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12/07/2009 - 4552� � CITY COUNCIL MEETING OF DECEMBER 7, 2009 �ffY �F FRIDLEY 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. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 9, 2009 City Council Meeting of November 16, 2009 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of November 18, 2009 ......................................................................... 1- 16 2. Special Use Permit Request, SP #09-15, by Kurt Manufacturing, Inc., to Allow Limited Outdoor Storage on their Property, Generally Located at 7585 Highway 65 N.E.; and Resolution Approving Special Use Permit, SP #09-15, for Kurt Manufacturing, Inc., 7585 Highway 65 N.E. (Ward 2) ........................................................................ 17 - 25 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 7, 2009 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve Consultant Selection for Project No. 389 SPRINGProject ................................................................................................. 26 4. Appointment to HRA Commission ..................................................................... 27 5. Claims ............................................................................................................... 28 6. Licenses ............................................................................................................ 29 - 30 7. Estimates ........................................................................................................... 31 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. 2010 BUDGET AND PROPERTY TAX PUBLIC MEETING: 8. Presentation of 2010 City of Fridley Budget NEW BUSINESS: 9. Informal Status Reports ..................................................................................... 32 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 9, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney James Kosluchar, Public Works Director Scott Hickok, Community Development Director Richard D. Pribyl, Finance Director Brian Weierke, Captain, Fridley Police Department Pam Reynolds, 1241 Norton Avenue NE Peter Eisenzimmer, 6535 Oakley Drive NE Greg Dahlke, E& J Development APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 26, 2009 APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of October 21, 2009. RECEIVED. 2. Resolution Appointing Election Judges for the 2009 Special Municipal Election. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 2 3. Claims (143836 —144001). APPROVED. 4. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Pam Reynolds, 1241 Norton Avenue NE, asked that Item No. 2 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item No. 2. Seconded by Councilmember Varichak. 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 with the addition of Item No. 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Joanne Zmuda, 6051 Fourth Street NE, stated at the last meeting, the Mayor stated things would be pushed back for another year if they wait until the next election regarding the Charter language change. She asked what would be pushed back. She also asked what projects and goals are in the 2010 budget for the various City departments. She did go to the budget meeting which was posted to start at 7 but apparently it started at 6. Mayor Lund stated they have not discussed this. Councilmember Bolkcom stated the time change for the budget meeting was an administrative mistake. Normally their conference meetings do start at 7:00 p.m. It was not maliciously made. Unfortunately it did not get posted until Wednesday of the week before the budget meeting. The time change was made because they had a lot of information that needed to be shared. Peter Eisenzimmer, 6535 Oakley Drive NE, said he has a problem with people removing the signs that are being put out. He hopes that does not happen this time. It should be corrected if it does. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 3 Mayor Lund asked him what signs he was talking about. Mr. Eisenzimmer replied, the "No" signs. Mayor Lund suggested to Mr. Eisenzimmer if he feels a crime is being committed he should call the Police Department. NEW BUSINESS: 5. First Reading of an Ordinance Amending Fridley City Code Chapter 101, Animal Control, Pertaining to Dangerous Dogs and Official Title and Summary Ordinance. Brian Weierke, Captain, Fridley Police Department, stated police officers and community service officers respond to complaints that involve animals throughout the City of Fridley. One type of complaint that involves a serious public safety concern is a dog bite. Over the last few years, the City has seen an increase in some dog bite calls. The number of dog bites and the severity of the bites have almost doubled. Captain Weierke stated Minnesota law, Chapter 347.50, does regulate licensing and registration of potentially dangerous and dangerous dogs. Staff has reviewed the State law and the City Code and prepared four amendments to the current Code to clarify some procedures and regulations. Staff believes the changes will allow the City to be able to more effectively respond to dog bite issues. Captain Weierke stated the four amendments staff would like to add are the definition of "potentially dangerous" dogs and "dangerous" dogs, changing the quarantine period from 14 to 10 days to make it consistent with the State law, adding the registration and regulation of "potentially dangerous" or "dangerous" dogs as required by current State law, and changing a word in Section 101.11 from "vicious" to "prohibited" animals in reference to the non- domesticated animals. Captain Weierke stated staff believes the amendments will make our City Code consistent with State law. It will allow our community service officers to use the City Code in handling the majority of dog bite calls. It will also hold dog owners more accountable and will assist overall with public safety. Most importantly, it will clear up some confusion we are having with the difference between our City Code and State Statute. Captain Weierke stated if the amendment is approved, staff recommends holding the second reading on November 16, 2009. Councilmember Barnette asked how dangerous dogs were defined. Captain Weierke replied the definition they are looking at is consistent with the State Statute which is: without being provoked, they will inflict substantial bodily harm on a human being on public or private property; if they were to kill a domestic animal without being provoked while off the owner's property; or if they previously have been found as potentially dangerous and FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 4 have another incident. The State law does list it out pretty specifically, and that is why they want to be consistent with it. Councilmember Barnette asked whether they ever describe a particular breed or not? Captain Weierke replied, no. Councilmember Bolkcom referred to Section 101.11(B) of the ordinance and asked what the difference was between inflicting substantial bodily harm and attacking a human being or domestic animal twice. Captain Weierke stated the substantial bodily harm has to do with Minn. Stat. §609.02 which means any bodily injury involving a temporary or substantial disfigurement. Something to the effect that there may have been stitches or scarring. Councilmember Bolkcom asked for clarification on what "attacking" means. For example, could that be a dog running after someone and growling at them? Captain Weierke replied there is some discretion given to the community service officers who are the ones responding to those calls. A lot of it has to do with whether it was provoked or unprovoked and if there was an actual bite, how bad the bite was. Councilmember Bolkcom asked the animal control officer was. Captain Weierke replied our animal control officer is our community service officers. They are doing the investigation on the bites or the reports that are taken. Councilmember Bolkcom asked who is sent the reports as it sounds like there has to be two of them. Captain Weierke said they are the same. If someone is reporting it to the Police Department, they are also reporting it to the animal control officer. All the reports are forwarded to the community service officers. Councilmember Bolkcom pointed out the reason why she was asking is in Section 101.10(3) it states "Animal Control Officer or Police Department." Also in that section it states, "Such animal so exempt shall be quarantined on the premises of the owner, under strict control..." She asked what strict control meant. Captain Weierke replied, it means they cannot leave the home. They have to be inside the home. Councilmember Bolkcom asked if they need to define that better, for instance, can the dog be in a fenced yard or do they have to be on a leash? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 5 Captain Weierke stated he agreed and it can be difficult. When a community service officer does respond, depending on if they are in an apartment or town home or single family home, they can determine the strict control with the owner of the dog. Councilmember Bolkcom asked if the City gives the owner something in writing regarding what they can or cannot do. Captain Weierke replied, yes, we do. Councilmember Bolkcom asked if they should include somewhere in the ordinance that Fridley's animal control officer is the community service officers. Captain Weierke replied, yes, he does. In the definitions of Section 101.10.01 it does define an animal control officer as being any individual designated by the City to enforce the provisions of this Chapter including all City police officers. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Preliminary Plat Request, PS #09-04, by Greg Dahlke, E& J Development, to Subdivide One Lot to Create Two Lots, Generally Located at 8170 Hickory Street N.E. (Ward 3). Scott Hickok, Community Development Director, stated the subject property is zoned M-3, Heavy Industrial, Outdoor Intensive. The property was developed in 2003 with the construction of a 23,488 square foot office and warehouse building. The M-3, Heavy Industrial, Outdoor Intensive district allows outdoor storage by right so the business has outdoor storage of trailers on the site. Mr. Hickok stated Fridley Code requires that lots in the M-3, Heavy Industrial, Outdoor Intensive district be a minimum of 150 feet in width and a minimum of 1'/z acres. After this plat is created and if it is approved, Lot 1 will be 541 feet in width and 6.97 acres. That will remain Dahlke Trailer. The proposed second lot would be 303 feet in width and 4.9 acres in size. Mr. Hickok stated the petitioner has completed Stipulation No. 1, removing the existing driveway on Lot 2 to ensure it is 5 feet from the newly established property line. All other Code requirements including, but not limited to, setback, lot coverage, landscaping, storm water treatment, etc., will need to be met when Lot 2 is developed. Mr. Hickok stated the Planning Commission reviewed this on October 1, and unanimously recommended approval with eight stipulations. Staff recommends concurrence with the Planning Commission. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 6 Councilmember Bolkcom asked whether it is correct the rock crushing operation that is there is null and void with this new plat. Mr. Hickok replied that is correct. Councilmember Bolkcom asked whether the special use permit relating to construction of a telecommunications tower stays in effect. Mr. Hickok replied, yes. Councilmember Bolkcom asked Mr. Dahlke whether he agreed with the eight stipulations. Greg Dahlke, E& J Development, replied, yes. Councilmember Bolkcom asked if he knew anything about the telecommunication tower. Mr. Dahlke said he did not. He does not believe they have heard from them for a while. He does not know what their plans are. MOTION by Councilmember Varichak to approve Preliminary Plat Request, PS #09-04, by Greg Dahlke, E& J Development, with the following eight stipulations: 1. The petitioner shall move any part of the existing driveway on Lot 2, to ensure that it is 5 feet from the newly created property line within 60 days of preliminary plat approval. 2. Surface, curb and gutter will need to be replaced on Lot 2 upon issuance of a building permit. 3. The petitioner shall pay $12,536.00 park dedication fee upon issuance of a building permit for Lot 2. 4. The 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. 5. The petitioner shall properly maintain Lot #2 until sale occurs. 6. The petitioner shall provide easements as shown on preliminary plat drawing. 7. An easement for the pond that crosses lot lines shall be established and filed and a storm pond maintenance agreement shall be filed with the City. 8. There shall be no outdoor storage on Lot 2 until it is developed with a principal structure. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Resolution Appointing Election Judges for the 2009 Special Municipal Election. Pam Reynolds, 1241 Norton Avenue NE, stated she went to the Secretary of State website and on there it states a desired qualification of an election judge is the ability to remain impartial. She then looked at the list of judges, and saw it includes members of the Charter Commission (four members all voting aye). From her notes at the October 25 meeting held at the American Legion, one of the judges is serving as the treasurer for the "Vote Yes" committee. She is wondering how these people can be considered as impartial election judges. Mayor Lund stated he checked with the City Clerk, and he was told that just at this special election but at other elections, if someone signed a petition, as in this case, they could not be an election judge. By being an election judge, they can still have their opinions and they can even have campaign signs in their yard. He asked Attorney Knaak if he thought there was any conflict. Fritz Knaak, City Attorney, replied he did not know if the fact that any election judge has an opinion is a basis for disqualification or is not of itself an issue. The Charter itself only provides for a couple restrictions with respect to judges. If you sign a nominating petition or if you are on a committee, you cannot be an election judge. With respect to the other items, it is not necessarily a disqualification. He is certainly aware that the guidelines the Secretary of State would have probably would correspond with the Council's own judgment call, since they are approving the list. Generally speaking, if they were seeing people who were clearly unable to conduct this fairly then he thinks they would have some obligation to respond to that. The mere fact they have stated opinions is not in and of itself enough. Mayor Lund stated, to clarify, Attorney Knaak does not see a legal problem with any of the persons listed who may have already put up a campaign sign or may be participating in a campaign. Attorney Knaak stated, to narrow it down to the legal issue, he has not heard that any of these individuals are members of the committee which would be a disqualifier. Mayor Lund stated Bill Holm is the treasurer of the campaign for the "Yes" side. Attorney Knaak stated what the Charter specifically deals with is technically it is a group that has to form in order to put the language before the citizens on the ballot. If somebody belongs to a committee, even if it is an opposition committee, anything like that, legally that does not matter. Ms. Norton stated she had conversations with some people who signed the petition. They were not acting as a committee. They signed the petition and they were contacted and told they were not eligible to be election judges. She asked whether signing a referendum petition is not one of the two. When she asked for information, Deb Skogen sent her an e-mail stating the City has FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 2009 PAGE 8 always maintained it is the intent of the law that if they sign or circulate a nominating petition or referendum petition they are not eligible to serve as an election judge. Attorney Knaak stated if that is the practice, then that is the practice. He quoted the Charter stating, "No person signing or circulating a petition of nomination of candidate for election of office or any member of a committee petitioning for a referendum shall be eligible to serve as a judge in said election." Mayor Lund stated he was going to go with the practice that has always been done in the past. Councilmember Bolkcom stated it is something we should look She asked if this needed to be approved tonight. Dr. Burns said it did. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-63. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN. MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:17 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 16, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Richard Pribyl, Finance Director/Treasurer Jim Kosluchar, Public Works Director William Burns, City Manager Fritz Knaak, City Attorney John Anderson, 5909 2"d Street NE Joanne Zmuda, 6051 4th Street NE Pam Reynolds, 1241 Norton Avenue PRESENTATION: Robert Rewitzer — Police Department Online Reporting APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 101, Animal Control, Pertaining to Dangerous Dogs; And, Adopt Official Title and Summary Ordinance. William Burns, City Manager, said the City has amended the animal control ordinance to conform to State law. The changes include adding definitions for potentially dangerous dogs and dangerous dogs. The quarantine period from 14 days to 10 days has been changed to make it consistent with State law, the requirement for registration of potentially dangerous or dangerous dogs as required by State law has been added and the vicious to prohibited animals in Section 101.11 has been changed. Two other changes were also made in response to Councilmember Bolkcom's request: 1. "And" has been changed to "or" in Section 101.10.01 and a definition for "under strict control" in Section 101.10.2 has been added. Dr. Burns also pointed out a typo in 101.01.16 at the bottom of page two of tonight's agenda. There should be a period after "aggression" and the semi colon and "and" should be stricken. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 2 With these changes, staff recommends Council's approval of the second and final reading of this ordinance. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1262 AND THE OFFICIAL TITLE AND SUMMARY ORDINANCE AND ORDERED PUBLICATION. NEW BUSINESS: 2. Resolution Authorizing Execution of Agreement and Participation in Minnesota State Patrol Federal Project Programs. William Burns, City Manager, said this agreement provides $19,300 for Fridley's participation as part of a County-wide task force that is assembled periodically to conduct DWI saturation campaigns at various places in Anoka County. While the bulk of the money goes for police overtime, some of the funding is available for public education campaigns and training. The City also receives State "Safe and Sober" campaign funding for saturation campaigns. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2009-64. 3. Approve Consultant Selection for Project No. 389 SPRING Project. William Burns, City Manager, said in September, Fridley issued requests for proposals for the preparation of a phased architectural plan for the redevelopment of the Springbrook Nature Center. This project was initiated several years ago by the Springbrook Nature Center Foundation and is commonly referred to as the SPRING Project. Dr. Burns said the SPRING Design Committee included representatives from the City Council, the Parks and Recreation Commission, the Springbrook Nature Center Foundation, and staff. This group identified and met recently to interview representatives of four firms which had responded to the request for proposal. Ultimately, the members of the Design Committee agreed that the team led by the Hoisington Koegler Group represented the best fit for the SPRING project. This assessment was based on the Committee's perception of the firm's relevant experience, demonstrated creativity, proj ect understanding, and cost. Dr. Burns said staff recommends the City Council approve the selection of the Hoisington Koegler Group, Inc. to provide professional design services for the SPRING Project. Upon approval, staff will review and approve a contract for these services. The cost for the services to be provided is $34,000, all of which will be reimbursed to the City by the Springbrook Nature Center Foundation. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 4. Approve 2010 Consulting Services Agreement between the City of Fridley and GIS Rangers FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 3 William Burns, City Manager, said this is an annual contract for Geographic Information System (GIS) mapping services. Fridley jointly hires these services with the Cities of Columbia Heights and Andover. The 2010 contract for the Fridley portion of these services is $17,136, about half of what we spent in 2008. In view of the excellent service we have received from the GIS Rangers, staff recommends Council's approval of the 2010 contract with this group. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 5. Claims (144004 —144101) APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. Estimates APPROVED THE FOLLOWING ESTIMATES: Shank Contractors, Inc. 3501 85th Avenue North Brooklyn Park, NIN City of Fridley Proj ect No. 379 Commons Park WTP Filter Improvements FINAL ESTIMATE ................................................................................... $ 6,500.71 Colt Construction 285 Forest Grove Drive Suite 126 Pewaukee, WI 53072 85th Avenue Trail Proj ect No. ST. 2007-4 EstimateNo. 9 .............................................................................................. $ 6,962.52 Ron Kassa Construction 6005 East 250 Street Elko, MN 55020-9447 2009 Miscellaneous Concrete Repair Project No. 384 EstimateNo. 4 ................................................................................................ $ 2,140.54 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 4 Midwest Asphalt Corporation 5929 Baker Road, Suite 420 Minnetonka, MN 55345 2008 Street Reconstruction Proj ect No. ST. 2008 — 1 EstimateNo. 8 .............................................................................................. $ 68,529.61 Odland Protective Coatings 7655 Vernon Street Rockford, MN 55373 Water Tower No. 1 Rehabilitation Proj ect No. 3 82 Estimate No. 8 .............................................................................................. $420,850.00 ADOPTION OF AGENDA: Councilmember Barnette asked for Item No. 3 to be removed and Mayor Lund asked for Item No. 4 to be removed from the Consent Agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item Nos. 3 and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 3 and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): John Anderson, 5909 2"d Street NE, read a prepared statement regarding the upcoming election on the Charter. Mayor Lund said that Open Forum is not to be used to campaign for positions on an upcoming election. The meeting of the City Council is to conduct official business. Councilmember Bolkcom asked Mayor Lund to review the Open Forum policy. Mayor Lund said that the purpose of Open Forum is for citizens to bring forward issues within the City, not a time to campaign for one side or another on an upcoming election. Councilmember Bolkcom said some people had concerns with Bill Holm being an election judge. Bill Holm is a person of high standing and integrity and would not jeopardize an election. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 5 Councilmember Saefke reminded people of a debate concerning the upcoming election on November 19 at 7:00 p.m. at the Community Education Center. He also reminded everyone that it is a crime to tamper with campaign signs. There has been a problem with stolen and vandalized signs. If you are caught you will be prosecuted. Fritz Knaak, City Attorney, said someone could be charged with a felony by stealing a number of signs and a misdemeanor for stealing just one. NEW BUSINESS: 8. Resolution Authorizing the Call of Outstanding Taxable General Obligation Tax Increment Refunding Bonds, Series 2004B. Richard Pribyl, Finance Director, said the resolution approves the call of the outstanding General Obligation Tax Increment Refunding Bonds, Series 2004B. Based on the terms of the bond issue, it provides for the redemption of the remaining maturities after the February 1, 2010, regular payment. The three tax increment districts that pledged tax increment revenues for this bond issue now carry a balance of approximately $3,000,000 which is sufficient to pay the remaining principle and interest on those bonds. Staff has reviewed the interest rates associated with the remaining maturities and finds the interest rates vary from 3.75% to 4.35% ,yet we are only earning approximately 1.5% on these funds. Mr. Pribyl said by carrying these bonds any further, the HRA would lose some of the accumulated tax increment. Staff has reviewed this action with the Fridley HRA and they were favor of bringing this action before the City Council for their approval. Staff recommends approval of the resolution. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-65. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 9. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and Specifications for Street Rehabilitation Project No. ST. 2010-01 Jim Kosluchar, Public Works Department, said this proj ect includes resurfacing as part of a city-wide street maintenance program. The project proposed for 2010 includes the Harris Lake, Spring Valley, BenjaminBriardale and River Edge Way areas. Mr. Kosluchar said this project is included in the proposed 2010 budget, and is part of the City's proposed 5-year Capital Improvements Program. The CIP for 2010 also includes the 61st Avenue/Moore Lake Drive project. These will be stand-alone projects, as there are differences in funding sources. The proj ect would include cooperative work with Anoka County on Mississippi Street and Rice Creek Road. A draft joint powers agreement has been initiated for these segments. Mr. Kosluchar said this project includes approximately 3.5 miles of local streets and county roads. Staff will prepare a feasibility report for the City Council on the proposed proj ect, and FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 6 review adjacent segments. The feasibility report will also include a recommendation on utility work to take place, sources of funding, and constructability. Staff is proposing to prepare the draft feasibility report, and hold project open houses in December or January. We can then include any resident's concerns in the final report. Staff recommends the City Council adopt the attached resolution which orders preparation of the feasibility report and preliminary plans necessaryto proceed. Councilmember Varichak asked why all the roads were not being done at the same time. Mr. Kosluchar said that some segments are better and a little newer than others. Councilmember Varichak asked if patching roads created more problems later on. She asked how this proj ect is different than in the past when the feasibly report was prepared first. Mr. Kosluchar said in the past, the final feasibility report was done and then the final workshop was held. He said that did not allow us to take into account the residents' concerns, particularly when you look at draining issues or how the streets performed in the past. Councilmember Varichak asked if the snow birds would have an opportunity to contact staff if they are unable to attend open house. Mr. Kosluchar said they will receive a notice and can contact staff. Councilmember Bolkcom asked if it was in the County's plan to do this improvement. Mr. Kosluchar answered yes it was. He met with the County on site and they made lists of things that need to be coordinated. Anoka County is budgeting this project through a maintenance overlay budget. Councilmember Bolkcom asked if there was any problem with these roads being done at the same time Mr. Kosluchar said no. Councilmember Bolkcom asked if the streets have been rated by staff. Mr. Kosluchar said rating the roads is a continuing process of staff. Councilmember Bolkcom said the feasibility report is close to being done and noted it it is now almost the end of November. She asked if realistically if this project would be ready for a meeting in December, or if January was more realistic for the neighborhood meetings. Mr. Kosluchar said staff was about one month away from the drop-dead date, so maybe January was more realistic for the neighborhood meetings. Councilmember Bolkcom asked if the utility issues would be taken care of with this project and if that would be in the feasibility report. Mr. Kosluchar answered yes. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 7 Councilmember Bolkcom asked if the numbers would be close to what they were this year. Mr. Kosluchar said yes, around $1,300. William Burns, City Manager, asked if there would be assessments on the County roads. Mr. Kosluchar said the County is not planning to access but there are historic assessments that have been applied to Mississippi Street. Dr. Burns asked if both county streets could be assessed. Mr. Kosluchar answered yes. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-66. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 10. Receive Bids and Award Project for the 45t'' Avenue Storm Sewer Outfall Repair, City of Fridley Project No. 390. Jim Kosluchar, Public Works Director, said this project is intended to repair a large trunk storm sewer outfall that serves both Fridley and Columbia Heights. A portion of the 96" corrugated metal pipe (CMP) outfall failed. The proj ect will replace the original CMP pipe segments with reinforced concrete pipe (RCP). Mr. Kosluchar said Fridley is the lead agency and is administering the project, as it is located within the City limits. Fridley and Columbia Heights are to share costs based on an existing cost share agreement in which costs are allocated based on runoff. The process for updating this cost share agreement for current conditions is underway. The two communities are also seeking participation from MnDOT for their runoff to this outfall. Mr. Kosluchar said a bid letting was held on November 12, 2009. Ten bids were received, ranging from $116,829 to $185,400. The low bid was received from G.L. Contracting of Medina, Minnesota. It is notable that G.L. Contracting provided the low quote previously, and that the bid provided was roughly $7,3001ower than the quote received. These quotes have been rej ected due to the cost of the proj ect. While the City of Fridley has not worked with G.L. Contracting, they have successfully completed projects of this size previously in the Metro area. Fridley's share of the proj ect is to be funded by the City of Fridley Stormwater Utility. Mr. Kosluchar said staff requests the City Council receive the bids for the 45th Avenue Storm Sewer Outfall Repair (City of Fridley Project 390), and award the project to G. L. Contracting, Inc. of Medina, Minnesota, in the amount of $116,829.05. Councilmember Bolkcom asked what Fridley's share was. Mr. Kosluchar said he did not recall the exact number but thought it was about 70-80%. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 8 Councilmember Bolkcom asked if the funds were in the budget to support this project. Mr. Kosluchar said yes. Councilmember Bolkcom asked what the chances were for MnDOT to participate in this proj ect. Mr. Kosluchar said pretty good. MnDOT is spending staff time on this project so they are not saying no at this point. Councilmember Bolkcom asked if the cost share would be jeopardized if this project was approved. Mr. Kosluchar said if an agreement is in place, there is a larger consideration of getting the repair done. We think we can solicit their participation. Councilmember Bolkcom asked if this proj ect would happen this year. Mr. Kosluchar said yes, there is a meeting on Wednesday. Mayor Lund said he did not see it being a problem for MnDOT to participate. He asked if this outfall was an alert for Public Works to do inspections elsewhere for the potential for other similar problems. Mr. Kosluchar said staff is reviewing the current practices and interviewing sewer supervisors regarding inspection cycles. William Burns, City Manager, said there are annual inspections of storm water outfalls. Mayor Lund asked when was this pipe was last inspected. Mr. Kosluchar said it was not inspected in that form and it is a little out of the way from public eye and of maintenance workers spectrum. Mayor Lund said in the future staff should try to be more proactive of inspections in other remote areas to prevent this from happening again. Mr. Kosluchar said they plan to prioritize and shuffle the inspection cycle. MOTION by Councilmember Barnette to receive bids and award the project for the 45th Avenue Storm Sewer Outfall Repair, City of Fridley Project No. 390, to G. L. Contracting, Inc. Seconded by Councilmember Varichak. Councilmember Bolkcom asked when the cost share agreement would be done. Mr. Kosluchar said at the December meeting. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 11. Approve Change Order No. 4 for the 85t'' Avenue Trail Project No. ST. 2007-4. Jim Kosluchar, Public Works Director, said this is a federal aid project that was constructed in the summer of 2009. The City of Fridley administers construction through a delegated contract process, and is reimbursed 80% of the construction costs through MnDOT. Mr. Kosluchar said the proj ect budgeted cost was $1.2 million. The contract cost of the proj ect through previous change orders was $863,412.41. The total amount of this change order is $9,293.48. There is one item in this change order, and it has prior approval of staff, the contractor, and MnDOT. Mr. Kosluchar said this work was completed in July. Because this is a federal-aid project, however, processing of change order paperwork and preliminary approvals takes some time. Closeout of federal-aid projects typically takes about a year from the construction completion date. Mr. Kosluchar said the work was necessary to ensure long-term durability of the concrete kiosk near the entrance to Springbrook Nature Center. The local share of Change Order #4 is $1,858.70. Staff recommends approval of Change Order #4. Mayor Lund said that 20% was reimbursed through MSAS accounts. Mr. Kosluchar said that is correct. Councilmember Bolkcom asked if this would be the last change order. Mr. Kosluchar said I hope so. Councilmember Bolkcom said Coon Rapids knows their portion needs to be done but does not have the funds at this time. MOTION by Councilmember Bolkcom to approve Change Order No. 4 for the 85th Avenue Trail Project No. ST. 2007-4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 3. Approve Consultant Selection for Project No. 389 SPRING Project. Councilmember Barnette said the Springbrook Nature Center should be commended for the work they are doing; however, in the first paragraph, the last sentence it says it is funded exclusively by Springbrook Nature Center Foundation through the City of Fridley. He asked what guarantee there was that the funds were available to do this project. Mayor Lund said the funds were already there from fundraising efforts and grants. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 10 Councilmember Bolkcom asked if the City would be reimbursed for City staff time spent on the proj ect. Councilmember Barnette said the agreement was the City would not pay for any cost for this project. This is a great project but he was concerned about the volume of time staff would spend on this project. He also asked if their time would be reimbursed to the City. William Burns, City Manager, said he was not aware of any agreement to reimburse the City for the time staff spends on this project. Mayor Lund said it would be appropriate for staff to calculate their time associated with this project but the City should consider that a volunteer organization raised $5.0 million to build this facility as gift to the City. This may be a reason to donate staff time from the City. Regardless, staff will have to be involved. Councilmember Bolkcom would like an accounting of staff time because this is a huge project. She asked if this was a large enough proj ect for a competitive bid. Mr. Kosluchar said technical services do not require competitive bids. This selection process was held to allow the Foundation to have more direct involvement. Mayor Lund said the primary focus is to get the area shovel-ready. Councilmember Bolkcom commended on the request for proposals but was concerned about staff time spent on this project. She understands the money will come back to the City but was still wondering how much time staff would spend on this project. Councilmember Barnette said people will question if the City is providing staff and that is not what was intended. Councilmember Bolkcom said there is nothing in the proposal that says funds for City staff time will be reimbursed. Mayor Lund said this proposal is for the engineering company bid and says nothing that they will not reimburse staff. Dr. Burns said the reimbursement is between the City and the Springbrook Nature Center. It has nothing to do with the relationship between the City and the contractor. Councilmember Bolkcom asked why Council would approve this project if it is not spelled out correctly about staff time. Mayor Lund said the award could go through and Council could say that for now no staff time would be extended unless it will be reimbursed. Joanne Zmuda, 6051 4th Street, said there was a Save Springbrook Campaign a few years ago and now there are more scare tactics. She asked how many Fridley taxpayers knew that $314,000 supported the Springbrook Nature Center this year and it goes up every year. She shared the Wikipedia definition of a nature center and noted that it does not say anything about FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 11 an amphitheater, music in the park, etc. Fridley is in dire straights and the budget is cut bare to the bones. She did not think any more money should be spent on the Springbrook Nature Center. Mayor Lund said that Ms. Zmuda hit the nail on the head with the definition of a nature center and everything she spoke of is part of Fridley's nature center. The dollar amount that was voted on several years back was a separate levy. The financial situation of the City has nothing to do with the levy the voters opted for. The levy amount mentioned is separate and not from the General Fund. People complain about the cost of a nature center but there is potential to add things that may bring revenues to offset the cost of running the nature center, such as weddings. Councilmember Bolkcom said the walkway/bike way is not related to the Nature Center. Those were funded from Federal and State Aid which is an opportunity for people to be off of a very busy road. Mayor Lund said a lot of these funds are a use them or lose them. Someone else would have benefited from those funds if we had not used them. Pam Reynolds, 1241 Norton Avenue, said this Council made a decision that the Foundation would have to have all the money before the project would happen. Now through this, they are looking at phases. In February of this year, Jack Kirk said they had spoken with Council to move forward with the SPRING proj ect in a phased approach. She asked if Council had taken action to change the original plan. Mayor Lund said that the City had a memorandum of understanding with the Springbrook Nature Center to proceed in a phased approach, and with each phase, money would have to be there before the construction would begin. Councilmember Barnette said the cost is an estimate. The referendum was voted on by all of us which included inflation costs, and that is why the numbers are higher. The money is in a separate fund. MOTION by Councilmember Bolkcom to table the Consultant Selection for Project No. 389 SPRING Project until the December 7 City Council meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, COUNCILMEMBER VARICHAK AND COUNCILMEMBER BOLKCOM VOTING AYE AND COUNCILMEMBER SAEFKE VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE. 4. Approve 2010 Consulting Services Agreement between the City of Fridley and GIS Rangers. Mayor Lund asked if the numbers were correct on Pages 11 and 12 regarding the fees. Jim Kosluchar, Public Works Director, said the Fridley's numbers are correct. Columbia Heights reads their contract differently. The numbers are deceiving but everyone pays the same rate. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 16, 2009 PAGE 12 MOTION by Mayor Lund to Approve the 2010 Consulting Services Agreement between the City of Fridley and GIS Rangers. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 12. Informal Status Reports. Councilmember Barnette said the Northstar Commuter Rail open house was a big success. This is a milestone for the City of Fridley. Rachel Harris and Jill Brown coordinated the event and did a great job. Councilmember Varichak said the fall school plays are happening at Columbia Heights and Fridley. Both performances start at 7:30 p.m. Support your local schools and enjoy the plays. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:00 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION MEETING November 18, 2009 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Dean Saba, Jack Velin, Marcy Sibel, and Brad Sielaff MEMBERS ABSENT: Brad Dunham OTHERS PRESENT: Stacy Stromberg, Planner Scott Hickok, Community Development Director Larry Frandson, Kurt Manufacturing, Inc. Jim Winkels, Amcon Construction Mark Huss, Amcon Construction Steve Oltman, 7542 St'' Street, Fridley Dorothy Johnson, 340 Osborne Road, Fridley Choy Leon, Allina Bill Dunham, Allina Troy Voigt, Voigt Motor Coach, 1240 Osborne Road Jeannine Schlotman, Multi-Care Assoc. Rosemary Esler, North Suburban Hospital District Stephen Mann, Med. Oncology Rodney Lee, Premier Commercial Properties Scott Lepak, North Suburban Hospital District Roy Johnson, Allina Jon Namyst, Allina Approval of Minutes: October 21, 2009 MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING Consideration of a Special Use Permit, SP #09-15, by Kurt Manufacturing, Inc., to allow limited outdoor storage on the property, generally located at 7585 Highway 65 NE. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sibel. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated the petitioner, Larry Frandson, on behalf of Kurt Manufacturing, is seeking a special use permit to allow limited outdoor storage of wire baskets and plastic pallets in the side or rear yard of the property located at 7585 Highway 65. Ms. Stromberg stated in 1997, the City of Fridley changed the zoning of the subject parcel and the parcel to the east from M-1, Light Industrial to M-4, Manufacturing Only. This rezoning also involved several other industrial parcels and was done to assure that the remaining industrial parcels in the City were preserved for manufacturing instead of warehousing. In doing this, the City would help protect surrounding neighborhoods and roadways from heavy truck traffic, which is common to industrial warehouse developments. Ms. Stromberg stated as a result, the property is zoned M-4, Heavy Industrial as is the parcel to the east, which is also owned by Kurt Manufacturing. There are commercial and industrially zoned properties to the north and commercial property (Friendly Chevrolet) to the south. Highway 65 borders the properiy to the west. It is located on Highway 65, south of Osborne Road. The property was originally developed with the construction of a manufacturing building in 1964. Several additions have been constructed to that original building since 1964. The property was also granted two variances. The first variance was granted in 1974, to reduce the rear yard setback from 25 feet to 13 feet and to reduce the hard surface setback from 5 feet to 0 feet. Granting this variance resulted in the construction of a building addition. A variance was also granted in 1995 to reduce the side yard setback from 15 feet. to 5 feet on the south side of the property, to allow for the construction of a shipping dock facility. That facility was then constructed in 1995. Ms. Stromberg stated as the Planning Commission is aware, this summer the City's Community Development department hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff's attention during those systematic inspections. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The building's square footage is 81,865 square feet, so City code would allow up to 40,932 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located behind the existing propane tanks and is 560 square feet in size. The second area is in the rear yard, behind the existing building and is 1,944 square feet in size. Both areas combined are 2,504 square feet which is well below what code would allow for outdoor storage space on this site. Outdoor storage area No. 1 will be for storage of wire baskets and outdoor storage area No. 2 will allow for storage of wire baskets and plastic pallets. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, parking required for this site is 204 parking stalls. The site currently has 138 parking stalls; however, the petitioner has room to proof the additional 66 parking stalls if the need for them is ever warranted. Staff is comfortable with this solution, because parking has never been an issue on this site and the site has adequate space to allow additional parking if it is ever needed. Ms. Stromberg stated the location of the proposed storage areas are hidden from the public right-of-way; therefore, meeting code requirements. The petitioner has recently installed privacy screening in their 2 existing south fence, to further screen the outdoor storage areas from neighboring properties. The proposed site plan meets all other code requirements. Ms. Stromberg stated City staff has not heard from any neighboring property owners. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as limited outdoor storage is a permitted special use in the M-4, Manufacturing Only zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Storage trailer and any other existing outdoor storage on this site shall be removed within 30 days of issuance of this special use permit. 2. Outdoor storage area No. 2 shall need to be screened at which time the lot east of the subject property is developed, to ensure that it is not visible from the Central Avenue public right-of-way. 3. If a parking shortage occurs on the site, the petitioner shall install the designated proof of parking. 4. No outdoor storage other than the storage of items used by petitioner's business shall exist on the site. 5. No outdoor retail display shall take place on site. 6. The petitioner shall re-locate new accessible parking stall on turnaround to the east side ofthe turnaround, just south ofthe main walk entrance. 7. The petitioner shall revise curb and walk adjacent to the accessible parking spaces to surmountable curb type. Chairperson Kondrick asked Ms. Stromberg to explain Stipulation No. 6. further. Ms. Stromberg stated the petitioner is proposing to locate a new handicap-accessible stall on the west side of the turnaround where people would exit the site. What the City is asking them to do is relocate that handicap stall to the east side of the turnaround so the handicap person won't have to cross a drive aisle to get to the building. Commissioner Velin asked about the 30 days. Did we ever do that before? There was no time limit that he could recall. Ms. Stromberg stated the 30 days is related to the stipulation to remove any other existing outdoor storage they have on site. They have some storage trailers out in their parking lot, and staff has been working with them to get them. Commissioner Sibel asked about the storage, they cannot have a combination of trailers and storage? Ms. Stromberg replied they can have outdoor storage in the locations they are proposing. However, the trailers are in their parking lot and staff has had discussion with them about having them removed. Chairperson Kondrick asked Mr. Frandson whether he had any questions about the stipulations? Larry Frandson, Kurt Manufacturing, Inc., replied, no he did not. Chairperson Kondrick asked whether he had any objections to them? Mr. Frandson, replied, he did not. The last trailer should be out of there next week. Chairperson Kondrick asked, what about the turnaround? Mr. Frandson replied, they will take advantage of the nice weather to paint the other side of the curb. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:12 P.M. Chairperson Kondrick stated he has no problem with this. He has driven by there many times, and he thinks the stipulations are complete. MOTION by Commissioner Sielaff approving Special Use Permit, SP #09-15, by Kurt Manufacturing, Inc., to allow limited outdoor storage on the property, generally located at 7585 Highway 65 NE, with the following stipulations: 1. Storage trailer and any other existing outdoor storage on this site shall be removed within 30 days of issuance of this special use permit. 2. Outdoor storage area No. 2 shall need to be screened at which time the lot east of the subject property is developed, to ensure that it is not visible from the Central Avenue public right-of-way. 3. If a parking shortage occurs on the site, the petitioner shall install the designated proof of parking. 4. No outdoor storage other than the storage of items used by petitioner's business shall exist on the site. 5. No outdoor retail display shall take place on site. 6. The petitioner shall re-locate new accessible parking stall on turnaround to the east side ofthe turnaround, just south ofthe main walk entrance. 7. The petitioner shall revise curb and walk adjacent to the accessible parking spaces to surmountable curb type. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideration of a Preliminary Plat, PS #09-05, by Premier FMC, LLC, on behalf of Unity Hospital, to replat the property to allow the creation of a new lot to allow for the construction of a new medical clinic/office building, generally located at 500-550 Osborne Road NE. 3. Consideration of a Special Use Permit, SP #09-17, by Premier FMC, LLC, on behalf of Unity Hospital to allow for the construction of a medical clinic/of�ce building in an R-1, Single Family Zoning District, generally located at 500-550 Osborne Road. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Sibel. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:14 P.M. Ms. Stromberg stated the petitioner, Mr. Lee with Premier FMC, LLC who is representing Fridley Medical Center and Unity Hospital, is requesting a preliminary plat to create a new lot to allow the construction of a medical clinic/office on the Unity Hospital Campus. Ms. Stromberg stated a special use permit is also being sought to allow the construction of the freestanding medical clinic/office building in an R-1, Single Family zoning district, which will be located on the northwest side of the hospital properiy, at 500-550 Osborne Road. Ms. Stromberg stated the petitioner is proposing to construct a freestanding, two-story medical office building in the northwest corner of the Unity Hospital campus. The proposed building will be approximately 60,000 square feet in size. It is anticipated that this 60,000 square feet building will primarily be occupied by Fridley Medical Center and Virginia Piper Cancer Center. Ms. Stromberg stated as most of them may recall, Unity Hospital was granted a special use permit in October of 2008 to allow for the construction of a freestanding one-story building attached to the hospital for the Virginia Piper Cancer Center. Unity Hospital continues to see that expansion as a very positive move for the hospital, Allina, their physicians, the City, and the surrounding communities. However, Unity Hospital feels that this new, unanticipated opportunity of combining the Cancer Center with Fridley Medical Center, will provide a more coordinated and consolidated approach to the entire campus and could also enhance traffic flow on the campus. The synergies of co-locating primary care, specialty care, and cancer care in a single location allows Allina to provide more efficient patient care and bring a coordinated array of services to Fridley and our adjacent communities. Ms. Stromberg stated the subject property is zoned R-1, Single Family as are all of the surrounding properties, with the exception of the existing Fridley Medical Center property to the east, which is zoned, CR-1, General Office. The property is located on Osborne Road, east of University Avenue and is approximately 35 acres in size when including the land in which the Professional Building is located on. The hospital was originally constructed in 1965. Ms. Stromberg stated the professional building and the skyway that attaches the professional building to the hospital were constructed in 1974. There was a building addition to the professional building in 1983. All of the properties within the Unity Hospital campus are owned by the North Suburban Hospital District. Ms. Stromberg stated recently, the following special use permits have been granted to allow the expansion of the Unity Hospital campus. • In 2003, the City Council approved a special use permit to allow a 2,375 square foot expansion to the Radiation Therapy Center which is located on the south side of the hospital building. • In 2006, the City Council approved a plan for the Hospital's Emergency Department that allowed for the remodel of 11,000 square feet and an approximate 9,600 square foot addition. • In 2008, the City Council approved a special use permit to allow the construction of 19,000 square foot Virginia Piper Cancer Center. Ms. Stromberg stated Premier FMC, LLC is seeking to replat the entire Unity Hospital campus at 500- 550 Osborne Road to create a new lot, which will allow for the construction of the proposed medical office building. The proposed replat will consist of six lots: Lots lA and 1B, Lots 2A and 2B and Lots 3A and 3B, Block 1, Yet to be Named Addition. The reason the development has Lots 1, 2 and 3, split into 2 lots (A&B), is because some of the land to be replatted is Torrens property while other portions of it are Abstract. Anoka County does not allow the combination of these different types of property without first getting a Registration of Land Titles by District Court Order, which can be a lengthy process. Instead, the petitioner is choosing to identify the lots with A and B, based on whether it is Torrens property or the Abstract property, which is acceptable to the Anoka County Surveyor's office. The City will require that the lots be combined upon final plat approval to allow for the construction of the new building to occur. Ms. Stromberg stated since the property is zoned, R-1, Single Family, City code requires that the CR-1, General Office standards apply for a hospital or medical clinic office use. The petitioner has designed the project to meet the criteria set forth within the City code and it will be further analyzed in the special use permit review in this report. It should be noted though, that each parcel combined (A&B) meets the minimum lot size required forthe CR-1 zoning district. Ms. Stromberg stated hospitals and medical clinics are a permitted special use in an R-1, Single-Family zoning district, provided that code requirements related to building, site requirements and parking are met. Ms. Stromberg stated the proposed clinic office building will be located in the northwest corner of the Unity Hospital Campus. The project area is 3.84 acres in size. The petitioner is proposing to construct a 60,000 square foot medical clinic on this lot, with parking, and landscaping. Additional parking will be will located on Lot 2B. Ms. Stromberg stated a medical clinic of this size would require 240 parking stalls at a parking ratio of 1 to 250 square feet. The petitioner is proposing to construct 246 parking stalls and proof an additional 57 stalls, which is above what code would require. In order to allow for the construction of the new medical office clinic, 109 parking stalls will need to be removed. The petitioner has stated that the old Fridley Medical Center property will be exchanged for this new parcel (Lots 1 A&B), which is currently on the Unity Hospital campus. As a result, any displaced parking to allow for the construction of the medical clinic will be moved to the existing Fridley Medical Center site, which will be owned by Unity Hospital. Ms. Stromberg stated the petitioner is proposing to construct a new access to the Unity Hospital Campus via Fifth Street. The site plan submitted shows this access as a right-in/right-ouUleft-in access only. The reason for this is to attempt to restrict a westbound left turn from the site into the neighborhood. The design proposed for this access is the most ideal situation for the proposed clinic, existing hospital and the neighborhood. The hospital and clinic feel it's an essential part of the proposal for the new medical clinic office building. The reason it is essential for the access to be set-up in this manner for the neighborhood is because it eliminates the potential for vehicles to turn left into the neighborhood. Constructing an additional entrance/exit to the site will also help to divide the traffic demand for the site from the main hospital entrance and it will provide another access for emergency vehicles to both the proposed clinic site and the e�sting hospital and professional building. Ms. Stromberg stated staff analyzed whether it would be important to try and match up the new clinic/hospital entrance with 76t'' Avenue. Though in most situations, City staff would prefer to have the driveways match up, in this case, staff thinks it is more important to have them staggered. Commission and Council members may recall that the 2008 Special Use Permit issued for the construction of the Virginia Piper Cancer Institute would have placed that building right in the middle of the campus. That location would disrupt the east-west connection that currently exists on the site. The proposed location would keep the e�sting east-west connection intact, which helps with the connectivity of the site and it also provides an additional way to exist the site. Leaving the proposed access point as proposed would 0 also help to keep potential motorist out of the neighborhood by eliminating the option to cross St'' Street over to 76t'' Avenue, and then having them maneuver their way out of the neighborhood. Ms. Stromberg stated the proposed expansion meets lot coverage and setback requirements. Ms. Stromberg stated the City's 2030 Comprehensive Plan indicates that in 2005, the portion of Osborne Road adjacent to the proposed Medical Clinic carried 11,500 vehicles per day. Osborne Road is considered a four-lane undivided roadway, which is designed to carry between 18,000 and 22,000 trips per day to function at a Level of Service (LOS) D. At the 2005 traffic level Osborne Road is carrying under the amount of traffic the roadway was designed and constructed for. The 2030 Comprehensive Plan anticipates that Osborne Road is this location will be carrying over 16,200 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 16,200 vehicles per day, Osborne Road will still be considered under the requirements for a LOS D roadway. However, Anoka County is requiring that additional right-of-way be dedicated with this plat, to ensure that the additional land is available to eventually expand the roadway. Ms. Stromberg stated the petitioner had SRF Consulting Group, Inc., perform an operations analysis related to the proposed project. The consultants performed a trip generation analysis based on the methods and rates published in the 2003 ITE Trip Generation Manual. The consultants used the medical office space category in the ITE manual to determine that the proposed medical office clinic would generate approximately 138 a.m. peak hour trips, 208 p.m. peak hour trips, with a total of 2,168 daily trips. They note that part of the intent of the proposed building is to reorganize uses that are currently on- site to the new facility and not solely to add new services that were not already being accommodated on- site. While this may result in a lower vehicular trip generation estimate, they have conducted their analysis as if the proposed building was all new with all new trip generation to represent worse case scenario. Ms. Stromberg stated the consultant also analyzed current traffic data and compared it to year 2011 year build conditions, if the medical clinic was constructed. To forecast for the 2011 traffic patterns, they reviewed historical growth patterns in the area and then an annual background growth rate of '/2 percent was applied. The analysis is highlighted in the table below, based on both a.m. and p.m. peak hours. Based on the information provided, the amount of traffic will increase at the key intersections into the Unity Hospital Campus; however, despite the increase the intersections are still operating at a Level of Service C or better. The consultant states that, based on their review and understanding of the existing field observations, the proposed medical office building will not have an adverse impact on the adjacent roadway network or overburden the adjacent neighborhood with additional traffic. It should be noted however, that the traffic on the very northernmost part of St'' Street (north of 76t'' Avenue) will increase significantly under the built condition. The reason for the increase is because there will be new motorists turning on St'' Street from Osborne Road to get to the Unity Hospital campus and motorists leaving the campus on St'' Street going north to Osborne Road. This activity has not been seen prior to the installation of the new access point. It should also be noted that the consultant analyzed potential impacts to the Lyric Lane access and based on their findings, there will be no change in the amount of a.m. and p.m. peak users. 7 Ms. Stromberg stated the City has heard back from the Anoka County Highway Department and they will not be requiring additional right-of-way, along Osborne Road. The County has articulated that signalization will not be warranted at the Osborne Road/St'' Street intersection because it's too close to the signal at University Avenue and Osborne Road. City staff has stipulated that the petitioner meet any and all requirements set forth by the Anoka County Highway department. Ms. Stromberg stated City code requires that a five (5) foot sidewalk easement be provided along all property lines when the property is adjacent to a public right-of-way or across from residential. The Council may allow the petitioner to delay installation of the sidewalk if the petitioner signs an agreement that it will be constructed when the City requires the installation. As a result staff has stipulated that sidewalks be installed along St'' Street, Lyric Lane, and Madison Street and has developed a timeline for that installation. Ms. Stromberg stated the petitioner has illustrated that storm water management for the site will be handled using a standard pond/surface drainage system that is proposed to be located south of the new parking lot. It is also being designed to meet the watershed's requirements for rate, quality, and volume control. Ms. Stromberg stated City Staff recommends approval of the preliminary plat request, with stipulations as the proposed lots meet minimum standards. City Staff recommends approval of this special use permit, with stipulations as clinics are a permitted special use in the R-1, Single Family zoning district, provided that the proposed expansion complies with the code requirements, subject to stipulations. Ms. Stromberg stated staff recommends that if the preliminary plat and special use permit are granted, the following stipulations be attached: 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of building permit. 8. The subject property shall be maintained free of any and all construction debris. 9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. No future additions/expansions on this site shall occur that would consume more land area, without a strategic plan for structured parking. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5-foot easement and sidewalk along St'' Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staf£ [Staff recommends] Installation of St'' Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. : 14. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 15. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right- of-way shall be approved by the County prior to planting. 17. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. Commissioner Oquist asked regarding Stipulation No. 8, the subject property shall be maintained free of any and all construction debris when they are constructing, how do they do that? Ms. Stromberg replied, this stipulation has been carried over on all of the Unity Hospital special use permits. It goes back to garbage and construction debris flying around the neighborhoods and complaints the City has received. It is just a blanket stipulation the City has always included on the Unity Hospital special use permits. It relates more to litter, etc. Commissioner Oquist asked whether that stipulation could be worded differently? He reads it as construction material on-site. Ms. Stromberg replied, that is not staff's intent. Commissioner Oquist stated, possibly have it read, "contained on construction site." Ms. Stromberg replied, sure. Commissioner Velin asked regarding Stipulation No. 13, why do they have to go to Rice Creek Watershed? Scott Hickok, Community Development Director, stated it is another government agency that requires review and approval on projects within the jurisdiction that they govern. It is not something the City does optionally; it is something that is required for the project. Chairperson Kondrick stated when you start adding parking lots, you have to find some way to manage the water. You do not want to have any problems with water. Commissioner Sielaff asked regarding the traffic patterns, Fifth Street will not have a signal. Will people be able to access the existing signal okay? Ms. Stromberg, yes they will. Chairperson Kondrick asked so you will be able to exit the site a couple of ways? One being through the traffic signal which is already there and then going over to Fifth Street and making a right-hand turn. 0 Commissioner Sielaff asked what is the main cause for the additional traffic on Osborne by 2030 going up that much? Where does that come from? It is not just from Unity, is it? Ms. Stromberg replied, development further north of Fridley, redevelopment within Fridley, and the communities just north of Fridley is where those numbers from. Commissioner Sielaff asked what is Level Service D vs. C? Mr. Hickok replied there are grade levels in traffic analysis just like in school although you would think a D is not satisfactory, it is satisfactory on street performance. As a matter of fact it is not unusual for a street to perform at a Level D. For example, when we talk in the comprehensive plan about projected traffic on certain roadways, Level D becomes a benchmark, an acceptable standard. If you venture below a Level D then you are looking at a fair amount of modifications for a signalization, whether it is widening an intersection with turn lanes or even additional lanes, other modifications typically will happen once you venture below Service Level D. Level of Service D is a service level you will see quite often in Fridley's reports because staff uses that benchmark as do engineers and ITE standards. Though many of the roadways perform at much higher levels, again it is not unusual at all when you get towards the anticipated capacity of a roadway that it will perform at that level. Commissioner Sielaff stated so a Level C you would see less change and modifications to handle the traffic. Mr. Hickok replied, yes, it really just has to do with your movement through intersections, the amount of time for a signalized intersection, and there are a number of different variables that go into it. It is not just the number of cars. Commissioner Oquist asked regarding the existing roadway that is kind of like in the middle of the complex, west of the signal light, would that remain? Ms. Stromberg replied, yes, that would remain. Commissioner Oquist stated so you have the exit at the lights, the enter only off of Osborne Road, and then you have Fifth Street. Ms. Stromberg replied, yes, and you can enter/exit on Madison Street. Jim Winkels, Amcon Construction, stated the project has now been shifted from the Columbia Arena site over to the Unity campus primarily because of the new opportunity to combine the number of different uses together on this site. To clarify things the hospital grounds/building are actually owned by North Suburban Hospital Association which is going to effectively swap property with the Fridley Medical Center owned by Multicare Associates. The new building will then rest over on the northwest corner, just immediately north of the Unity Professional Building. The major occupants of that building will be the Fridley Medical Center primary care clinic which will take up about half the building, one-forth of the building will be Minnesota Oncology, a piece will be taken up by the Virginia Piper Cancer Institute, and there will be a few other medical-related entities going into the project. There is a tremendous amount of cooperation between the real estate ownership and also the medical relationships going on in this one building. The old Fridley Medical Center building will be demolished when this is all done and become a parking lot. They would like to get this into the ground in December so the building will be available next summer. 10 Chairperson Kondrick asked Mr. Winkels if he and his associates are in agreement with the 19 stipulations? Mr. Winkels stated there are a couple that they would just like to have clarified. Regarding stipulation No. 10, regarding any future expansion or addition requiring a strategic plan for structured parking. They talked about it with Allina, North Suburban, and Multicare. The only issue there is, that it refers to any kind of addition requiring a strategic plan for structured parking which means a ramp, etc. There could be lots of very small additions or remodels, etc. that would not require any additional parking on the site. However, by this particular stipulation it would require that even the smallest size addition plan or construct some kind of strategic plan for structured parking. As they talked with staff, everybody understands that any future addition we would need to look at parking. However, they would hope, for example, a 500-square foot addition wouldn't require a parking ramp when there is no additional parking even required. He did not think that is a big issue. Chairperson Kondrick replied, no, he did not think so either. Commissioner Saba asked, what does a strategic parking plan mean? Mr. Winkels stated regarding the sidewalks and when they go in and staff is recommending a staggering timeline that is just a matter of Multicare, Allina, North Suburban Hospital Association, and Premier people working together and paying for that, etc. Chairperson Kondrick stated he does recognize a need for that. Mr. Winkels replied, absolutely, they recognize the need. They need to discuss and approve that themselves. Other than that he thinks the stipulations are fairly typical ones. They understand about the construction and that they have to police the site and pick up materials at the end of the day. They cannot have things blowing around. Mr. Winkels stated regarding the landscaping, Ms. Stromberg is correct. They submitted a plan that showed landscaping around the property. At the time they submitted it, they said they know it will meet the requirements of the City; but they have also showed everybody else that they will be working with the staff and with everybody connected to this project relative to additional planting, screening, and they have done that. In essence what they are talking about is saving a number of trees and then planting a lot more trees. By the ordinance there are 68 trees required, and they are showing 138 trees. They can have the architect go through the entire landscaping plan. They can also give the neighbors copies of the plan who are concerned with the landscaping. MOTION by Commissioner Saba to receive two letters: [1] dated November 2, 2009, from Richard Nordlund (Excel Realty Holdings) and [2] Bruce and Brenda Kivi, 7574 Fifth Street NE. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Steve Oltman, 7542 Fifth Street NE, stated he was surprised when he got the letter in the mail and there wasn't more detail about the project on it. He came into City Hall to get more information. Since he has had time to think about it, it seems a little better. His biggest concern is back in the mid-1980's when they expanded the parking lot, he was led to believe they were going to get a little more of a berm to shield the neighborhood from the hospital and it didn't happen. 11 Chairperson Kondrick asked Mr. Oltman where is he located in relation to the hospital? Mr. Oltman replied, on Fifth Street. There are only houses on the west side of Fifth Street. He believes there will be an increase in traffic on Fifth. He thinks they are going to get quite a few people going south, and they speed down that road now. It is kind of like an access to all the curved streets. Commissioner Oquist asked Mr. Oltman if he noticed on the petitioner's plan they are going to be berming that whole side on Fifth Street and planting all those trees so that would take care of his concern about screening. Chairperson Kondrick stated they are going to be putting in a berm on that whole stretch. As you come out of there, you can only make a right hand turn so they are going to try to prevent a lot of stuff going Mr. Oltman's way. Mr. Hickok stated regarding the question about the meaning of a strategic parking plan mean. The stipulation talks about a strategic plan, it does not necessarily talk about building the parking at this time. There were special use permits issued in 2003, 2006, and then 2008, which were additions to the campus, and we talked about parking then and the fact that additional density/building on the site does minimize the parking potential and at some point they are going to have to talk about structured parking. At the point where parking needs to be structured, the City wants to make sure they have a plan for that. That stipulation really talks about a strategic plan, not necessarily about building the parking at that time. If the Commission feels so inclined and based on Mr. Winkels' statement, maybe it could be worded and instead have Stipulation No. 10 say, "Future additions/expansion on this site shall be analyzed by staff to determine need for a strategic plan for structured parking. If additional parking is required based on that analysis, a plan will need to be provided by petitioner." Something to that effect. Chairperson Kondrick stated that make sense. If they build another building there, where are they going to accommodate parking. Commissioner Saba asked what does staff inean by structured parking? Mr. Hickok replied, structured parking is something other than on the flat. Medtronic World Headquarters has structured parking. It is basically a parking deck. So that it is going to be likely more than one level. A deck or a ramp. Mr. Hickok presented a November 18, 2009, e-mail from Richard Nordlund to Jim Winkels stating they have confirmed an agreement to proceed on the Fridley Medical Center site. He thought this was interesting and pertinent to this situation because the reason for the delay with the public hearing was because there was an issue about easement for parking. He thinks this really kind of closes the loop on that issue. Commissioner Oquist asked whether this was in response to the letter the City received from Mr. Nordlund? Mr. Hickok replied, yes. MOTION by Commissioner Oquist receiving the November 18, 2009, e-mail (second correspondence) from Richard Nordlund to Jim Winkels stating they have confirmed an agreement to proceed on the Fridley Medical Center site. Seconded by Commissioner Saba. 12 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Kondrick stated one of the letters the City received had to do with landscaping, trees, parking, etc. He asked if someone from the petitioner's group could talk to them about that? Mark Huss, Amcon Construction, stated to address the concerns, they have commissioned their landscape architect to redo the plans. They basically doubled the number of trees from their previous submittal plan, placing the majority of those trees along the west side, along Fifth Street. Some of the existing trees will remain, they are planting 55 new shade trees on the whole site, 27 of which will be along Fifth Avenue. Also, 64 new pine trees and all of those will be planted along Fifth Street. Finally, they have quite a few shrubs that they are also planning to plant. And as was mentioned they have a three-foot berm along the entire landscaping area between the parking and Fifth Street in order to deflect the headlights crossing the street. Commissioner Sielaff asked the staff what are they looking for in this situation? Are they looking at various diameter trees? He is talking about larger trees. Ms. Stromberg replied, Code requires 2.5-inch in diameter on the deciduous trees and then a minimum six-foot high on the conifers. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:08 P.M. Commissioner Oquist stated it is a nice project and with all the stipulations attached it seems to be under control. He thinks it would be good use of that property and it is facing Osborne. Chairperson Kondrick stated he thinks those stipulations are of benefit to the City as well as the petitioner. Commissioner Saba stated he did not have any problem with this. Commissioner Sibel asked how far out do we send letters of communication? Ms. Stromberg replied, state statute requires the City to send notices to those properties within 350 feet from the properiy. Mr. Oltman received a public hearing notice but in the notice the City does not provide a lot of detail, they simply say the petitioner is requesting a preliminary plat for this reason and a special use permit for this reason; but we do not go into a lot of detail. Commissioner Sibel asked how far into the Melody Manor neighborhood do the notices go? She is surprised that there are not more people from the immediate community at the meeting tonight. Commissioner Oquist commented he thinks the reason is that it is on Osborne Road, not on the back of Unity Hospital. Mr. Hickok stated regarding Stipulation No. 8, he offered a minor modification, to change the word from "debris" to "litter" and then just too simply say, "The construction materials must be properly contained." 13 MOTION by Commissioner Oquist approving Preliminary Plat, PS #09-05, by Premier FMC, LLC, on behalf of Unity Hospital, to replat the property to allow the creation of a new lot to allow for the construction of a new medical clinic/office building, generally located at 500-550 Osborne Road NE, with the stipulations as follows: 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of building permit. 8. The subject property shall be maintained free of any and all construction litter. All construction materials shall be properly managed on site to avoid neighborhood impacts. 9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. Future additions/expansions on this site shall be reviewed by City Staff and a determination shall be made regarding the need for a strategic plan for structured parking. If sufficient additional parking is required based on the addition, a structured parking plan will be required. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5-foot easement and sidewalk along Sth Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staf£ [Staff recommends] Installation of St'' Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 14. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 15. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right- of-way shall be approved by the County prior to planting. 17. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. Seconded by Commissioner Saba. 14 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Oquist approving Special Use Permit, SP #09-17, by Premier FMC, LLC, on behalf of Unity Hospital to allow for the construction of a medical clinic/office building in an R-1, Single Family Zoning District, generally located at 500-550 Osborne Road with the stipulations as follows: 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of building permit. 8. The subject property shall be maintained free of any and all construction litter. All construction materials shall be properly managed on site to avoid neighborhood impacts. 9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. Future additions/expansions on this site shall be reviewed by City Staff and a determination shall be made regarding the need for a strategic plan for structured parking. If sufficient additional parking is required based on the addition, a structured parking plan will be required. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5-foot easement and sidewalk along Sth Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staf£ [Staff recommends] Installation of St'' Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 14. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 15. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right- of-way shall be approved by the County prior to planting. 17. Storm water management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. 15 Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the October 14, 2009, Appeals Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:15 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 16 � � CfTY OF FRIDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 7, 2009 November 30, 2009 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Special Use Permit Request, SP #09-15, Kurt Manufacturing — 7585 Hwy 65 INTRODUCTION The petitioner, Larry Frandson, on behalf of Kurt Manufacturing, is seeking a special use permit to allow limited outdoor storage of wire baskets and plastic pallets in the side or rear yard of the property located at 7585 Hwy 65. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 81,865 square feet, so City code would allow up to 40,932 sq. ft. of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located behind the existing propane tanks and is 560 sq. ft. in size. The second area is in the rear yard, behind the existing building and is 1,944 sq. ft. in size. Both areas combined are 2,504 square feet which is well below what code would allow for outdoor storage space on this site. Outdoor storage area #1 will be for storage of wire baskets and outdoor storage area #2 will allow for storage of wire baskets and plastic pallets. PLANNING COMMISSION RECOMMENDATION At the November 18, 2009, Planning Commission meeting, a public hearing was held for SP #09-15. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #09-15, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Storage trailer and any other unscreened existing outdoor storage on this site shall be removed within 30 days of issuance of this special use permit. 2. Outdoor storage area #2 shall need to be screened at which time the lot east of the subject property is developed, to ensure that iYs not visible from the Central Avenue public right-of-way. 3. /f a parking shortage occurs on the site, the petitioner shall install the designated proof of parking. 4. No outdoor storage other than the storage of items used by petitioner's business shall exist on the site. 5. No outdoor retail display shall take place on site. 6. The petitioner shall re-locate new accessible parking stall on turnaround to the east side of the turnaround, just south of the main walk entrance. 7. The petitioner shall revise curb and walk adjacent to the accessible parking spaces to surmountable curb type. City of Fridley Land Use Application SP #09-15 November 18, 2009 GENERAL INFORMATION Applicant: Kurt Manufacturing Larry Frandson 7585 Hwy 65 N E Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials. Existing Zoning: M-4 (Manufacturing Only) Location: 7585 Hwy 65 Size: 209,152 sq. ft. 4.8 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Commercial & Industrial & C-3 & M-1 E: Industrial (vacant land) & M-4 S: Commercial (Friendly Chev) & C-3 W: Hwy 65 & ROW Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.20.01.C.2 requires a special use permit to allow limited outdoor storage. Zoning History: Lot hasn't been platted. 1964 — Factory building constructed. 1968 — Building addition. 1969 — Building addition. 1972 — Building addition. 1974 — Variance approved to reduce the rear yard setback from 25 ft. to 13 ft. and to reduce the hard surface setback from 5 ft. to 0 ft. 1974 — Building addition. 1995 — Variance approved to reduce the side yard setback from 15 ft. to 5 ft. on the south side of the property. 1995 — Dock addition. Legal Description of Property: The west 5 acres of the North 310 ft. of the South 370 ft. of North 1120 ft. of the NE'/4 of the NW'/4 of Section 12, Township 30 Range 24, except road, subject to easement of record. SPECIAL INFORMATION Public Utilities: Building is connected. Transportation: The property is accessed from Hwy 65 Service Road. Physical Characteristics: Building, hard surface parking areas with very little landscaping. SU M MARY OF PROJECT The petitioner, Mr. Frandson, on behalf of Kurt Manufacturing, is seeking a special use permit to allow limited outdoor storage of wire baskets and plastics pallets within the side and rear yard of the property located at 7585 Hwy 65. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-4, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council — December 7, 2009 60 Day — December 14, 2009 Staff Report Prepared by: Stacy Stromberg SP #09-15 REQUEST The petitioner, Larry Frandson, on behalf of Kurt Manufacturing, is seeking a special use permit to allow limited outdoor storage of wire baskets and plastic pallets in the side or rear yard of the property located at 7585 Hwy 65. HISTORY AND ANALYSIS In 1997, the City of Fridley changed the zoning of the subject parcel and the parcel to the east from M-1, Light Industrial to M-4, Manufacturing Only. This rezoning also involved several other industrial parcels and was done to assure that the remaining industrial parcels in the City were preserved for manufacturing instead of warehousing. In doing this, the City would help protect surrounding neighborhoods and roadways from heavy truck traffic, which is common to industrial warehouse developments. � �� � � � � � _ _� _� _� -F.>� - � �� �� ``x �,�� ,: � =�w�� ���' ����� x .. ��.��� �'��� , As a result, the property is zoned M-4, �, ��'.°���� ���, '_ - _� Heavy Industrial as is the parcel to the i��� �� � east, which is also owned by Kurt ����'��` �'�im � ��� = � = �� - Manufacturing. There are commercial ��`�" � -- ,,.�� ,_ and industrially zoned properties to the ���"�' -i��; north and commercial ro ert Friendl -' p p Y� Y 1��� ��vn���l �, �T ��.1�5�� Chevrolet) to the south. Hwy 65 borders - — the property to the west. It is located on Hwy 65, south of Osborne Road. The property was originally developed with the construction of a manufacturing building in 1964. Several additions have been constructed to that original building since 1964. The property was also granted two variances. The first variance was granted in 1974, to reduce the rear yard setback from 25 ft. to 13 ft. and to reduce the hard surface setback from 5 ft. to 0 ft. Granting this variance resulted in the construction of a building addition. A variance was also granted in 1995, to reduce the side yard setback from 15 ft. to 5 ft. on the south side of the property, to allow for the construction of a shipping dock facility. That facility was then constructed in 1995. As you are aware, this summer the City's Community Development department has hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff's attention during those systematic inspections. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 81,865 square feet, so City code would allow up to 40,932 sq. ft. of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located behind the existing propane tanks and is 560 sq. ft. in size. The second area is in the rear yard, behind the existing building and is 1,944 sq. ft. in size. Both areas combined are 2,504 square feet which is well below what code would allow for outdoor storage space on this site. Outdoor storage area #1 will be for storage of wire baskets and outdoor storage area #2 will allow for storage of wire baskets and plastic pallets. Before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Based on the breakdown of uses within the building, which was provided by the petitioner, parking required for this site is 204 parking stalls. The site currently has 138 parking stalls; however, the petitioner has room to proof the additional 66 parking stalls if the need for them is ever warranted. Staff is comfortable with this solution, because parking has never been an issue on this site and the site has adequate space to allow additional parking if it's ever needed. The location of the proposed storage areas are hidden from the public right-of-way; therefore, meeting code requirements. The petitioner has recently installed privacy screening in their existing south fence, to further screen the outdoor storage areas from neighboring properties. The proposed site plan meets all other code requirements. City staff hasn't heard from any neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-4, Manufacturing Only zoning district, provided specific code requirements are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Storage trailer and any other unscreened existing outdoor storage on this site shall be removed within 30 days of issuance of this special use permit. 2. Outdoor storage area #2 shall need to be screened at which time the lot east of the subject property is developed, to ensure that iYs not visible from the Central Avenue public right-of-way. 3. /f a parking shortage occurs on the site, the petitioner shall install the designated proof of parking. 4. No outdoor storage other than the storage of items used by petitioner's business shall exist on the site. 5. No outdoor retail display shall take place on site. 6. The petitioner shall re-locate new accessible parking stall on turnaround to the east side of the turnaround, just south of the main walk entrance. 7. The petitioner shall revise curb and walk adjacent to the accessible parking spaces to surmountable curb type. RESOLUTION NO. 2009 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09-15 FOR KURT MANUFACTURING INC., 7585 HWY 65 NE WHEREAS, Section 205.20.O1.C.2 of Fridley City Code allows limited outside storage in an M-4 zoning district by a special use permit if certain conditions can be met; and WHEREAS, on November 18, 2009, the Fridley Planning Commission held a public hearing to consider a request by Kurt Manufacturing Inc., generally located at 7585 Hwy 65 NE in Fridley, legally described as The West 5 acres of the North 310 feet of the South 270 feet of the North 1120 feet of the Northeast '/4 of the Northwest '/4 of Section 12, Township 30, Range 24, except road, subj ect to easement of record, for a special use permit SP# 09-15 for limited outside storage; and WHEREAS, on December 7, 2009, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP# 09-15; and WHEREAS, the petitioner, representing Kurt Manufacturing, was presented with Exhibit A, the stipulations for SP# 09-15, at the December 7, 2009 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 09-15 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7tn DAY OF DECEMBER, 2009. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 09-15 Special Use Permit for Limited Outdoor Storage Kurt Manufacturing Inc., 7585 Hwy 65 NE, Fridley, MN Stipulations 1. Storage trailer and any other unscreened existing outdoor storage on this site shall be removed within 30 days of issuance of this special use permit. 2. Outdoor storage area #2 shall need to be screened at which time the lot east of the subj ect property is developed, to ensure that it's not visible from the Central Avenue public right- of-way. 3. If a parking shortage occurs on the site, the petitioner shall install the designated proof of parking. 4. No outdoor storage other than the storage of items used by petitioner's business shall exist on the site. 5. No outdoor retail display shall take place on site. 6. The petitioner shall re-locate new accessible parking stall on turnaround to the east side of the turnaround, just south of the main walk entrance. 7. The petitioner shall revise curb and walk adjacent to the accessible parking spaces to surmountable curb type. � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 7, 2009 William W. Burns, City Manager James Kosluchar, Public Works Director December 7, 2009 Approve consultant selection for Project No. 389 SPRING Project ' �• ��� This item was tabled from the November 16 City Council meeting. The City Council wanted to understand the City staff's time commitment to completion of this project. I have reviewed time allocations for this project in more depth, and believe that we should have roughly 30 hours of staff time between the Nature Center Director and me to complete this work. This is roughly half of what I estimated for the Council at their meeting. I was hopeful that we would have a final agreement with Hoisington Koegler Group for you at this meeting. We still have some details to modify to bring you an agreement ready for approval. The City Manager has recommended that this item be tabled until an agreement can be presented to the City Council. This can likely be completed for the December 14 City Council meeting. Staff therefore recommends tabling this item until the next meeting. JPK/jpk � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 7, 2009 ��F COMMISSION APPOINTMENT FRIDLEY Name Commission Term Expires Stephen Eggert Housing & Redevelopment Authority June 9, 2010* (*Normally a five-year term; however, Mr. Eggert will be completing the term of Steven Billings who resigned.) � AGENDA ITEM � COUNCIL MEETING OF DECEMBER 7, 2009 � �F CLAI MS FRIDLEY CLAIMS 144104 - 144301 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 7, 2009 ��F LICENSES FRIDLEY TYPE OF LICENSE: APPLICANT: APPRQVED BY: Mana erial Li uor Dis ensin Pantelis Christos Charakas Public Safe Shorewood Bar and Grill Managerial Liquor Dispensing Evonne E Tauer Public Safety Shorewood Bar and Grill Managerial Liquor Dispensing Christian D. Nicklow Public Safety Shorewood Bar and Grill Recycling & Solid Waste Richard R. Krawczewski Public Safety Provider City Clerk Community Development � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 7, 2009 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Albers Mechanical Contractors Inc Heatin Beck Gerlach Ron Julkowski, CBO Albers Mechanical Contractors Inc Gas Beck Gerlach Ron Julkowski, CBO Allina Health Systems Commercial or Denis Marek Ron Julkowski, CBO S ecialt Brothers Mfg Commercial or Clay Kendhammer Ron Julkowski, CBO S ecialt Industrial Equities LLP Commercial or Jeff Salbrun Ron Julkowski, CBO S ecialt Landwehr Construction Inc Excavatin Michael Lohrman Ron Julkowski, CBO Metro Air Inc Heatin Nanc Scheele Ron Julkowski, CBO Metro Air Inc Gas Nanc Scheele Ron Julkowski, CBO O timum Mechanical S stems Heatin Randol h Peterson Ron Julkowski, CBO Patton Heatin & Air Cond Inc Heatin Shannon Patton Ron Julkowski, CBO Si n Maintenance Li htin & Inc Si n Sharon Lawrance Ron Julkowski, CBO The Snellin Co., Inc Heatin Rae Kell ren Ron Julkowski, CBO Total Comfort Heatin Beth Quist Ron Julkowski, CBO Total Mechanical Services Heatin Bruce P lkas Ron Julkowski, CBO Total Mechanical Services Gas Bruce P lkas Ron Julkowski, CBO Weld & Sons Plumbin Heatin Donald Weld Ron Julkowski, CBO � � �ffY �F FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 7, 2009 ESTI MATES Ellingson Drainage, Co. P.O. Box 68 West Concord, MN 55985 2009 Watermain Rehabilitation FINAL ESTIMATE .................................................................. Ron Kassa Construction 6005 East 250 Street Elko, MN 55020-9447 2009 Miscellaneous Concrete Repair Project No. 384 EstimateNo. 5 ............................................................................... Midwest Asphalt Corporation 5929 Baker Road, Suite 420 Minnetonka, MN 55345 2008 Street Reconstruction Proj ect No. ST. 2008 — 1 EstimateNo. 9 ............................................................................. $ 58,650.66 $ 8,736.20 $ 23,465.52 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 7, 2009 �ffY �F FRIDLEY INFORMAL STATUS REPORTS