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02/08/2010 - 29277CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 8, 2010 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 (Came later in the meeting.) OTHERS PRESENT: William Burns, City Manager Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney Scott Hickok, Community Development Director Tim Keane, Malkerson Gunn Martin LLP for Tri-Land Properties Hugh Robinson, Executive Vice President for Tri-Land Properties Nick Erpedling, Westwood Properties Services Glen Johnson, Tri-Land Properties LEGISLATIVE UPDATE: Congressman Keith Ellison thanked Council for allowing him to speak. He said there is a lot of talk about healthcare reform. While it appears there is more room for discussion, they are moving ahead in some areas. Another major item of concern is financial reform. Congressman Ellison said they are also working on a neighborhood stabilization project regarding foreclosed properties. If neighborhoods of Fridley are being hit hard with foreclosures, they may be able to benefit from this program. The last bill that they are working on is the Credit Card Bill of Rights. With the high unemployment rate, many people turn to credit cards to pay their bills. The goal is to make sure people know what they are getting into and that the terms and conditions are displayed fairly. Congressman Ellison said the House passed a$150.OB jobs bill. They are looking at a smaller bill pertaining to infrastructure. Some of these funds will be allocated to Minnesota and hopefully Fridley. Finally they were able to secure $2.OM for the Beyond the Yellow Ribbon Program for veterans. These funds will provide training and a successful transition for veterans. Funding has also been secured for the Mississippi Restoration Project. Congressman Ellison asked how the transit was working out. He reminded Council of a public community event on the census on February 18 from 6-8 p.m. in the Global Market Square. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 2 Councilmember Barnette said the Northstar commuter rail is going great. They are now working on Phase 2 which is to get a train to go to St. Cloud. Congressman Ellison said he is 100% in favor of it and thinks it is an exciting idea. It would reduce congestion, spur economic development and build up the transit system. He said Fridley could count on him to be in favor of that. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 25, 2010 APPROVED OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205.17, of the Fridley City Code, Allowing a"Towing Services" Use by a Special Use Permit in the M-1, Light Industrial Zoning District (Text Amendment Request, TA #09-02, by Schmit Towing, Inc., Generally Located at 92 — 43rd Avenue N.E.) (Ward 3) William Burns, City Manager, said the City Code currently does not allow this use in any of its zoning districts. It does allow junk yards and other types of intense uses in industrial districts with a special use permit. Staff feels the towing business is less intense and would have less impact on surrounding areas than many of these uses that are already allowed. Staff recommends allowing towing services in M-1 zoning districts, subject to the eleven conditions included in the ordinance. The Planning Commission unanimously recommended approval of this change at their December 16 meeting. Council held a public hearing on this matter on January 4 and a first reading of the ordinance on January 25. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Commercial Uses Permitted and Exterior Storage (Text Amendment Request, TA #09-04, by the City of Fridley); and Adopt Official Title and Summary Ordinance. William Burns, City Manager, said covers a variety of minor changes in the City's codes as they relate to commercial zoning districts. Many of the changes pertain to requirements for garden FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 3 centers and nurseries in various commercial districts. These conditions had previously not been included in any of the commercial zoning language. Dr. Burns said the Planning Commission held a public hearing on December 16, and recommended them unanimously. Council held its public hearing on January 4 and the first reading of the ordinance on January 25. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 3. Receive the Minutes of the Planning Commission Meeting of January 20, 2010 RECEIVED. 4. Special Use Permit Request, SP #09-19, by Schmit Towing, to Allow a Towing Service Business in an M-1 Light Industrial Zoning District, Generally Located at 92 — 43ra Avenue N.E.; and Resolution Approving Special Use Permit, SP #09-19, for Schmit Towing, 92 — 43ra Avenue N.E. (Ward 3). William Burns, City Manager, said the owners of Schmit Towing Service are requesting the approval of a special use permit which would allow their towing service to exist at 92 43ra Avenue. The property includes 1.99 acres and an 8,234 square foot building. The petitioners have described how they will meet each of the eleven conditions required for this permit. Dr. Burns said the Planning Commission held a public hearing on this special use permit at its December 16 meeting, and recommended approval, subject to two stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Special Use Permit Request, SP #10-01, by Collins Electrical Systems, to Allow an Electronic Gas Pricing Sign and an Electronic Message Center of the Free-Standing Sign, Generally Located at 7295 University Avenue N.E. and Resolution Approving Special Use Permit, SP #10-01, for Collins Electrical Systems on Behalf of North Oaks Amoco Inc., the Property Owner of 7295 University Avenue N.E. (Ward 1) FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 4 William Burns, City Manager, said the electronic changes would be made to an existing 70 square foot sign in front of the Holiday Gas Station/Taco Bell located at 7295 University Avenue. The installation of the electronic components will bring the total square footage of the sign to 80 square feet as allowed by code. The Planning Commission approved the change, subject to three stipulations, at their January 20 meeting. Staff recommends Council's approval. APPROVED WITH THE FOLLOWING THREE STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN SIGN PERMIT AND CURRENT SIGN ERECTOR LICENSE PRIOR TO INSTALLING ANY SIGNAGE ON SITE. 2. MESSAGE ON L.E.D. THAN AUTHORIZED CITY CODE. SIGN SHALL NOT CHANGE MORE OFTEN UNDER SECTION 214.07 OF THE FRIDLEY 3. MESSAGE ON L.E.D. SIGN SHALL NEVER FLASH OR HAVE MOTION THAT MAY DISTRACT VEHICULAR TRAFFIC IN THE AREA. ADOPTED RESOLUTION NO. 2010-10. 6. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. 394 William Burns, City Manager, said the work will occur in two segments spanning .99 miles. The first segment is located along the east side of University Avenue between Rice Creek Terrace and 61st Avenue. The second segment is on the west side of Stinson Boulevard between 61st Avenue and Gardena Avenue. Both sewer lines are vitrified clay pipe. The University Avenue line is 15" in diameter; the Stinson Boulevard line is 8" in diameter. The budget for these projects is $185,000. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2010-11. 7. Claims (144304 — 144418) APPROVED. 8. Licenses. APPROVED THE LICENSE AS SUBMITTED AND AS ON FILE. Councilmember Barnette asked for Item Nos. 1, 2, and 4 to be removed. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item Nos. 1, 2 and 4. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of Item Nos. 1, 2 and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): None presented. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205.17, of the Fridley City Code, Allowing a"Towing Services" Use by a Special Use Permit in the M-1, Light Industrial Zoning District (Text Amendment Request, TA #09-02, by Schmit Towing, Inc., Generally Located at 92 — 43rd Avenue N.E.) (Ward 3) Scott Hickok, Community Development Director, noted the changes in the te�t agreement for item numbers one and two and the correct one was handed out to Council. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt Ordinance No. 1264 and order publication. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Commercial Uses Permitted and Exterior Storage (Text Amendment Request, TA #09-04, by the City of Fridley); and Adopt Official Title and Summary Ordinance. Scott Hickok, Community Development Director, said in the Commercial Section there was 1 error in paragraph two regarding vehicle parking. Staff wanted to point out the error and show what the real language should read. A clean version was in the handout that was distributed. MOTION by Councilmember Barnette to waive the second reading of the ordinance and adopt Ordinance No. 1265 and the Official Title and Summary ordinance and order publication. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Special Use Permit Request, SP #09-19, by Schmit Towing, to Allow a Towing Service Business in an M-1 Light Industrial Zoning District, Generally Located at 92 — 43rd Avenue N.E.; and Resolution Approving Special Use Permit, SP #09-19, for Schmit Towing, 92 — 43ra Avenue N.E. (Ward 3). Mayor Lund said he just wanted to make sure things were done in order. This makes it clear where towing should take place in Fridley. This was researched and staff defined ordinances and the process was done in a fair and professional manner. MOTION by Mayor Lund to approve Special Use Permit Request, SP #09-19, by Schmit Towing and adopt Resolution No. 2010-09. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 9. Preliminary Assessment Hearing for Street Rehabilitation Project No. ST2010-01. MOTION by Mayor Lund to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:55 P.M. COUNCILMEMBER BOLKCOM ARRIVED AT THE MEETING DURING THIS ITEM. Jim Kosluchar, Public Works Director, said the purpose of this preliminary assessment hearing is for the City Council to discuss this local improvement before ordering it done. The City Council will consider the information in the feasibility report and any other information necessary. Interested persons are invited to speak to the City Council about the project. Mr. Kosluchar said this is the fifth year under the City's major maintenance program for asphalt streets that have concrete curb and gutter. This program was developed to rehabilitate the deteriorated asphalt surface on a recurring schedule. The program targets pavements of a condition where pothole patching, crack sealing, and sealcoating are no longer sufficient to efficiently maintain a quality surface. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 7 Mr. Kosluchar said the poor condition rating of streets gives initiative to do a rehabilitation project. Factors used to establish the condition rating based on annual inspections include: surface wear, weathering, skid resistance, uniformity, crack size and condition and ride quality. Mr. Kosluchar said the existing street history shows that 27 of the local segments selected were surfaced between 1962 and 1988 and were last sealcoated in 2000-2001. A total of 30 street segments have been selected of which 20 will receive the 2" mill and overlay of asphalt surface and 10 will receive 2'/z" mill and overlay of asphalt surface due to weak road base. Minor underground utility repairs will precede the mill and overlay which is already underway. The approximate schedule to complete mill and overlay will be within four weeks of the start date. Construction time is estimated from mid May through August 2010. Three county road segments will also be worked on with this project; Rice Creek Road and sections of Mississippi Street from Highway 65 to Central Avenue and from Central Avenue to Stinson Boulevard. He said the tentative schedule for the project is as follows: Preliminary Assessment Hearing Utility Work Begins Open Bids for Repaving Begin Construction Complete Construction Public Hearing to set Special Assessment Assessments Begin February 2010 March 2010 March 2010 May 2010 August 2010 October 2010 January 2011 Mr. Kosluchar said property owners were sent a mailing on January 11 which included a notice of an open house that was held on January 19, 2010. The open house was attended by 73 people along with three Council members. The notice of the public hearing was mailed to affected properties on January 26, 2010. Mr. Kosluchar said at the open house, staff provided a 20-minute presentation and responded to questions on topics such as special assessments, access concerns during construction, project schedule, utility maintenance/drainage/curbing and refuse vehicles and their impacts. Eighty- five questionnaire responses have been received to date which is an impressive 20% response. Many telephone calls have been received by staff as well. Staff will consider comments provided in design. Public comment has been generally favorable and understanding of need for the project. Mr. Kosluchar said the estimated cost of the project is $855,000. Of that amount, $360,000 will be received from Anoka County/City of Fridley Municipal State Aid, $455,000 from special assessment to adjacent properties, $10,000 from the Water Utility Fund, $20,000 from the Sanitary Sewer Utility Fund and $10,000 from the Storm Water Utility Fund. Mr. Kosluchar said the benefiting Light-Density Residential (LDR) properties addressed on the street being rehabilitated are assessed. Corner lots are assessed on one side only. The assessment is based by dividing the total mill and overlay costs serving residential area by the number of residential properties. Multiple unit residential properties up to four units pay the lower of the commercial rate or the residential rate reduced by 50% for each unit over one. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 8 Mr. Kosluchar said non-LDR properties are other properties, including commercial, industrial, high-density residential etc. These properties will be assessed the frontage that is measured adjacent to the street and setback 35' from the property line. The non-LDR assessment is calculated by dividing the total cost by the length of property frontage to determine the cost per foot. The non-assessable property is covered by the City, not the property owners (TH47, City Park etc.) The estimated cost per centerline foot is determined to be approximately $40-60, depending on the street width. Each side of the street pays 50% of the cost per centerline foot to resurface the street, thus the estimated assessment is $20-30 per lineal foot. Mr. Kosluchar noted some of the unique property assessments include the A1 Amal School which is a commercial flag lot and is recommended to be assessed for its full width. 1626 Rice Creek Road is a residential lot abutting Woodside Court and is large enough to subdivide; one residential assessment. 5965 Oakwood Manor is a"sub-dividable" lot; two residential assessments will be applied and there are eight non-abutting properties on Riverview Terrace that access the street that are recommended for residential assessment. Mr. Kosluchar reviewed three payment options that may be taken for this project. Option 1 is a lump sum paid within 30 days of the final assessment hearing (after construction). In Option 2, the amount would be added to property taxes that are paid over 10 years with an interest rate to be determined (typically 6'/z to 7%). In Option 3, senior citizens meeting certain criteria may request to have the assessment deferred until the future sale of the property. Interest accrues until the property is sold. William Burns, City Manager, asked what residents should do if they want to redo their driveway or repair their sewer/utility services. Mr. Kosluchar said residents should contact staff right away if they were interested in that. Mayor Lund noted that Kerry Lane was resurfaced in 1994. He asked why that street had a shorter life span. Mr. Kosluchar said some individual investigation will be done in that area because they were surprised with the deterioration of that street. Layne Otteson, Assistant Public Works Director, said one of the causes of the deterioration is suspected to be more salting on that street because it has a steep slope. Mayor Lund asked what the policy was if the cause for the deterioration wasn't found right away and the price of the project goes up. Mr. Kosluchar said there is a 10% contingency built into the estimate. This street was paved 16 years ago and if staff can find a cause for early deterioration, a recommendation will be made to Council. That particular segment is the shortest segment of the entire project which makes it more affordable to the project as a whole. Councilmember Varichak asked how what the cost would be to inspect the private sewer lines. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 9 Mr. Kosluchar said televised inspections of sewer mains have been done and blockages have been identified. Letters were sent to 37 properties that showed severe blockage in their services. The City performs televised service inspections at no charge. Councilmember Varichak said she received a phone call from someone who had a question about newly resurfaced driveways and wanted to coordinate issues to make sure their new driveway was not ruined. Mr. Kosluchar said people should contact them with any questions they have about the project. Staff would rather find out about concerns now than after the project is designed. Dr. Burns clarified that the City will pay for the sanitary sewer service televised inspection at a property owner's request but any repair work to the service is the property owner's responsibility. Wayne Lindblad, 1421 Kerry Circle, said he had concrete curbs and the assessment was for those with asphalt curbs not concrete. He asked why he was getting assessed for curb if he already had a concrete curb. Mayor Lund said that this project is for mill and overlay, not reconstruction of the street, and a different policy applies. A layer of asphalt will be taken off and replaced with new asphalt. Each person will be assessed for the street. Mr. Kosluchar said the mill and overlay process is a preservation process. This way the City does not have to reconstruct the roadways as frequently. The roads will eventually deteriorate and resurfacing the streets will e�tend the life expectancy of the streets. Don Grant, 1620 Rice Creek Road, asked for clarification that he will not have to pay an assessment where he lives which is on a County road. Mayor Lund replied yes, that is true. The County pays for that street but it is a busier road. Mr. Grant asked why Fridley plowed County roads. Mr. Kosluchar said that Fridley has a maintenance agreement with Anoka County to swap the plowing of some streets. Mike Bensing, 1560 Ferndale Avenue NE, said the $1,500 assessment compared to the last assessment ($1,030) is a huge increase. Oil may be high today but it was high two years ago as well. Mr. Kosluchar said the City had fairly good timing with bids two years ago. There is a contingency built into the estimate and hopefully we will get competitive bids from contractors. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 10 John Heimerl, 6441 Riverview Terrace NE, said his taxes went up 11% last year and after adding on this assessment of $1,500 over 10 years the increase is about 15%. He asked why taxes went up so much from last year to this year. Mayor Lund said as the State tries to fix budget problems, the impact gets shifted to the locals. The largest percent of the increase more than likely comes from the schools. Mr. Heimerl asked if the City had thought about doing anything other than assessments to pay for projects such as these. Mayor Lund said that City reserves dare dwindling and it is impossible to retain reserves. If the City had huge reserves assessments would not have to happen. Councilmember Bolkcom asked how Fridley's taxes compared to surrounding communities. Dr. Burns said Fridley's taxes are among the lowest in the nine surrounding communities. For 2009, the local share of the property taxes went down and if taxes went up it could have to do with the school district. Richard Coleman, 188 River Edge Way NE, said he appreciated how the City runs things and complimented that they are doing a good job. He hopes the City works hard to make sure the bids come in low. He asked if the City could work to lower the interest rate for financing the assessment. Mayor Lund said a lot of interest rates are driven by the bonds we get. Cities have a bond grading system and when finances go down that lowers the bond grading. Dr. Burns added that the City tries to get payments as low as possible. Gregory and Pamela Nelson, 1624 Woodside Court NE, asked for clarification that the curbs would not be done this time. Mayor Lund said that is correct, this is just for mill and overlay, but curbing would be replaced in specific locations. Ms. Nelson asked if she needed to worry about her driveway. Dr. Burns said that sometimes the surface of the street changes as well as the height which may slightly affect the entry into driveway. Mr. Kosluchar said typically this is not an issue on this type of project, but Ms. Nelson should contact the Engineering Department to make sure her concerns are addressed. Maureen Collins, 1660 Kristin Court, was concerned about Kristin Court. She said it was a cul- de-sac and does not have much traffic but needs to be redone. She asked why this project is needed already, on a shorter timeline than other streets, and what has led to early deterioration. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 11 Mayor Lund asked Ms. Collins if she thought her street was in need of repair. Ms. Collins said she trusted the City's judgment but in comparison to other streets, this street was not that old. Mr. Kosluchar said that staff will be doing some investigation on that street to see why it deteriorated so quickly. Ms. Collins was concerned about the quality of fill on that street and if it was done properly when the area was developed. Mr. Kosluchar said there may be some uncommon soils in Fridley but usually you can expect 20 years out of a street. Earl and Patricia Hendricks, 1611 61st Avenue NE, asked when his street was last done. Mr. Kosluchar answered 1972. Mr. Hendricks said that he built his home in 1974 and it seems the street was done since he has built his home. He asked if streets should last 20 years. Mayor Lund said that seems to be the average. Mr. Coleman asked if there was a financing option other than the three-year payment. Mayor Lund said that the loan can be paid off at any time and there would be no penalty for early pay off. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:00 P.M. NEW BUSINESS: 10. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2010 Street Rehabilitation Project No. ST2010-01. MOTION by Councilmember Barnette to adopt Resolution No. 2010-12. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 12 11. Resolution to Vacate a Portion of a Utility and Drainage Easement Lying within the Vacated 76t'' Avenue NE, Generally Located at 480 Osborne Road (Vacation Request, SAV #10-01, by Premier FMC, LLC, on behalf of Fridley Medical Center) (Ward 1). Scott Hickok, Community Development Director, said the North Suburban Hospital District recently received preliminary plat approval for a new plat called Unity Addition. A 10' X 560.07' easement that remains was discovered as the final plat was being prepared. The easement once served as a residential plat with twelve lots called Osborne Manor 2nd Addition, Easement Vacation SAV 10-01. Mr. Hickok said 76th Avenue was vacated in 1988 and the easement could have been vacated at that time, but was not. In its existing location, the easement will run beneath the proposed Fridley Medical Center & Virginia Piper Cancer Center. This particular easement is not needed for the current project; however, other easements have been proposed and will be included in the new plat for the Medical Center/Cancer Center. Mr. Hickok said at the January 20, 2010, Planning Commission meeting, a public hearing was held for SAV #10-01. The Planning Commission unanimously recommended approval of the request. City staff recommends concurrence with the Planning Commission. MOTION by Councilmember Saefke to adopt Resolution No. 2010-13. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 12. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #1-01, by Tri-Land Properties, Inc., to Rezone Property from C-3, General Shopping, to Planned Unit Development Zoning, for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 57t'' Avenue N.E.) (Ward 3) MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 9:05 P.M. Scott Hickok, Community Development Director, said the petitioner, Glenn Johnson for Tri- Land Properties, Inc. is seeking to rezone the property from C-3, General Shopping to PUD, Planned Unit Development. The purpose of the rezoning is to allow for the redevelopment of the entire site to what the developer is calling The Fridley Market. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 13 Mr. Hickok said the redevelopment will allow for structural changes to the existing building, modernization of the existing building e�terior fa�ade, and construction of new retail buildings along the north and south sides of the property. The site will also undergo reconstruction of the parking lot and entrances to promote multi-modal access, and installation of new trees and additional landscaping. Mr. Hickok said that the Planned Unit Developments typically are intended to achieve the following: • Provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. • Encourage a more creative and efficient approach to the use of the land. • Encourage the preservation and enhancement of desirable site characteristics, natural features and open space. • Encourage a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Mr. Hickok said the 2030 Comprehensive Plan identifies the subject property to be within one of the "potential redevelopment areas." Approving this project through a PUD requires the petitioner to submit a"General Plan of Development" which consists of maps, including phasing components, descriptive statements of objectives, principals and standards used in the project. It also requires that any modification of the originally approved PUD, be reviewed before the Council which is similar to the process the City uses for master plan approval on an S-2, Redevelopment project. Mr. Hickok said that the redevelopment of this site accomplishes several of the goals identified in the Comprehensive Plan. Ways identified to accomplish those goals were to create a walkable downtown area, provide more retail opportunities, provide more restaurants, and maintain current tax base and encourage growth. Mr. Hickok said as part of the process to allow a rezoning to a PUD, it is very important to establish guidelines that dictate what type of quality development will occur on the site. Within those guidelines there are several elements that need to be discussed and agreed upon in the General Plan of Development, in order to lead the developer and the City into an approved PUD. The Guidelines becomes a critical part of a PUD because that along with the drawn plans illustrates what the development would essentially look like and what is and is not allowed. Mr. Hickok said staff suggested that the petitioner seek a potential rezoning to a PUD, instead of seeking variances to the standard C-3, General Shopping zoning district regulations. For example, the C-3 zoning code requires a front yard setback of 80 feet and a side yard setback on corner lots of 80 feet. Since the subject property has streets on all sides of it, code would require an 80 foot setback for buildings on all sides. Mr. Hickok said the placement of the new buildings, closer to the street, would not meet that setback requirement. Since the subject property is within the Northstar TOD district, staff would FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 14 prefer to see building brought closer to the street, to help create a downtown environment that provides a pedestrian scale to the retail area. Mr. Hickok said staff asked the petitioner to try to comply with the C-3, General Shopping code standards as much as possible, with the understanding that some of the requirements will not be able to be met. Mr. Hickok said the City Code requires that parking stalls in our commercial districts be 10 feet wide by 20 feet long if they are nose to nose stalls or 10 feet wide by 18 feet long if the stall abuts a curb. Over the years, the City has had many requests by other commercial, educational, and medical type uses to allow a smaller size. In some instances the City has allowed a reduction in the width of a stall for those parking stalls that have a low customer turnover. For example: employees at a medical clinic or students at a school. Mr. Hickok said the petitioner also completed a parking field analysis, demonstrating the difference between a 9 foot by 18 foot stall and a 10 foot by 20 foot stall. Based on the square footage of the new Cub Foods (65,177) and Retail A(10,500), which is one of the free-standing buildings on the north side of the building, 262 stalls would be constructed at a stall size of 9 feet by 18 feet. Increasing the size of the stall to a 10 foot by 20 foot stall would reduce the amount of stalls to 196, which is 66 less stalls. According to petitioner, the 9 foot by 18 foot stall is a necessity for them and for Cub Foods, in order to make the project work. Mr. Hickok said the petitioner is proposing to have two outdoor sales areas that will be used 10 to 12 weeks during the year. Cub Foods would primarily use this area for garden sales in the spring and early summer. The areas they have highlighted will be 36 feet by 93 feet (3,348 square feet) in size and will be designed using decorative pavers. The petitioner has created a "pergola" structure that will be installed during the 10 to 12 week sales period and will be removed and returned to parking stalls at the conclusion of the sales period. Mr. Hickok said there are other properties within the City that have special use permits for garden centers. Some examples of those are Bachman's, Home Depot, Wal-Mart, and Menards. In all those situations, the City required that the business construct a permanent structure attached to their building for their garden centers as opposed to a free-standing tent type garden center often seen in other communities. In lieu of constructing a permanent structure for garden sales, the petitioner and more importantly Cub Foods, is requesting to have the outdoor sales area within the parking lot. Mr. Hickok said instead of simply putting up a tent, the petitioner has designed a decorative paver area with a temporary pergola that will have cedar posts, and maintenance free fencing. Staff feels this solution is unlike what we have seen in other applications, but would consider it acceptable considering it is a PUD zoning, which allows flexibility when designing a project. Mr. Hickok said the petitioner is also proposing to construct a public gathering area with Phase 2A-2B. This area will have an arbor constructed within it, with seating and perimeter landscaping. This area has the potential of creating a nice environment for employees who work FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 15 on site or customers who shop on site. There is also a patio area planned for the east side of Retail A, which will provide an outdoor seating option for a potential restaurant. Mr. Hickok said any redevelopment within the Northstar TOD Redevelopment Area is expected to have clear connections for walkers and bikers, as well as vehicles. This site is only '/z mile from the Northstar train station and there is a bus stop at the corner of University Avenue and 57th Avenue. Staff has emphasized the importance of pedestrian connectivity to and throughout this site to the petitioner throughout our discussions. Mr. Hickok said a phasing plan needs to be provided to the City as a requirement of a PUD. When the new Cub Foods store is being redeveloped as part of Phase 2A, 50 feet by 297 feet of the front of the building will be removed to make the Cub Foods new entrance. The remaining 50 feet of the front of the building be removed within 1 year of the opening of the new Cub Foods. More detailed Phasing Plans will be required to be submitted with the General Plan for Development. Mr. Hickok said a traffic analysis was done and Westwood has stated that although the intersection at 57th Avenue and University Avenue currently operates at the LOS C, it will operate at the LOS D or worse after the redevelopment of this site. This level of service is based primarily on the northbound left turn movement at this intersection. Westwood recommends that the mitigation measure used to restore acceptable operations of this intersection is by optimization of the signal timing at the intersection. With this mitigation measure in place, the overall intersection LOS will improve to C. Staff has heard from MN/DOT and they are fine with modifying the signal timing. Mr. Hickok said at the January 20, 2010, Planning Commission meeting a public hearing was held for ZOA #10-01. They unanimously recommended approval with 31 stipulations. The recommendation included approval of the site plan submitted showing 9 feet by 18 feet parking stalls. Mr. Hickok said City staff recommends concurrence with the Planning Commission with an additional Stipulation No. 32: The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use of restaurant use with the drive-thru within Retail A and Retail B. Upon completion the petitioner shall provide revised traffic data to the City, County, and MnDOT for approvals. Staff feels this stipulation is important as it requires the petitioner to revise the traffic study to show the potential impacts of a restaurant use within Retail A and Retail B. Mr. Hickok said that Staff recommends that if the Rezoning is approved, the following stipulations be attached. 1. The property shall be developed in accordance to the General Plan for Development Agreement, which will include the architectural plans dated and the Architectural Design and Signage Guidelines dated .(This agreement shall be prepared by the petitioner and approved by staff prior to City Council review of the rezoning request.) FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 16 2. The General Plan for Development Agreement must include a three-year time limit to construction inactivity between phases until full build out of the site is complete as proposed. 3. The property shall be developed in accordance with the site plan SP.1 dated , which will incorporate the stipulations included herein and approved by staff. (Site plan shall be revised per City staff comments included in staff report prior to City Council review of the rezoning request.) 4. The building elevations and signage shall be constructed in accordance with architectural plans , dated .(Architectural elevations shall be modified to list every material to be used on each side of each of the building and architectural design and signage guidelines shall be modified per City staff's request prior to City Council review of the rezoning request.) 5. Phasing Plan shall be modified to show demolition of the entire 50 ft. on the front of the building to be completed, within one year of the opening of the Cub Foods store and the plan shall also be redone to show modification of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. 7. The proposed project and phasing shall meet all Building code, Fire code, and ADA requirements. 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant for building permit, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and fi�tures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock- wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57th Avenue. 14. All lighting shall be no more than 3 ft. candles at the property line. 15. Site Plan must be redrawn to relocate the outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sales area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the loss of parking or snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale area's use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 17 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sales areas. 20. No fertilizer shall be stored outside. 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Specific areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a specific stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 27. Applicant will have to provide a specific temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a specific utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require e�ternal grease traps approved by Engineering on respective sanitary sewer discharge lines. 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail B. Upon completion the petitioner shall provide revised traffic data to the City, County, and MnDOT for approvals. Mr. Hickok said the first phase will include construction of an addition to the east side of the existing building, which will house the Fridley Liquor Store as well as space for three, 1,200 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 18 square foot retail shops. Once the addition is completed, Phase 2A involves Cub Foods beginning construction on their new space. They will move their store to the east side of the building and will occupy 65,000 square feet of space, which is a smaller building footprint then what they currently occupy. Mr. Hickok said Cub Foods will remain open and in business within their existing space until their new space is ready to open. The existing building will actually be reduced approximately 21,000 sq. ft., which will be achieved by removal of a portion of the front of the building. Mr. Hickok said the second phase will include the construction of "Retail A", which is a 10,500 square foot building that is located on the north side of the site, just south of 57th Avenue. Phase 3A, includes removal of the front portion of the building for "Anchor A" as well as construction of a pedestrian connection from 57th Avenue to the main building. Phase 3B, includes the construction of another retail building on the north side of the site, to be 9,600 square feet in size. Phase 4 will allow for the development of the south side of the subject property with the construction of a 29,000 square foot building, proposed to be shared between two tenants. Reconstruction of the parking lot and installation of landscaping will take place throughout all the proposed phases. Mr. Hickok said Fridley City code requires that the shortest street frontage be considered the front yard. In this case, University Avenue would be considered the front yard. The petitioner proposes to construct a new 14,000 square foot addition to the east side of the existing building, which will be 35 feet from the front yard property line, therefore, not meeting the code required 80 foot setback. Mr. Hickok said because this property has street frontage on all sides, an 80 foot side yard setback is required per C-3 zoning regulations. The proposed Retail A building is 15 feet from side yard property line and the Retail B building is 30 feet from the side yard property line. As stated earlier, because this site is within our Northstar TOD, staff would like to see the buildings brought closer to the street, as proposed. This helps create the idea of a"walkable downtown", which adds to the existing streetscape along 57th Avenue, provides close connections for pedestrians and bicyclists and it will conceal parking to the opposite side of the building. Mr. Hickok said the City Code would require an 80 foot setback Proposed Anchor B is 72 feet from the side yard property line and Anchor C is 55 feet from the side yard property line. Street frontage on all sides of this property provides a great challenge when trying to consider full build-out of the site. Mr. Hickok said the petitioner's site plan shows as little as a 5 foot setback between the property line and the parking lot in locations along the south, east and north property line. City code requires a 20 foot parking setback from a public right-of-way to allow an adequate separation between uses, space for sidewalks, landscaping, screening and snow storage. City staff is concerned about the lack of green space on this site plan. Though the petitioner is meeting code requirements for the amount of trees required to be planted, staff feels there are parking stalls proposed that will never be used and would be better utilized as green space. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 19 Mr. Hickok said after receiving staff's report, the petitioner removed some of their parking stalls to add green space, because their previous site plan showed more parking stalls then code would require. As a result, they are proposing 754 stalls. This amount is less then what code would require by 21 stalls; however staff is comfortable because this is a PUD. The petitioner has submitted plans showing truck circulation on the site. Staff has determined that it is very important to have a one-way movement on the site that moves counter clock-wise around the main building. Trucks cannot stand and wait in the queuing area between University Avenue and the CVS entrance. Nor do we want customers on this site having to navigate around trucks from all directions. Councilmember Bolkcom expressed concerns about the narrower parking stalls and loading groceries. She asked if any other retail places have less than 10 foot stalls in our community. Mr. Hickok answered that there have been requests for 9 foot stalls but Council has been steadfast with the 10' stall. Councilmember Bolkcom said other businesses may want to re-stripe their parking lots if this is allowed. She is in favor of the site but feels they are giving up a lot and wants to make sure what they are getting in return is a fair trade. She asked how staff felt about the 9 foot stalls. Mr. Hickok replied that the City has had a position on 10 foot stalls for a long time and one thing that helped to go to 9 foot stalls were the adjustments. This helps set this development off from the others. A national study on retail that shows that even 8'/z foot stalls are very common in retail centers but 9 foot by 18 foot seems to be the modern standard. According to the national study, it seems the trend is the 9 foot stall. Councilmember Bolkcom asked what surrounding cities had for parking stall widths and if there was a difference between grocery and retail. Mr. Hickok said that 9 foot stalls are very common and some of the larger shopping areas in recent past, like Rosedale, have 8-8 '/z foot dimensions. The New Brighton Cub Foods has smaller lot dimensions and Mounds View recently redid a shopping mall with smaller stalls. Councilmember Bolkcom asked about the traffic counts and what the increase would be in traffic for this new development. Mr. Hickok said the square foot dimensions stayed about the same and they are just reshaping the square footage so the numbers would probably remain about the same. Councilmember Bolkcom said most traffic would be turning and going north on University and asked if that was similar to the current traffic pattern. Mr. Hickok answered not necessarily but in the north area, there will be a cuing issue and stacking vehicles could be a problem during specific times. Traffic will be moving to the west and to the south. There is ample opportunity to make those things happen and staff is comfortable with the traffic study that was done. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 20 Councilmember Bolkcom asked if there has been any comment from the county. Mr. Hickok said not to date, and staff has had regular contact with County. Councilmember Bolkcom asked if staff thinks the County will ask for 57th to be widened. Mr. Hickok said that staff will rely on the experts as the petitioners have hired someone to do a traffic analysis. Councilmember Bolkcom asked about the garden sales and how many parking stalls would be lost. Mr. Hickok answered 18 stalls would be lost from Cub Foods and 18 stalls from another anchor if they wanted outside sales. The outside sales area would be designed with cups in the asphalt to support a pergola structure if a tenant wanted to use the space. Fridley typically has not had sales in the parking lot and if this were a typical set up, staff would not recommend approval. This will be designed to look like a permanent set up but the structure can be taken down. Councilmember Bolkcom said Council has been so adamant with others who want to sell in the parking lot and has concerns approving this for Cub Foods. Mr. Hickok said for Cub Foods, garden sales is essential for the retail mix. Cub Foods is not able to advertise independently and this is an important piece. There is an opportunity to have garden sales outside. Councilmember Bolkcom recalled that Home Depot wanted a permanent structure to put outside and the request was denied. She asked if the Planned Unit Development makes it different and able to do these things. Fritz Knaak, City Attorney, said essentially what Council is doing is developing a case of uniqueness. The package or things involved as part of the parcel are the trade-offs that make this unique. If another retailer or competitor came and wanted parking lot sales they would have to develop a PUD. Councilmember Bolkcom asked why the garden center could not be part of the building. Mr. Hickok said there is limited availability if they build according to C3 standard as certain things are spelled out in the City Code. When talking about a PUD and the trade-offs it may not seem like it is worth it but if you look at it from an architecture and landscaping aspect, it is worthwhile to look at it as an entire package. Tim Keane, Malkerson Gunn Martin LLP for Tri-Land Properties, said they have been working since October on this project and are highly invested in the project. They are happy for the opportunity to bring this forward to Council. This is a unique site, located in a highly visible area with traffic opportunities. The area is highly visible from all sides but also has restraints as there is no room to grow on this site. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 21 Hugh Robinson, Executive Vice President of Tri-Land Properties, said they have been in business for 32 years in seven states. They have owned The Fridley Market Shopping Center since late 2006 with the goal in mind to redevelop. Tri-Land Properties believes they have developed a package that should be appealing to the City of Fridley and have a basic agreement with Cub. As it relates with the parking, a 9 x 18 stall is a commonly used dimension and by increasing the stall size it would eliminate 66 stalls, taking it below what Cub is willing to accept. Parking is less heavily used in the summer so Cub can afford giving parking stalls to plant sales. Plant sales are a very big part of the business. Councilmember Bolkcom asked what the dimensions were of the other redevelopment grocery store parking stalls. Mr. Robinson said the redesigns have been 9 x 18 feet. Mayor Lund said so many times the Cub parking lot is not at capacity. He asked if larger stalls would be better. Mr. Robinson said generally there should be five stalls per 1,000 square feet. If the parking is too full shoppers will not come to the store. He said they do not want the parking lot to be too constrained because that makes it less inviting. Councilmember Bolkcom asked about the traffic issues and what would be the anticipated level of traffic. Nick Erpedling, Westwood Professional Services, said with respect to the parking stall size issue, a study was done by the Urban Land Institute. The conclusion after the study was that for retail land uses a stall of 9 foot was recommended. Another study was done in December regarding the overall increase in square footage of the redevelopment and the study analyzed all the ways that traffic may increase in the redevelopment. It is estimated around 200 vehicles would be entering above the existing traffic volumes on the road. The traffic study looked at all five intersections and found through analysis the critical point was at University. Only minor modifications to traffic signal timing at 57th Avenue and University will be necessary to mitigate the increased traffic from the increased size of the project. Councilmember Bolkcom asked what the total volume of traffic would be. Mr. Erpedling said there would be about 200 cars entering at the busiest hour in the afternoon. Councilmember Bolkcom asked for clarification that by changing the traffic signal it will stay at a level C because there would only be 200 more cars. Mr. Erpedling said the critical movement is the north bound left turn lane. The study showed that if it is given more green time, it allows the intersection to operate at same level of service. Councilmember Bolkcom said she has a hard time with the garden sales because so many other businesses have asked for parking lot sales and they had to settle for enclosed garden sales. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 22 Mr. Robinson said they have looked for other alternatives but it would be a major challenge to make the garden center adjacent to building or inside. There is not a natural location for a garden center in the shopping center. The only place viable is in the parking lot. We are trying to address the City's concern. This will be an attractive contained location that is set apart from the store. Cub is making a major investment to present the merchandising mix. Councilmember Bolkcom asked if there would be Christmas tree sales in the lot. Mr. Robinson said no. Mayor Lund asked if the outside sales area would have a sales person and cash register. Mr. Robinson said yes, there will be a water line, electrical and security cameras. Cub Foods operates 24 hours but the garden center would not. Councilmember Varichak said this is a unique situation and asked what would happen if other Cub Foods stores saw this garden center and wanted that type instead of the hoop houses. Mr. Robinson said that they do not get complaints about the hoop houses. It is the merchandise that catches people's eyes. Dr. Burns asked what market analysis was done to show that Fridley will attract 10 users in this redevelopment. Mr. Keane said what retailers will like is the visibility and accessibility. At one time Gander Mountain operated in there very successfully. Traffic will be generated by a redeveloped contemporary sized Cub Foods that will have a lot of appeal to the smaller retailers. Cub attracts a lot of retailers and this location will be attractive to others. Dr. Burns asked what kind of retailers they were hoping for. Mr. Keane said maybe an office supply store, electronics, or sporting goods; there are a lot options. Councilmember Barnette asked if there was any discussion in the Comprehensive Plan and the possibility of a bridge from 57th to the Lamaur site to enhance the area even more. Mr. Hickok said there has been discussion early on and that is where we looked at their wishes and hopes and matched them with the Comprehensive Plan. Mayor Lund asked about the three entrances that exist on 57th Avenue and if they could access it on Main Street. Mr. Hickok said that there is an issue for access off of Main because of grade elevation. Mayor Lund asked how trucks would go in and out of the establishment. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 23 Mr. Hickok said the trucks would turn around south and have the opportunity to come in on the west side and use docks on the west side of the building. The preference was to allow access on those two locations but it is better for trucks to move all in one direction. Mayor Lund said as a consumer, he would like to see larger parking spots and thought there could be a compromise. He also asked what the back of the building would look like. Glen Johnson, Tri-Land Properties, said there would be an architectural finish all the way around. Mayor Lund asked where the snow would be placed for snow removal. Mr. Johnson said a contractor handles the plowing and landscaping. Plowing sites are already developed as to how to plow and store snow. Equipment would be stored on site at all times. Mayor Lund asked what the consideration was for runoff. Mr. Hickok said there is consideration given to storm water treatment on this site and that will amount to the management and engineering of it. The site is largely impervious right now. Staff is comfortable with the current design solution. Jim Kosluchar, Public Works Director, said a number of storm sewers will be installed and the last phase will require some underground storage requirements. Councilmember Bolkcom asked if any public comments have been received on this development. Mr. Hickok said none other than positive comments by email. Dr. Burns said that the Holiday Station Manager raised some concerns at the Planning Commission Meeting. Councilmember Bolkcom asked what would be considered inactivity. If it's 2015 and Retail A and B is not built, would that be considered inactivity. Mr. Hickok said yes, it could be called back to see if the plan would need to be modified at that time. Council will be approving the master plan but if that is modified, they would need to come back to have it evaluated. Councilmember Bolkcom said she was aware that no fertilizer will be sold outside but asked about the plant watering and fertilizer outside and where the runoff would go. Mr. Hickok said there is cause for question and concern about the runoff that may happen and the area will be looked over by the Public Works Department. Councilmember Bolkcom asked if the dates would be e�tended at all. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 24 Mr. Hickok said the first reading would be beyond the February 15, si�ty-day rule. Mayor Lund asked if the petitioner had any problems with the 32 stipulations. Mr. Keane said they had no problems with the stipulations. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 11:20 P.M. MOTION by Councilmember Bolkcom to table the consideration of this item in order to ascertain the necessary information to fully examine and study the request, and to e�tend the review period for City Council action an additional 60 days, and to notify the petitioner in writing of the 60-day extension as soon as possible. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Report. Councilmember Saefke attended Winterfest and said it was an excellent event. He congratulated everyone on a job well done. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 11:30 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor