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06/22/2009 - 4545� � �ffY �F FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: Parks & Recreation Month — July, 2009 LEGISLATIVE UPDATE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of June 8, 2009 NEW BUSINESS: 1. Approve Reappointment to Housing and Redevelopment Authority ...................................................................................... 1 2. Claims 3. Licenses ............................................................................................................. 2 ............................................................................................................. 3 - 4 FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 2 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 4. Consideration of a 3.2% Malt Liquor License Application and a Wine License Application for Joginder Cheema of India Express, Inc., d/b/a India House, Located at 765 — 53rd Avenue N. E. (Ward 1) ........................................................................................................ 5- 6 5. Consideration of an On-Sale Intoxicating Liquor License Application for James A. Nicklow, Shorewood, Inc., d/b/a Shorewood Restaurant, Located at 6161 Highway 65 N.E . ......................................................................... 7- 8 OLD BUSINESS: 6. Second Reading an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA#09-01, by Premier Central 65 Partners, to Rezone from M-2, Heavy Industrial, to R-3, General Multiple Units, Generally Located at 7011 University Avenue N. E. )(Ward 1) .......................................................................................... 9- 22 NEW BUSINESS: 7. Preliminary Plat Request, P.S. #09-02, by Premier Central 65 Partners, to Allow the Creation of Two Lots from One Lot, Generally Located at 7011 University Avenue N.E. (Ward 1) ................................................................................................................ 23 - 24 FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 2009 PAGE 3 NEW BUSINESS (CONTINUED): 8. Special Use Permit Request, SP #09-03, by Premier Central 65 Partners, to Allow the Construction of a Medical Clinic on the South Half of the Subject Property Within an R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E. (Ward 1) ............................................................................................................... 9. Special Use Permit Request, SP #09-04, by Premier Central 65 Partners, to Allow the Construction of an Independent Living, Memory Care and Nursing Home Facility on the North Half of the Subject Property, Within an R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E. 25-26 Ward1) ................................................................................................................ 27 - 28 10. Establish a Public Hearing for July 13, 2009, to Consider a Proposed Amendment to Chapter 7 of the Fridley City Charter ............................................................................................... 29 - 30 11. First Reading of an Ordinance Amending Chapter 101, Animal Control, of the Fridley City Code Pertaining to Prohibition of Waterfowl Feeding ...................................................................... 31 - 33 12. Informal Status Report .......................................................................................... 34 ADJOURN. c� � _� . _�,��_�.� _�.� Parks � Recreation �ontli July, �ooq WHEREAS, parks, recreation activities, and leisure experiences provide opportunities for young people to live, gr�ow, and develop into contributing members of society; and WHEREAS, parks and recreation create lifelines and continued life experiences for older members of our community; and WHEREAS, parks and recreation generate opportunities for people to come together and experience a sense of community through fun recreational pursuits; and WHEREAS, parks and recreation agencies provide outlets for physical activities, socialization, and stress-reducing experiences; and WHEREAS, parks, playgr�ounds, nature trails, open spaces, community and cultural centers, and historic sites make a community attractive and a desirable place to live, work, play, and visit, thus contributing to our ongoing economic vitality; and WHEREAS, parks, gr�eemvays, and open spaces provide a welcome respite from our fast paced, high-tech lifestyles while protecting and preserving the natural environment quality of our community, NOW THEREFORE, I, Scott J. Lund, Mayor of the City of Fridley do hereby proclaim the month of July, 2009 to be Parks �3 Recreation �ionth in the City of Fridley, Minnesota, and call upon all Fridley residents to celebrate by participating in their choice of recreational activities to find enjoyment from their leisure. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 22nd day of June, 2009. Scott J. Lund, Mayor CITY OF COUNCIL MEETING CITY OF FRIDLEY JUNE 8, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:29 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Saefke Councilmember Varichak Councilmember Bolkcom MEMBER ABSENT: Councilmember-at-Large Barnette OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney James Kosluchar, Public Works Director Scott Hickock, Community Development Director PRESENTATION: Fridley `49er Royalty RECOGNITION: Mayor Lund recognized a$25,000 donation to the City by William Berry. Mr. Berry asked that a memorial be created for his wife. A memorial garden is being created at the west edge of the existing parking lot of the Springbrook Nature Center. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 18, 2009. APPROVED. NEW BUSINESS: 1. Variance Request, VAR #09-01, by Harold Voth, HDR Engineering, Inc., on behalf of Minneapolis Water Works, to Reduce the Front Yard Setback from 35 Feet to 13 Feet to Allow the Construction of a Dewatering Plant Improvement Project, Generally Located at 4300 Marshall Street N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 2 William Burns, City Manager, stated the variance will allow them to construct two new clarifiers. There are already existing sub-storage tanks that are within 13 feet of the Marshall Street right-of-way. The Appeals Commission voted unanimously to approve the request at their May 27 meeting. Staff recommends Council's approval. APPROVED. 2. Variance Extension Request, VAR #09-02, by John and Caroline Krack, to Reduce the Rear Yard Setback from 25 Feet to 18 Feet 9 Inches to Allow the Construction of a 20 Foot by 23 Foot Living Addition Off the Back of the Existing Home, Generally Located at 7629 Lakeside Road N.E. (Ward 2). William Burns, City Manager, stated the original variance was approved on June 11, 2008. It allowed a reduction of a rear yard setback from 25 feet to 18 feet 9 inches for the construction of a 20 foot by 23 foot living area. It was postponed until this summer. Staff recommends Council's approval of a one-year extension of the variance. The variance would expire on June 10, 2010. APPROVED. 3. Approve Agreement for Residential Recycling Program between the City of Fridley and the County of Anoka. William Burns, City Manager, stated the agreement enables the City to receive $65,970 in SCORE money to offset some of the costs of our residential recycling program. The terms of the agreement are basically the same as in preceding years. The agreement can be terminated by either party with seven days written notice. Staff recommends Council's approval. APPROVED. 4. Approve Change Order No. 1 for the 85t'' Avenue Trail Project No. ST2007-4. William Burns, City Manager, stated the total cost of the change order is $5,125. The costs included $385 for traffic control at the railroad tracks while they installed a cement platform between the tracks and $4,740 for additional erosion control work when they found soggier than expected soils. The change order increases the project costs to $777,378.70. Staff recommends Council's approval. APPROVED. 5. Resolution Authorizing Adoption and Execution of a Mutual Aid Agreement between the Minnesota Department of Natural Resources and the City of Fridley Fire Department. 2 FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 3 William Burns, City Manager, stated the agreement applies to wildland fires and structure fires related to wildland fires. The main incentive for becoming involved in this agreement is to ensure we will be reimbursed when we are called by the DNR to places like the Carlos Avery Wildlife Management Area to assist in fighting wildland fires. The agreement also ensures that we will be assisted by the DNR in handling our own wildland fires. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-23. 6. Resolution Authorization Adoption of Anoka County Mutual Aid Agreement for the Use of Fire Department Personnel and Equipment Between Municipalities in Anoka County. William Burns, City Manager, stated this is an ongoing mutual aid agreement that was last upgraded in 1994. It provides the terms and conditions for fire department mutual aid among Anoka County cities. There have been no significant changes in this agreement since it was last approved by Council. One thing that is changing is it gives the fire chiefs a little more leeway or latitude in sending equipment. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-24. 7. Claims (141808-142082). APPROVED. 8. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 9. Estimates. Newquist & Herrick Law Offices, P.C. 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Contract Retainer for June, 2009 Including Expenses ........................................$ 24,397.50 Classic Protective Coatings N7670 State Highway 25 Menomonie, WI 54751 Water Tower #2 Rehabilitation Project No. 378 FINAL ESTIMATE .....................................$ 11,494.00 FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 4 Shank Contractors, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Improvements Proj ect No. 379 Estimate No. 6 ................................................$ 28,683.39 Colt Construction Services, LLC 285 Forest Grove Drive, Suite 126 Pewaukee, WI 53072 85th Avenue Trail Proj ect No. ST. 2007-4 Estimate No. 4 ................................................$ 40,271.34 Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 Miscellaneous Concrete Repair Project No. 384 Estimate No. 2 ................................................$ 30,996.79 Hardrives, Inc. 1475 Quiram Drive Rogers, MN 55374-9461 2009 Street Rehabilitation Proj ect No. ST2009-01 Estimate No. 2 ................................................$247,405.00 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Varichak to approve the proposed consent agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 0 FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 5 OPEN FORUM: No one from the audience spoke. NEW BUSINESS: 10. First 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 #09- O1, by Premier Central 65 Partners, to Rezone from M-2, Heavy Industrial, to R-3, General Multiple Units, Generally Located at 7011 University Avenue N.E.) (Ward 1). Scott Hickok, Community Development Director, said this is the first reading of an ordinance that would rezone the property for the Columbia Arena site from M-2, Heavy Industrial, to R-3, Multi-Family Residential. This will be a 176-unit residential complex ranging from independent living to nursing care. Also, on the site will be a clinic that will be two stories and 50,000 square feet with brick, glass, and a stucco-like exterior. Mr. Hickok stated the action tonight is the first of four that will be required, and actually five if you look at the second reading of the ordinance. Rezoning needs to happen technically before the two special use permits and the plat are reviewed. Those will happen at the next meeting. The special use permits for the senior complex and the clinic and the plat will have to technically happen after the rezoning occurs. The rezoning takes two readings. Those items will be on the June 22 agenda. Staff recommends approval of the first reading of this ordinance. Councilmember Bolkcom asked whether all the issues related to parking, easements, the soccer field, and the fire training facility have been worked out. Mr. Hickok stated the design elements for the entrance to the training center have been worked out. Staff has reviewed the layout for trails and they are acceptable. There will be a development agreement for Council to review. Councilmember Bolkcom asked when that would take place. Mr. Hickok replied after the second reading. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Approve Memorandum of Understanding for the Reconstruction of County Road 132 (85t'' Avenue) from 1,450 Feet West of Springbrook Drive to TH 47 in the Cities of Blaine, Coon Rapids, and Fridley. FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 6 James Kosluchar, Public Works Director, stated Anoka County obtained federal highway safety improvement funding for this project. They intend to add left turn lanes on the eastbound and westbound directions. As part of that construction, they will be widening the roadway, reconfiguring the approach lanes from the north and south, and installing a new signal at the intersection. They will also be doing some storm water improvements. Mr. Kosluchar stated the cities of Blaine, Coon Rapids and Fridley have been asked to participate in this project by Anoka County. Staff is requesting that Council approve this Memorandum of Understanding which assigns the responsibilities for the reconstruction project. We are trying to set this in place so the County can continue with the project. It will also establish a guide as far as our participation. The City of Fridley's share of the $1.5 million project is about $132,200. Since the County is receiving federal funds, our participation may be much less. Staff recommends Council's approval. Councilmember Bolkcom asked if this would improve the traffic signal by Slumberland and Payless Shoes so there will actually be turn lanes. Mr. Kosluchar replied, yes. Councilmember Bolkcom asked if there will be a right-hand turn lane into the Nature Center. Mr. Kosluchar replied, no. Councilmember Bolkcom asked if it will affect our bikeway/walkway. Mr. Kosluchar replied, we provided them with our plans. There will be some minor changes because they need to connect it this year but they are talking about 20 feet outside of the intersection. Just the approach is being realigned and repaved. We cannot adjust the crossing this year if we are going to have the trail open. When they move the signal south, then the crossing is going to move to the south. So those approaches will have to be relocated. Mayor Lund stated although he thinks it is necessary to do this intersection, he is a little disappointed that the County is not going to retrofit the entire road over to East River Road and widen it. He asked if expansion had ever been discussed with the County. Going into Springbrook Nature Center is an accident waiting to happen. It is a very busy and fast road. Mr. Kosluchar replied he had a discussion with the County prior to the 85th Avenue trail project being re-initiated. They did not have it scheduled. It was not in their five-year plan. He thinks part of it may be the funding source. The federal funds were available for safety improvements that meet certain criteria. Mayor Lund asked whether this project got moved up in the priority level because of the stimulus money. Mr. Kosluchar replied he knows it is not stimulus related. They started talking about this intersection about a year ago. � FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 7 Mayor Lund said he thought it was stimulus money that was going to substantially reduce our share costs. Mr. Kosluchar replied it is federal safety improvement dollars, and Anoka County applied for those dollars on this project. Councilmember Bolkcom stated maybe they can show them some safety issues. Mayor Lund requested Dr. Burns and Mr. Kosluchar to voice his concerns that the whole road needs to be improved. Mr. Kosluchar replied, he will do that. Councilmember Bolkcom asked if it is over the estimated $150,000, it would come back to them because that is what is in the budget now. Mr. Kosluchar replied, that is correct. MOTION by Councilmember Bolkcom to approve the Memorandum of Understanding for the Reconstruction of County Road 132 (85th Avenue) from 1450 Feet West of Springbrook Drive to TH 47 in the Cities of Blaine, Coon Rapids, and Fridley. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports Mayor Lund encouraged people to support Fridley `49er Days. ADJOURN. MOTION by Councilmember Varichak, seconded by Councilmember Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:03 P.M. Respectfully submitted by, Denise M. Johnson Recording Secretary 7 Scott J. Lund Mayor � � �ffY �F FRIDLEY Name AGENDA ITEM CITY COUNCIL MEETING OF JUNE 22, 2009 COMMISSION REAPPOINTMENT Commission Term Expires Lawrence Commers Housing & Redevelopment Authority June 9, 2014 � AGENDA ITEM � COUNCIL MEETING OF JUNE 22, 2009 � �F CLAI MS FRIDLEY CLAIMS 1420�5 - 142269 � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 22, 2009 ��F LICENSES FRIDLEY TYPE OF LICENSE: ' APPLICANT: ' APPROVED BY:' Street Vendin Carmen G. Jimenez Cit Clerk (Ice cream sales in residential Public Safety neighborhoods only.) Parks Director Tree Removal and Treatment S& S Tree Specialists Public Safety Steve Sylvester Public Works Superintendent Tree Removal and Treatment Gosiak Tree Service Public Safety 7ohn Gosiak Public Works Superintendent Food, Tobacco and Retail Gas Stop N Save Community Development Abdu Syed Public Safety Fire Department � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 22, 2009 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Cente oint Ener Gas JoAnn Zinken Ron Julkowski, CBO Crosstown Si n Inc Si n Erector Bets Wein artner Ron Julkowski, CBO Demars Si ns Si n Erector Dennis DeMars Ron Julkowski, CBO Fireside Hearth & Home Gas Ben En lund Ron Julkowski, CBO Install This Sign & Awning Sign Erector Shirley Juell Ron Julkowski, CBO Larson Plumbin Inc Heatin James Larson Ron Julkowski, CBO M& D Plumbin & Heatin Inc Heatin Mike Daleiden Ron Julkowski, CBO Maertens-Brenn Construction Co Commercial or S ecialt John Hoffinan Ron Julkowski, CBO Master Mechanical Inc Heatin David Schultz Ron Julkowski, CBO Master Mobile Home Service Heatin Bar Fassett Ron Julkowski, CBO Stock Roofin Com an LLC Roofin Lori Kraemer Ron Julkowski, CBO South Town Refri eration Heatin Dan Anderson Ron Julkowski, CBO � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF June 22, 2009 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk June 18, 2009 Public Hearing for 3.2% Malt Liquor and Wine License Applications for Joginder Cheema of India Express Inc dba India House , located at 765 53rd Avenue NE, Fridley, MN Joginder Cheema has applied for a 3.2% malt liquor license and a wine license to operate a business known as India Express Inc dba India House located at 765 53rd Avenue NE. Section 603.07 of the Fridley City Code requires a public hearing be held to consider the approval of an on-sale intoxicating liquor license. The City Code also requires that the license cannot be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on June 11, 2009, with the ten-day advance notice requirement. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. Mr. Joginder has no criminal history or character issues which would make him ineligible to hold the license. A wine license requires a minimum seating capacity of 50 persons. The India House has a seating capacity for 96 persons. Staff recommends holding a public hearing for a 3.2% malt liquor license and a wine license. CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Notice) Notice is hereby given that the Fridley City Council will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, June 22, 2009, at 7:30 p.m. on the question of issuing an on-sale 3.2% Malt Liquor and Wine License to Joginder Cheema of India Express Inc dba India House located at 765 53rd Avenue NE, Fridley, Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than June 17, 2009. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: June 11, 2009 in the Fridley Sun Focus � � �ffY �F FRIDLEY To From AGENDA ITEM CITY COUNCIL MEETING OF June 22, 2009 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk Date: June 18, 2009 Re: Public Hearing for On-Sale Intoxicating Liquor License Application for James A. Nicklow, Shorewood Inc., dba Shorewood Restaurant in Fridley, located at 6161 Highway 65 NE, Fridley, MN James E. Nicklow has applied for an on-sale intoxicating liquor license to re-open Shorewood Restaurant in Fridley located at 6161 Highway 65 NE, Fridley, Minnesota, 55432. Section 603.07 of the Fridley City Code requires a public hearing be held to consider the approval of an on-sale intoxicating liquor license. The City Code also requires that the license can not be approved during the same meeting. The Notice of Public Hearing, Attachment A, was published in the Fridley Sun Focus on June 11, 2009, with the ten day advance notice requirement. The Police Department has conducted a background investigation and has found no reason to deny the application at this time. Mr. Nicklow has no criminal history or character issues which would make him ineligible to hold the license. Mr. Nicklow has been working with Anoka County and city staff to clean-up and make major renovations to the restaurant. Staff recommends holding a public hearing for an intoxicating liquor license. CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL (Legal Notice) Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on Monday, June 22, 2009, at 730 p.m. on the question of issuing an on-sale Intoxicating Liquor License to James Nicklow for The Shorewood Inc., dba Shorewood Restaurant in Fridley located at 6161 Highway 65, Fridley, Minnesota. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than June 17, 2009. Anyone having an interest in this matter should make their interest known at this public hearing. /s/ Debra A. Skogen, City Clerk Published: June 11, 2009 in the Fridley SunFocus � � CffY OF FRIaLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 22, 2009 Date: June 17, 2009 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Second Reading of Rezoning Request, ZOA #09-01, Premier Central 65 Partners LLC INTRODUCTION Jim Wnkels of Amcon Construction, on behalf of the petitioner, Premier Central 65 Partners, is requesting a Rezoning, ZOA #09-01. The current zoning of the subject property is M-2, Heavy Industrial. The petitioner is seeking to rezone the property to R-3, Multi-Family. PAST COUNCIL ACTION At the June 8, 2009, City Council meeting, the first reading of the ordinance for rezoning, ZOA #09-01, was held. At the May 18, 2009, City Council meeting, a public hearing was held for ZOA #09-01. PLANNING COMMISSION RECOMMENDATION � At the May 6, 2009, Planning Commission meeting, a public hearing � was held for ZOA #09-01. After receiving public comment and a � brief discussion, the Planning Commission recommended approval � of rezoning request, ZOA #09-01. THE MOTION CARRIED UNAMIOUSLY. ri�? ,YFTHT'� sA � �f . � PLANNING STAFF RECOMMNEDATION City Staff recommends the Council hold the second and final reading of an ordinance for the approval of the Rezoning, ZOA #09-01. ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 7011 University Avenue NE The Southeast Quarter of the Southwest Quarter EXCEPT the East 600 feet thereof, EXCEPT the South 400 feet thereof AND EXCEPT the North 50 feet lying west of the East 150 feet thereof, Section 11, Township 30 North, Range 24 West. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-2 (Heavy Industrial) to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22nd DAY OF JUNE, 2009. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: May 18, 2009 First Reading: June 8, 2009 Second Reading: June 22, 2009 Publication: City of Fridley Land Use Application ZOA #09-01, PS #09-02, SP #09-03 & SP #09-04 May 1, 2009 GENERAL INFORMATION Applicant: Premier Central 65 Partners Jim Wnkels — Amcon Construction 1715 Yankee Doodle Road, Suite 200 Eagan MN 55121 Requested Action: Rezoning from M-2 to R-3 Replat one lot into 2 lots Special Use Permit to allow a medical clinic Special Use Permit to allow a senior living facility Location: 7011 University Avenue Existing Zoning: M-2, Heavy Industrial Size: 615,502 sq. ft. 14.13 acres Existing Land Use: Vacant ice arena Surrounding Land Use & Zoning: N: Industrial Building (MN Rail) & M-2 E: City's Fire training facility & PW Garage & P S: City Park & P W: University Avenue & ROW Comprehensive Plan Conformance: Future Land Use Map in the current Comprehensive Plan designated this area as Public. The proposed Comprehensive Plan designates this area as Redevelopment. Zoning History: • Lot has not be platted. 1968 — Arena constructed. • 1974 — Variance approved to reduce the rear yard setback to 13 ft. to allow an addition. • 1975 — Addition to the building. • Several interior modifications have been made to the building over the years. Legal Description of Property: The southeast quarter of the southwest quarter except the East 600 feet thereof, Except the South 400 feet, thereof, and Except the North 50 feet lying west of the East 150 feet thereof, Section 11, Township 30 North, range 24 West. SUMMARY OF REQUEST SPECIAL INFORMATION The petitioner, Premier Central 65 Partners is seeking four land use items to allow for the redevelopment of the Columbia Arena site, located at 7011 University Avenue. 1. A rezoning is being requested from M-2, Heavy Industrial to R-3, Multi-Family. 2. A Preliminary Plat is being requested to allow the creation of two lots from one lot. 3. A Special Use Permit is being requested to allow the construction of a medical clinic on the south half of the subject property within an R-3, Multi-Family zoning district. 4. A Special Use Permit is being requested to allow the construction of an independent living, memory care, and nursing home facility on the north half of the subject property within an R-3, Multi- Family zoning district. SU M MARY OF ANALYSIS City Staff recommends approval of the rezoning, preliminary plat and special use permits requests, with stipulations. • Proposed rezoning meets the goals highlighted in the 2030 Comprehensive Plan • Proposed plat meets minimum lot size requirements. • Provides housing opportunities for Fridley seniors. • Provides additional job opportunities. • Provides additional health service opportunities within the City. Council Action / 60 Day Date City Council — May 18, 2009 60 Day Date — June 1, 2009 60 Day Extension Date — July 31, 2009 Staff Report Prepared by: Stacy Stromberg ZOA #09-01, PS#09-02, SP #09-03 & SP #09-04 OVERVIEW The requests: Jim Wnkels of Amcon Construction, on behalf of the petitioner, Premier Central 65 Partners, seeking four separate land use actions from the City of Fridley, which will allow for the redevelopment of the Columbia Arena site, which is located at 7011 University Avenue. 1. The first land use action being requested is a Rezoning, ZOA #09-01. The current zoning of the subject property is M-2, Heavy Industrial. The petitioner is seeking to rezone the property to R-3, Multi-Family. 2. The second land use action requested is a Plat, PS #09-02. � � Currently, the site is one large, 14 acre parcel. The petitioner is ; seeking to subdivide the lot into 2 parcels. The northern parcel r will be 7.65 acres and the southern parcel will be 6.48 acres after the replat. 3. The third land use action being requested is a Special Use Permit, SP #09-03 to allow for the construction of a 50,000 sq. ft. medical clinic on the southern lot. 4. The fourth land use action requested is Special Use Permit, SP 'u #09-04 to allow the construction of a senior living facility on the � northern lot. Both a medical clinic and a senior living facility are {fi a permitted special use permit in an R-3, Multi-Family zoning � district. is ..... ..._ r�a.-.il��'�C� � — �� v� Each of these requests will individually be examined in this report and will require separate actions. Proposed Project: Premier Properties, is proposing to construct a three story (over enclosed garage) senior living complex. As the developer describes their proposal they state: The proposed development consists of 176 total residential dwelling units for senior citizens, divided as follows: 35 skilled nursing care beds, 10 care suite beds (assisted living), 24 memory care units (assisted living), 47 general assisted living units, 57 catered living units, 2 guest units. A total of 58 parking stalls are planned within an enclosed garage below a portion of the senior residence building, and 58 surface parking stalls provide a total of 116 stalls on site. Drop off areas have been provided at the entry to the nursing home, and at the entry to the senior residence. This project provides a campus that serves a broad continuum of care for seniors, providing independent catered living, assisted living, memory care, and skilled nursing care. Seniors can age in place, with services catered to their needed level of assistance. If they should need a significant increase in level of care, services are available within a community that they are already familiar with. 1�="rf;d�r,.. ?':r �L?_7';Gf�',t.�ft `,tt r i ��,`'�:'.,. �....'`�i� �" �'PP �It,',?r� r (}er:.��.!yk( ��.�.f.'. � <ii� P.I:... } ..�a .� .�:'��l.:{ 1 . i y . �'< �' �. .. � ',, � .'.. �' � l =� ��•s . .. �i�r �'r� .. �" � � #. SITE PLAN Generous common areas are provided within the senior residence building for socialization, programmed activities, and congregate dining. Spaces such as the commercial kitchen, physical 2 & occupational therapy, and resident storage would be shared between the senior residence and the attached nursing home. The clinic will be a 2-story, 50,000 s.f. building, with a brick, glass and stucco-like exterior. Physician parking will be provided in a parking lot west of the proposed building, while patient parking will occur on the east side of the building. A parkway-type entrance drive is proposed to straddle the new property line between the clinic building and the senior complex to the north. Joint access and maintenance agreements will be required to assure perpetual cooperation. This joint drive will also serve as the fire access to the City's fire training site and replace a current fire-training site access easement that exists north and east of the arena. A replacement easement has been offered by the developer, but must be formalized through use of the appropriate descriptions, documentation and filing. � SITE HISTORY Columbia Arena was originally constructed in 1968. I n 1974, a variance was granted to reduce the rear yard setback from 25 ft. to 13 ft. to allow the construction of an addition to the building that would allow for an additional sheet of ice. As a result of the variance approval, the addition was constructed in 1975. Several interior modifications have been made to the building over the years. Before the arena was constructed in 1968, the subject property was zoned M-2, Heavy Industrial. When Anoka County purchased the property and constructed the ice arena in 1968, the property converted to a P, Public Facilities zoning. In 2005, Anoka County sold the property to the Minnesota Youth Sports Association (MYSA). In 2007, MYSA made a development deal with Kraus Anderson on the Columbia Arena property. Krause Anderson in turn sold the arena to a private investor named Wlliam Fogerty. Prior to the sale, the MYSA representative asked the City what they saw as future development potential for the site. Staff explained that the site is zoned P, Public Facilities and that zoning will remain as long as the land is publicly owned. Once sold to a private entity, the zoning would revert back to its pre-public status. Since, the property is now owned by a private investor the zoning is M-2, Heavy Industrial and as such, any development other than an M-2 development will require a rezoning. Staff's discussion with the sports association also used examples about what types of developments a site like this might be used for. Obviously, an M-2 use is a possibility, but development-wise, the City would need to determine whether M-2, Industrial still makes sense in light of the development that has occurred since the late 1960's. ANALYSIS Rezoning Request, #09-01 Premier Central 65 Partners is requesting a rezoning for the Columbia Arena site, located at 7011 University Avenue, from M-2, Heavy Industrial to R-3, Multi-Family. As stated previously, the property was zoned P, Public Facilities when Anoka County purchased the property and constructed the arena in 1968. The zoning reverted back to M-2, Heavy Industrial when a private investor purchased the property in 2007. The proposed rezoning is being sought to allow for the redevelopment of the site. The City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The 2020 Comprehensive Plan was developed with resident input taken from several meetings held between 1998 and 2000 and is a"tool intended to help guide future growth and development of the community while looking to the future and working towards achieving a community wide vision" The 2020 Comprehensive Plan designated this parcel as Public because of the arena use. Since the arena building is no longer viable for the use as an ice rink, the most obvious use change would allow for redevelopment of the site. The proposed medical clinic and senior project meets several of the objectives that the residents of Fridley identified in the visioning sessions for the 2030 Comprehensive Plan update. This update is before the Met Council for approval at this time and staff expects to have � the final review before the City Council in June of 2009. One of the goals identified through those meetings and the telephone survey was to "Maintain Fridley as a desirable place to live." Ways to accomplish that goal are to provide more housing diversity and to make Fridley a place where the aged can stay. Only about 8% of Fridley's housing is of the townhome or condominium structure type, yet 23% of Fridley's residents were over age 55 in 2000, and that percentage is growing. To accommodate Fridley's senior citizens desires to live in maintenance-free housing (no yards/house exterior care), more types of senior housing needs to be constructed. Types of senior housing to consider are one-level townhomes, independent living, assisted living, nursing home/memory care facilities. It is also important to explore the availability of a private maintenance service that would allow seniors to stay in their single family homes. This area of University Avenue, specifically the Columbia Arena is identified as an area for future redevelopment in the proposed 2030 Comprehensive Plan. The Economic and Redevelopment Plan chapter in the 2030 Comprehensive Plan, states that the City should continue to pursue high density senior housing to meet the demand for this type of housing in Fridley. The purpose of redevelopment is to provide the opportunity for more efficient land uses and eliminate inefficient land uses and under-utilized parcels. Redevelopment can also provide an opportunity to meet current market demands and desires of the community, it can create new tax base, and can create additional job opportunities. All the above purposes of redevelopment have the potential of being met with the redevelopment of this area for a senior living facility and medical center. R-3, Multiple Family Development is one of two possible designations that fit this mix of development as proposed. The other is S-2, Redevelopment District. Premier Development has chosen the R-3 classification to pursue for their development. In accordance with zoning standards this designation is acceptable, since it is an expansion of a district that already exists (Woodcrest Baptist Church) and it does not require extraordinary considerations. Both nursing and convalescent homes and medical centers are permitted as special uses in an R-3, Residential District. Applications have been made for the necessary considerations for special use permits. Council's discretion to rezone a property is broad, however, it must follow logic as it relates to the overall plan for future development as described in the Comprehensive Plan and either be identified as a redevelopment designation, or its new zoning designation must represent an expansion of a zoning district that exists currently nearby. This request passes the test for a rezoning in that it both matches the Comprehensive Plan vision for redevelopment and it does represent an expansion of the Woodcrest R-3, Multi-family residential district. Plat Request, #09-02 Premier Central 65 Partners is seeking to replat the property located at 7011 University Avenue to create two separate lots. The proposed replat will consist of two lots; Lot #1 and Lot #2, Block 1, Columbia Addition. Since, the petitioner is seeking a rezoning to R-3, Multi-Family; City staff has asked the petitioner to design their projects to meet the CR-1 standards for the Medical clinic and the R-3 standards for the senior development. The petitioner has designed both projects to meet the criteria set forth within the City code and will be further analyzed within the separate special use permit reviews on this report. Each Parcel meets the minimum lot size required for the R-3 zoning district. � Special Use Permit Request, #09-03 Medical Clinic Analysis — Hospitals and medical clinics are a permitted special use in an R-3, Multi- Family zoning district, provided that code requirements related to building and site requirements and parking are met. The proposed medical clinic with be located on Lot 2, which will be the southern lot. The project area is 282,101 sq. ft. (6.48) in size. The petitioner is proposing to construct a 50,000 square foot medical clinic on this lot. A medical clinic of this size would require 300 parking stalls. The petitioner is proposed to construct 303 parking stalls on site, which will meet code requirements. All other code requirements, including but not limited to, setbacks and lot coverage are being met on this site. Special Use Permit Request, #09-04 Senior Project Analysis — City Code allows independent living, assisted living, and nursing homes as a permitted special use in an R-3, Multi-Family zoning district, provided that code requirements related to building, site requirements and parking are met. The petitioner is proposing to construct a 4-story senior development along the west and north sides of Lot 1, with an attached 1-story nursing home along the east side of the lot. The proposed 4-story building will be 147,200 sq. ft. in size and the 1-story nursing home will be 25,840 sq. ft. in size. The petitioner is proposing to construct a 176-unit senior housing complex, which will consist of 57 independent "catered" units, 39 assisted living units, and 24 memory care units, as well as 35 nursing care beds,10 care suite beds and 2 guest units. The development will include 58 underground parking stalls and 58 surface parking stalls, for a total of 116 stalls. The R-3, Multi-Family zoning regulations states that the average lot area required per dwelling unit is 2,500 sq. ft. for the units on the first (3) three stories with an additional 950 sq. ft. per unit from the fourth through sixth stories. National and regional development trends for assisted living and memory care appear to point to a lesser lot size requirement. Though well-maintained landscaped grounds are essential to project appeal and resident enjoyment, the size of the lot in this type of development can be smaller because the opportunity for residents to participate in larger scale outdoor activities on the grounds is much smaller. Also, less land is required because of the fact that the residents typically do not have cars, nor do they drive. Therefore, there is a lower standard for the number of parking stalls required and less land area to accommodate the automobile use. Using the 2,500 s.f. of land per unit for the 120 traditional independent or assisted living units, a land area of 6.89 acres is required. The developer has allowed 7.65 acres for that portion of the development. The units beyond the 120 traditional units are beds, bed suites, or 2 guest rooms; these are not typically calculated in the formula requiring 2500 s.f. per unit, since they are not units that typically require unit owner cars or yards space. Instead these units share approximately an acre of land that remains, after the 120 units/2500 s.f. requirement has been met. Since this is an open common space development where individual yards are not defined, staff suggests that the land area provided for all residential portions is adequate for the common enjoyment of all residents. L•� Section 211 of the City's Subdivision ordinance states that if the Planning Commission or City Council upon finding any regulations or requirements of the Code that is not applicable to a proposed preliminary or final plat, that it may permit variations that are not contrary to the intent and purpose of the applicable law. The R-3 regulations that require 2,500 sq. ft. for each unit are clearly meant for an apartment complex or condo development and are not meant for a senior development that is occupied with small memory care units and nursing home beds. As a result, it is acceptable for the Planning Commission and City Council to endorse this interpretation of the Code for purposes of a senior living development such as this, through the platting process. Making this modification is not intended to set precedence for future requests that are not of a similar nature. City code requires that buildings within the R-3, Multi-Family zoning district not exceed 65 ft. in height, when measured from grade to the mid-span of the roof. The petitioner's plans currently show the building at 60 ft. to the peak, therefore meeting code requirements. The petitioner just received the soil boring for the parcel and has discovered that there is a high water table in the area where the senior building will be located. As a result, they may need to increase the height of the building to compensate for the high water table. The petitioner has expressed to staff that they are confident that they will be able to comply with the maximum 65 ft. height limit. The proposed project is in-compliance with lot coverage, parking and all setback requirements. City code requires 115 parking stalls based on types of units within the building. The petitioner is showing 116 parking stalls, which exceeds code requirements. City staff would recommend that instead of installing parking stalls that aren't required, that those additional spaces be used for additional green space, with proof of parking. HOUSING STUDY This petitioner has not submitted a formal housing study. However a memorandum from a housing analyst has been submitted to this development group indicating that there is a demand in the Fridley area for 240 beds (skilled nursing beds) of the above referenced nature. They note that over the next five years the level of units demanded now will likely decrease due to other competitive developments in the area that are now in some stage of planning or construction. TRAFFIC 2030 Comprehensive Plan — Transportation Chapter The City's 2030 Comprehensive Plan indicates that in 2005, the portion of University Avenue adjacent to the proposed Senior Living / Medical Facility project carried 34,000 vehicles per day. At this traffic level, it's carrying 3,000 less vehicles per day than its maximum design capacity. Using the State's range of 31,000 to 37,000 vehicle trips per day the roadway is within specifications to function at a Level of Service (LOS) D. The 2030 Comprehensive Plan anticipates that University Avenue will be carrying over 38,000 vehicles per day by the year 2030, based upon increases in population for Fridley & surrounding communities, as well as redevelopment and reinvestment within Fridley. At 38,000 vehicles / day, University Avenue would be above its design capacity. This project brings the roadway and its intersection at 69th and University Avenue closer to capacity, earlier than anticipated. As a result, the State of Minnesota was asked to comment on the perceived or real impacts of the development. If this segment of University were to be modified to a divided 6-lane roadway, the roadway widening would increase its capacity range from 31,000-37,000 to 55,000 to 61,000 vehicle trips per day. That improvement is not scheduled in the State's near capital improvement horizon and would not be necessary based on this project alone. 7 Review of Traffic Study information A trip generation analysis based on the methods and rates published in the ITE Trip Generation Manual, 7th Edition, shows the Assisted Living Land Use category in the ITE manual to determine that the proposed Senior Project complex would generate a total of 363.5 trips per day if all beds within the complex were occupied. Based on the information provided, the senior building would create a slight increase to the traffic at the intersection of 69th Avenue NE and the Service Drive, but only during peak hours. During all other times, there will be no perceptible increase in the volume of traffic. At no time will this project add a perceptible increase to University Avenue traffic volumes, according to Link Wlson, Kaas Wilson Architects. This intersection was designed to handle traffic from the ice arena, and is consequently adequate to handle the traffic volumes of this proposed development. It should also be noted, that according to the ITE manual, studies have shown that less than 5% of residents in an assisted living facility own vehicles, and if they do, they are rarely driven. Employees, visitors, and delivery trucks make up most of the trips to this facility. The ITE manual also points out that the "peak hour" generator typically doesn't coincide with the "peak hour" of the adjacent street traffic for an assisted living facility. This is primarily related to the shifts of the employees beginning at 7:00 a.m., 3:00 p.m., and 11:00 p.m. The typical peak hours on most roadways are between 6:00-7:00 a.m. and 3:00-4:00 p.m. The developer has indicated that the peak visitor time is on Sunday when the medical facility will be closed. Traffic information from the developer regarding the clinic portion of the development is broken up in a different manner and does not use ITE numbers, but their experience as a basis. The Clinic indicates that it sees 6,500 patients per month. This is based on a schedule of 266 hours and 24.4 patients per hour. The employee count for that complex is 100 employees who work staggering shifts, throughout the day. The clinic will be open 7:30 am to 8:00 pm and on Saturdays 8:00 to noon. The Minnesota Department of Transportation engineers concur with the conclusions of the developer's traffic analysis. The combination of uses on this site will not cause the need for changes at intersections, including signals. WETLAND AND STORM WATER MANAGEMENT The petitioner has illustrated that storm water management for the site will be handled using a standard pond/surface drainage system designed to meet the watershed's requirements for rate, quality and volume control. NEIGHBORHOOD MEETING The petitioner held a meeting with the neighborhood regarding this project on Wednesday, April 29, 2009, at 7:00 P.M. in Room 114 of the Fridley Community Center. Approximately 50 people attended the meeting and the comments and questions were very positive. It appeared there was much support for the project. A couple questions were asked regarding the choice to place the clinic south and the residence north. The developer indicated that both end users preferred the site plan as proposed. A resident inquired whether truck traffic could be directed north, while cars continue to use the 69th intersection. This question's answer is something that cannot be controlled by the developer of this site, but instead is a larger issue. The City's response to that would be that the roadways and intersections were designed to handle both and signs likely would not be observed. STAFF RECOMMEDATION City Staff recommends approval of the Rezoning ZOA -09-03, without stipulations. The rezoning accomplishes the following objectives. : • Provides housing opportunities for Fridley seniors. • Provides additional job opportunities. • Proposed use meets the goals highlighted in the 2030 Comprehensive Plan • Is consistent with historic rezoning practices in Fridley STAFF RECOMMEDATION City Staff recommends approval of the Preliminary Plat, PS #09-02 with stipulations. • Plat Meets the Requirements of Chapter 211 STIPULATIONS Staff recommends that if the Preliminary Plat, PS#09-02 is approved, the following stipulations be attached: 1. An easement to provide perpetual access to the fire training facility has been discussed, and agreed to, but has not been shown on preliminary plat. An easement description and easement document must be prepared, approved by the City's Fire Chief and made ready for final signatures for filing, prior to approval of the final plat. 2. An easement to provide perpetual shared parking between the clinic, senior building and park, south of the clinic have been agreed upon, but have not been memorialized in an easement document. That document shall be prepared, approved by the County Parks and Recreation Director and made ready for signature and �ling, prior to final plat approval. 3. Anoka County's Path shall be moved from the southern edge of the clinic parcel and ready for reinstallation in accordance with plans to be approved by Anoka County prior to final plat approval. 4. A path connection plan allowing safe access from the clinic parking lot to the County path south of the clinic parking lot. 5. A path along 71St to meet the speci�cations of the City engineering department shall be installed. 6. All pathway and easements, once designed to City specification and installed, will eliminate the developer's need to contribute park dedication for this plat. STAFF RECOMMEDATION Staff recommends that if Special Use Permit, SP #09-03 is approved, the following stipulations be attached: � The property shall be developed in accordance with the a��est-�r��° ^'��ed A��rn�Z`�P�. /cirlc�n��C�n�ha n�� c chn�nin nn i"� (1 rl�� nn�r�Z��} Amcon Construction site plan A0.0, dated May 5, 2009. 2. The building elevations shall be constructed in accordance with architectural plans EL.1, dated November 21, 2008 3. The petitioner shall obtain all necessary permits prior to construction. 4. The petitioner shall meet all Building code, Fire code, and ADA requirements. 5. The building at 7011 University Avenue shall be removed prior to issuance of building permit. 6. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 7. No signs shall be located within the right-of-way. Any planting within the right-of-way shall be approved by the City and/or State prior to planting. Sign permits shall be required for all signs prior to installation. 8. The petitioner shall obtain a permit from the City and/or State for any work done within the right-of-way. 9. The petitioner shall identify storm water management area on site and shall provide necessary easements. � 10. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 11. The petitioner shall obtain any required NPDES Permits. 12. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 13. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 16. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to �nal plat approval. STAFF RECOMMEDATION Staff recommends that if Special Use Permit, SP #09-04 is approved, the following stipulations be attached: STIPULATIONS � The property shall be developed in accordance with the a��est-�r°��° ^'��;�«a A��rn�Z`�P�. /cirlc�n��C�n�ha n�� c chn�nin nn i"� (1 rl�� nn�r�Z'�nS) Amcon Construction site plan A0.0, dated Mav 5, 2009. 2. The building elevations shall be constructed in accordance with architectural plan A500 (not dated, but submitted with packet). 3. The petitioner shall obtain all necessary permits prior to construction. 4. The petitioner shall meet all Building code, Fire code, and ADA requirements. 5. The building at 7011 University Avenue shall be removed prior to issuance of building permit. 6. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 7. No signs shall be located within the right-of-way. Any planting within the right-of-way shall be approved by the City and/or State prior to planting. Sign permits shall be required for all signs prior to installation. 8. The petitioner shall obtain a permit from the City and/or State for any work done within the right-of-way. 9. The petitioner shall identify storm water management area on site and shall provide necessary easements. 10. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 11. The petitioner shall obtain any required NPDES Permits. 12. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 13. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 14. The petitioner shall provide the City with a copy of the conditions or restrictions for residency within the proposed building. 15. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 16. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 10 17. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 11 � � CffY OF FRIaLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 22, 2009 Date: June 16, 2009 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #09-02, Premier Central 65 Partners INTRODUCTION Jim Wnkels of Amcon Construction, on behalf of the petitioner, Premier Central 65 Partners, is seeking four separate land use actions from the City of Fridley, which will allow for the redevelopment of the Columbia Arena site, which is located at 7011 University Avenue. Each of the four land use items analysis will be provided in a separate memo cover. The main report, however analyzes all of the requests together. The petitioner has requested a Plat, PS #09-02. Currently, the site is one large, 14 acre parcel. The petitioner is seeking to subdivide the lot into 2 parcels. The northern parcel will be 7.65 acres, and the southern parcel will be 6.48 acres after the replat. PLANNING COMMISSION RECOMMENDATION At the May 6, 2009, Planning Commission meeting, a public hearing was held for PS #09-02. After receiving public comment and a brief discussion, the Planning Commission recommended approval of plat request, PS #09-02, with the 6 stipulations presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. � 1� '� LL' � �� .,�� _� — f-- _ � � STIPULATIONS 1. An easement to provide perpetual access to the fire training facility have been discussed, and agreed to, but have not been shown on preliminary plat. An easement description and easement document must be prepared, approved by the City's Fire Chief and made ready for final signatures for filing, prior to approval of the �nal plat. 2. An easement to provide perpetual shared parking between the clinic, senior building and park, south of the clinic have been agreed upon, but have not been memorialized in an easement document. That document shall be prepared, approved by the County Parks and Recreation Director and made ready for signature and �ling, prior to final plat approval. 3. Anoka County's Path shall be moved from the southern edge of the clinic parcel and ready for reinstallation in accordance with plans to be approved by Anoka County prior to final plat approval. 4. A path connection plan allowing safe access from the clinic parking lot to the County path south of the clinic parking lot. 5. A path along 71St to meet the speci�cations of the City engineering department shall be installed. 6. All pathway and easements, once designed to City specification and installed, will eliminate the developer's need to contribute park dedication for this plat. � � CffY OF FRIaLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 22, 2009 Date: June 16, 2009 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit, SP #09-03, Premier Central 65 Partners INTRODUCTION Jim Wnkels of Amcon Construction, on behalf of the petitioner, Premier Central 65 Partners, is seeking four separate land use actions from the City of Fridley, which will allow for the redevelopment of the Columbia Arena site, which is located at 7011 University Avenue. Each of the four land use items analysis will be provided in a separate memo cover. The main report, however, analyzes all of the requests together. The petitioner is requesting a Special Use Permit, SP #09-03 to allow for the construction of a 50,000 sq. ft. medical clinic on the southern lot. PLANNING COMMISSION RECOMMENDATION At the May 6, 2009, Planning Commission meeting, a public hearing was held for SP #09-03. After receiving public comment and a brief discussion, the Planning Commission recommended approval of special use permit request, SP #09-03, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. � 1� '� LL' � �� .,�� _� — f-- _ � � STIPULATIONS � The property shall be developed in accordance with the a��est-�+r��° ^'��ed .n� � r,.�z2gg�-�siE�e4�F�„ h�- °�,ge61 . �'e61-�"� r,.,�;-�i�9} Amcon , Construction site plan A0.0, dated Mav 5, 2009. 2. The building elevations shall be constructed in accordance with architectural plans EL.1, dated November 21, 2008 3. The petitioner shall obtain all necessary permits prior to construction. 4. The petitioner shall meet all Building code, Fire code, and ADA requirements. 5. The building at 7011 University Avenue shall be removed prior to issuance of building permit. 6. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 7. No signs shall be located within the right-of-way. Any planting within the right-of-way shall be approved by the City and/or State prior to planting. Sign permits shall be required for all signs prior to installation. 8. The petitioner shall obtain a permit from the City and/or State for any work done within the right-of-way. 9. The petitioner shall identify storm water management area on site and shall provide necessary easements. 10. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 11. The petitioner shall obtain any required NPDES Permits. 12. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 13. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 16. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to �nal plat approval. � � CffY OF FRIaLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 22, 2009 Date: June 16, 2009 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit, SP #09-04, Premier Central 65 Partners INTRODUCTION Jim Wnkels of Amcon Construction, on behalf of the petitioner, Premier Central 65 Partners, is seeking four separate land use actions from the City of Fridley, which will allow for the redevelopment of the Columbia Arena site, which is located at 7011 University Avenue. Each of the four land use items analysis will be provided in a separate memo cover. The main report, however, analyzes all of the requests together. The petitioner is requesting a Special Use Permit, SP #09-04 to allow the construction of a senior living facility on the northern lot. PLANNING COMMISSION RECOMMENDATION At the May 6, 2009, Planning Commission meeting, a public hearing was held for SP #09-04. After receiving public comment and a brief discussion, the Planning Commission recommended approval of special use permit request, SP #09-04, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. � 1� '� LL' � �� .,�� _� — f-- _ � � STIPULATIONS � The property shall be developed in accordance with the a��est-�+r��° ^'��ed A��rn�Z`�P�. /cirlc�n��C�n�ha n�� c chn�nin nn i"� (1 rl�� nn�r�Z��} Amcon Construction site plan A0.0, dated May 5, 2009. 2. The building elevations shall be constructed in accordance with architectural plan A500 (not dated, but submitted with packet). 3. The petitioner shall obtain all necessary permits prior to construction. 4. The petitioner shall meet all Building code, Fire code, and ADA requirements. 5. The building at 7011 University Avenue shall be removed prior to issuance of building permit. 6. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 7. No signs shall be located within the right-of-way. Any planting within the right-of-way shall be approved by the City and/or State prior to planting. Sign permits shall be required for all signs prior to installation. 8. The petitioner shall obtain a permit from the City and/or State for any work done within the right-of-way. 9. The petitioner shall identify storm water management area on site and shall provide necessary easements. 10. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 11. The petitioner shall obtain any required NPDES Permits. 12. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 13. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 14. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 15. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 16. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to �nal plat approval. 17. The petitioner shall provide the City with a copy of the conditions or restrictions for residency within the proposed building. � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF June 22, 2009 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk June 16, 2009 Scheduling a Public Hearing to Amend Chapter 7 of the Fridley City Charter Due to the unallotment of local government aid and market value homestead credit by the state of Minnesota, staff began reviewing the charter to see if the City Council could call a special election if they felt the need to increase the tax levy or create or increase new fees. In discussing the issue with our city attorney, staff found the City Council could only go to the voters during a regular municipal election. Because of the urgency, staff inet with Charter Commission Chair Cindy Soule and Charter Commissioner Bill Holm to discuss the information. Chairperson Soule felt the issue was important called a special meeting of the Charter Commission for June 10, 2009. At the special meeting, the Fridley Charter Commission adopted an amendment by ordinance, as shown in Attachment 1, and recommended sending it to the City Council for the public hearing and adoption by a vote of 8-2. The amendment would allow the City Council to call for a special election to increase the tax levy or to increase or create new fees and change the 51% of the votes cast to a maj ority of those votes cast on said question. State law states if an amendment is adopted by ordinance, the amendment must receive a public hearing with the text of the proposed amendment published at least two weeks, but not more than one month after the notice is published. If the City Council desires to move forward with the amendment by ordinance, the public hearing notice is scheduled to be published in the Fridley SunFocus on June 25, July 2; and July 9, 2009 allowing the public hearing to be held July 13, 2009. Staff recommends a motion scheduling a public hearing on the proposed charter amendment for Monday, July 13, 2009 at 7:30 p.m. Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CHARTER WHEREAS, the City of Fridley, Minnesota, under the powers vested in it under Minnesota Statutes Section 410 and its own City Charter, has the power to amend its Charter; and WHEREAS, after review and recommendation of the Charter Commission, the City Council has determined the current language of the charter related to restrictions on the tax levy and fee restrictions may cause deep and significant harm to the finances of the City and that a change in charter language is necessary to mitigate future harm from being caused by the charter to the City's finances. IT IS HEREBY ORDAlNED THAT THE CHARTER BE AMENDED AS FOLLOWS: FRIDLEY CITY CHARTER CHAPTER 7. TAXATION AND FINANCES Section 7.02. POWER OF TAXATION 2. The City Council may also levy a tax against real and personal property within the City in addition to said limit as defined in paragraph 1 provided the Council shall: A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4) members of the Council which shall be presented as a clear and concise 'plain language' ballot question at � a special or regular municipal election. D. The additional tax levy shall take effect if � a maj oritX of the votes cast on the ballot ueq stion at said election are in favor of its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF 2009. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Public Hearing First Reading Second Reading Publicarion � � �ffY �F FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF JUNE 22, 2009 William W. Burns, City Manager Jack Kirk, Director of Parks and Recreation June 17, 2009 Proposed Waterfowl Feeding Ordinance The large numbers of Canadian geese and other waterfowl continue to be a significant problem at Moore Lake Park/Beach and several of our other parks. One of the contributing factors to the large concentrations of birds is the fact that some people have been regularly feeding the waterfowl in our parks. Well-intentioned people erroneously believe that feeding is beneficial to the waterfowl, but it really can have many negative consequences. Feeding of the waterfowl creates numerous problems, not only for other park users, but also for the birds themselves. The large concentration of waterfowl at the beach, picnic and recreation areas results in an accumulation of droppings, which are unsightly and unsanitary. I continue to get complaint calls from park users about the amount of droppings in the parks, especially around the picnic areas, playgrounds and athletic fields used by our local young people. The waterfowl rely on specific nutrients in natural foods in order to remain healthy. Feeding waterfowl low quality foods such as bread, popcorn, or potato chips just does not provide the birds with what they need. They may easily become malnourished or deficient of vital nutrients which can result in illness or death for the birds. The hand feeding of birds contributes to overcrowded and unsanitary conditions for the birds themselves and makes them more susceptible to disease. Lowered nutrition and overpopulation allow disease to spread more quickly, potentially infecting the birds with fatal diseases such as avian cholera and avian botulism. Although these diseases have always existed in waterfowl populations, the risks increase when bird populations become concentrated at feeding sites. The ducks and geese can become dependent upon the donated food, creating too many of the waterfowl in a small area to survive if the food source ends abruptly. The feeding can also delay or even halt the migration of these birds to natural wintering sites, potentially leaving them to stay and try to make it through a tough Minnesota winter. Artificial feeding of the waterfowl causes the birds to lose their fear of people and they become vulnerable to injury or even death from those who would choose to harm them. We have had several instances in our park system where the birds have been harmed by individuals who were literally able to walk right up to the animal to inflict the damage. Proposed Waterfowl Feeding Ordinance June 17, 2009 Page 2 I am recommending that we move forward with a change to Chapter 101 of the Fridley City Code related to Animal Control that would prohibit the feeding of waterfowl on City of Fridley park property. The proposed change would include a definition of Waterfowl in the definitions section of the chapter. That wording would be as follows: � N��i�F�L�i �7n7 I Includes those species of birds commonly known as geese, ducks, gulls and swans and any other waterFowl falling under the jurisdiction of the United States Fish and Wildlife Service. The additional proposed changes to the City Code would be under Section 101.02.3. 101.02.03 Prohibition of Waterfowl Feeding A. It shall be unlawful to provide food (including food by-products, garbage or animal food) to waterfowl on City of Fridley owned park land. This shall include placing food or allowing food to be placed on the ground, shoreline, waterbody, or any structure, unless such items are screened or protected in a manner that prevents waterFowl from feeding on them. B. This prohibition shall not apply to veterinarians, city animal control officers or county, state or federal game officials who in the course of their duties have waterFowl in custody or under their management. C. This prohibition shall not apply to persons authorized by the City of Fridley to implement the Canada Goose management program and any future waterFowl management programs approved by the City Council. D. This prohibition shall not apply to any food placed upon the property for purposes of trapping or otherwise taking waterfowl, where such trapping or taking is pursuant to a permit issued under Section 101.02.2. Please let me know if you have any questions or comments on this proposal. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 101 ANIMAL CONTROL OF THE FRIDLEY CITY CODE PERTAINING TO PROHIBITION OF WATERFOWL FEEDING The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Section 101 of the Fridley City Code be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 101. ANIMAL CONTROL 101.01 DEFINITIONS 15. Waterfowl Includes those species of birds commonly known as �eese, ducks, �ulls and swans and an. o� waterfowl fallin� under the iurisdiction of the United States Fish and Wildlife Service. �S. 16. Wild Animals Section 2: That Section 101 of the Fridley City Code be hereby amended as follows: 101.02. WILD ANIMALS AND BIRDS 3. Prohibition of Waterfowl Feedin� A. It shall be unlawful to provide food (includin� food by_products, �arba�e or animal food) to waterfowl on Citv of Fridlev owned park land. This shall include placin� food or allowin� food to be placed on the �round, shoreline, waterbodv, or anv structure, unless such items are screened or protected in a manner that prevents waterfowl from feedin� on them. B. This prohibition shall not a�plv to veterinarians, citv animal control officers or countv, state or federal �ame officials who in the course of their duties have waterfowl in custodv or under their mana�ement. C. This prohibition shall not a�plv to persons authorized by the City of Fridle. t�plement the Canada Goose mana�ement pro�ram and anv future waterfowl mana�ement pro�rams a�proved by the city council. D. This prohibition shall not a�plv to an. f�placed upon the propert.�purposes of tra�pin� or otherwise takin� waterfowl, where such tra�pin� or takin� is pursuant to a permit issued under section 101.022. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Published: � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 22, 2009 �ffY �F FRIDLEY INFORMAL STATUS REPORTS