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12/14/2009 - 4553� � CITY COUNCIL MEETING OF DECEMBER 14, 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. BOARD OF CANVASS Receive and Certify the Statement of Canvass from the Special Election of December8, 2009 ..................................................................................................... 1- 4 CITY COUNCIL MEETING PRESENTATION: Fire Department: Fire Explorer Program APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Approve Joint Powers Agreement between the City of Fridley and County of Anoka for the Intersection Improvements at East River Road and 61St Avenue N.E. (Ward 3) .......................................................................... 5- 10 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution Authorizing Changes in Appropriations for the 2009 Budget for August through November, 2009 ....................................................................... 11 - 12 3. Resolution of Support for High Speed Broadband Connectivity in Anoka County....................................................................................................... 13 - 17 4. Claims (144304 — 144418) ................................................................................ 18 5. Licenses ............................................................................................................ 19 - 25 6. Estimates ........................................................................................................... 26 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. OLD BUSINESS: 7. Approve Consultant Selection for Project No. 389 SPRING Project (Tabled December 7, 2009) ................................................................................................................. 27 - 36 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 3 NEW BUSINESS: 8. Resolution Certifying Final Tax Levy Requirements for 2010 to the County of Anoka................................................................................................................ 37 - 38 9. Resolution Adopting the Final Budget for the Fiscal year 2010 ..................................................................................... 39 - 41 10. First Reading of an Ordinance Amending Chapter 11, General Provisions and Fees, of the Fridley City Code ..................................................................................... 42 - 43 11. Resolution Approving the Amendment of the City of Fridley Educational Facilities Revenue Note, Series 2002, and the Loan Agreement Relating Thereto Authorizing the Execution of Documents in Connection Therewith (Totino-Grace High School Project) ................................................................... 44 - 47 12. Preliminary Plat Request, P.S. #09-05, by Premier FMC, LLC, on Behalf of Unity Hospital, to Replat Property to Allow the Creation of a New Lot to Allow for the Construction of a New Medical Clinic/Office Building, Generally Located at Osborne Road and Fifth Street (Ward 1) ........................................................... 48 - 63 13. Special Use Permit Request, 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 Osborne Road and Fifth Street; and Resolution Approving Special Use Permit, SP #09-17, for Premier FMC, LLC, Generally Located at 500-550 Osborne Road N.E. (Ward 1) ............................................. 64 - 71 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 4 NEW BUSINESS (CONTINUED): 14. Resolution Approving Recycling Service Fees .................................................. 72 - 73 15. Resolution Providing for Sewer Structure and RateChange ..................................................................................................... 74 - 75 16. Resolution Providing for Water Structure and RateChange ..................................................................................................... 76 - 77 17. Informal Status Reports ..................................................................................... 78 ADJOURN. � � �ffY �F FRIDLEY T0: FROM: AGENDA ITEM BOARD OF CANVASS MEETING DECEMBER 14, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLERK SUBJECT: CANVASS REPORT OF SPECIAL ELECTION —DECEMBER 8, 2009 DATE: December 10, 2009 A special election was held on Tuesday, December 8, 2009, to determine the outcome of the charter amendment adopted by Ordinance No. 1260 which would allow for a special election and change the voter requirement needed to approve a request. Attachment 1 is the Statement of Canvass for this election. State Law states that the City Council must canvass the results of the primary election within 7 days of the election. There were 15,318 registered voters registered at 7:00 a.m. and 30 Election Day registrations giving us a total number of 15,348 registered voters. Of the total number of registered voters, 2,352 voters cast a ballot providing for an average voter turnout of 15%. All of the ballots cast voted yes or no with no blank or over-voted ballots. 936 votes were cast in favor of the amendment and 1,416 votes were cast against the amendment, thereby defeating the amendment and rescinding Ordinance No. 1260. Staff recommends a motion accepting and certifying the results of the election. � O O � N o � o0 � v� �. � � � � U U � y� N � O Q � � O .� w � '� o � °' �W �� U ; � a� �7 a� �. � � � O .� � a� � d � � P� �. � � � U � N �--� O � �i--I � S--i N � � % � � r--� N . � � O � P� � � � � � � � U � O � � 4-i O �. 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O O P1 W'� x'� Z' U � � � � � � � S" � � N � � � ��-, H W Q H � U * � � � � � •� � � �. � Z N M�CJ'T' ��,�, � � � � 0 � � � � � � ��-, Py H C�/� Q M � * �"r N � � � * �� '� �' ° ro '� °},' � � � � � � o � P� 0. a� Z�� E� � M �+ � ^� , 4? V] cC � �.� � c'�C� �,c�..`�. �� U °�P-��0.�1� N � U * * � �' �"r �"r �.' N �U � y„� y,�„ O ',� y,�,� , d? N O p, x'�z ° ,� M ~' �, � N a � � � ��.�.�� `� o � �'� � � �' "30. 0.C7�' °ti'v� ° � U * ..�.' * � N�! N�" NH +�- �". S�. �" � � � 0 �; N a p � �, cC �) ,� � M � �i �• � N a P� � �� c� �y..� +� i� � N O ,�' cC � N � � � V� � � � ��-, � � Q x h � � a � � N x � � ..� � �^ J � � � � a� � ti � "� �. � � S-. N � a� .� 0 v � � � � U � � O � � � O � � U � � N "� �. � � S--i N � a� .� 0 v �' a� � � A� � � 0 a � a� ap � � � �. � � N .� � � U H � H � � O ,� O � � � � � M "� �. � � S--i N � a� .� 0 v � N U � U � 0 x � � � �. � Q M � � � I � � � � U � 0 � a� � � � � 0 0 N � � CffY OF FRIDLEI' TO: From: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 William W. Burns, City Manager James P. Kosluchar, Public Works Director December 14, 2009 PW09-072 Approve Joint Powers Agreement Number 2009-0591 with Anoka County for East River Road and 61St Way Intersection Improvements As we discussed earlier in the year, Anoka County accelerated replacement of the traffic control signal at East River Road and 61St Way in 2009, as federal funding became available for upgrade of the signal and intersection. According to City records, this signal was originally installed at the request of School District 14 in 1970, and was upgraded last in 1989. School District 14 currently pays for the annual operation of the signal. Concerns regarding the northbound left turning movement into the school, and future southbound left movements into the proposed Northstar Rail Station were the impetus for the signal upgrade at this time. The project is currently under construction, with completion expected in the next month. We are not aware of any change orders increasing the cost of construction over the federal funding that is available for the project, and therefore expect that the cost of the project to the City of Fridley will be zero. However, if changes in the work required occur, the City of Fridley will match 25% of any amount over the available federal funding, in accordance with the attached agreement. The City of Fridley would contribute to the project using Minnesota State Aid System funding dedicated to the City's street system. Maintenance responsibilities for the signal would remain the same as in the existing signal agreement. Staff recommends the City Council move to approve the attached Joint Powers Agreement with Anoka County for Intersection Improvements of CSAH 1(East River Road NE) at 61St Way NE, in the City of Fridley. JPK:jpk Attachments Anoka County Cantract I�To.2009-D591 JO�NT POWERS AGR�EMENT FOR INTERSECT�ON �MPROVEMENTS OF CSAH 1(EAST llt.ICVER ROAD NE) AT 61�� WA"Y NE, �N THE CITY OF FRTDLEY PRO.�ECT 1�T0. S.P. �2-601-4� THIS AGREEMENT is made and enterec�. inta ihxs day of , 2009 by and between the County o�'Anoka, a poli�ical subdivzsion o��he State o�`Min�esota, 2100 Third Avenue, Anoka, Miz�zaesota SS303, hereinafter referred to as "Caun�y" and with thc City of FridTey, 6�31 University Avenue NE, �rid�ey, MN 55432, hereinafter refez-ared to as "City". WZTNESSETH WHEREAS, t1�e pa.rties to this agreement agree it zs in the best i�tterest of the �ra�eling public to improve CSAH 1(East Riv�r Road NE} and Gl$t Way NE as snon as possibl�; and, WHEREAS, said parties mutually ag�'ee �hai CSAH i(East River Raad NE) a�d 6I St Way NE is in need of recons�t-�ction; and, WHEREAS, said parties mutuaTly agree that a t�a��c signal an CSAH 1 and ihe entrance of the �'ridley Northstar Cvmnauter Rail �tation is warranted ancl desirable �'or sa% access to/from the school far vehicles and pedestrians; and, WHEREAS, Anoka Co�nty has jurisdiction over CSAH 1; and, WHEREAS, the County has received a state grant tk�ough the Anflka County Cor�m��zity Develap�ent Black Grant {CDBG) Funds io pay for a po�tian o£tl�is projeet; and, WHEREAS, the parties ag�'ee �hat i� is in their best i�terest tha� the cost of said projeci be sha�red; and, Whereas, Minn. Stat. § 47�.59 authorizes polirical subdivisions of the state to entear intv joint �owers agreeme�fs �or the joint cxercise of powers co�man to eaeh. NOW, T�EREFORE, �T IS MUTUALLY STiPULATED AND AGREED: I. PURP4SE The pat�ies have joined to�ether for the puzpase o�reca�stnxctin� roat�way and traffic cantaro� on CSAH 1 and 6� Sk Way NE. The Caunty project number for the reconstruction is S.P. 02-601-44. Said engineering plans xurnbered �.P. 02-601-44 are filed in t�e a��ice o�t�e Anaka Caunty Highway De�artment a�d incorpnrated herein by reference. P:1�2-501-441Bocu�entslAgreementsllSl� #I41PA�'ridley.docx II. METHOD Th.e County shall �rovide all engineering servzces and sha11 cause the constnzction of Anoka Couniy Project S.P. 42-b41-44 in coniarmance with S�a�e Aid engi�eering plans and specifications. The County sha11 do the callir�g �or alI bids and the aeceptance of all bid prapasals. I�Z. C4STS A. The cantract cost of the work, or i��he vcrork is not contracted, the cos� of aIl labor, nnate�rials, narmal engineering costs, and equipamen� re��a� t'eq�zred to do th� work shall consti�ute the aet�al "const�uction" and sha11 be so referred io herein. "Estxmated casts" are gaod faith projections of eosts whzch wzll be incurred for the projeei. Actual costs may vary and those will he th� costs for which the aralevant �ar�ies will be responsible. B. Th� City is responsible �'or ane-c�uarker the eost of the signal construction. The estimated cast of�he total projec� is $28�,775.OS as shawn in Exhibit "A", of which Frieiley's east nf t�e intersectzo� has an�stimated cost of $62,"181.00. CDBG �unds are capped at $300,000. With the projeet being essentiaily firll� fi.inded ihrou�h the CDBG, �he City's canstructian casts are estirrmaieel at $0. TV. TERM Tk�is Agt'eemeni shall continue ur�til �ermznaied as prov�ided hereinafier. V. Dr�BURSEMENT OF FUNDS AlI funds disbursed by the Co�.�ty or City pursuant to this Agreement shaIl be disbut'sed by each e;n�xt� pursuant to the method provided by law. VI. C4NTRACTS AND PURCHASES All contracts le� and purc�ases made pursuant io this Agreement sha�� be made by th� County in con�'ormanc� to the Siate 1aws. V�I. STR�CT ACCOUNTAB�LITY A strict accounting shal� be �nade of aIl funds and report of al� receipts and shall b� rr�ade upon request by either party. VI�I. TERMII�ATION This Agreement may be termina�ed by eithear party a� any tirne, with or wiihout cause, upon not less t�an tla:i�y (30) days written notice delivered by mail nr �n }�erson to the ather �arty. If notice is deliveared by maii, zt sha11 be deerr�ed to be received two days after maili�g. Such termination shall not be ef�ective vvith respect io any solicitation o�bzds vr any �urchases of services or goods which occuzared par�oar ta such natice of t�rrrtination. The City sha�l pay its pro rata share of costs which the County incurred priarr to suck� noticc of te�nination. 2 IX. N4TICE Far pu�pases of delivery of any �otices h�erez�, the �atice shall be e�fective if c�eliverec� to the County Adminis�rator o£ Anoka Couniy, 2100 Third Avenue, Ano�a, Minnesota 55303, on hehalf af the County, and ta the City a£ Fridley, 5431 University Avenue NE, Fridley, MN SS�32, on behalf of the City. X. INDEMNTFTCATION T�e City and County mutuaTly agree to i�dem�x�y az�d hold harmless each other from any claims,losses, costs, expenses ar damages r�s�lting froarz� t�e acts or ornissions oFthe respective offieer�, a�ents, oz� emplayees relating ta activities conducted by eiiher party �nder t�is Agreement. X�. ENTIRE AGREEMENT RE UIREMENT OF A WR�TING It zs �anc�erstaod and a�reed tha� �he entire agreement of the parties is contained herein. an.d t�at th�s Agreeme�t supersedes all oral agreements and ail negotiations between the �arties relating to the subject zna�ter thez'eo£, as well as any �revious agareeannent p:resent�y zn ef�'ect between the parties to the subject �a�te� tk�ereo�'. Any alterations, variations, or xz�odi�catiar�s a�'the provisions o�this Agreemeni shall be valid on�y rn�h�� hey have �been reduced to wx-i�zn.g and duly signed by tihe partzes. 3 TN WITNESS WHEREOF, the parties �Q this Agreement have hereunto set their hands on the dates writt�n below. COUNTY OF AN4KA. CITY QF F'RIDLEY By: Dennis D. Berg, C�air Board af Commissioncrs Dated: ATTEST By: Terry L. .�ahnson Co�rzty .�1.dzninistrator Dated: REC4MMENI��D FOR APPROVA.L By: Douglas W. Fisc�ez-, P.E. County Engineer Dated: APPROVED AS TO �'�RM By: Dan Klint Assistant Cou�ty Attorney : Scott 7. Lund Mayor Dated: : Dr. Wzllia�t W. Burns City Manager Dated: By: Jim Kosluchar, P.E. City of Fridley Engineer Daied: _� Da�ed: Dated: 4 InC. Item No. IterrE tlnits Ctuantity Unit P€ice Totat Price 1 2502.501 PAVE3VlENT MARKIN6 RENiQVAi 5Q FT �14 $�..70 $1,SS3.8Q 2 21D2.502 PAVEiVtENT MARKING REMQVAi LI�! Fi �2�0 $fl.60 S72Q.QQ � 21D4.501 REMOV� C17R8 AND GU7TER L[N FT 954 $4.7Q $4,483.8Q 4 21�4.503 REMOdE CQNCRETE MEDIAN g(Z �7 2398 $1,qD $3,357.20 5 2104.503 R�MQVE CONCRETE V1lALK 5Q �T �5S $3.50 $89250 6 2�.(34.503 REMQVE 81TUM1NOUS WALK 5Q FT 263 $1.90 $368.20 � 2J.04.S€35 REMpVE 89TUMINOUS PAVEMENT SR YD �� S'��20 $3,305.A0 & 21.p4.5Q9 REMOVf SIGNAL SYSTEiVI EACH � $11,tI�0.00 $11,000.00 � 21p4.S11 SAWING CONERETE PAV�MENT (FULL DEP"i'H) GIN FT 2� $8•5Q $195.5f3 �0 2�Q4.S13 SAWiNG Bf3UMiNOU5 PAVEMENT (FllL! DEP7�€J E.IN FT 1a39 $a.20 $4,7$3.8fl �� 2iQ4,523 SALVAGE 5lGN iYPE C EACH 3a $9€1.00 $1,360.00 �2 21Q4.523 SALVAGE SIGN 7YPE 5P�C1AL EACH � $4Q,OD $20E3.00 �� 21Q4.601 HAULSALVAGED MATERIAL I.I1MP SUNi 1 $5QO.OQ $500.00 �4 21QS.SQ1 CQNEMON EXCAVATIOfV CU YR 2q4 $23.75 $5,795.00 �S 22Z1.S03 AGGREGAiE BASE (CVE CLRS5 5 CU YR ��Z S55.D0 $7,8I0.00 �� 235Q.501 TYPE SP 12.5 WEARi�3G CO€1R5� IVItX7UR� {3,C} TON �2p $12D.�0 $7.4,400.00 �� 236Q.502 IYPE SP 12.5 NON W�ARING C011RSE M1X7URE (3,8� FQN �� $3.10.00 $10,$90.€JO �x 2SQ4.602 ADJUS'F VALVE BOX-WAiER EACN 1 $250.£10 $250.fl0 �� 2S2Z.5RS 4" CONCRETE 1NALK SQ FT 1��7 $3.25 $&,457.75 x� 2532.5E)� CONCR€TE C€1RB $c GUTTER D�5tGl�t 6612 f.IN FT 980 $1�.75 $11,515.0� 2� 2S31.S01 C4NCREiE CURB & GUTTER DE5fGN BG18 E.IN �T 1Q1 $18.50 $3,8&8.5� 2Z 2S31.fi18 TRUNCATEC? �OMES 5Q FT �`� $32.00 $2,048A0 2a 2563.601 TRAFFiC CONTROL l.11MP SUN[ � $�,��.00 $6,500A[1 2q 2564.531 SIGN PANELS7YP� C SQ Fi 21$ $32.75 $7,139.54 ZS 2564.552 HAZARDMARK�RX4-2 �q�H 2 $77•00 $154.00 2� 256�.602 INTERNAILY f.IT SIGN TYPE D �q��{ 4 $5,0OO.Otl $20,000.00 27 2S65.Si1 FUtI.TACTiCONTROLSIGNALSYSTEM $��$ 1 $137,150.�0 $137,150.00 2� 2S65.b01 EMERGENCY V�HICLE PRE�MPTION SYST�M Li1N3P Sl{M 1 $5,000.�0 $5,000.�0 2� 2582501 PAVEMENT MESSAGE {L�FT Af2ii0Wj PREF TH�RNiOPi.A5T1C EACN 5 $355.€�0 $2,775.Q0 �� 25$2501 PAVEM�Ni ME55AG� (RIGHTARROWJ PREF 7HERMOPI.ASTIC �ACH � $355.U0 $T,775.f�0 �Q 2582.505 PAVEMENi M�55AGE (RiGF[TTNROE1Giij PREF THERN[OP1.AS�IC EACH 3 $560.i�0 $1,680.i10 �Z 2582.5€32 4" SOUD LiNE WH1TE-PAIN7 LIN FT 3790 $0.8d $1,119.0� 33 2582.5Q2 4" 8ROKEN L1NE WMIT�-PAiNT LIN �T �20 $0.3€7 $125.OD 3A' 2582502 4" SOLID LINE YELE4W-PAlNT LIN FT 2€32{i $0.3{# $6(iS.Ofl 35 2582.502 4" DOUBLE SO�ID LINE YELLOW-PA1N7 LIRf FT 340 $f1.59 $2QO,6fl 3� 25$2.502 24" 5TOP LINE WNiT� PREF TH£RMOPLASTIC LIN FT 1&6 $16.25 $2,697,54 37 2582.543 CHO5SFNALK MARKING-PREF TH�RMOPtJ�1S71G SQ FT 918 $11.00 $�0,098A0 Tota[S for Praject SP 002-6€}1-044 $289,775.05 � � �ffY �F FRIDLEY TO: FROM AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 2009 BUDGET DATE: November 23, 2009 Attached you will find a resolution amending appropriations to the 2009 budget in accordance with the City Charter. The adjustments listed have arisen as a result various donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjustments through the Budget Reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment Resolution No. 2009 - A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2009 BUDGET FOR AUGUST THRU NOVEMBER, 2009 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2009. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the following funds will be amended as follows: 1:7��/�►1�1�_1�111�� UI�►�� Police-Sale of Misc Property Police-Reimbursement Police-Donation Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Fire-Donations Recreation-Donations APPROPRIATION ADJUSTMENTS Police-Machinery Police-Other Services & Charges Police-Other Services & Charges Police-Personal Services Police-Personal Services Police-Personal Services Police-Capital Outlay Fire-Supplies Fire-Other Services & Charges GENERAL FUND 300 Braham Police Department 750 Anoka County 1,000 Target 1,200 Anoka County 2,999 Federal Grant 6,679 Federal Grant 10,000 Federal Grant 266 Various 3,000 Various 26.194 300 Surplus Squad Equipment 750 Detox Transportation 1,000 Conference & Schools 1,200 Drug Task Force 3rd Q 2,999 Safe & Sober 6,679 Operation NightCAP 10,000 Squad Car Video Cameras 266 Safety Materials 3,000 49er Days � SPRINGBROOK NATURE CENTER FUND REVENUE ADJUSTMENTS SNC-Donation APPROPRIATION ADJUSTMENTS SNC-Improvement Other Than Building 30,000 William Berry 30,000 Memorial Garden PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14th DAY OF DECEMBER, 2009. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � � �ffY �F FRIDLEY To: From: Date: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 The Honorable Mayor and City Council William W. Burns, City Manager December 10, 2009 Subject: High Speed Broadband Connectivity in Anoka County We received the attached letter requesting a resolution of support for a proj ect initiated by Anoka County to determine the interest in and needs for high speed broadband connectivity in Anoka County. The County will be soliciting public/private partnerships through a Request for Proposal process and will also be applying for federal stimulus funding. The project started last spring and is focused on increasing the availability of high speed broadband and fiber-optic connectivity in the county. The county has set the following fiber routing priorities: Option 1. Connect all institutional locations including county, city, school district and college building. Option 2. Include Option 1, plus key business locations. Option 3. Include Options 1 and 2, plus build out to unserved and underserved areas in the county. Staff recommends Council's approval of the attached resolution. Attachments RESOLUTION NO. 2009 - RESOLUTION OF SUPPORT FOR HIGH SPEED BROADBAND CONNECTIVITY IN ANOKA COUNTY WHEREAS, Anoka County has embarked on a project to determine the interest in and needs for high speed broadband connectivity in Anoka County; and WHEREAS, there are increasing educational, economic and community benefits to increased high speed connectivity; and NOW THEREFORE, BE IT RESOLVED the City Council of the City of Fridley supports the efforts of Anoka County to develop a broadband vision and solicit public/private partnerships through a Request for Proposal process. BE IT FURTHER RESOLVED the City of Fridley supports submission of a federal grant to secure funding to implement the broadband vision. BE IT FURTHER RESOLVED that the City of Fridley recognizes that broadband through optical fiber will be a long-term benefit to all citizens. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF DECEMBER, 2009. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM � COUNCIL MEETING OF DECEMBER 14, 2009 � �F CLAI MS FRIDLEY CLAIMS 144304 - 144418 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 14, 2009 ��F LICENSES FRIDLEY TYPE (�F LICENSE: APPLICANT: ' ' APPROVED BY: Motor Vehicle Body Repair Mc Clure Automotive, Inc Public Safety dba MAACO Collision Re air Communi Develo ment & Auto Painting Fire Department Charles A. McClure, Officer � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 14, 2009 ��F LICENSES FRIDLEY Contractor T e A licant A roved B A-1 Custom Si ns & Service Inc Si n Erector Mark McCline Ron Julkowski, CBO Amcon Construction Company Commercial or Scott Quiring Ron Julkowski, CBO LLC S ecialt Centraire Heatin & Air Cond Heatin Lero Seurer Ron Julkowski, CBO Cobalt Construction LLC Commercial or Keith Hillukka Ron Julkowski, CBO S ecialt Construction Results Corp Commercial or Mark Snyder Ron Julkowski, CBO S ecialt Gates General Contractors Inc Commercial or Bruce Gates Ron Julkowski, CBO S ecialt Joel Smith Heatin & A/C Inc Heatin Joel Smith Ron Julkowski, CBO Master Mobile Home Serv Gas Bar Fassett Ron Julkowski, CBO Scenic Si n Co Si n Erector Robert Gruber Ron Julkowski, CBO Wellington Window Co Commercial or Keven Steen Ron Julkowski, CBO S ecialt Wencl Services Inc Heatin Ken Wencl Ron Julkowski, CBO � � �lTY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 William W. Burns, City Manager John Berg, Fridley Fire Chief December 14, 2009 Annual renewal of rental licenses LICENSES Attached is a list of 183 properties that have completed the license renewal process. Each property listed has submitted a rental license application, paid all fees, and has completed the rental property inspection process. Staff recommends that City Council approve the rental license renewal for these properties. Rental Housing 4th Quarter License Renewals Prop ID: Property Address: Units 1832 1117 1121 1123 1124 1127 1128 1148 1129 1130 1131 1132 1133 1134 1135 1157 1158 1166 1506 1089 1474 1162 1585 1164 1169 1171 1173 1163 1175 1176 1657 1177 1178 1179 1180 1524 1476 1184 1185 1186 1188 1839 1200 1192 1193 1194 1195 1197 4620 2nd St. NE 5851 2nd St. NE 6525 2nd St. NE 6541 2nd St. NE 6551 2nd St. NE 4901 3rd St. NE 4913 3rd St. NE 4921 3rd St. NE 4939 3rd St. NE 4949 3rd St. NE 4965 3rd St. NE 4985 3rd St. NE 5005 3rd St. NE 5025 3rd St. NE 5035 3rd St. NE 5320 4th St. NE 5339 4th St. NE 5347-49 4th St. NE 5353 4th St. NE 5370 4th St. NE 5641 4th St. NE 5644 4th St. NE 5740 4th St. NE 5800 4th St. NE 5810-12 4th St. NE 5840-42 4th St. NE 5860-62 4th St. NE 5870-72 4th St. NE 5916-18 4th St. NE 5924-26 4th St. NE 7534 4th St. NE 1050 52nd Ave. NE 1090 52nd Ave. NE 1120 52nd Ave. NE 1170 52nd Ave. NE 516 53 1/2 St. NE 571 53rd Ave. NE 251 57th PI. NE 262 57th PI. NE 359 57th PI. NE 390 57th PI. NE 290 58th Ave. NE 5365-67 5th St. NE 5370 5th St. NE 5400 5th St. NE 5410 5th St. NE 5420 5th St. NE 5430-32 5th St. NE 1 11 7 5 6 7 7 7 7 7 11 11 11 11 7 4 2 3 2 1 2 7 1 4 1 1 2 2 2 1 1 17 17 16 17 1 1 7 8 8 4 1 2 3 4 2 3 2 Owner: Tara Chay MATCOM Property PaulJohnson James Johnson Omar R. Nelson Neil Elmquist Neil Elmquist Nicholas Elmquist Nicholas Elmquist Nicholas Elmquist Excelsior Properties Excelsior Properties Excelsior Properties Excelsior Properties Milton Carlson Richard Perkovich Majestic Development Duane Schwartz Curtis Lindberg Bonnie Siegfried Tap Property Raees Chohan TVE 5740 John O. Haight Kenneth Jordan Millunnium Mgmt. John L. Majewski Kwei-Tsang Chen Nelson Investments Shannon Munson Doreena Cisewski KJ Management KJ Management KJ Management KJ Management John A. Koenig Kou Yang Lowell & Anthony David Rust William Toivonen Daniel O'Neil Amy L. Snow Simon Rashid Lee Swanson Todd Ellestad Pierre Chamaty Rinehart L. Kurtz The Salvation Army Page 1 of 4 ProplD: Property Address Units Owner 1199 1473 1202 1733 1217 1729 1677 1245 1250 1251 1252 1483 1465 1895 1609 1258 1259 1263 1264 1676 1269 1270 1266 1689 1834 1295 1296 1297 1298 1300 1301 1303 1304 1305 1306 1307 1308 1310 1312 1313 1314 1315 1316 1726 1724 1061 1687 1318 1660 1321 1588 1669 1605 5451 5th St. NE 6156-84 5th St. NE 6232-34 5th St. NE 7566 5th St. NE 110 61 st Ave. NE 384 66th Ave. NE 505 66th Ave. NE 5600-02 6th St. NE 5606-08 6th St. NE 5612-14 6th St. NE 5618-20 6th St. NE 5932 6th St. NE 5949 6th St. NE 6130 6th St. NE 1486 73'h Ave. NE 1580-84 73 'h Ave. NE 1590-94 73 'h Ave. NE 1581-83 73rd Ave. NE 1591-93 73rd Ave. NE 1655 73rd Ave. NE 360-362 74th Ave. NE 370-372 74th Ave. NE 371 74th Ave. NE 1401 76th Ave. NE 379 79th Ave NE 7301-03 Able St. NE 7313-15 Able St. NE 7325-27 Able St. NE 7339-41 Able St. NE 7365-67 Able St. NE 7379-81 Able St. NE 7417-19 Able St. NE 7431-33 Able St. NE 7447-49 Able St. NE 7463-65 Able St. NE 7479-81 Able St. NE 7495-97 Able St. NE 7513-15 Able St. NE 7539-41 Able St. NE 7553-55 Able St. NE 7565-67 Able St. NE 7579-81 Able St. NE 7595-97 Able St. NE 6231 Alden Way NE 7854 Alden Way NE 5960-80 Anna Ave. NE 7675 Brigadoon PL. NE 5701 Central Ave. NE 6229 Central Ave. NE 6640 Central Ave. NE 6676 Central Ave. NE 6426 Christenson Ln. 170 Craigbrook Way 32 16 2 1 8 1 1 1 2 2 2 1 1 1 1 2 2 2 2 1 2 2 4 1 1 2 2 1 1 2 2 2 2 1 2 2 2 2 2 2 2 2 2 1 1 34 1 32 1 1 1 1 1 Pinecrest Apts , LLC Brandes Place Real Estate Solutions BCL Enterprise Herman & Marlene Rice Kenneth W.Johnson Howard B Larson Keith Alan Edstrom James Pearson Kenneth Hafner Kenneth Hafner Open Door Investments PK Investments Twin City Home Tim Van Auken Mozafar Chehrazi Gary Muske Gary Muske Gary Muske Janet Latham Millunnium Mgmt. Jugal Agarwal Rudy Bayer T & K Properties Allen Hoffer Chris Rugg David Halek John Glenn Wayne R. Thompson Solomon Services Tina & Brian Sorvari Todd Fuechtmann Marvey Mayer Robbi Olson Mark Jedlenski Verner Investments Verner Investments, Ashraf, LLC Verner Investments Ashraf, LLC Barbara L. Overlien Barbara L. Overlien Barbara L. Overlien Glenn Bottomly Handi-Access Inc Riverwood Rentals, LLC T & K Properties Moore Lake Apts, LLC Mike Sherman Donald Findell Donald Findell Jill or Garth Peterson Raad Almobarak Page 2 of 4 ProplD: Property Address Units Owner 1706 1830 1889 1044 1045 1046 1047 1346 1338 1707 1507 1351 1352 1353 1732 1709 1671 1582 1363 1368 1054 1055 1661 1653 1496 1890 1078 1536 1718 1375 1720 1392 1617 1648 1833 1723 1674 1650 1540 1807 1693 1662 1742 1690 1708 1683 1685 1663 1702 1703 1837 1679 1714 5540 E Bavarian Pass 5527 E Oberlin Circle 5581 E Oberlin Circle 5800 East River Rd. 5820 East River Rd. 5840 East River Rd. 5860 East River Rd. 6540-50 East River Rd. 6551 East River Rd. 6819 East River Rd. 7969 East River Rd. 7345-47 Evert Ct. NE 1301-03 Fireside Dr. NE 7833-37 Firwood Way NE 501 Glencoe St. NE 1104 Hackmann Circle 105 Hartman Circle 1249 Hillwind Rd. NE 6341 Hwy 65 NE 411-413 Ironton St. NE 150 Island Park Dr. NE 151 Island Park Dr. NE 7340 Jackson St. NE 600 Janesville St. NE 735 Kimball St. NE 144 Longfellow St. NE 176 Longfellow St. NE 301 Longfellow St. NE 447 Longfellow St. NE 995 Lynde Dr. NE 7320 Lyric Ln. NE 1361 Meadowmoor Dr. 1378 Meadowmoor Dr. 5514 Meister Rd. NE 7376 Memory Ln. NE 202 Mercury Dr. NE 241 Mercury Dr. NE 1140 Mississippi St. NE 1250 Mississippi St. NE 1260 Mississippi St. NE 1376 Mississippi St. NE 772 Mississippi St. NE 1513 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1 1 1 42 42 42 42 141 11 1 1 2 2 2 1 1 1 1 10 2 12 12 1 1 1 1 1 1 1 32 1 1 1 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Phyllis A. Reha Carissa Westring Lisa Ahrens Georgetown Court Apts. Georgetown Court Apts. Georgetown Court Apts. Georgetown Court Apts. Klaus Freyinger Otty Properties Paul M. Johnson Tarik Seferovic Tim Olsen Gary Muske Mark Jedlenski John Kinkeade Lowell Wolter Tom & Lisa Kimlinger Jack & Elizabeth Sjobeck Nay-Rox Ltd. Partnership Jerome Thompson Island Park Trail, LLC Mirsad Dizdarevic Margaret A. Brough Morgan Management Paul Dotty James L Wodziak Appletime, Inc. Tarik Seferovic Roger Roelofs Moore Lake Apts, LLC Shirley NG Joseph Teague Abdalla Omar Wlliam & Stacy Bauer Aden Aw-Hassan Valerian B Kuechle Greg Carlson NV Group, LLC Gerald Pehl Gerald Pehl Thomas Zimmerman, Jr. A & M Real Estate PKINVESTMENTS Jeanne Guse Conrad Gudmundson North Surburban Properties Shelly Eisenschenk Lisa Ost Marie Hopper Marie Hopper William & Stacy Bauer Duane A. Buhl Christie Reeves Page 3 of 4 ProplD: Property Address 1666 1694 1667 1675 1604 1418 1420 1421 1715 1831 1695 1691 1672 1440 1684 1441 1670 1446 1688 1448 1449 1450 1451 1516 1517 1453 1664 1531 1892 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1601 N Innsbruck Dr. 1130 Norton Ave. NE 1280-82 Norton Ave. NE 1285-87 Norton Ave. NE 1295-97 Norton Ave. NE 1651 Onondaga St. NE 730 Overton Dr. NE 137 Pilot Ave. NE 1585 S Bavarian Pass 232 Satellite Ln. NE 1375 Skywood Ln. NE 1385 Skywood Ln. NE 6111 Star Ln. NE 137 Talmadge Way NE 6447 Taylor St. NE 7547 Tempo Terrace 7323-25 University Ave. 7349-51 University Ave. 7361-63 University Ave. 7373-75 University Ave. 7565 University Ave. NE 7573 University Ave. NE 7389 Van Buren St. NE 110 Ventura Ave. NE 5751 W Moore Lk Dr. 901 W Moore Lk Dr. NE U n its 1 1 1 1 1 2 2 2 1 1 1 1 1 2 1 18 1 1 1 1 2 2 2 1 1 1 1 1 1 Owner Margaret Thompson Brian Tjosvold Margaret Thompson Fountain Oaks Properties Sinan Music Donald O. Nelson Trust Gamal Phuly Amany Rifai Donald O. Nelson Trust Scott & Lisa Larson Schmidt Properties Jewel Dufour Yvonne & Randall Waters Fridley Covenant Church Johnson Rental Dave & Carole Steele Herman & Marlene Rice Family Partnership Arnold & Nola Gilbertson Johnson Rental T & K Properties Steven Petschel Tom Okerstrom Millunnium Mgmt. Millunnium Mgmt. Jim Price Jim Price Joseph Thomas Darrell & Anne Kudebeh Gerry Gerochi Greg Hebeisen Total # of Licenses for approval is 183 Page 4 of 4 � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 14, 2009 � �F ESTI MATES FRIDLEY G.L. Contracting, Inc. 4300 Willow Drive Medina, MN 55340 45th Avenue Stormwater Outfall Repair Proj ect No. 390 Estimate No. 1 ................................................................................. $ 63,700.92 � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 William W. Burns, City Manager James Kosluchar, Public Works Director December 14, 2009 PW09-071 Approve consultant selection and contract for Project No. 389 SPRING Project This item was tabled from the November 16 City Council meeting, and subsequently from the December 7 City Council meeting pending the attached agreement. Staff wanted to have the proposed contract to present to the City Council. The team led by Hoisington Koegler Group was selected largely due to their project understanding and creative approach, related project experience, and cost within available budget. Ana Nelson of Hoisington Koegler Group, who will be the project manager, developed the SPRING conceptual plan in 2003 when she was with Bonestroo. The Hoisington Koegler Group is teaming with Partners & Sirney Architects, who have solid experience with this type of project. Both firms come very highly recommended by their references. Staff recommends the City Council moves to approve selection of Hoisington Koegler Group, Inc., to provide professional services for the SPRING Project (City Project No. 389), and to approve the attached agreement for professional services with Hoisington Koegler Group, Inc. for the SPRING Project. JPK/jpk AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF FRIDLEY, MINNESOTA AND HOISINGTON KOEGLER GROUP INC. FOR PREPARATION OF PLANS FOR THE `SPRING' PROJECT AT SPRINGBROOK NATURE CENTER The City of Fridley (CLIENT) and Hoisington Koegler Group, Inc. (CONSULTANT) agree as set forth below: A. BASIC SERVICES The CONSLJLTANT' S basic services for the PROJECT are as provided in Attachment A Work Program. B. ADDITIONAL SERVICES The CONSLTLTANT and the CLIENT may agree in writing to amend this Contract for additional services related to the PROJECT and compensation for such services. The following services have not been requested by the CLIENT but are available upon written authorization. L Meetings in addition to those specified in Paragraph A above. 2. Services or Deliverables not specifically identified in Paragraph A above. C. FEES FOR PROFESSIONAL SERVICES The CONSLJLTANT agrees to complete the scope of work contained in Paragraph A in exchange for professional fee compensation as noted below. The CLIENT agrees to pay the CONSLTLTANT for services rendered as follows: 1. For the CONSLJLTANT' S Basic Services described in Paragraph A above, a lump sum fee of $34,840 - Thirty Four Thousand Eight Hundred and Forty dollars based on the CONSLJLTANT' S current hourly rate schedule (see Attachment B). 2. For the CONSLJLTANT' S Additional Services described in Paragraph B, a fee based on the CONSLJLTANT' S current hourly rate schedule plus incidental expenses or a negotiated fee. 3. Statements will be submitted to the CLIENT on a monthly basis as work is completed and shall be payable within 30 days in accordance with this Agreement. 4. The CONSLJLTANT reserves the right to suspend services if the CLIENT is delinquent in making payments in accordance with this Agreement. SPRING Project November 24, 2009 Page 2 D. CLIENT AND CONSULTANT RESPONSIBILITIES The CONSLTLTANT shall be responsible for the following: 1. CONSLJLTANT shall perform as CLIENT' S advisor relative to the Proj ect, and shall provide guidance and advice to CLIENT relating to CONSLTLTANT's expertise in relation to the design, construction, and regulatory requirements relating to the Project covered in this Agreement. 2. CONSULTANT shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of the Proj ect, shall modify the foregoing standard of care. The Consultant shall not be required to sign any documents that would result in it having to certify, guarantee or warrant the existence of conditions whose existence the Consultant cannot ascertain. The CLIENT shall be responsible for the following: Assemble and provide access by the CONSLTLTANT to background information including, but not limited to paper and/or digital copies of previous plans, base maps, architectural plans, inventory data, and available CAD mapping, limited to those that are reasonably available. 2. Arrangements for Design Team meetings. 3. Reproduction of all interim reports for distribution as deemed necessary and not otherwise specified in paragraph A. 4. Reproduction of the final SPRING products not otherwise specified in paragraph A. E. INSURANCE CONSLJLTANT and any Sub-Consultant(s) shall maintain insurance of the kind and in the amounts shown below for the life of the contract. Certificates for General Liability Insurance should state that the CLIENT, its officials, employees, agents and representatives are Additional Insured parties. The CLIENT reserves the right to review CONSULTANT's insurance policies at any time to verify that contractual requirements have been met. The CONSLTLTANT will not cancel the insurance unless done so thirty days after providing the CLIENT written notice. Commercial General Liability Insurance $1,000,000 per occurrence $1,000,000 general aggregate $50,000 damage to rented premises SPRING Project November 24, 2009 Page 3 $5,000 medical expenses 2. Umbrella Liability $1,000,000 per occurrence $1,000,000 general aggregate $10,000 self-insured retention 3. Worker's Compensation and Employer's Liability a. Worker's Compensation per Minnesota Statutes b. Employer's Liability $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. 4. Professional Liability Insurance $1,000,000 per claim $2,000,000 annual aggregate F. COMPLETION SCHEDULE The services of the CONSLTLTANT will begin upon CLIENT approval and will, absent of causes beyond the control of the CONSLTLTANT, be completed within two months of the execution of this contract. Attachment A includes a project schedule. The anticipated schedule assumes an early December 2009 start of work and completion in late February 2010. G. SUB-CONSULTANTS To complete aspects of the PRO7ECT as described in Paragraph A, the CONSLJLTANT shall make separate agreements with other qualified firms listed in this paragraph. The CONSLTLTANT shall coordinate the work of Sub-Consultants as part of the work of the PROJECT. The CONSLJLTANT shall not remove the involvement of identified firms or add the involvement of unmentioned firms without written consent from the CLIENT. The identified Sub-Consultants for the PRO7ECT are: Partners and Sirney Architects 212 W est Franklin Avenue Minneapolis, MN 55404] In accordance with MN Statutes 471.425, the prime contractor (CONSLTLTANT) will pay any subcontractor within ten days of the prime contractor's receipt of payment from the municipality (CLIENT) for undisputed services provided by the subcontractor. The prime contractor will pay interest of 1.5% per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the SPRING Project November 24, 2009 Page 4 subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. H. NONDISCRIMINATION The CONSLTLTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. I. EQUAL OPPORTUNITY During the performance of this Contract, the CONSLJLTANT, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSLJLTANT shall post in conspicuous places available to employees and applicants for employment notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The CONSLJLTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The CONSLJLTANT shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. J. INDEMNIFICATION The Consultant and the Client each agree to defend and indemnify each other from liability for claims, losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by each party's respective negligent acts, errors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Consultant and the Client, they shall be borne by each party in proportion to its own negligence. K. TERM, TERMINATION, SUCCESSORS AND/OR ASSIGNS SPRING Project November 24, 2009 Page 5 1. The Term of this Agreement shall be concurrent with the work authorized and shall be in accordance with the schedule to be established between the CLIENT and the CONSLJLTANT. 2. Either party may terminate or suspend this Agreement for substantial non- performance by the other party, including without limitation the failure to make payments in accordance with this Agreement. The party terminating or suspending this Agreement shall give written notice to the other party at its address by certified mail at least ten (10) days prior to the date of termination. 3. Neither the CLIENT nor the CONSLJLTANT shall assign, sublet or transfer its interest in this Agreement without the written consent of the other. 4. The time schedule shall not apply and/or time extensions will be allowed for any circumstances beyond the control of the CONSLJLTANT. 5. This Agreement shall be governed by all applicable laws. 6. Upon termination, Consultant shall be entitled to fees earned through the effective date of termination. L. DISPUTES In the event the CLIENT and CONSLJLTANT are unable to reach agreement under the terms of this contract, disputes shall be resolved using alternative dispute resolution (ADR). M. REVOCATION If this agreement is not signed and accepted by both parties within 90 days of the contract date, it shall become null and void. SPRING Project November 24, 2009 Page 6 N. AUTHORIZATION IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed this Agreement for Professional Services, This day of , 2009 CLIENT City of Fridley, MN Name CONSULTANT Hoisington Koegler Group Inc. � � %� �.N �� :.. �� v� �� #n�� Title Name: Greg Ingraham Title: Vice President SPRING Project November 24, 2009 Page 7 ATTACHMENT A- SPRING PROJECT WORK PROGRAM - HKGI TEAM � � � � ; �; � � � ;.� �� . ; � � �� t. � ��. f t December, zoog The Hoisington Koegler Team will conduct a meeting with the Design Committee to review project goals and objectives, defined project outcomes, and evaluate the SPRING master plan. We will discuss various project approaches and help prioritize investments to help support the overall vision of the park. We will leverage the findings and conceptual ideas from the SPRING Park Master Plan. The following specific tasks will be addressed in this phase of the work: 1. Design Team Meeting 1: Tuesday, December XX, 2009. Goal Setting and Preliminary Program Development Session. 2. Master plan and site evaluation: a. Obtain code requirements, survey information, soils reports, etc. b. Evaluate existing site conditions including topography, vegetation, wetlands, soils, climate, views, noise buffering, structures, parking, circulation, roadways, trails, shorelines, and utilities. c. Evaluate the current master plan and propose logistical updates to the plan to meet the estimated overall construction cost. d. Conduct a LEEDTM Checklist and review with the Design Committee �, � � � � , , . r...� � : rv rv:: ,; � � � t< f:, ��_. : , „ �a : < ; _ � � _: � _ � �`'� December zoog — January zo�o The Hoisington Koegler Team will work with the Design Committee to identify specific project components and determine a logical phasing approach/sequence for the project. We will pay particular attention to the materials, feasible environmental and energy efficient components, spaces and places created by the future site changes and their relationship to existing programmed space and existing natural resources. This phase will include preparation of construction cost estimates for the entire project. These cost estimates will be helpful in determining the phasing plan. Consensus on the phasing plan will provide a guide for further design decisions. We will work with the Design Committee to define a Phase I project that is an inspiring stand alone project that will have "wow" appeal to funders, supporters, and visitors. Specific tasks anticipated during this phase of the work include: 1. Design Team Meeting 2: Tuesday, January XX 2010. Present Master Plan Refinement and overall cost estimate. 2. Providing preliminary costs for the entire project. 3. Determining a logical phasing approach and sequence. 4. Discuss and outline Phase I Project. x__ u� ___ __. .. , , . <__. <`k .. , � . _; x__ , �_ �., .__. �_ , � .�'u __� . x__ __. � ___ � � � . �__� � `'�� January zo�o The Hoisington Koegler Team will prepare a detailed design plan and estimated construction for the Phase I project. The Phase I implementation plan and costs will be reviewed and approved by the Design Committee. The Hoisington Koegler Team will solicit input from the Design SPRING Project November 24, 2009 Page 8 Committee on approach and overall design. The following specific tasks will be addressed in this phase of the work: 1. Prepare draft of Phase I Plan incorporating all approved direction. The Plan will include an illustrative site plan(s), sketches, sections, elevations and floor plans necessary to communicate the design intent. 2. Design Team Meeting 3: Tuesday February XX, 2010. Communicate design ideas to the Design Committee to evaluate efficiency, and ability to meet the objectives of the project. Document comments. , x , , ; # � �, . � �� .. � .. �.., f �..� H....; , ;r �<t..{.. � ... r��......�..� k .< ;...... � �.... w. �. � ....� February zo�o Upon review and approval of the concept design and cost estimate for the phase I improvements with the Design Committee, the Hoisington Koegler Team will conduct a final presentation demonstrating the achievement of goals defined for the project: 1. Provide a feasible phasing and implementation plan for the project. 2. Provide cost estimates for each of the phases. 3. Produce appealing conceptual materials geared toward promoting the Project to potential funding sources. The following specific tasks will be addressed in this phase of the work: 1. Prepare a Design Report document incorporating all work completed to date. 2. Design Team Meeting 4: Tuesday February XX, 2010. Present planning and fund raising materials, plans, illustrations, and cost estimates with the Design Committee for approval and confirmation before proceeding with final publishing. Note: Meeting dates are tentative pending schedule confirmation with the Design Committee. SPRING Project November 24, 2009 Page 9 ATTACHMENT B HOISINGTON KOEGLER GROUP INC. 2009/2010 HOURLY RATES Senior Principal ..............................................................$145-170/hr Principal ........................................................................... $120-145/hr Senior Professional ........................................................$120-160/hr Professional II Professional I ........ Technical ........................ Secretarial .............. Testimony....... ..................................... $90-120/hr ...................................... $60-90/hr ...................................... $40-60/hr ............................................. $55/hr ........................................... $195/hr Incidental Expenses: Mileage ..................................................... current federal rate/mile Photocopying BW ...............................................................15¢/page Photocopying Color ........................................................ $1.00/page Outside Printing ............................................................Actual Cost L.arge Format Scanning ................................................Actual Cost B/W Bond Plots ............................................................... $5.00 each Color Bond Plots ........................................................... $20.00 each Photo Paper Color Plots .............................................. $40.00 each � � �ffY �F FRIDLEY TO: FROM AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION CERTIFYING THE FINAL TAX LEVY FOR 2010 TO THE COUNTY OF ANOKA DATE: DECEMBER 4, 2009 In conformance with Minnesota Statutes Chapter 275.07, Subd. 1, attached is a resolution certifying the final tax levy requirements to Anoka County. Chapter 275.07, Subd. 1, also requires the City to certify its final tax levy requirements to the County Auditor within 5 working days after December 20th. The final tax levy for 2010 is $10,120,162 compared to $9,472,487 for 2009. The make-up of this is: $9,472,487 Certified to County for 2009 $9,922,646 Max Levy Per Charter for 2009 $377,061 3.8% inflation amount $10,299,707 2010 Charter Levy Limit $10,120,162 2010 State Levy Limit ($179,545) Loss in revenue due to State Levy Limit < Charter Limit We request the City Council pass the attached resolution to certify the final tax l evy. Remember that this resolution must be adopted prior to adopting the final budget. RDP/ce Attachment cc: Deb Skogen 2010Budget\Resolutions\09 FINAL Res Certifying Levy&Memo to BB For 10 To CTY RESOLUTION NO. 2009 - A RESOLUTION CERTIFYING FINAL TAX LEVY REQUIREMENTS FOR 2010 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275.07, subd. 1 requires the City to certify its final tax levy requirements to the County on or before five working days after December 20 in each year; and NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of Anoka, State of Minnesota, the following final tax levy to be levied in 2009 for the year 2010: GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organization MARKET VALUE BASED REFERENDUM LEVY Springbrook Nature Center BONDEDINDEBTEDNESS 2005A GO Improvement Bonds (Streets 2005) 2006A GO Improvement Bonds (Streets 2006) 2007A GO Improvement Bonds (Streets 2007) 2008A GO Improvement Bonds (Streets 2008) TOTAL ALL FUNDS $ 9,101,421 C�] 6,200 $ 314,400 169,741 197,200 183,700 147,500 $ 10,120,162 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF DECEMBER, 2009. ATTEST: SCOTT J. LUND - MAYOR DEBRA A. SKOGEN - CITY CLERK � � �ffY �F FRIDLEY TO: FROM AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 2010 DATE: DECEMBER 4, 2009 In conformance with Chapter 275.065, Subd. 6, of the Minnesota Statutes, attached is the 2010 final budget. Chapter 275.0, Subd. 1, requires the City to certify a final budget to Anoka County five working days after December 20th each year. We request the City Council pass the attached resolution and adopt the 2010 final budget. Remember that the levy resolution must be adopted prior to adopting the budget. RDP/ce Attachment cc: Deb Skogen RESOLUTION NO. 2009 - A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2010 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, the City Council has held a public meeting and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the following final budget be adopted and approved: GENERALFUND Taxes Current Ad Valorem Delinquent, Penalties, Forfeited Licenses and Permits Licenses Permits Intergovernmental: Federal State: Local Government Aid All Other Charges for Services: General Government Public Safety Public Works Community Development Recreation Fines and Forfeits Special Assessments Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve ESTIMATED REVENUE $ 9,101,421 93,500 199,530 348,700 7,000 759,414 627,282 1,121,800 181,900 47,000 8,907 262,000 270,000 23,000 90,000 174,500 0 350,000 250,000 13,915,954 211,281 TOTAL GENERAL FUND $ 14,127,235 Legislative: City Council City Management: General Management Human Resources Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Emergency Management Fire: Fire Rental Inspections Public Works: Municipal Center Engineering Lighti ng Park Maintenance Street Maintenance Garage Recreation: Recreation Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS $ 119,370 282,470 206,269 377,400 53,703 677,154 208,708 229,949 167, 352 4, 841, 321 21, 965 1,293,956 145,209 280,434 517,969 249,800 983,245 1,189,790 445,611 946, 052 310,815 438,593 105,000 35,100 $ 14,127,235 SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Springbrook NC Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUND Capital Improvement Fund General Capital Improvement Streets Capital Improvement Parks Capital Improvement Fund Balance TOTAL CAPITAL PROJECTS FUND $ 261,000 116,812 426, 991 0 402,100 (45, 961) $ 1,160, 942 $ 14,127 613, 547 71,204 4,122 $ 703,000 Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Springbrook NC Fund Fund Balance General Capital Improvement Streets Capital Improvement Parks Capital Improvement $ 146,334 116,812 426, 991 87,938 382, 867 0 $ 1,160, 942 $ 36,000 600,000 67,000 $ 703,000 AGENCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem 6,200 Six Cities Watershed 6,200 TOTAL AGENCY FUND $ 6,200 $ 6,200 TOTAL ALL FUNDS $ 15,997,377 $ 15,997,377 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14TH DAY OF DECEMBER, 2009. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � � CffY OF FRIDLEI' To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra Skogen, City Clerk December 10, 2009 First Reading of An Ordinance Amending Chapter 11 General Provisions And Fees Of the Fridley City Code As part of the 2010 Budgeting process staff conducted a review of all of the Fees and Charges that are contained in Chapter 11 under "General Provisions and Fees". This review allocated all direct and indirect charges and then compared this "fully burdened cost" to the current fees and charges. Each Department reviewed this "fully burdened cost" to make a determination whether the current cost should be increased or whether it was impractical to charge the higher cost that included all of the direct and indirect overhead. The attached modification to Chapter 11 includes those fees that were recommended by each department to be increased and each of have been incorporated into the 2010 budget. As you can tell, a significant change is being made to the rental inspection fees. Staff is recommending Council approve the first reading of this ordinance in conjunction with the corresponding revenues that have been included within the 2010 Budget. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 GENERAL PROVISIONS AND FEES OF THE FRIDLEY CITY CODE WHEREAS, The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 11 related to general provisions and fees be hereby amended and ordains as follows: CHAPTER 11. GENERAL PROVISIONS AND FEES Section 11.10. FEES Description' Current Rate Proposed Rate ' Code �a �� Condominium No Changes 217.04 conversion re�istration (one time fees) � Condominium (annual €e� license) No Changes 220 202 Construction � Trailers — No Changes Tem or Offices 101 Livestock � $100 Annuall 220 Multiple Dwelling (Ref Ord 1246) Single rental unit �� $75.00 Two rental units �9� $125.00 Three units �� $185.00 Four units �� $245.00 Five or more units �� 245.00 plus $10.00 plus �� per unit. per unit Reinspection Fee �� 300 Transfer Fee $25 No change License Fee after Revocation or $150% rimes the annual No change Suspension license fee 205 Special Use Q, "'� $1000 for R-1 e� ��z� $1500 for all others 205 Telecommunicarions Pernut Was not placed in fee $400 on a�proved (Secrion 205.3022) structure originally site $500 to co-locate 205 Vacations �9 $1,500 211 Variance Q'"'�� $SOOforR-1 $1,400 for all other No chan e PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2010. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk First Reading: December 14, 2009 Second Reading Publication: � � CffY OF FRIDLEY To From Date AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 William W. Burns, City Manager Richard D. Pribyl, Finance Director December 10, 2009 Regarding: RESOLUTION APPROVING THE AMENDMENT OF THE CITY OF FRIDLEY, MINNESOTA EDUCATIONAL FACILITIES REVENUE NOTE, SERIES 2002 (TOT1N0-GRACE HIGH SCHOOL PRO7ECT) AND THE LOAN AGREEMENT RELATING THERETO AUTHORIZING THE EXECUTION OF DOCUMENTS 1N CONNECTION THEREWITH The City has been asked via the firm of Briggs and Morgan on behalf of Totino Grace to present to the Fridley City Council the attached resolution which modifies the original conduit financing that was approved by the Council in 2002. The resolution authorizes the following amendments to the 2002 Loan Agreement and the 2002 Note of the City to- • Change the principal payment schedule to provide for interest only payments during the next five year period as the capital contributions come in during their new 5 year capital contributions campaign. This is being done in order for them to make payments on another debt issuance and also then to pay down this conduit debt with any excess contributions during this next 5 year period. • Allowing for a security interest in the land which is prohibited in the original note. Staff is recommending Council approve the resolution making these minor modifications to the origina12002 conduit financing for Totino-Grace High School Proj ect. RESOLUTION NO. 2009- RESOLUTION APPROVING THE AMENDMENT OF THE CITY OF FRIDLEY, MINNESOTA EDUCATIONAL FACILITIES REVENUE NOTE, SERIES 2002 (TOTINO-GRACE HIGH SCHOOL PROJECT) AND THE LOAN AGREEMENT RELATING THERETO AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Fridley (the "City") is authorized under Minnesota Statutes, Section 469.152 to 469.1651, as amended (the "Act") to issue certain revenue bonds. WHEREAS, the City issued its revenue Note (defined below) in the aggregate principal amount of up to $4,000,000 to provide funds to be loaned to Grace High School, a nonprofit corporation organized under the laws of the State of Minnesota (d/b/a Totino- Grace High School) (the "Borrower") to finance and refinance the non-religious portions of the renovation and equipping of, and construction of additions to, a high school known as Totino-Grace High School, owned and operated by the Borrower and located at 1350 Gardena Avenue NE in the City (the "Proj ect"). The land (the "Land") upon which the existing school and the Project is located is owned by the Archdiocese of St. Paul and Minneapolis (the "Archdiocese") and leased to the Borrower. WHEREAS, the City Council held a public hearing on December 9, 2002, on the issuance of the Note to finance the Project. WHEREAS, the City issued its Educational Facilities Revenue Note, Series 2002 (Totino-Grace High School Proj ect) (the "Note") to finance the Proj ect. The Note was purchased by North American Banking Company, a Minnesota corporation (the "Lender"). The City loaned the proceeds of the Note (the "Loan") to the Borrower to finance and refinance the Proj ect. WHEREAS, that certain Loan Agreement, dated as of December 1, 2002 (the "Loan Agreement"), was entered into between the City and the Borrower. WHEREAS, pursuant to a Pledge Agreement (the "Pledge Agreement") entered into between the City and the Lender, the City pledged and assigned all of its rights, title, and interest in the Loan Agreement to the Lender (except for certain rights and interests of the City, including indemnification and to reimbursement for certain costs and expenses). WHEREAS, the Note does not constitute an indebtedness, a pecuniary liability, a moral or general obligation or a loan of the credit of the City, and the Note is not and may not be secured by, and is not and may not be a charge, lien or encumbrance, legal or equitable, against the property, funds, general credit or taxing powers of City. The Note is a special and limited revenue obligation of the City payable solely from the revenues provided for the payment thereof pursuant to the Loan Agreement or pursuant to a mortgage, a security agreement or such other security (if any) as may be provided to the Lender by the Borrower. WHEREAS, the Lender has agreed to loan additional amounts up to $5,750,000 to the Borrower pursuant to a separate new direct bank loan to finance additional improvements to the Borrower's school facilities (the "Bank Loan"). WHEREAS, the City has received a request from the Borrower and the Lender to amend the Note and the Loan Agreement to accommodate the Bank Loan by adjusting principal amortization of the Note and expressly providing that the Archdiocese may grant a mortgage lien in the Land and that the Borrower may grant a security interest in its property to secure the Bank Loan. WHEREAS, in order to accomplish these amendments, the Borrower and the Lender have requested that the City approve and authorize the execution of a First Amendment to Loan Agreement (the "First Amendment to the Loan Agreement"), a First Amendment to the Note (the "First Amendment to the Note") and documents related thereto. BE IT RESOLVED by the City Council (the "City Council") of the City as follows: 1. The amendment of the Note and Loan Agreement to adjust the principal amortization, accommodate the granting of security for the Bank Loan and related changes is hereby approved. The forms of the proposed First Amendment to the Note and the proposed First Amendment to the Loan Agreement are hereby approved in substantially the form heretofore presented to the City Council together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel or required by special counsel to the City prior to the execution of the documents, and the Mayor and City Manager are authorized to execute and deliver the First Amendment to the Note and the First Amendment to the Loan Agreement in the name of and on behalf of the City. In the event of the absence or disability of the Mayor or the City Manager such officers of the City as may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 2. The officers of the City are authorized to furnish to Bond Counsel certified copies of this Resolution and affidavits or certificates as to all other matters within their knowledge and control and such other certifications as may be reasonably requested. 3. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY DAY OF DECEMBER, 2009. SCOTT J. LUND, MAYOR DEBRA A. SKOGEN — CITY CLERK � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 14, 2009 CffY OF FRIaLEI' Date: December 8, 2009 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #09-05, Premier FMC, LLC INTRODUCTION 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. The proposed plat request will 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 1A and 1 B, Lots 2A and 2B and Lots 3A and 3B, Block 1, Unity Addition. � �--- � . .. . r�; .� -- . � .�� .. .---� 4 � - °` - ` _ PLANNING COMMISSION RECOMMENDATION At the November 18, 2009, Planning Commission meeting, a public hearing was held for PS #09-05. After a brief discussion, the Planning Commission recommended approval of plat #09- 05, with minor modifications to stipulations #8 and #10. Stipulation #8 is simply reworded to say that the site should remain free of construction "litter" instead of "debris" and that the construction materials should be properly maintained. The petitioner asked that Stipulation #10 be modified, so that a minor 500 sq. ft. addition would not require a plan for structured parking. Please see stipulation modifications that were made on the attached staff report. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon �nal plat approval. 2. New cross parking agreements shall be established and �led between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon �nal 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 am. 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 ft. easement and sidewalk along 5t`' Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staff. Installation of 5t`' 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. Stormwater 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. City of Fridley Land Use Application PS #09-05 & SP #09-17 November 4, 2009 GENERAL INFORMATION Applicant: Premier FMC, LLC Rod Lee 6897 139th Lane NW, Suite 103 Ramsey MN 55303 Requested Action: Plat to create a new lot Special Use Permit to allow the construction of a medical clinic/office building in an R-1 zoning district Existing Zoning: R-1 (Single Family) Location: 500 and 550 Osborne Road NE (Unity Hospital Campusl Size: Entire Hospital Campus 1,542,024 sq. ft. 35.40 acres Existing Land Use: Medical Campus - Hospital and Clinic Buildinqs Surrounding Land Use & Zoning: N: City of Spring Lake Park E: Medical Clinics & R-1 & C-R-1 S: Single Family R-1 W: Single Family R-1 Comprehensive Plan Conformance: Comprehensive Plan designates this area as Public/Semi-Public Zoning Ordinance Conformance: Sec. 205.07.1.C.(7) requires a special use permit for medical clinics in an R-1 zoning district. Zoning History: Lot has never been platted. 1965 — Hospital constructed. There have been several additions and special use permits granted since the hospital was constructed in 1965, see report. 1974 — Medical Building was constructed. 1974 — Skyway from medical building to hospital was constructed. 1983 — Building addition to medical building. Legal Description of Property: See legal description on preliminary plat. Public Utilities: Existing buildings are connected and utilities are available for new building. SPECIAL INFORMATION Transportation: The property currently receives access from Osborne Road, Lyric Lane, and Madison Street. Physical Characteristics: Buildings, parking areas and landscaping. SU M MARY OF PROJECT 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. The petitioner is also seeking a special use permit to allow the construction of the free-standing medical clinic/office building in an R-1, Single Familyzoning district, to be located on the northwest side of the hospital property, at 500-550 Osborne Road. SU M MARY OF ANALYSIS City Staff recommends approval of the preliminary plat request, with stipulations. • Proposed lots meet minimum standards. City Staff recommends approval of this special use permit, with stipulations. ■ 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 Aerial of Existing Hospital Building, Professional Building and Grounds CITY COUNCIL ACTION/ 60 DAY DATE City Council — November 4, 2009 60 Day — November 30, 2009 Staff Report Prepared by: Stacy Stromberg PS #09-05 and SP #09-17 REQUEST 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. A special use permit is also being sought to allow the construction of the free-standing medical clinic/office building in an R-1, Single Family zoning district, which will be located on the northwest side of the hospital property, at 500-550 Osborne Road. PROPOSED PROJECT The petitioner is proposing to construct a free-standing, 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. �� , i As most of you may recall, Unity Hospital was granted a special use permit in October of 2008 to allow for the construction of a free-standing 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 collocating 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. SITE DESCRITPTION & HISTORY 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. Also, located on the property is a maintenance garage and a single family house. The house will be removed as part of the proposed project. Additions to the hospital have occurred in 1967, 1970, 1971, 1980, 1981, 1982, 1985, 1991, 1993, 1996, and 1999, 2003, and 2006. Special use permits were granted in 1984, 1993, 1995, 1999, 2003, 2006, and 2008 to allow expansions of a hospital use in a residentially zoned district. 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. 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. ANALYSIS AND CODE REQUIREMENTS Plat Request, #09-05 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 1A and 1 B, Lots 2A and 2B and Lots 3A and 3B, Block 1, Unity 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 doesn't 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. 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 2 special use permit review in this report. It should be noted though, that each parcel combined (A&B) meets the minimum lot size required for the CR-1 zoning district. Special Use Permit Request, #09-17 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. The medical office building is proposed to be located on Lots 1A and 1B, which is 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. 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. The petitioner is proposing to construct a new access to the Unity Hospital Campus via 5tn Street. The site plan submitted shows this access as a right-in/right-out/left-in access only. The reason for this is to attempt to restrict a west-bound left turn from the site into the neighborhood. The design proposed for this access is the most ideal situation for the proposed clinic, existing hospto-�al; and the neiqhborhood. 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 emerqency vehicles to both the proposed clinic site and the existinq hospital and w ..................... a.......................................... ............................................................. a.............. v.............................................................................................................................................................. �....................... v............................................. professional buildin� Staff analyzed whether it would be i.mportant to try to match up the new clinic/hospital entrance_with 76tn Avenue. Though in most situations, City staff would prefer to have the driveways match up, in this case, staff thinks it's 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 existing east-west connection in-tact, 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 also help to keep potential motorist out of the neighborhood by eliminating the option to cross 5th Street over to 76th Avenue, and then having them maneuver their way out of the neighborhood. The proposed expansion meets lot coverage and setback requirements. TRAFFIC STUDY 2030 Comprehensive Plan — Transportation Chapter 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 4-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 / 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. Review of Traffic Study prepared by SRF Consulting Group, Inc. 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. 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 5th Street (north of 76th Avenue) will increase significantly under the built condition. The reason for the increase is because there will be new motorists turning on 5th Street from Osborne Road to get to the Unity Hospital campus and motorists leaving the campus on 5th 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. Unity Hospital Traffic Study Description AM Peak PM Peak AM Peak PM Peak AM Peak PM Peak Hour Hour Hour Hour Hour Hour (Osborne (Osborne (Osborne (Osborne (Osborne Rd (Osborne Road & 5t" Road & 5t" Road & Road & & Main Road & Main Street) Street) Right In Right In Hospital Hospital Access Access Entrance) Entrance) Only) Only) In In In In Out Out Out In Out In Out Out Existing 15 25 26 29 168 0 43 0 101 81 42 266 Conditions Year 2011 Build 85 50 70 120 205 0 60 0 115 95 60 335 Conditions The City is currently waiting for comments from the Anoka County Highway Department as Osborne Road is a County road. The petitioner has articulated to staff that they have been told by Anoka County, that signalization will not be warranted at the Osborne Road/5th Street intersection because it's too close to the signal at University Avenue and Osborne Road. City staff will stipulate that the petitioner meet any and all requirements set forth by the Anoka County Highway department. SIDEWALK 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 5th Street, Lyric Lane and Madison Street and has developed a timeline for that installation. � WETLAND AND STORM WATER MANAGEMENT The petitioner has illustrated that storm water management for the site will be handled using a standard pond/surface drainage system 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. RECOMMENDATIONS City Staff recommends approval of the preliminary plat request, with stipulations. • Proposed lots meet minimum standards. City Staff recommends approval of this special use permit, with stipulations. ■ 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. STIPULATIONS 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 �nal plat approval. 2. New cross parking agreements shall be established and �led between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon �nal 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 deb�is. litter. All construction materials shall be properly manaqed on site to avoid neiqhborhood impacts. 9. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p. m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. �Ale Future additions/expansions on this site shall �ro� ,�,;�h,,,,� � cfrofaivin nl�n f„r cfri�nfi�rar! n�rliiniv be reviewed by City Staff and a , determination shall be made reqardinq the need for a strateqic plan for structured parkinq. If sufficient additional parkinq is repuired based on the addition, a structured parkinq plan will be repuired. 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 ft. easement and sidewalk along 5t`' Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staff. fQI'^��F Y�I+/1W1W1�H/`IC% Installation of 5t`' 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. Stormwater 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. 7 � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 December 1, 2009 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #09-17, Premier FMC, LLC INTRODUCTION The petitioner, Mr. Lee, with Premier FMC, LLC, is seeking a special use permit to allow the construction of a free-standing medical clinic/office building in an R-1, Single Family zoning district, which will be located on the northwest side of the hospital property, at 500-550 Osborne Road. The petitioner is proposing to construct a free-standing, 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 �^�A JIS'Id A{E Nd' � QL � '.r'^�� ..:.� _.' IPS"�`J� : � r �y.'q ....... �� ......ak'EK ... ... ...... ra ,� � � � �... � � � �V � � M _ � '�"" , .x, ' i�� r i � r— i� �,:,, . ~ � II i � � I L- -:.1 ..- .� '� . �' � t- �� ° _ _� .� � _ �' i� �, PLANNINGCOMMISSION ��y = =-� LOi � ¥. RECOMMENDATION ' ,� � _ -��: � � .- � . , At the November 18, 2009, Planning � � _ �-; M Commission meeting, a public � - � " hearing was held for SP #09-17. '�' °-�� - I _nF After a brief discussion, the Planning k� �' = Commission recommended approval of special use permit, to stipulations #8 and #10. SP #09-17, with minor modifications Stipulation #8 is simply reworded to say that the site should remain free of construction "litter" instead of "debris" and that the construction materials should be properly maintained. The petitioner asked that Stipulation #10 be modified so that a minor 500 sq. ft. addition would not require a plan for structured parking. Please see stipulation modifications that were made in the attached staff report. A copy of the resolution with the modified stipulations is attached. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon �nal plat approval. 2. New cross parking agreements shall be established and �led between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon �nal 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 am. 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 ft. easement and sidewalk along 5t`' Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staff. Installation of 5t`' 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. Stormwater 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. RESOLUTION NO. 2009 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 09-17 FOR PREMIER FMC, LLC, GENERALLY LOCATED AT 500-550 OSBORNE ROAD NE WHEREAS, Section 205.07.O1.C.7 of Fridley City Code allows medical clinics in an R-1, Single Family 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 Premier FMC, LLC on behalf of the North Suburban Hospital District and the Fridley Medical Center, for the property generally located at 500-550 Osborne Road NE in Fridley, legal description attached in Exhibit B, for a Special Use Permit SP# 09-17 for the construction of a medical clinic; and WHEREAS, on December 14, 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# 09-17; and WHEREAS, the petitioner, was presented with Exhibit A, the stipulations for SP# 09-17, at the December 14, 2009 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 09-17 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 14tn DAY OF DECEMBER, 2009. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 09-17 Special Use Permit for a Medical Office Clinic Premier FMC, LLC, Generally located at 500-550 Osborne Road NE, Fridley, MN Stipulations 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 properiy 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 ft. easement and sidewalk along St'' Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staff. 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. Stormwater 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. EXHIBIT B SP# 09-17 Special Use Permit for a Medical Office Clinic Premier FMC, LLC, Generally located at 500-550 Osborne Road NE, Fridley, MN Legal Description Parcel I and Parcel II (Torrens/Certificate No. 43167) Parcel L That part of the Northeast Quarter of the Northwest Quarter of Section 11, Township 30, Range 24, Anoka County, Minnesota lying southerly of the southerly line of the plat of OSBORNE MANER 2� ADDITION, Anoka County, Minnesota,; lying east of the plat of OSBORNE MANOR, Anoka County, Minnesota; lying north of the plat of MELODY MANOR 2� ADDITION, Anoka County, Minnesota; except that part thereof included within the following described property to-wit: That part of OSBORNE MANOR 2� ADDITION, of vacated 76t'' Avenue Northeast and of the Northeast Quarter of the Northwest Quarter of Section 11, Township 30, Range 24, all is Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 12, Block 1, said OSBORNE MANOR 2� ADDITION; thence South 1 degree 7 minutes 22 seconds East, along the easterly line of said Lot 12 and the easterly line of said Northeast Quarter of said Northwest Quarter, 135.59 feet to the actual point of beginning; thence continuing South 1 degree 7 minutes 22 seconds East, along said easterly line of said Northeast Quarter of said Northwest Quarter, 342 feet; thence North 89 degrees 19 minutes 22 seconds West a distance of 132 feet; thence South 0 degrees 40 minutes 38 seconds West a distance of 110.17 feet; thence North 89 degrees 19 minutes 22 seconds West a distance of 196.74 feet; thence North 0 degrees 40 minutes 38 seconds East a distance of 452.00 feet; thence South 89 degrees 19 minutes 22 seconds East a distance of 318.00 feet to the actual point of beginning. Parcel IL Lots 8, 9, 10, 11, and 12, Block 1, OSBORNE MANOR 2� ADDITION, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota; except that part thereof lying northerly of a line described as follows: Beginning at a point on the west line of said Lot 8, distant 5.00 feet southerly of the northwest corner of said Lot 8; thence easterly to a point on the east line of said Lot 12, distant 75.00 feet southerly of the northeast corner of said Lot 12, and there terminating. Together with that part of vacated 76t'' Avenue N.E. lying between the southerly e�tension of the west line of said Lot 8 and the southerly extension of the east line of said Lot 12; EXCEPT that part thereof included within the following described property, to-wit: That part of OSBORNE ROAD 2� ADDITION, of vacated 76t'' Avenue N.E. and of the Northeast Quarter of the Northwest Quarter of Section 11, Township 30, Range 24, and in Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 12, Block 1, said OSBORNE MANOR 2� ADDITION; thence South 1 degree 7 minutes 22 seconds East, along the easterly line of said Lot 12 and the easterly line of said Northeast Quarter of said Northwest Quarter, 135.59 feet to the actual point of beginning; thence continuing South 1 degree 7 minutes 22 seconds East, along said easterly line of said Northeast Quarter of said Northwest Quarter, 342 feet; thence North 89 degrees 19 minutes 22 seconds West a distance of 132 feet; thence South 0 degrees 40 minutes 38 seconds West a distance of 110.17 feet; thence North 89 degrees 19 minutes 22 seconds West a distance of 196.74 feet; thence North 0 degrees 40 minutes 38 seconds East a distance of 452.00 feet; thence South 89 degrees 19 minutes 22 seconds East a distance of 318.000 feet to the actual point of beginning. Parcel III (Torrens/Certificate No. 53929) That part of OSBORNE MANOR 2� ADDITION, of vacated 76t'' Avenue N.E. and of the Northeast Quarter of the Northwest Quarter of Section 11, Township 30, Range 24, all in Anoka County, Minnesota, described as follows: Commencing at the northeast corner of Lot 12, Block 1, said OSBORNE MANOR 2� ADDITION; thence South 1 degree 7 minutes 22 seconds East, along the easterly line of said Lot 12 and the easterly line of said Northeast Quarter of said Northwest Quarter, 135.59 feet to the actual point of beginning; thence continuing South 1 degree 7 minutes 22 seconds East, along said easterly line of said Northeast Quarter of said Northwest Quarter, 342 feet; thence North 89 degrees 19 minutes 22 seconds West a distance of 132 feet; thence South 0 degrees 40 minutes 38 seconds West a distance of 110.17 feet; thence North 89 degrees 19 minutes 22 seconds West a distance of 196.74 feet; thence North 0 degrees 40 minutes 38 seconds East a distance of 452.00 feet; thence South 89 degrees 19 minutes 22 seconds East a distance of 318.00 feet to the actual point of beginning. By Order poc. No. 140156 Future Certificates of Title for this property shall have the following entered into the body of the description. "Together with an easement for parking lot purposes over part of Parcel II described in Certificate of Title No. 43167 and easements for vehicular parking purposes and for drainage purposes over part of Parcel I described in Certificate of Title No. 43167, as set forth in Easement Agreement dated January 12, 1977 and filed February 28, 1977 as Registrar of Titles Doc. No. 93348 and First Amendment to Easement Agreement dated December 1, 1983 and filed March 6, 1984 as Registrar of Titles Doc. No. 13523. (See Order poc. 140156) Subject to easement for vehicular parking purposes and for drainage purposes as set forth in Easement Agreement dated January 12, 1977 and filed February 28, 1977 as Registrar of Titles Doc. No. 93349 and First Amendment to Easement Agreement dated December 1, 1983 and filed March 6, 1884 as Registrar of Titles Doc. No. 132524. (See Order poc. No. 140156.)" Legal Description Abstract Parcel A Lots 1, 2, 3, 4 and 5, Block 1, OSBORNE MANOR 2� ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. And That part of Lots 8, 9, 10, 11, and 12, Block 1, OSBORNE MANOR 2� ADDITION, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, lying Northerly of a line described as follows: Beginning at a point on the West line of said Lot 8, distant 5.00 feet Southerly of the Northwest corner of said Lot 8; thence Easterly to a point on the East line of said Lot 12, distant 75.00 feet Southerly of the Northeast corner of said Lot 12, and there terminating. And Parcel B Lot 6, Block 1, OSBORNE MANOR 2� ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. And Parcel C Lot 7, Block 1, OSBORNE MANOR 2� ADDITION, Anoka County, Minnesota; together with the Northerly one-half of the portion of vacated 76t'' Avenue N.E. lying between the Southerly extensions of the East and West lines of said Lot 7. (See Note 2 below) Parcel D Outlot 1, MELODY MANOR 2� ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. Parcel E All that part of the Northwest Quarter of the Northeast Quarter of Section 11, Township 30, Range 24, described as beginning at the Northwest corner of said quarter quarter; thence on an assumed bearing of South 1 degree 7 minutes 22 seconds East along the West line of said quarter quarter a distance of 1188.03 feet to the most Northerly corner of MELODY MANOR 2� ADDITION; thence continuing South on the last described bearing a distance of 54.88 feet to a corner of said Addition; thence North 46 degrees, 59 minutes, 44 seconds East a distance of 67.97 feet to another corner of said Addition; thence Northeasterly along the Northwesterly line of Lyric Lane as shown on the plat of MELODY MANOR 4Tx ADDITION, on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, for a distance of 948.71 feet to the Southwest corner of Outlot 1, said plat of MELODY MANOR 4TH ADDITION; thence North along the West line of said Outlot 1, to the North line of said Section 11; thence West along the North line of said Section 11, to the point of beginning, all according to the United States Government Survey thereof, and to the respective recorded plats thereof, Anoka County, Minnesota. Proposed Legal Description of vacated 76t'' Avenue N.E. to be reverted to Lot 7, Block 1: That part of the south half of vacated 76t'' Avenue N.E. lying westerly of the southerly extension of the east line of Lot 7, Block 1, OSBORNE MANOR 2� ADDITION, according to the recorded plat thereof, Anoka County, Minnesota. � � CfTY �F FRI�LEY Date: �� AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 14, 2009 December 9, 2009 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Harris, Environmental Planner Subject: Resolution for Solid Waste Abatement Program (SWAP) Fee Increase Background Annually, staff reviews the curbside recycling program revenues and expenses for the purpose of setting an appropriate recycling service fee on City utility bills for the upcoming year. Revenues are generated from the SWAP fee on the utility bill, State SCORE grant funds for qualified recycling expenses, and the sale of curbside recyclables. The SWAP fund obtains its primary source of revenue from fees on utility bills. Raising the recycling program fee by 3.8 percent in 2010 will increase the quarterly fee from $6.78 to $7.04 per household. This results in a$1. 04 increase per year for residents. Expenses in the SWAP fund include the curbside recycling service, recycling drop-off services, personnel, and public education. The largest expense comes from the curbside recycling contract. Fridley's one-year contract extension with Allied Waste continues through March 31, 2011. The contract costs will increase by 2% in 2010. From January to March, the City will pay a quarterly rate of $7.80. Thereafter, the rate paid will be $7.95 per household. Revenue from the County SCORE grant and sale of curbside recyclables are not guaranteed. Staff believes it would be wise fiscal management to raise the SWAP fee to the allowable maximum of 3.8 percent. Recommendation Staff recommends that the City Council adopt the attached resolution, directing staff to increase the SWAP recycling service fee by 3.8 percent to $7.04 per quarter effective with the first utility billing of 2010. ENV-03-09 RESOLUTION NO. 2010- A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling services, including curbside recycling; and WHEREAS, the State provides only partial funding to subsidize the City's recycling efforts so that the remaining costs must be paid by the user of such services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 12-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $7.04 per dwelling per quarter effective with the first utility billing of 2010. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14T" DAY OF DECEMBER 2009. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � CffY OF FRIDLEY TO: FROM: SUBJECT: Date: AGENDA ITEM COUNCIL MEETING OF DECEMBER 14, 2009 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SEWER RATE INCREASE FOR 2010 December 10, 2009 As part of the budget work done this year, Staff worked with the 5 year pro forma statements in order to determine the break even point for the Sewer Fund for the year 2010. As you recall the largest expenditure for this fund is the charge from the Metropolitan Council Environmental Services for the disposal of the city's sewage. The increased charge represents both the increase in flow and also the rate per million gallons. The following is the recommended rate structure for the Sewer Fund for 2010. The fixed charge would be assessed on a quarterly basis and would account for the administrative charges associated with the billing and maintenance of customer information. The volume rate would be used based on the amount of gallons a customer would consume during the quarter. The winter quarter water consumption would be the basis for the following 4 quarters of sewer charges. This process would remove the impact that lawn watering has on any of the other 4 quarters. Prouertv Class Single Family Commercial Non-Profit Multiple Dwellings Manufactured Home Park Consumption Basis Winter Quarter Water Usage Current Quarter Water Usage Current Quarter Water Usage Winter Quarter Water Usage Winter Quarter Water Usage Fixed Charge $7.75 $7.75 $7.75 $7.75 $7.75 Volume Charge $3.30/1,000 gallons $3.30/1,000 gallons $3.30/1,000 gallons $3.30/1,000 gallons $3.30/1,000 gallons Staff is recommending Council's consideration of this sewer rate change beginning with the first billing in 2010. Staff is recommending Council make a motion to approve the attached resolution. RESOLUTION NO. 2009 - RESOLUTION PROVIDING FOR SEWER STRUCTURE AND RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set sewer rates by resolution, and WHEREAS, the City conducted a study which identified a structure that included both a fixed and volume based component that provides sufficient revenues to cover the cost of transmission of liquid waste water from homes and businesses within the City of Fridley to the regional treatment plant, and WHEREAS, the study identified rates that are sufficient to provide the necessary revenues to cover the disposal charges incurred by being a part of the metropolitan wide sanitary sewer disposal system that is managed by Metropolitan Council Environmental Services, and WHEREAS, it is necessary to provide an increase of revenue in order to replenish the cash balance to provide for adequate cash flow and avoid future short term borrowing, and WHEREAS, the following rate structure and rates are to be effective with the January, 2010 billing. NOW THEREFORE, be it resolved, that the following sewer rate schedule for all customers shall be as follows: Prouertv Class Consumution Basis Single Family Winter Quarter Water Usage Commercial Current Quarter Water Usage Non-Profit Current Quarter Water Usage Mulriple Dwellings Winter Quarter Water Usage Manufactured Home Park Winter Quarter Water Usage Fixed Charge $7.75 $7.75 $7.75 $7.75 $7.75 Volume Charge $3.30/1,000 gallons $3.30/1,000 gallons $3.30/1,000 gallons $3.30/1,000 gallons $3.30/1,000 gallons PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14th DAY OF DECEMBER, 2009. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF DECEMBER 14, 2009 TO: WILLIAM W. BURNS, CITYMANAGER FROM.• RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• WATER RATE INCREASE FOR 2010 DATE: DECEMBER 10, 2009 As part of the budget work done this year, Staff worked with the 5 year pro forma statements in order to determine the break even point for the Water Fund for the year 2010. As you recall this fund was near depletion of its cash resources and was on the verge of needing to borrow money to continue to operate. During 2008, we completed a rate study that allowed us to comply with new state statute related to a conservation based rate structure and to provide for a rate that would begin to build our necessary cash reserve. The following is the recommended rate structure for 2010. The fixed charge would be assessed on a quarterly basis and would account for the administrative charges associated with the billing and maintenance of customer information. The volume rate would be used based on the amount of gallons a customer would consume during the quarter. 2010 Rates and Structure Residential Actual Consumption (Quarterly 0 — 20,000) Actual Consumption (Quarterly 20,001 — 40,000) Actual Consumption (Quarterly 40,001 — 60,000) Actual Consumption (Quarterly 60,001 — unlimited Commercial Actual Consumption (Quarterly 0 — 40,000) Actual Consumption (Quarterly 40,001 — 250,000) Actual Consumption (Quarterly 250,001— 500,000) Actual Consumption (Quarterly 500,001— 1,000,000) Actual Consumption (Quarterly 1,000,001 — unlimited) Fixed Char�e $10.00 $10.00 Volume Rate per 1,000 Gallons $1.13/1,OOOg $1.25/1,OOOg $1.37/1,OOOg $1.48/1,OOOg $1.37/1,OOOg $1.53/1,OOOg $1.70/1,OOOg $1.87/1,OOOg $2.04/1,OOOg Staff has incorporated this structure and revenue into the 2010 Budget that has been presented to Council. Staff is recommending Council's consideration of the water rate modification beginning with the first billing in 2010. Staff is recommending Council make a motion to approve the attached resolution. RDP Attachment RESOLUTION NO. 2009 - RESOLUTION PROVIDING FOR WATER STRUCTURE AND RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set water rates by resolution, and WHEREAS, the Minnesota Statutes, section 103G.291, was amended in 2008 requiring that public water suppliers serving more than 1,000 people adopt water rate structures that encourage conservation by January 1, 2010, and WHEREAS, the City Council has studied its current water rate structure and finds that it is in compliance with the newly enacted changes to Minnesota Statutes, section 103G.291 following a rate study and adjusted rate structure, and WHEREAS, it is necessary to provide an increase of revenue in order to replenish the cash balance to provide for adequate cash flow and avoid future short term borrowing, and WHEREAS, the following conservation based rate structure and rates are to be effective with the first billing in January, 2010. NOW THEREFORE, be it resolved, that the following water rate schedule for all customers shall be as follows: All Customers Fixed Charge $10.00/Quarter WATER RATE SCHEDULE —RESIDENTIAL (Includes single family homes, multiple dwellings, non profits, and manufactured home parks) 0 — 20,000 gallons 20,001 — 40,000 gallons 40,001 — 60,000 gallons 60,001 — Unlimited gallons $1.13/1,000 gallons $1.25/1,000 gallons $1.37/1,000 gallons $1.48/1,000 gallons WATER RATE SCHEDULE — COMMERCIAL 0 — 40,000 gallons 40,001 — 250,000 gallons 250,001 — 500,000 gallons 500,001 — 1,000,000 gallons 1,000,001 — Unlimited $1.37/1,000 gallons $1.53/1,000 gallons $1.70/1,000 gallons $1.87/1,000 gallons $2.04./1,000 gallons PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14th DAY OF DECEMBER, 2009. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 14, 2009 �ffY �F FRIDLEY INFORMAL STATUS REPORTS