5, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director James Kosluchar, Public Works Director John Berg, Fridley Fire Chief Fritz Knaak, City Attorney OATH OF OFFICE: Mayor: Scott J. Lund Councilmember-at-Large: Robert L. Barnette The Oath of Office was administered to the Mayor and Councilmember-at-Large by the City Clerk, Deb Skogen. PRESENTATION: Fridley Historical Society presented a book recently published on the City's history. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 8, 2008: Councilmember Saefke pointed out on Page 8, he is referred to as "Commissioner" on the whole page instead of "Councilmember." Councilmember Bolkcom stated on Page 2, second paragraph should read "Ms. Skogen replied over votes happen at every election." FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 2 Councilmember Saefke said on Page 11, Councilmember Bolkcom is referred to as "Commissioner" also. City Council Meeting of December 15, 2008: Councilmember Saefke stated on Page 6(about the middle of the page), when they were speaking about water and sewer rates, he asked for clarification that the fixed rate would be paid no matter what. If residents did not use excessive amounts of water, a volume charge would not be applied. He meant to say that the fixed rate was paid no matter how much water was used, and you would only be charged for the actual amount of water that you used. In other words, i.e., if you only used 3,000 gallons a quarter, you would only be charged for the 3,000 gallons. There is no minimum charge any longer for that, and you would be charged at the lowest rate which is actually less than the current rate. If you used 20,000 gallons or less per quarter, it is $1.08 per thousand. APPROVED AS AMENDED. NEW BUSINESS: 1. Approve Extension for Special Use Permit, SP #07-09, for the Sikh Society, to Allow the Construction of a Worship Facility in an R-1, Single Family District, Generally Located at 5350 Monroe Street (Ward 1). William Burns, City Manager, stated the petitioner has requested an e�tension because of several delays related to gaining access to the site. Petco and Target have denied the petitioner an access easement to their site. More specifically, the petitioner has had to re-engineer the site for access and ponding purposes. Part of this means they may need to go across one of the wetlands on the site and, if they do, they will have to provide for wetland replacement. The petitioner is also in the process of fundraising for the project, which they hope to have completed soon. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Resolution Designating Official Depositories for the City of Fridley. William Burns, City Manager, stated staff recommends appointing Wells Fargo Bank Minnesota, N.A. as the City's official depository. The City has had great service there, they have been very responsive to our requests, and they allow us to invest idle cash on a daily basis with minimum cost to the City. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-01. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 3 3. Resolution Designating an Official Newspaper for the Year 2009. William W. Burns, City Manager, stated staff recommends we appoint the Focus News as our official newspaper and the Star Tribune as the second official newspaper for 2009. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-02. 4. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota. William Burns, City Manager, stated this resolution established winter and spring load limits for City streets. The load limits stay into effect until the Anoka County Highway Department raises the limits on County roads, which is usually sometime in April. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-03. 5. Receive Bids and Award Contract for the 85t'' Avenue Trail Project No. ST2008-03. William Burns, City Manager, stated 14 bids were opened on Monday, December 15. The project is located along the south side of 85th Avenue from the west side of the BNSF railroad tracks to University Avenue. The work includes improved safety for non-motorized vehicles at the BNSF rail crossing on 85th Avenue with approved crossing area. It includes paved bituminous path and pile-supported bridge sections to span sensitive wetland areas. It also includes signed rest areas, bike racks and refuse containers. The project construction is funded 80 percent by Federal grant and 20 percent by local match. The project estimate was $1,150,000. The low bid from Colt Construction Services was $772,638.70. The City's portion for the project is expected to be less than $155,000. We budgeted $250,000. The City's match is to be funded by MSAS funds. The Public Works Director has requested that this item be removed from tonight's agenda to allow for further review with the City Attorney. Dr. Burns asked that it be removed and tabled to a special meeting on Monday, January 12. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. Approve Change Order No. 1 for Elevated Tank 2 Rehabilitation, Project No. 378. William Burns, City Manager, stated we need to modify the contract for work associated with removal of antennas from the tower. The antennas were from Metrocom. They leased space and have since gone out of business. The amount of the change order is $2,250. This should be the final change order for this project. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 4 7. Approve Preparation of an Agreement Between the City of Fridley and the Minnesota Department of Transportation for the Trunk Highway 65 and Moore Lake Drive Traffic Control Signal Replacement (Ward 2). William Burns, City Manager, stated MnDOT will be replacing the signals at Highway 65 and Moore Lake Drive in 2009. The existing signal is 34 years old and probably is in as bad a condition as any signal they have in the metro area. The desirable signal life is 25 years, per MnDOT. The project also includes upgrades for pedestrian crossings at all four corners of the intersection. It will be upgraded to accessible pedestrian signals (APS) which will provide audible pedestrian push buttons, LED countdown pedestrian indicators, and pedestrian ramps with truncated domes. Dr. Burns stated staff recommends using galvanized steel mast arms for this signal system. If the City decides to paint the signal poles (which we are not), the City will be responsible for 100 percent of the cost, which is $3,000 to $4,000 for each signal system. Staff recommends installing internally lit mast arm signage (internally illuminated street name signs) at a cost of $8,000 which will be paid for by the City. MnDOT would be responsible for the operation and major maintenance on the signals. The City would be responsible for minor maintenance, luminary maintenance, and power costs. Standard cost share agreement is 50 percent for the City and 50 percent for MnDOT. Dr. Burns stated staff has requested to be put on the advance MSAS funding list to provide its match. If approved, it would give the City $130,000 from their 2010 MSAS allocation. Staff recommends Council's approval to work with MnDOT on preparation of an agreement to replace the traffic control signal at T.H. 65 and Moore Lake Drive to include galvanized poles and internally lit signage, if the project can be funded from 2010 MSAS funds. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 8. Approve 2009 City Council and Staff Appointments. William Burns, City Manager, stated the appointments will remain the same as in 2008. Mayor Pro Tem will remain as Councilmember Barnette. Staff recommends council's approval of these appointments. APPROVED. 9. Claims (139947-140134). APPROVED. 10. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 5 11. Estimates Shank Contractors 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Improvements Estimate No. 1 ............................................. $ 21,292.35 Classic Protective Coatings N7670 State Highway 25 Menomonie, WI 54751 Water Tower No. 2 Rehabilitation Project #378 Estimate No. 2 ............................................. $324,498.15 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 1, 5, 6, and 7 be removed. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item Nos. 1, 5, 6, and 7. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 1, 5, 6 and 7. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: None. PUBLIC HEARINGS: 12. Consider the 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 #05-03, by JLT East River Road, LLC, Generally Located at 5601 East River Road) (Ward 3). FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 6 MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:53 P.M. Mr. Hickok stated it is important they mention this was published as a public hearing. This rezoning is a bit unique. This came before them a few years back, and there was a gap between the first and the second readings. At the time of the first reading Council felt it was important to publish this as a public hearing when it came back so surrounding property owners would know that it is coming back. Mr. Hickok stated on September 12, 2005, Council approved the first reading of a rezoning to C-3, General Shopping Center. There was a caveat that a 24-month timeframe would allow them time to bring back a full plan for second reading. They were to provide the application materials that they would typically see with a first reading of an ordinance. Mr. Hickok stated the property owners were seeking the rezoning to be able to market the property. The City agreed in concept with the rezoning; however, to be consistent with like applications, supporting documentation of future site layouts would be required. Since the 2005 approval of the first reading, the petitioner asked for an additional 18 months to allow them to prepare a site plan and work out access issues with U. S. Corrugated, their neighbor to the north. Mr. Hickok stated since the September 12, 2008, e�tension approval (the most recent e�tension), the petitioner has submitted a site plan and the necessary information required for a second reading. The petitioner states that marketing the site without prior rezoning approval has hindered their ability to get serious prospects and ultimately a final commitment from retailers looking at this site. The petitioner has also indicated they are still actively working with U. S. Corrugated to get access issues resolved but, at the time of the writing of this report, they were really focused on getting the rezoning and they would like to make sure they can market this site to potential commercial users. Mr. Hickok presented a site plan. It does show a layout. The principal retail building is 158,000 square foot retail facility; and there are a number of smaller retail facilities, including a bank, restaurant, car wash, and motor fuel operation on the periphery of the larger retail store. Also, there is a daycare in the north corner of this site. Mr. Hickok stated as staff reviewed the application for the second reading, lack of an agreement between JLT and U. S. Corrugated was something that was of concern. There have been further discussions with 7LT and Joe Meyer. There is a stipulation (Stipulation No. 2) they would like to modify which talks about that access. Without an agreement between the two property owners, access to both sites may be less than perfect and approval of a compromised access plan would be contrary to good planning practice. Since access to East River Road would be limited to that one controlled point, we need to make sure it works very well. Individual access to East River Road is not an option. So the best possible access is depicted on the site plan. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 7 Mr. Hickok stated Anoka County is still in the process of reviewing the 57th Avenue e�tension. As it exists, just west of University Avenue, it is a county road and the presumption is that county dedication would also carry further to the west when this connects with East River Road. Following any further revisions from Anoka County, staff recommends that the 57th Avenue e�tension be installed as shown on the submitted site plan. If funding for the bridge becomes available, this will allow for the connection to happen and will spur new opportunities for retail development. Mr. Hickok stated parking dimensions were another thing pointed out on the site plan. The stalls shown were 9.5 feet when the City's code requires 10 feet. Regarding environmental review, this is pretty standard when you have a number of parking stalls that approach this number. It does not necessarily mean that environmental impact statement or review process is necessary, it just simply means that if the triggers are here, they are cognizant of that and do what is necessary to help with the environmental issue and to proceed as necessary. Mr. Hickok stated regarding the tax base revitalization application, the developer did receive $168,000 for asbestos cleanup. At the time they were demolishing the original industrial building, they had sought some funding through the Metropolitan Council. At that time, their request did not receive first round funding, and one of the reasons stated back to the City from the Metropolitan Council was because of the density of the development and the mix of the type of development. 7LT did come back with a revised site plan showing approximately 200,000 square feet of retail and a 90,000 square foot office tower. The current plan shows by comparison 186,000 square feet of mixed retail and it does not include the 90,000 square foot office building. The plan does reflect what the developer believes is realistic in this market place and for this site. As for what that means to their grant application to Met Council, that would be an issue for them to reconcile with Metropolitan Council. Mr. Hickok stated at Council's last meeting they approved an action plan basically that sets in motion the creation of a transit-oriented district allowing TIF and other potential benefits to be gained in this district. As a result of the creation of this district, staff hoped for quality-mixed development that would bring high building values, jobs, and new development life to the area that surrounds the Northstar transit site. We think this would be beneficial to the City, the County, and the State. We also felt an internal connection allowing a ventral connection for riders of Northstar access to the site should be considered. Mr. Hickok stated as for the architecture, in response to earlier staff development discussions about building image and quality, there was positive response from the developer in that they commissioned an architectural firm to create design criteria for the future entities within the development to follow. Short of having buildings here and known entities that were going to be developing these sites, what the developer did is contracted with this architectural firm to basically set standards whereby the new entities on site would live by those standards in the design and build-out of their facility. This rezoning is different in that there are no known tenants at the time. It does add certainty by having these criteria built in to the development and further stipulated in staff's recommendation, so that commercial entities will build those features into their architecture as they move forward. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 8 Mr. Hickok stated staff recommends Council hold a second reading of the ordinance for approval of Rezoning Request, ZOA-#OS-03. Staff further recommends that Council approve the ordinance which would allow the rezoning of the site from M-2, Heavy Industrial, to C-3, General Shopping. This would include nine stipulations. He would like to make two corrections. Staff notes that Stipulation No. 2 should refer to the site plan dated 12/3/08 rather than 11/26/08. The 11/26/08 date was for the original base plan, and they submitted a revision to that plan on 12/3/08 which further depicts the 57th Avenue e�tension. They would prefer it to say "57th Avenue improvements to be made according to plan submitted and dated" and they would ask that date also say 12/3/08 and then "an easement agreement between 7LT and U. S. Corrugated" or the "[then owner of the property] to the north of subject property be filed allowing full access." If that easement is required for said access and/or the 57th Avenue improvement. Mr. Hickok pointed on the site plan that installing the roadway would be difficult with U. S. Corrugated not being addressed by easement or some other mechanism. Answering the question of the 57th Avenue e�tension, he thinks is important and shows up in the Comprehensive Plan. It is really important to the circulation on this site and future access to the U. S. Corrugated site. So important he thinks that if it is not answered, the recommendation of staff would be not to rezone the site. If access issues cannot be rectified, then they would say that rezoning of this site is probably not proper because a commercial site like this, that has the anticipated movement in and out, but a less than perfect access opportunity on East River Road, is not good for anyone. Councilmember Bolkcom asked if letters were sent out to the neighborhood. Mr. Hickok said they handled this just like the first public hearing. Notification was sent within a 350-foot perimeter of the site and notification was put in the paper. Councilmember Bolkcom asked whether they received any comments from anyone. Mr. Hickok said they did not. Councilmember Bolkcom said under the section titled `Background," in the last sentence of the first paragraph, it says ". .. plat and the access negotiation delayed the signing on of future prospects for the site." She asked what it meant. Mr. Hickok said the word "on" should be deleted. MOTION by Councilmember Bolkcom to receive three drawings into the record: A1 (E�terior Elevations), L-1.01 A(Landscape Plan) and C-3.01 A(Site Plan). Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 9 Councilmember Bolkcom asked if they have ever approved a rezoning with having only a possibility of how something is to be laid out. Mr. Hickok said the plan represents the possibility of what could come. It is better than a random guess. It is more of an educated guess based on the developer's experience and what they would expect to happen on this site. He cannot speak for all of Fridley's history, but during his time with the City, he cannot recall another time where they have approved a rezoning. From a purist planning prospective, a City should evaluate whether the zoning is right for a site and then whether the uses then fall into place. Do they think it is an appropriate zoning for its location? They should determine if they have any concerns relative to the site, whether it be access or other things, that may cause them to say the rezoning of the site is not appropriate. If they think it is appropriate, those issues, especially in a multi-tenant situation, would be worked out as the pieces came together through the stipulations. Councilmember Bolkcom stated this is a rezoning, and in a sense may be their only chance. If they approve this with the stipulations, basically it would now be between the developer and the staff as long as it fits the criteria and those stipulations. Compared to past rezonings where they actually knew exactly where the buildings, green space, and parking were going to be, they are approving this rezoning tonight with basically somewhat of a plan. Mr. Hickok replied, yes, this does put a lot of faith in staff and the developer. We do not have a 158,000 square foot tenant right now that they can talk specifically about. Although it is laid out, a retailer may come in and make changes. However, those are the kind of issues that staff feels very comfortable working on. Council can trust staff to take those issues and deal with them. If there was an issue they thought needed more input from Council, they would bring it back. However, they feel confident that they would be able to manage that and make sure it meets City Code. If it did not, they would not get permits. Councilmember Bolkcom stated she is concerned because this is so different. She thinks back to another rezoning, although it was closer to a residential area, but they got hung up on a fence. What Council thought and what City staff thought and what the neighborhood thought. She is a little bit apprehensive that they are approving something when they do not know how it is going to be laid out. She said she would like to talk about the access off of 57th Avenue and Mr. Hickok's comments about the bigger square where it comes across the site. She asked if the other square is the building. Mr. Hickok replied, regarding access to the site, you come in, there is an access drive and there is truck parking in the front of the facility in the center location. There is actually a maneuvering area for vehicles along the south side of the building. Right out where you can come in perpendicular to a roadway and actually be looking head-on with other traffic is optimum, not looking over your shoulder. Coming in at an odd angle is what is allowed by actually including that triangular piece of property in the whole layout of the roadway. That is where they think access is optimum. Councilmember Bolkcom asked so if she is coming off East River Road and going to the property to the north, she is going to make a left hand turn across. That would not change. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 10 Mr. Hickok replied, right, you would be able to come in and make that turn. Councilmember Bolkcom asked how close the new proposed road was to the building. Are there any issues in terms of setback to the building? Mr. Hickok replied, no. Councilmember Bolkcom asked regarding his comment that not including that property and that access would not be good, is that related to getting our fire trucks or any other emergency vehicles in there? Mr. Hickok replied, yes, early on, and he thinks they would agree, too, that it was not the best layout for access to this site. If you were to take this roadway and basically turn south so that the truck access to the site to the north would come in on that curve, but retail access to the site could take that curve further south into the site, it puts a bend at a very critical point, and makes maneuverability for trucks more difficult, especially during busy retail times where there may be some stacking issues, etc. They think with the roadway and an opportunity to look directly across at that other motorist, it would be much like the improvements they made on 57th Avenue and the other segment where people can come out of a parking lot and make them look directly on at a motorist, so they are allowing the car to move before they start moving themselves. Councilmember Bolkcom asked if this were all built out like it is here, do they have any idea what the volume would be. They still would have to make it through from the retail space. They would all be coming in on the same road, correct? Mr. Hickok replied, correct. Statistics are available through engineer studies that are done on transportation and circulation in developments like this. For a retailer of that size, the number of trips per date, and for all of those peripheral retail facilities, they would also be able to gain those numbers/statistics about what the traffic movement through here would be. Again, it would lead us back to having a better circulation opportunity and a more defined route to the north like they are showing. Councilmember Bolkcom stated 2005 was a long time ago but she remembered talking originally that there would be a retail building but it would be closer to East River Road and they would not just see a sea of parking. All she sees when she looks at this is a sea of parking and then she sees a retail building back quite a ways. Mr. Hickok replied, in the original plan it was more of an L-shaped building that had as she described more building presence out near the corner, and it kind of wrapped around and split the parking up a bit more. At least from what he understands from the retailer there are very specific parking requirements in terms of number of spaces they need and layout templates they use for putting their customers a certain distance from the door, etc. He would also like to see something that is really more of a signature with less parking, and more landscaping. If they feel strong enough about this and want to make a stipulation, they could do that. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 11 Councilmember Bolkcom asked what "CN" numbers were. James Kosluchar, Director of Public Works, replied that means "curve number." It reflects the imperviousness of the surface. Councilmember Bolkcom said under "Building Orientation" is says the orientation of the buildings should take advantage of available view sheds of future developments where possible. She asked what "view sheds" meant. Mr. Hickok replied a view shed speaks to how the development is laid out, so if you are a retailer who is further back on the site, there is opportunity for people to glance through and see your building in between other buildings. What this is saying is that it wants you to optimize that opportunity and think about your site layout so that (1) it gives you an advantage and gives you a nice site layout but (2) leaves a view shed so that other retailers around you can be seen and motorists can have glimpses of that as well. Councilmember Bolkcom asked in that same section, it says 30 percent greenery, is that approximately what we would be asking for? Mr. Hickok replied ours is never represented in terms of percentage when it is spelled out like this. Ours is laid out by parking setbacks primarily. He would almost like to focus on a percentage when they are laying out this site. More green space in positioning it so that it is best placed for the building that it is surrounding. Councilmember Bolkcom stated when she read it, it seemed like it is a lot but she wanted to make sure they did not feel that they can do more and they still have to do the green spaces that we request. Councilmember Bolkcom said under "Building Design," it says building coverage of not more than 40 percent may be accepted. She asked how that equated to what we have as far as our requirements. Mr. Hickok replied they are trying to match our requirements. Not more than 40 percent lot coverage is what is designed in the Commercial District. Councilmember Bolkcom stated, reading the ne�t one, it says "Large blank expanses of wall facing public street frontage is discouraged." She thinks the word should be "prohibited." The commuter rail station will be very close to this. She hopes the developer would look at this and say, I want to make this really look like a high-class area. Councilmember Bolkcom asked under "Door and Windows," the last sentence says, "Windows and doors shall be glazed in clear glass for retail buildings. Mirrored windows shall be discouraged." It seems to her it should be "prohibited" also. Mr. Hickok replied, certain retailers actually have specifications for the products they sell, certain UV tints they put on so the products do not fade or so they show in a certain light. It is FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 12 saying it would be discouraged, it is not going to be the norm in there. They would not want to eliminate the possibility for somebody who actually has that as a prerequisite for their retail space. Councilmember Bolkcom asked so mirrored means it does not let light in. Mr. Hickok stated using it for window tint, it is not necessarily just "mirrored" but tints as gradient shades of tint so it is not just clear glass. Councilmember Bolkcom said under "Parking," it says the parking stalls shall be a minimum of 9' x 20' and 9' x 18'. She asked if that should be changed to our stipulations which are 10'. Mr. Hickok replied, it should and that is, again, one of the reasons why they spell that out in our stipulations. Councilmember Bolkcom asked if the stipulation regarding the architectural criteria submitted and prepared by Kathy Anderson, Architectural Consortium, needed to be corrected in order for us to approve the stipulations. The overall parking under that same section, is that consistent with our City criteria? Mr. Hickok replied, yes, it is. Councilmember Bolkcom asked whether we are comfortable with what they have written there. Mr. Hickok replied, actually they are showing more parking on their site plan than we would like based on our recent modification; but certain retailers that they have talked to would like more than our Code requires. Councilmember Bolkcom replied, she wants to see us cut down on so much parking. That is the best thing that we did on the Target site. Mr. Hickok replied, yes, that is what we are saying. Councilmember Bolkcom stated, under "Lighting," it says, excessive brightness shall be avoided. What does that mean? She is a little concerned about all this architectural criteria vs. the City Codes and ordinances. Mr. Hickok replied, none of them are less stringent than our Code requirements. That is the minimum they operate under. These are more specific. For example, on the lighting comment, we do not allow horizontal glare. They need to have shielded downcast fi�tures, so there is no horizontal glare. Using these criteria does not mean they get to use something other than the shielded downcast. It is just an added emphasis. Councilmember Bolkcom asked if they would allow excessive brightness. She asked what it meant. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 13 Mayor Lund stated car lots they seem to be the brightest. They have the most brilliant bright lights. We do not have a set standard. Mr. Hickok replied we do not. Color and light temperature are things that are going to show up in architectural discussions in criteria like this where you are very specific about the color expectation and the light temperature expectation even in a development. This gets you a step closer. It does not lay out a specific luminary or a specific color, but it does try to say we are not looking for excessive brightness here and the developer then has leverage to go back and say, look, I do not like it. You are looking at 40-foot light standards and you are going with the high- pressure sodium. Here is what we have in the rest of the development we would like you to match. If you like it we can make that change. Councilmember Bolkcom said under "Signage" she wants the developer to know that you do not put any signs up without getting sign permits. We have very strict rules on that and you do not erect them and then ask for a variance. She asked if all the information is consistent as far as our City Codes related to sign permits. Mr. Hickok replied, yes. Ours would be the foundation that is taking another step further and they do encourage developers to do that for consistency. Councilmember Bolkcom stated so we are just basically laying out what they plan on having for signage. Mayor Lund stated he took this as simply a question of do we want to allow a change in the zoning. He always leaves things up to staff to follow up on the zoning. Councilmember Bolkcom replied this is the first time she can remember that she has been on the City Council that we have had a rezoning. They did have one in 2005 and then again now, where they actually indicated where the building and parking is going to be. She understands that as part of rezoning it is her job to talk about parking, access, lighting, and things that are part of the criteria to approve or not approve a rezoning. It is a wonderful plan and they have done a lot of work, but ne�t week they can come back and say they have a whole different plan and something else could develop here. It is nothing against staff, but if we approve a zoning without really knowing what is going to be there, it is something different than what we have done before. William Burns, City Manager, said he shares her thoughts and concerns about the lack of control and the control they are giving up by passing the second reading. It occurs to him the main reason for doing it is to give them additional leverage to market the property. That was the reason for doing the first reading. Now we have two concessions so they can market the property. If they market the property after our generosity, and we wind up with a vacant building somewhere else in the community, be it a Target or Sam's Club or something like that, have we not created a problem for ourselves somewhere else? He asked if we had any indications from the developer that this would not happen. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 14 Mr. Hickok replied, we do not. At this point, they are not certain who their tenants are going to be. There has been some discussion of a tenant that is already in Fridley. If that happens, we have asked what would happen to the existing facility and if they had plans. They did not get a very satisfactory answer. He does not know that a single user has been the motivation for this rezoning request. It probably has as much to do with industry and the fact that this site is a premiere commercial site. Also, it really does match what we say in our Comprehensive Plan. Councilmember Bolkcom asked Attorney Knaak if they are walking down a path for the ne�t developer that comes along and wants to do something very similar to this. Fritz Knaak, City Attorney, replied, she is right to ask the question because the standard is basically you have to treat similar applicants similarly. One thing they have going for them in these cases though is in a rezoning or in a development proposal, generally speaking, you are given a lot of discretion in the law. The more factually specific the reasons are that you give for a specific kind of acceptance, the easier it is to defend yourself if there is a charge later about similar treatment. You are right to have that in mind when you do something like this because developers tend to be very well-funded and tend to have lawyers. Councilmember Bolkcom asked what his advice was. Attorney Knaak replied his advice is not to tell them whether to do this. It is not his role, but they can look at this on the understanding that this is a fairly unique situation in the City. You should be able to differentiate this from other kinds of proposals, but you have to be careful. So he would just say this is something they can do if they choose to do so, but be mindful of the fact that they have to think of this as a unique situation and they have to state this is a unique situation and why. Bill Meyer, JLT Group, said he thinks the first part would be easy. If for some reason 57tn Avenue came through in such a manner that they did not need the easement, they did not want to have to acquire an easement they did not need. He said he thinks they are fine with the stipulation the way it was originally written. Mayor Lund stated his concern was even with that easement agreement between the property owner, is there enough stacking room with the potential flow of U. S. Corrugated coming in there. He is concerned about stacking because that usually ends up being a real problem during afternoon rush hour. Mr. Hickok replied there is 202 feet between that intersection and East River Road. That is not the roadway itself. There is quite a wide right-of-way still outside of the property line. Is that enough? He would hesitate to tell you. One business may say one thing and another say something else. He supposed in certain commercial high-peak times, stacking would require a greater distance than 200 feet. Generally speaking 200 feet is probably a fairly typical stacking distance before an intersection. Mayor Lund stated he saw the number of 125.3 on the drawing and he does not know if that is a dimension or what. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 15 Mr. Hickok replied 125.35 is only a portion of it and then there is that other dimension, 77.12. Those two added together are roughly approximately what you have in the southern part of that street that would be the northern property of that bank, the northern property line. Also, in Stipulation No. 4, because there are some unknowns here, we really do not know if that bank is going to be there per se. Through Stipulation No. 4, we would really work on the circulation of this site basically through their civil engineering and their proposing back to us and find the best possible alignment. Councilmember Bolkcom asked if they actually had an agreement in place right now for access. Mr. Meyer replied, with U. S. Corrugated? Councilmember Bolkcom replied, yes. Mr. Meyer said we have an agreement that is not done, not signed; and that is why it is a stipulation. Councilmember Bolkcom stated she has a real big concern that we do not actually have an agreement. Mr. Meyer stated he believed that is why there is the stipulation. Councilmember Bolkcom replied she is concerned that they do not have an agreement. They have all kinds of stipulations and they do not have any actual buildings or anything. There are a lot of drawings and things in writing, but they really do not have what the ultimate plan is going to be, which is unusual for a rezoning request. Councilmember Bolkcom stated she would like to talk about the stipulations and the architectural aspects. Under "Building Design," would he be opposed to changing the sentence regarding the large blank expanses of wall to read "is prohibited" rather than "is discouraged"? Mr. Meyer replied, he thought that was fine. Councilmember Bolkcom said she remembered in 2005 that they talked about doing something that would be closer to the road and that there would be less parking. She sees a lot of parking in the current plan. If she were to plan this, she would have it so the building is closer. It would be a pretty building that you could see from I694 or at least from East River Road. Right now, all they will see is a bunch of parking. She asked how many parking spots were in front facing East River Road. 200? Mr. Hickok replied, more than that. Well over that. Councilmember Bolkcom asked Mr. Meyer why it was laid out the way it was. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 16 Mr. Meyer replied, first of all, going back to 2005, the major buildin�u that you see on the site now is basically on the same spot as what they had in 2005. Also, 57t Avenue was not part of the plan at that time so the building was more elongated going to the north. Councilmember Bolkcom stated, it was more of an L-shaped building, and there was more visibility of the building. Mr. Hickok replied, yes, in the original site plan that went to Metropolitan Council it was kind of L-shaped. Councilmember Bolkcom stated it was more of an L-shaped building. Right now all the building is doing is doing is backing up some railroad tracks. Mr. Meyer stated, again, to bring in some of the other retail uses that are along East River Road on the current plan, we had to have first of all buildings that have to be set back You cannot get a bank to go on the backside of a retailer. So if you want a true mixed-use development, he would suggest that it has to be built this way. If 57th Avenue is going to be designed and put where it is, then that building would have to be put on the corner that it is on. Councilmember Bolkcom said so the parking for the bank and all those other places would be across the street. She asked if they would have their own parking. Mr. Meyer replied they have their own parking around the building. Councilmember Bolkcom stated she is not understanding what that has to do with the parking there. Mr. Meyer replied it is a shared parking situation there. That is the whole idea behind a mixed use. Councilmember Bolkcom asked if the bank would have its own parking. Mr. Meyer replied, the bank has its own parking and the retail has its own parking, but the beauty and the idea behind a mixed use development is they have varying uses so when the retail might be busy, maybe the bank building is not or the daycare might have a lot of traffic when the other buildings do not have traffic. Mr. Hickok stated the shared parking is indicated on the site plan. The idea is much like the Home Depot and Pet Smart idea was originally. In off-peak demand time, that is a real nice way of eliminating some of the parking that they would have to have if each one is its own site. It may produce more parking and ultimately an undesirable effect when we are trying to get more green, ponding, and natural amenities. Each of those sites has their own parking and more of it might be a problem. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 17 Councilmember Bolkcom stated so in order to have all these different functions here, we need that much parking. Mr. Hickok replied, the parking on the periphery kind of shares, so each one does not have probably its own numbers independent. That large site has more parking than our Code would require and we asked about that. We would like to see less parking and more green. The retailers that they have been talking to for a large space like this want that ratio. So he thinks they are telling us through this site design that is what they see is the amount of parking they would need to attract the retailers that might be interested in that site. Mr. Meyer replied, we do not get paid for parking, we get paid for square footage. We would like the building to be bigger, and we would like to have less parking. Market conditions dictate from most retailers this type of a parking arrangement. Councilmember Bolkcom replied our new Super Target is a very busy store and they asked for less parking. There is less asphalt and less runoff. She is trying to make it so it is not just a parking lot. Mr. Meyer replied Target is unique. We do not find many retailers who will do that. Councilmember Bolkcom stated he is saying that the company out there wants to have that much parking. She asked if there was any way to mitigate some of this parking. Mr. Meyer replied when they did their headquarters at Ten River Park Plaza in St. Paul twenty years ago, they put in 15 and 20—foot spruce trees. That is the way they like to do things. The architectural criteria was meant to say, we want to go above what the City Code is. We are going to do 30 percent as greenery. We like to take 30 percent and make something significant. Go by the Sheridan Woodbury Hotel they built in Woodbury. Very similar codes to Fridley. They put in a 20-foot area. That is the kind of thing they would do in this situation. Councilmember Bolkcom stated they are at a disadvantage here, they are seeing this for the first time. They do not see any type of landscaping design. This is one of the corridors to our City, and we would like to see something more than just a vast parking lot. Mr. Meyer asked Mr. Hickok whether there is a higher percentage of landscape requirement in an industrial zoning than there is retail. Mr. Hickok replied, no, the commercial and industrial landscape requirements are very much the same. It is based on numbers of trees per lineal foot on the periphery or relative to the square foot dimension of the building on the site. It is meant to try and match the landscape material with the amount of development that goes on the site. Mr. Meyer replied he honestly did not know the answer to that. He would have assumed it was greater for a commercial zoning than an industrial zoning. His point was it is industrial zoning now. By going to a retail zoning, you clearly are going to get a higher level of landscape and a higher level of finished building than what is there now. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 18 Councilmember Bolkcom replied but as our City Attorney says, we have more latitude on the rezoning than we have on any other. We are going down a different path. He is asking them to approve a rezoning tonight on something that could be totally different when it is done. She asked Mr. Meyer if they have ever been to another city and done something that they are doing here tonight. Mr. Meyer said he had not. Councilmember Bolkcom stated regarding doors and windows, can he explain to her what "mirrored windows will be discouraged" means? Mr. Meyer replied, he thinks Mr. Hickok answered that pretty well. The language is better being "tinted." It is to speak to a level of tinting, not necessarily mirrored. Mayor Lund asked if they should say "tinted windows shall be discouraged." Mr. Meyer replied every window is tinted. In certain cases, they like to have a certain level of tinting on the windows. Councilmember Bolkcom asked if staff was okay with it the way it was. Mr. Hickok replied if Council is uncomfortable with any aspect of this, he would suggest they can take out "mirrored," we can prohibit "mirrored," or we can be more specific about window tintings. He is not sure they ever got to that level of detail and honestly he can tell them that he cannot think of a building that has been built in the last 15 to 20 years that actually has mirrored glass. He does think of it as being more of a level of tint. Mr. Meyer stated that is one of the architectural criteria we put on ourselves and we would be perfectly comfortable scratching it. Councilmember Bolkcom asked about the parking issue. She asked if he was comfortable with changing the spaces to our dimensions of 10 feet. Mr. Meyer replied, yes. Councilmember Bolkcom asked under the "Lighting," what "Excessive brightness shall be avoided" meant. Mr. Meyer replied, he thinks the car dealer's comparison was the best example of that. The worst thing they could have is one of the businesses along the street having illuminants that are much greater than the retailers on the rest of the site. Councilmember Bolkcom stated they used the word "avoided." She asked if they wanted to change it to "prohibited." FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 19 Mr. Meyer replied, they certainly could if that makes Council more comfortable. Councilmember Bolkcom asked Mr. Meyer whether he understands the whole thing related to permitting and signage. Mr. Meyer replied, yes. Councilmember Bolkcom asked if they were fine with the recommendation from City staff that Stipulation No. 2 be changed to an easement between 7LT and U. S. Corrugated to be filed allowing full access and 57th Avenue improvements be made according to plans submitted and dated 12/3/08 instead of 11/26/08. Mr. Meyer replied, correct. Councilmember Bolkcom stated staff has recommended changing Stipulation No. 8, deleting the whole sentence and putting in all fire and engineering requirements shall be reviewed and approved prior to issuance of a building permit. She asked if he was okay with that. Mr. Meyer replied, yes. Councilmember Barnette stated they keep talking about 57th Avenue and the design of it, and their request for rezoning is based on a commercial project. He asked if this is predicated on 57tn Avenue coming all the way from University or if it is a stand-alone project. Mr. Meyer replied, yes, it is. That is the way it was designed. To work either way. They actually designed it that way. Councilmember Barnette stated he could see where it would be a selling point if it would e�tend through. Mr. Meyer replied it depends a little bit on where the bridge comes down. Mayor Lund asked Mr. Meyer whether JLT is not just the seller of the property but also the developer. Mr. Meyer replied, yes. Mayor Lund asked Mr. Meyer if they have financing. Given the economic climate he wants some assurance that they are able to do this project. Mr. Meyer replied, yes, even to the e�tent that our current lender has indicated they get the first crack at financing this project. They have a land inventory they think is a real good situation. They keep funds on hand to handle projects like this. The market is what it is. We have it professionally marketed this entire time, and we are talking to everybody all the time and so something will happen. We think this really will help and our marketing people can go out and say there is no zoning issues. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 20 Mayor Lund stated the bottom line for us is we want it to look nice because it is in one of our gateways and major corridors. Mr. Meyer replied, we do, too. Mayor Lund stated we are putting a lot of faith and trust in them. Councilmember Bolkcom asked if there had been any discussion involving other smaller businesses or if he felt those would follow after the big retail. Mr. Meyer replied, not necessarily follow as somebody who develops with that developer. We think it is more prudent to know the bigger piece of the puzzle before a smaller piece comes in. We do not have any users that we have spoken to for any of the other sites. Councilmember Bolkcom stated but they have do have one person for the bigger retail. Mr. Meyer stated they were down the road quite far with a large retailer. That building could be two retailers of half the size fairly easily. We have talked to those retailers also. Councilmember Bolkcom stated so if it does develop into two retailers, they could maybe look at changing the parking. Mr. Meyer replied we could. Councilmember Bolkcom stated it would be really nice if they could market a nice restaurant. Mr. Meyer replied, they are currently under construction with a Ciao Bella in Woodbury. There is one in Edina and it is a good restaurant. If you look geographically it would make some sense to get one in the north. Councilmember Bolkcom asked if he thinks the commuter rail going in will help them market this site. Mr. Meyer replied yes. It will increase traffic and that always helps the marketing of a place. Councilmember Bolkcom stated she feels more comfortable to close the public hearing and have the second reading at the ne�t meeting. She also asked City staff and the attorney to look at why this is a unique property and why we should go down this path. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:24 P.M. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 21 OLD BUSINESS: 13. 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 #05- 03, by JLT East River Road, LLC, Generally Located at 5601 East River Road) (Ward 3). MOTION by Councilmember Bolkcom to table the item to the ne�t City Council meeting on January 26, 2009. Seconded by Councilmember Saefke. Mayor Lund asked Mr. Meyer if this is going to adversely affect his people if they have to wait for three weeks. Mr. Meyer replied, no. Councilmember Saefke stated the plan to him is just speculative and it seems to him that in the not too distant past we had something similar for a zoning change. He would like to have a little more time to consider this and discover what makes this particular property and this particular plan unique so that they do not run into any problems in the future. He also agrees with Councilmember Bolkcom that he hates to set a precedent, because if we do it for one, we may have to do it for others in similar situations. That may or may not be good for the City. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 14. Approve Promotional Appointment of Three Full-Time Firefighters to Fire Captains. John Berg, Fire Chief, stated they have been working on this for a number of years in terms of organization and streamline operations. In January 2008, we approved a three-year contract with the firefighters that included a fire captain's position. In 2008, we approved a budget for the promotion of one fire captain which we did not fill. In 2009 we had budgeted for the promotion of two additional fire captains and one fire inspector. We currently do not have supervisors 24 hours a day, 7 days a week. He is looking to add the fire captains on 24/7 so we do have supervisors on duty, similar to a police sergeant. This also decreases our potential for liability by having a supervisor on duty, and it also provides consistency in the way we deal with calls. It also allows us to have an additional truck officer on callback. Chief Berg stated they are trying to streamline our communication with the paid on-call firefighters. These people being here on a 56-hour work week really are the key to communication in our organization. They are in contact with paid on-call firefighters and with the fire chiefs more often than any other people in our organization. Leadership, better accountability and tracking, firefighter training, performance, conducting performance reviews FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 22 and scheduling are just some of the supervisory duties they will be handling. Of course they will also support the Chief and Assistant Fire Chief in the administration of the organization. Chief Berg stated in our organizational chart the captains will be working on the operations side. Fleet management, station management, training, and investigations are just some of the duties they will be doing. They are not operating on the inspection side. We went through a promotional process at the end of the 2008 year which included changing our job description and adding additional responsibility. This was an internal promotion process. It was open to full- time firefighters. We had four applicants. They participated in a management assessment conducted by Gary L. Fischler & Associates. We had an initial interview which included the Human Resources Director, Assistant Fire Chief, Police Captain, and Brooklyn Center Fire Chie£ We also had a Chief's interview which was not part of the scoring process. Regarding the cost to the City in 2009, this would be a 3 percent increase on the hourly rate for the fire captains. The total cost for the three captains in 2009 would be an additional $5,600 and that of course does not include overtime and benefits. Staff is recommending Council's approval. Councilmember Bolkcom asked if the Fire Department is the only City department that does not have full-time supervision on every shift. William Burns, City Manager, said that was his understanding. Councilmember Bolkcom commented the way the sentence reads is, "The Fire Department is the only City department that does not have full-time supervision on shift at any given time." On shift? She asked if that is really what they are trying to say. Chief Berg said he relates that to Public Works and the Police Department. At any given time, it is his understanding that we do have full-time supervisors. Councilmember Bolkcom stated it just does not make sense, "on shift" at any given time. She also asked if there are any increased benefits. Are they getting any more benefits than they already have? Chief Berg replied, the only benefit that he could think of is the PERA contributions. Dr. Burns stated you would have a slight increase in the overtime cost because of the additional pay. Deborah Dahl, Human Services Director, replied the dollar amount does not include the PERA benefits but everything else is the same as everyone else. This amount is budgeted in the 2009 budget. Councilmember Varichak asked if the three people being appointed are full-time right now. Ms. Dahl replied correct. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 23 Dr. Burns asked Chief Berg to what e�tent is this consistent with other primarily paid on-call fire departments? Chief Berg replied it is consistent with combination fire departments. Typically there are full- time supervisors in other fire departments. Dr. Burns asked about Columbia Heights as an example. Chief Berg replied, yes--Columbia Heights, St. Anthony, and Coon Rapids. MOTION by Councilmember Saefke to approve the promotional appointment of three full-time Firefighters to Fire Captains. Seconded by Councilmember Bolkcom. Councilmember Bolkcom asked if this is effective January 6. Chief Berg replied, yes. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Resolution Receiving Report and Calling for a Hearing on Improvement for Street Rehabilitation Project No. ST. 2009-01. James Kosluchar, Public Works Director, this is the fourth year under the City's assessment policy for major maintenance of streets that have concrete curb and gutter. The program will continue to maintain our streets for future years. This project had been issued to rehabilitate deteriorated asphalt service and also target specific locations or segment of water main improvement. We expect to be publishing notice in the Sun Focus if there are assessments and if the Council approves the process on this project. We have determined basically that simple patching of the roadway surface is no longer effective in these two areas. Mr. Kosluchar stated in addition, the water main has been broken several times between 73ra and Osborne, and there is difficulty both because of the number of breaks and the customers on- line, and getting those breaks repaired due to that high groundwater table. The project area includes University Avenue West Service Drive from 69th to 85th and local streets in Sylvan Hills. Those are the streets that are remaining after reconstruction and recent improvements. Although locations were prioritized in 2008, we had some discussion with Council in an executive meeting. Mr. Kosluchar stated we would also replace the 6-inch water main from 73rd to Osborne Road. We would replace the cap there with ductile iron, and reconstruct aggregate base above the water main that needed to be removed. We protect as much of the existing curb along all these project segments that we could where the water main is to be replaced. We will be removing a large amount of curb. The water main is very close to the west curb. There is no assessment that is proposed for water main work or associated curb. He presented the costs. Basically it is a$1.3 million project. That is a preliminary estimate. Obviously we have had some fluctuations in FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 24 pricing over the last year, so they are looking at current contract costs. We have a schedule included in the feasibility report. Councilmember Saefke stated, having read the feasibility report, there may be a possibility if the bids coming in too high, to eliminate from this year's project 83rd Avenue Wal-Mart, because that was built around 1992. Is that still in the plans? If we can eliminate that section and do Sylvan Hills, that would be a proposal? Mr. Kosluchar replied, yes, it depends on where our pricing is going to be; 83rd to 85th is pretty marginal as far as milling and overlay, and we think it would be effective to do it because we are doing the adjacent segment. However, if prices do go up, that would be one location that we could eliminate from this project. In addition, Anoka County is looking at doing some paving on 85th in 2010. That could be something we tag onto their project. Councilmember Saefke commented regarding the water main replacement, having worked there himself, he knows there are a couple in front of the post office. Besides the inconvenience to Perkin's, Domino's Pizza and a few other establishments, he knows that area is in pretty rough shape. He said it needs to be done. Councilmember Bolkcom stated on Page 6 of the feasibility study, it mentions a WYE. She asked what it was. Mr. Kosluchar replied basically it means the connection of the service to the main. Councilmember Bolkcom asked if funding for this with increased rates on our water and sanitary sewer, etc., will cover these costs. She asked if staff felt comfortable that they were not going to go above and beyond what has been budgeted. William Burns, City Manager, replied we have provided for this in the restructuring of our rates. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-04. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. Approve Extension for Special Use Permit, SP #07-09, for the Sikh Society, to Allow the Construction of a Worship Facility in an R-1, Single Family District, Generally Located at 5350 Monroe Street (Ward 1). Councilmember Bolkcom stated in going back and reading the HRA minutes, it looks like they getting close to approving the sale on that property and they would remain because they do not have any direct plans for the property that is there. We have already approved this special use permit but if there are some wetland issues, would that come back before Council? Would the stipulations have to change? FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 25 Mr. Hickok replied they did anticipate that in the event they did not get access and were unable to bring the road out perpendicular that they would need to convert that wetland. If we feel the impacts are something needing additional mitigation, we will bring it back If it looks like it is something that could be handled through Council communication, we will do it that way and maybe at that point if they think additional mitigation is required, we can take a look at it. Councilmember Barnette asked about the easement on Monroe Street coming off of 53ra Avenue. He asked if they can access that much of the easement. Mr. Hickok replied, they can. They did prove through their survey that they have 25 feet of overlap which is the minimum required to a public right-of-way to gain access. So they have what is necessary. We have strongly encouraged them though, because of the layout of the daycare ne�t door, to work with a combined access. They seem very agreeable to that. They have been working with Westwood Engineering on the wetland issue, and he expects that is who they are working with on the access issue as well. Councilmember Barnette asked if it would be a norma132-foot wide street. Mr. Hickok replied, what they would be doing is taking a private driveway off from that minimum required 25-foot access point. It is going to come in at the corner of their site, and their landscape plan will kind of take off in unusual fashion. It was not their first choice nor was it our first choice. MOTION by Councilmember Bolkcom to approve the e�tension request for Special Use Permit, SP #07-09, for the Sikh Society. Seconded by Councilmember Saefke. Councilmember Bolkcom asked, because they have already taken trees out, if this does not happen, do they have to put trees back. Mr. Hickcok replied they have not started clearing. Our tree preservation language says that they will protect the trees to the e�tent they can. In this particular case though they were grading almost from property line to property line. It was not going to leave much. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive Bids and Award Contract for the 85t'' Avenue Trail Project No. ST2008-03. Councilmember Bolkcom asked what an EEO office was. Mr. Kosluchar replied it is the Equal Employment Opportunity office. MOTION by Councilmember Bolkcom to table this item until January 12, 2008. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 26 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Approve Change Order No. 1 for Elevated Tank 2 Rehabilitation, Project No. 378. Councilmember Bolkcom stated she knows we have to pay for it, but what are going to do with the equipment. Mr. Kosluchar replied it is his understanding that the equipment is worthless. We are looking into it, however. MOTION by Councilmember Bolkcom to approve Change Order No. 1 for Elevated Tank 2 Rehabilitation, Project No. 378. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. Approve Preparation of an Agreement Between the City of Fridley and the Minnesota Department of Transportation for the Trunk Highway 65 and Moore Lake Drive Traffic Control Signal Replacement (Ward 2). MOTION by Councilmember Bolkcom to table this item. Seconded by Councilmember Varichak. Councilmember Bolkcom asked when this would come back. Mr. Kosluchar replied the ne�t regular meeting on January 26. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Informal Status Reports. Councilmember Bolkcom said there is a Six Cities Watershed meeting at the Springbrook Nature Center on Thursday, January 8, from 4:30 p.m. to 6:30 p.m. Councilmember Saefke asked how the paper shredding event went. Scott Hickok, Community Development Director, said it was very successful. ADJOURN. MOTION by Councilmember Barnette, seconded by Varichak, to adjourn. FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2009 PAGE 27 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 10:04 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor