05/18/2009 - 29235CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 18, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director
James Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
APPROVAL OF PROPOSED CONSENT AGENDA
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization Meeting of Apri127, 2009
City Council Meeting of Apri127, 2009
City Council Meeting of May 4, 2009
APPROVED
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of May 6, 2009.
RECEIVED.
2. Receive Bids and Award Contract for Elevated Water Tower No. 1 Rehabilitation
Project No. 382.
William Burns, City Manager, said five bids were opened on May 12, 2009. The low bid was
received from Odland Protective Coatings, Inc., of Rockford, Minnesota, in the amount of
$443,000. $512,000 was budgeted for this work The bid was a prevailing wage bid as required
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 2
by bid documents. References have been checked and they are excellent. The work will start on
July 6, 2009. Staff recommends Council's approval of the bid to the low bidder.
RECEIVED BIDS AND AWARDED CONTRACT FOR ELEVATED WATER TOWER
NO. 1 REHABILITATION PROJECT NO. 382 TO ODLAND PROTECTIVE
COATINGS, INC.
3. Claims (141596 — 141805).
APPROVED.
4. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
5. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Shank Contractors, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Improvements
Project No. 379
Estimate No. 5 ..............................................................................$ 88,484.40
Colt Construction Services, LLC
285 Forest Grove Drive, Suite 126
Pewaukee, WI 53072
85th Avenue Trail Project
Project No. ST. 2007-4
Estimate No. 3 .............................................................................. $ 249,605.41
Ron Kassa Construction
6005 East 250th Street
Elko, MN 55020-9447
Miscellaneous Concrete Repair
Proj ect No. 3 84
Estimate No. 1 .............................................................................. $ 4,541.00
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded
by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda removing Items 7, 8, and 9.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Councilmember Bolkcom thanked the Lions and others who volunteered to help paint the
Banfill-Locke Center this past week It looks great.
PUBLIC HEARINGS:
6. Consideration of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #09-01,
by Premier Central 65 Partners, to Seek Four Land Use Actions in Order to Allow for
the Redevelopment of Property, Generally Located at 7011 University Avenue N.E.)
(Ward 1)
MOTION by Councilmember Varichak to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
7:40 P.M.
Scott Hickok, Community Development Director, said the petitioner is seeking four separate
land use actions from the City of Fridley.
1. A rezoning request from M-2 to R-3;
2. A plat request to split one large, 14-acre parcel into two parcels;
3. A special use permit request to allow for the construction of a 50,000 sq. ft.
medical clinic on the southern lot; and,
4. A special use permit request to allow the construction of a senior living facility on
the northern lot.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 4
Mr. Hickok said Premier Properties is proposing to construct a 4-story (over enclosed garage)
senior living complex. The proposed development will consist of 176 total residential dwelling
units for senior citizens. The clinic will be a 2-story, 50,000 square foot building, with a brick,
glass and stucco-like e�terior. Parking for physicians will be provided in a parking lot west of
the proposed building, while patient parking will occur on the east side of the building. Joint
access will run through the center of the lot. This joint drive will also serve as access to the
City's fire training site and will replace the existing fire-training site access easement. A
replacement easement has been offered by the developer but must be formalized through use of
the appropriate descriptions, documentation and filing.
Mr. Hickok said that a rezoning is being requested from M-2, Heavy Industrial, to R-3, Multi-
Family. The proposed rezoning is being sought to allow for the redevelopment of the site. The
proposed medical clinic and senior project meets several of the objectives that the residents of
Fridley identified in the visioning sessions for the 2030 Comprehensive Plan update. This
update is before the Met Council for approval at this time and staff expects to have the final
review before the City Council in June of 2009.
Mr. Hickok said only about 8% of Fridley's housing is of the townhome or condominium
structure type, yet 23% of Fridley's residents were over age 55 in 2000, and that percentage is
growing. To accommodate Fridley's senior citizens' desires to live in maintenance-free housing,
more types of senior housing need to be constructed. The R-3 classification chosen by the
petitioner is acceptable, since it is an expansion of a district that already exists (Woodcrest
Baptist Church) and it does not require e�traordinary considerations. Both nursing and
convalescent homes and medical centers are permitted as special uses in an R-3, Residential
District. This request passes the test for a rezoning because it matches the Comprehensive Plan
vision for redevelopment and it does represent an expansion of the R-3, Multi-Family Residential
District.
Mr. Hickok said the proposed replat will create two lots. Since, the petitioner is seeking a
rezoning to R-3, Multi-Family, City staff has asked the petitioner to design their projects to meet
the CR-1 standards for the medical clinic and the R-3 standards for the senior development. The
petitioner is proposing to construct a 50,000 square foot medical clinic on Lot 2(southern lot).
A medical clinic of this size would require 300 parking stalls. The petitioner proposes to
construct 300 parking stalls on site. All other code requirements, including but not limited to,
setbacks and lot coverages are being met on this site.
Mr. Hickok said the petitioner is proposing to construct a 4-story senior building along the west
and north sides of Lot 1, with an attached 1-story nursing home along the east side of the lot.
City code requires that buildings in an R-3 zoning district not exceed 65 feet in height, when
measured from grade to the mid-span of the roof. The petitioner's plans currently show the
building at 60 feet to the peak, therefore meeting code requirements.
Mr. Hickok said recent soil borings done on the site discovered that there is a high water table in
the area where the senior building will be located. As a result, the petitioner may need to
increase the height of the building to compensate for the high water table. The petitioner has
expressed to staff that they are confident they will be able to comply with the maximum 65 foot
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 5
height limit. The proposed project is in compliance with lot coverage, parking and all setback
requirements.
Mr. Hickok said petitioner has not submitted a formal housing study. A memorandum from a
housing analyst has been submitted to this development group indicating that there is a demand
in the Fridley area for 240 beds (skilled nursing beds) of the nature proposed. They note that
over the ne�t five years, the level of units demanded now will likely decrease due to other
competitive developments in the area that are now in some stage of planning or construction.
Mr. Hickok said the City's 2030 Comprehensive Plan indicates that in 2005, the portion of
University Avenue adjacent to the proposed Senior/Medical Facility project carried 34,000
vehicles per day. At this traffic level, it is carrying 3,000 less vehicles per day than its maximum
design capacity. Using the State's range of 31,000 to 37,000 vehicle trips per day, the roadway is
within specifications to function at a Level of Service (LOS) D. The 2030 Comprehensive Plan
anticipates that University Avenue will be carrying over 38,000 vehicles per day by the year
2030, and would be above its design capacity. This project brings the roadway and its
intersection at 69th Avenue and University Avenue closer to capacity, earlier than anticipated.
As a result, MnDOT was asked to comment on the perceived or real impacts of the development.
MnDOT's comments back to the City did not show any concerns related to the increase in
traffic. The combination of uses on this site will not cause the need for changes at intersections,
including signals.
Mr. Hickok said petitioner held a meeting with the neighborhood regarding this project on
Wednesday, April 29, 2009, at the Fridley Community Center. Approximately 50 people
attended the meeting and the comments and questions were very positive. A couple questions
were asked regarding the choice to place the clinic south and the residence north. The developer
indicated that both end users preferred the site plan as proposed. A resident inquired whether
truck traffic could be directed north, while cars continued to use the 69th Avenue intersection.
The answer to this question is something that cannot be controlled by the developer of this site,
but instead is a larger issue. The City's response would be that the roadways and intersections
were designed to handle both, and signs likely would not be observed.
Mr. Hickok said the Planning Commission held a public hearing for ZOA #09-01, PS #09-02,
SP #09-03 and SP #09-04 on May 6, 2009. After receiving public comment and having a brief
discussion, the Planning Commission unanimously recommended approval, with stipulations.
City Staff recommends concurrence with the Planning Commission.
Councilmember Bolkcom asked about the site plans and what the changes were because the
stipulations mention a different date; March verses May.
Mr. Hickok said that the one recommended is the most recent site plan and the one staff would
like to see implemented.
Councilmember Bolkcom commented that a lot of parking seemed to be in the area. She
encouraged staff to take a look at the parking and try to allow more area to green space. She also
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 6
asked if that much parking was necessary because not many residents from the senior community
would need parking.
Mr. Hickok said that since the original site plan was proposed there has been a revision and a
reduction has been made. More area will be added to green space which will soften the impact
and create a nicer entrance into the senior project.
Councilmember Bolkcom noted if more parking is needed, it could be added later. She asked
for clarification regarding the truck traffic and if they were referring to truck traffic in general or
truck traffic related to this project.
Mr. Hickok said that staff did not attend the neighborhood meeting but his understanding was it
related to truck traffic that currently exists.
Councilmember Bolkcom said in the past, businesses close to residential areas would ask
delivery trucks to go north before they go south. This is not a new request because it has been
done in the past.
Mayor Lund said that truck traffic seemed to be one of the biggest issues at the neighborhood
meeting. Many people at the neighborhood meeting suggested reversing the two buildings. He
asked Mr. Winkels to explain why it would not be possible to reverse the site plan.
Jim Winkels, Amcon Construction, said that is where the medical clinic prefers to be and they
also think it is better in terms of access and because that building will generate more traffic than
the senior project. They also think that sharing parking between the properties will work best
based on the current plan.
Frank Dunbar, Dunbar Development Corporation, said the truck traffic was monitored and the
office group indicated a preference for the south side. They also prefer the front yard to face the
sun, so the area would not be as icy and to have the housing further away from the activities of
the soccer fields. The truck traffic/noise issue was looked at after concerns arose from the
neighborhood meeting. The senior housing developers are aware they will have to do something
with the windows on the east side to block the industrial view and noise.
Mayor Lund voiced his concern regarding the industrial properties to the north. He asked what
assurances or guarantees were in place to address these issues once the building is constructed
and changes cannot be made. He said Council is responsive to complaints and if citizens
complain, how should the issues be addressed?
Mr. Dunbar said this issue has been stated with the public and they have been candid and
straight forward. The housing team will be investing $25.0 million in this project and would not
do anything that would reduce the marketability or to serve customers. If the site plan was
reversed, then Walker would not pursue building on the site.
Mayor Lund asked how much time was spent at the site monitoring the traffic and noise
situation.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 7
Mr. Dunbar answered about'/z hour time periods during the day and evening hours but not after
9:00 p.m. or before 7:00 a.m.
Councilmember Saefke asked what the name of the medical building was that was going to be
on site.
Mr. Winkels answered Multicare Associates. They were looking for alternatives for updated
facilities.
Mayor Lund said that the neighbors are in favor of this project but there is a concern about the
noise.
Mr. Winkels said that both entities involved with the development have spent time at the site
and believe this is the best way to develop the project.
Dean Suda, International Paper, said their company has no problem with the development but
are concerned with noise and trucks that come from their company. Industrial Paper is a 24-hour
operation and there are busy and slow times. Trains come through and blow their whistles at
3:00 a.m. or 5:00 a.m. or any time of day. He thinks the soccer field would create a more
pleasant view than the industrial area.
Mayor Lund commented the way the site plan is presented does allow more accessibility for
parking.
Councilmember Barnette said Industrial Paper has been very upfront about problems that may
arise and the contractors say they understand the noise and it will not be a problem. It would be
hard for the tenants to come back and say they were not aware it would be so noisy. The noise
issue has been addressed, accepted and is on record.
Mayor Lund said there is no guarantee that the noise issue will not come up once the facility is
up and running. If complaints arise, International Paper may be asked if they are doing
something different to cause more noise.
Mr. Suda said they just wanted to go on record about the noise issues.
Councilmember Bolkcom said people are aware of the noise issue and the facility is supposed
to do more sound proofing and special window treatments to reduce the noise.
Paul Gunderson, 412 Rick Creek Blvd., said that he lives three houses south of the ice arena
and he is 100% in favor of this project. This project will be good for the neighborhood and good
for the City of Fridley.
Councilmember Bolkcom asked for further explanation of the park dedication fees.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 8
Mr. Hickok said the normal procedure for park dedication is the City will ask for 10% of the
land or cash for park dedication fees. Jack Kirk said in this case it would be better to have
parking for the park and connections for walkways rather than the land or cash. Staff has
requested this be included in the site plan. The developers are interested in cooperating.
Councilmember Bolkcom asked if things did not get approved as is would anything other than
the stipulations need to be changed.
Mr. Hickok said if Council decided the land would be better than a parking lot exchange, it
would affect the site plan and may cause some problems.
Councilmember Bolkcom asked what the difference was between an R-3 and a development
district.
Mr. Hickok said that there would have been one less stipulation in a development district. The
rezoning and plats would still be needed and a master plan would still need to be approved by
Council.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
8:29 P.M.
NEW BUSINESS
7. Preliminary Plat Request, PS #09-02, by Premier Central 65 Partners, to Allow the
Creation of Two Lots from One Lot, Generally Located at 7011 University Avenue N.E.
(Ward 1).
This item was removed from the Agenda.
8. Special Use Permit Request, SP #09-03, by Premier Central 65 Partners, to Allow the
Construction of a Medical Clinic on the South Half of the Subject Property Within an
R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E.
(Ward 1).
This item was removed from the Agenda.
9. Special Use Permit Request, SP #09-04, by Premier Central 65 Partners, to Allow the
Construction of an Independent Living, Memory Care and Nursing Home Facility on
the North Half of the Subject Property, Within an R-3, Multi-Family Zoning District,
Generally Located at 7011 University Avenue N.E. (Ward 1)
This item was removed from the Agenda.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 9
10. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special
Revenue Funds, and the Capital Improvement Fund for the Year Ended 2008.
Rick Pribyl, Finance Director, said the adjustments are the result of the completion of the annual
audit process for 2008. This housekeeping measure is similar to past year to eliminate any
negative budget variances within each fund type.
Mr. Pribyl said the bulk of the General Fund adjustments were due to the funding of increases in
"annual leave time" which is what others consider sick time/vacation time, and also sellback of
annual leave. GASB #45 requires the funding of any type of post employment benefit. Many of
the adjustments to the Special Revenue Funds are due to the uncertainty of these funds because
of their special activities. These types of funds are then budgeted at year-end instead of making
quarterly adjustments to each of the funds. The Capital Improvement adjustments were due to a
classification difference between the budget and the actual expenditure classification used to
purchase the asset.
Mayor Lund said towards the end of the year, after the City had planned and approved budgets,
the Governor took back allocations and money spent leaving the City no possibility to cut
budgets at that point. He asked what the LGA monies were for 2009.
Mr. Pribyl said that an increase was received of about $1.3 million, but now that has been cut.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009- . Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
11. Informal Status Reports.
Councilmember Barnette said the Fridley Historical Society will have a walk down memory
lane "Fridley Transit: From the Early Days Forward" on Tuesday, May 19 at 7:00 p.m. at the
Fridley History Center. Everyone is invited to come and share comments and memories.
Councilmember Bolkcom asked about the signal on 85th and Springbrook Drive and if it would
be on the ne�t meeting agenda.
Jim Kosluchar, Public Works Director, said that staff is working with Anoka County and it
should be on the ne�t meeting agenda.
Councilmember Bolkcom noted that Baggan's Pub cancelled their meeting. She said she was
concerned and thought they should be meeting on a regular basis.
Rick Pribyl, Finance Director, said staff initiated the meeting and Mr. Bisek was on vacation.
Another meeting has been scheduled.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 10
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:50
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor