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11/08/2010 - 5315� � CITY COUNCIL MEETING OF NOVEMBER 8, 2010 �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 763-572-3500. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. BOARD OF CANVASS Receive and Certify the Statement of Canvass from the General Election of November 2, 2010 ........................................................ 1- 5 CITY COUNCIL MEETING PRESENTATION: Election Update APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 25, 2010 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of October 20, 2010 ........................................................................... 6- 15 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. Resolution Authorizing Changes in Appropriations for the 2010 Budget for January through October, 2010 ................................. 16 - 18 3. Resolution Approving and Authorizing Signing an Agreement with Police Officers of the City of Fridley Police Department for the Years 2010 and 2011 ............................................ 19 - 47 4. Resolution Calling for a Public Hearing on (A) Adoption of Restated Housing Replacement District Plan for Housing Replacement District No. 1 Including Phases I-IV and (B) Adoption of Phase V for Housing Replacement District No. 1 ............................................ 48 - 51 5. Resolution Authorizing New Grant Fiscal Agent/Administration for Minnesota Department of Public Safety Traffic Enforcement Projects ................................................. 52 - 53 6. Claims (148326 - 148487) ............................................................................... 54 - 67 7. Licenses ....................................................................................................... 68 - 71 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 3 PUBLIC HEARING: 8. Consideration of a Rezoning Request, ZOA #10-02, by Ashland, Inc., to Rezone the Properties at 7315 Highway 65, 7299 Highway 65, and the Vacant Lot South of 7299 Highway 65 from M-1, Light Industrial, to C-2, General Business (Ward 2) ................................................................. 72 - 84 NEW BUSINESS: 9. Resolution to Vacate a Portion of 73'/ Avenue Right-of-Way North of 7315 Highway 65 N.E., with Applicable Stipulations and Dedicate Utility Easements to Allow for the Redevelopment of the Parcel at 7315 Highway 65 N.E. (Vacation Request, SAV #10-03, by Ashland, Inc.) (Ward 2) .......................................................................................................... 85 - 103 10. Approve Revised Development Agreement between the City of Fridley and James Faulkner (Master Plan Request, MP #10-01, 6352 Central Avenue and 1271 East Moore Lake Drive) (Ward 2) ........................................................... 104 - 117 11. Approve 2011 — 2020 Housing Action Plan for the City of Fridley .................................................................................................. 118 - 146 12. Informal Status Reports .................................................................................. 147 ADJOURN. « . ,r TO: FROM: SUBJECT: DATE: AGENDA ITEM ;: • � � � • , � • - • 1 1 . . WILLIAM W. BURNS, CITY MANAGER ��'�� ` ALAN D. FOLIE, INTERIM FINANCE DIRECTOR DEBRA A. SKOGEN, CITY CLF,RK :�at�r� i `�� CANVASS REPORT OF GENERAL ELECTION — NOVEMBER 2, 2010 NOVEMBER 5, 2010 A general election was held on Tuesday, November 2, 2010, to select candidates for the offices of Councilmembers Ward l, 2 arid i. Attaclunent 1 is the Statement of Canvass for this election. State Law states that the City Council must canvass the results of the primaiy election within 10 days of the election. I have iricluded the total number of ballots cast in the City for this election, the total n�unber of votes for each candidate, a true copy of the ballot, and the names of the election judges as required. There were a total nulnber of 15,146 registered voters at 7:00 a.m. and 987 Election Day registrations for a total muilber of 16,1 �3 registered voters. Of those registered voters, 9969 cast a ballot in the City thereby giving the City a voter tlirnout of 61.7%, wluch is 3% lower than the 2006 election and 17% lower than the 2008 general election. Staff recamrriends a motion accepting and certifying the results of the election. �) r/ � � � � � � U � 0 U � � � U � N O � O � :-� O � � � O �1-� � � � N � cd O � � � v � � � .� � � � � � � �� 3 ?? O O O O O 0 ' � > � .� rn d- cn o v(' � �O �D �t �n N c�1 N N N � ��n c� t� cv t� �n o� o � c� � v� � �O �n N � � -� N r� 7 p V f) U U U � � "'" Y ._. C � ^ ~ '- ^U z-�+ � .�.. � � � i.�.. � ��.. O � a 3 a. 3 c. 3 c. 3 c.. 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APPROVED. OLD BUSINESS: 1. Approve Agreement for Residential Recycling Program between the City of Fridley and County of Anoka (Tabled October 11, 2010). FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 2 William Burns, City Manager, said this item was tabled at the last meeting. Staff has since determined that the agreement is for 2010. The item should have been addressed earlier in the year, but was not due to staff error. The contract remains the same from year to year with the exception of the identification of per household SCORE funding from Anoka County. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 2. Appointment — Director of Finance/City Treasurer William Burns, City Manager, said staff recommends the appointment of Darin Nelson to the position of Finance Director effective November 15, 2010. Darin has served as the Assistant Finance Director for the City of Minnetonka since 2005. He has also worked for the State Auditor's Office for more than eight years. Dr. Burns said that Darin holds a Masters Degree in Public and Non-Profit Administration from Metro State University and a B. S. Degree in Accounting from Minnesota State University in Moorhead, Minnesota. Darin has a CPA license and is an active member and Program Committee Chair of the Minnesota Government Finance Officers Association. Staff recommends Council's approval. APPROVED. 3. Claims. APPROVED CLAIMS 148166 — 148316. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 5. Estimates. Valley Paving 8800 — 13th Avenue East Shakopee, MN 55379 2010 Street Rehabilitation Proj ect No. ST2010-01 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150,242.02 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 3 ADOPTION OF AGENDA: Councilmember Bolkcom asked to remove Item Nos. 1 and 5 from the Consent Agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item Nos. 1 and 5. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of Item Nos. 1 and 5. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Joann Zmuda, 6051 4th street, asked about an item from the last meeting under Claims. Check No. 147971 for $16,801.94 was paid to Triland Properties. She asked for more detailed information on this payment. Mayor Lund said staff would research this and get back to Ms. Zmuda. William Burns, City Manager, said the payment could be for the lease payment. Councilmember Bolkcom said she recalled asking a similar question at the last meeting and was told it was related to the lease because Triland owns that property. Don Anderson, 7304 west Circle NE, said trains are still going by and blowing their horns in the quiet zone. Mayor Lund said sometimes the conductor has the right to blow the horn if he sees someone or something on the tracks. For safety reasons, they will sound the horn regardless of the quiet zone. Councilmember Saefke reminded residents who are unable to vote on November 2 that they can still pick up an absentee ballot. Come to City Hall anytime through November lst and pick up an absentee ballot or call the City and one will be mailed to you. PUBLIC HEARINGS: 6. Consideration of Off-Sale 3.2% Malt Liquor License for Northern Tier Retail, LLC, d/b/a Super America, for Three Stores Located at 5667 University Avenue 7299 Highway 65, and 7449 East River Road. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 4 MOTION by Councilmember Saefke to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:45 P.M. Debra Skogen, City Clerk, said the current SuperAmerica Stores are owned by Marathon Oil as corporate stores. Marathon Oil Corporation is in process of selling most of its Minnesota downstream assets. The sale is being financed with Realty Income Corporation who will sell or lease back the property to Northern Tier Retail LLC. Staff provided a copy of the City Code pertaining to off-sale 3.2% malt liquor with the application to SuperAmerica's legal counsel. Ms. Skogen said staff received their application on September 22. SuperAmerica did request the 2:00 a.m. late night and holiday endorsement. The new owners are retaining the current staff and managers. The Public Safety Department has reviewed the application and found no reason to deny the request. Ms. Skogen said the Notice of Public Hearing was published in the Fridley Sun-Focus on October 18 and mailed to their attorney. The final approval for the license is currently scheduled for November 8. Cassie Myhro, Associate of the firm Faegre & Benson LLP, is here tonight representing SuperAmerica. Staff recommends the City Council hold the public hearing on the transfer of the liquor license. Councilmember Bolkcom asked if by applying for the late holiday endorsement anything special needed to be done or if they just have to pay the additional fee. Ms. Skogen said they would just pay the additional fee. Councilmember Bolkcom asked if any additional public hearings would need to be held because of the late holiday endorsement request. Ms. Skogen answered no, staff just wanted to include that information for 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 7:48 P.M. 7. Consideration of the Assessment for Street Improvement Project No. ST. 2008-01A. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:49 P.M. Alan Folie, Acting Finance Director, said this project assessment pertains to the concrete curb and gutter portion of the 2008-01A Project on Siverts Lane. The total number of properties to be assessed is four, with a total assessed cost of $7,874.98. This assessment for is for 10 years at a rate of 6 1/2% interest. Staff recommends the public hearing be opened for public comment. The resolution adopting the assessment follows under new business. Councilmember Bolkcom asked if the assessment is paid within 30 days of the assessment, there would be no interest and the amount would not be added to the taxes. Mr. Folie said correct. If this is approved tonight the homeowner has 30 days to pay interest fee. If homeowners want the assessment to be added to their property taxes it will go on the 2011 taxes and interest would begin today. Mayor Lund said he has driven through the area and there still seems to be some issues with the sod/seed on the east side toward the cul-de-sac area. Layne Otteson, Assistant Public Works Director, said a resident was trying to establish a wild flower garden in that area. Staff was preparing the area for wildflower seed and the first attempt did not work. The area has been re-graded and mesh has been installed so the wild flowers can be re-seeded. This may take a few years to establish and the area will take some maintenance until the seeds germinate. Mayor Lund asked when the mesh was put down. Mr. Otteson said he thought the mesh was put down in July and the seed would have been spread after that. Staff will continue to work with the homeowner. Mayor Lund asked if there was clear documentation that this was the responsibility of the homeowner. Mr. Otteson said staff made it clear to the homeowner the City will assist with preparation of the soil and turf erosion control. The establishment of vegetation and maintenance would be the responsibility of the homeowner. Mayor Lund asked if any of this information was in writing. Mr. Otteson said there are emails and a verbal agreement. Councilmember Bolkcom said sod and grass have been an ongoing problem. She asked if the specifications were noted to use fresh soil. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 6 Mr. Otteson said in 2006, the specifications were changed so the sod mix had to have more organic material which is more conducive to grow sod. Contractors are able to meet these expectations and a sample of soil is requested from the contractor to make sure it is darker in color and has an organic smell. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:00 P.M. 8. Consideration of the Assessment for Street Improvement Project No. 2009-02. MOTION by Councilmember Saefke to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:00 P.M. Alan Folie, Acting Finance Director, said this project assessment pertains to the mill and overlay of 61st Avenue and West Moore Lake Drive. The total number of properties is 32, with a total assessed cost of $159,836.40. The assessment for is 10 years at a 6 1/2% interest rate. Staff recommends the public hearing be opened for public comment. The resolution adopting the assessment follows under new business. Councilmember Bolkcom asked if this assessment was similar to Item No. 7. Mr. Folie answered yes. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:02P.M. 9. Consideration of the Assessment for Street Improvement Project No. 2010-01. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open 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 OPENED AT 8:03 P.M. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 7 Alan Folie, Acting Finance Director, said this project assessment pertains to the scattered mill and overlay of City streets. The total number of properties is 288, with a total assessed cost of $410,412.17. The assessment for is 10 years at a 6 1/2% interest rate. Staff recommends the public hearing be opened for public comment. The resolution adopting the assessment follows under new business. Councilmember Bolkcom said at the pre-meeting information was distributed and one assessment on page 45 should not be included. Mr. Folie said correct. It should not have been assessed based on the assessment policy; for that reason it is being removed. Mary Jucick, 1643 Briardale Road NE, said she and several neighbors are not happy about the quality of roads being put in. They did a terrible job. A few weeks ago the contractor was even working at night and they called the City and asked what time they were allowed to work on the street. She recently had company from out of town and her company asked if they were getting new streets. She had to answer that the street was new. She hopes something is done to resolve the quality of the streets before they are assessed. Mayor Lund said they have received several complaints and did inform the contractor about the late night working; that is against City policy. The City is withholding money from the contractor until a resolution is reached. Councilmember Bolkcom added payment for this contractor was pulled from the agenda for further discussion. Council and staff have seen the quality of their work and it is not good. Ms. Jucick asked if a large company did the work. Mayor Lund answered yes. Council will try to get some kind of resolution. The assessment may not change, but Council will get the quality j ob that was expected. Councilmember Varichak said she has also been approached about the poor quality so it is not just in her neighborhood. Many people are not satisfied with the work. Mayor Lund said the contractor did work in another section of the City earlier this year and the workmanship was better. Ms. Jucick asked if the contractor was under a tight time line and that was why they rushed through the area. Mayor Lund did not know but reassured her that Council would do their best to get a quality road in that area. Ms. Jucick said the neighbors who could not be at the meeting sent letters to staff. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 8 Councilmember Bolkcom said the City wants to hear from people who are not happy with their street. Residents who are not happy can call the Public Works Department or send a letter. Robert Melle, 1613 Briardale Road, said that he was dissatisfied with the quality of work The roads did not seem to stand up to specifications. There were rough surfaces in putting two roads together. Ripples can be seen in the road especially where water is standing, and there are big center crevices which is extremely dangerous for motorcycle drivers. He did not understand why homeowners would be assessed now. The contractor should not be paid until a quality job is done. Mayor Lund said if the City did not assess the homeowners they would have to wait an entire year for payment. He did not think payment could be withheld from the contractor for an entire year. The City could hold payment to the contractor until quality service is received. Mr. Melle asked how much payment is held from the contractor. Mayor Lund said $150,000 or 5%. Mr. Melle did not think that 5% is enough, especially if the job cannot be completed until next spring. He asked if there was a penalty if the contractor is not done on time. Councilmember Bolkcom said that the hold back is more than 5%. She added that the contractor is also assessed for every day the project is not done on time. Mr. Otteson said there is a completion deadline to encourage work to be done on time. Every day a liquidated damage is assessed based on the size of the contract. If the contractor decides not to complete the work, the contract will be cut off and the City will complete the work and back bill the contractor. Mr. Melle asked if liquidating damages would be applied to the assessment. Mayor Lund said that everyone is assessed the smaller amount. In the event the contractor did not complete the project on time, it would probably go to another contractor. Mr. Melle asked if the City had an estimate on what it would cost to repair the street if another contractor comes in. Mayor Lund said that information is premature, as staff is still obligated to work with the hired contractor. Mr. Melle asked if the contractor has acknowledged the poor quality. Mr. Otteson said most of the work is fine and staff is in disagreement with the contractor. As staff works towards a resolution, they will do a street finish test. Mr. Melle asked if his street had been tested. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 9 Mr. Otteson said that the segregation test is a difficult test to administer. Before the test is done, staff plans to have a discussion with the contractor and hopes to find a resolution as the test is expensive to process. The City relies on MnDOT specifications and a larger rock is being used. The contractor has to have better workmanship when using the larger rocks and many contractors struggle using this larger rock mix. Staff has seen better results than what is being done. This mix is required by the state and is difficult to work with. The road should tighten up after cars drive on it. Contractors are allowed'/4 inch unevenness. Councilmember Bolkcom said that '/4 inch did not seem like very much. She asked if this is different asphalt that is being used for this proj ect. Mr. Otteson said that the State of MN required this asphalt to be used a year ago. In doing so, contractors are working with pavement that is harder to work with. This will last longer because it has a lot of rock in it but it doesn't look as nice. The mix with a smaller rock will look nicer but will not last as long. Councilmember Bolkcom asked what makes the road heave. Mr. Otteson said when pavement is laid against existing pavement, it makes it a little higher. It will eventually squish down and overlap. This requires good equipment, workmanship and understanding. This did not happen which is why we are having the problems. Mr. Melle asked if there was a resolution to take care of this problem. Mr. Otteson said areas can be heated up and rolled over again. This process would get the street within proj ect specifications but there will be a darker area on the street where this is done. Councilmember Varichak asked how the street is heated up. Mr. Otteson said they use a torch, get the oil hot until it becomes pliable and then use a heavy roller across the road. This will not look nice; the area will stand out but will be functional. After a few years the discoloration will fade and slowly disappear. Councilmember Bolkcom said the roads do not look good. She suggested grading the road and starting all over. Mayor Lund asked what the minimal pitch requirements were under the contract. Mr. Otteson said that the specification is 2% max of 2'/z feet. Staff will look at the areas and see what needs to be corrected. Mayor Lund said there seems to be an unusual amount of complaints from this project and they seem to be warranted. Staff needs to make sure this project is up to City standards in all areas. Mr. Melle said the specifications are there for a reason. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 10 Mayor Lund said the contractor says the work meets specifications. This is why the City holds back money. Mr. Melle said more money should be held back to make contractors accountable. Mayor Lund said staff will look to see if 5% is enough to get them to perform. Staff has to be careful not to hold more than what is legal. The City may end up hiring another contractor to finish this job and then bill back the contractor. First the contractor has to have an opportunity to perform and fix what is not up to specifications. Mr. Melle said it is getting late in the season to finish this up. Mayor Lund agreed and the corrections may not be done till spring. William Burns, City Manager, asked how much time was left to finish this project. Mr. Otteson said to have a good paving job it may be best to wait until May. The 5% hold back is standard across the cities. If that amount is raised, the contractor will not bid the project or will add in additional costs. Mr. Melle asked if liquidating damages were built into contract. Mr. Otteson answered yes. The contractors look at that and raise the assessment. The City provides a generous schedule. The contractor had all summer to do this mill and overlay project. There is a penalty for being late. Councilmember Bolkcom asked if changes were done to the project that caused the contractor not to finish on time. Mr. Otteson said a little work was added to the proj ect, but if you look at amount of work it may have added five days maximum; not 60 days. When a project goes beyond completion date, the contractor is charged $600 per day. Mr. Melle asked about the landscaping and if any correction will be done with that throughout the neighborhood. Mr. Otteson said the landscaping is under warranty. The performance requires 80% germination of the seed. Seed will need to grow in the spring to establish itsel£ If it does not the contractor will be back to reseed. If the contractor does not reseed, the City will hire someone else and bill the contractor. Richard Harris, 6200 Riverview Terrace, asked what was done with his street. Mr. Otteson said the street was taken down to the sand and 2" was paved back in. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 11 Mr. Harris said that the original streets were not the best and he hopes the street is put in right this time. He asked if a 2" overlay is enough for the heavy traffic on his street. Mr. Otteson said he is talking about the structure of the pavement. The street is built stronger than what was there before and the new street will outlast the previous street because a bigger rock mix was used. Mayor Lund asked if this creates a better base. Mr. Otteson answered yes. Mr. Harris asked for an explanation of MN Statute 435.193 and 195 for residents older than 65 years old. Mr. Folie said there is a deferral opportunity for seniors that meet the criteria. The assessment must exceed 1% of the adjusted gross income of property and the first installment would be the largest installment. The household income needs to be below the very low income guidelines. The amount varies from a household size of one -$29,400, to a household size of 8-$55,450. Councilmember Bolkcom suggested Mr. Harris have his neighbors call Mr. Folie to discuss these numbers. Mr. Harris asked if this applies to seniors and disabled persons. Mr. Folie said correct. Mr. Harris said last fall, general improvement bonds were sold for street improvements and sewer and water projects. The rate of the bond sale was 2.83%. Mr. Folie said there is a varying interest rate between 2.5 to 3%. Mr. Harris said the City is charging 6.5% to the homeowner on any unpaid balance. He asked where the difference goes. Mr. Folie said the City's investments earn less than 1%. If everyone prepaid, the City would earn 1%. It is difficult to pay back a bond at 2.5 to 3%. Mr. Harris asked about sewer and water lines and if contractors are putting new streets over old infrastructure. Mayor Lund said sewer mains have been inspected prior to the project because the City does not want to have to tear up the street again. Mr. Harris said he wanted to make sure the City was paying attention to the sewer and water mains when large projects like this are done. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 12 Dr. Burns said the Public Works Department offers to televise the laterals and look for problems that can be fixed before the proj ect begins. The City does it free of charge. The cost of replacing 130 miles of water and sewer line in Fridley would be overwhelming. The City has been replacing sewer mains along the way where necessary. Dennis Lindboe, 6045 McKinley Street, said he has been working with Layne Otteson on something that changed on McKinley. The biggest concern is the improvement that was made on 61st Avenue. It is not acceptable to a majority of the homeowners on McKinley and was not proposed to the homeowners at the public hearings. He used to own a sports car and with the street change his car was bottoming out. He had to sell the car. He does not think anyone should be assessed until this issue is resolved. Mayor Lund asked if this had to do with the change that was made regarding the drainage problem. Mr. Otteson said correct. The way the road was built years ago, water came down McKinley and drained across the road to the north. The north curb line on 61st Avenue was taking the water from McKinley and west of 61st Avenue to one curb line and that is not a proper way to have a road drain. Feedback was received from residents and some feedback addressed this drainage issue. The area was surveyed and a valley gutter was installed. The other option was to extend the sewer and assess the home owners. Mayor Lund said it sounds like the valley gutter affected homes. Mr. Lindboe said yes, the valley gutter is very uneven and not safe to drive on. Mr. Otteson said that the bottom out area is at 61st Avenue and McKinley. Dr. Burns said staff tested the bottoming out this afternoon. Councilmember Bolkcom asked if staff informed residents of this change. Mr. Otteson showed photographs of a sports car and there is low ground clearance. Staff measured the clearance. The vehicle cleared but it was very close. Mr. Lindboe said his point was he bought a car before the road was done. When the configuration of the road changed, he could not drive the car on the road and had to sell the car. Mr. Otteson said all valley gutters have MnDOT codes to meet, and this example achieves one- half standard details. Councilmember Saefke asked if residents would be happier if they were assessed for new sewers. The valley gutter is acceptable to correct a nonstandard drainage problem that preexisted. Mr. Lindboe asked why these issues were not brought to the homeowners' attention. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 13 Councilmember Bolkcom said it is no different than not knowing about special assessments on the home prior to purchase. It is not the City's responsibility as they addressed the problem, but it did change the street. She asked if any residents were made aware of this change. Mr. Otteson said this was a staff decision. The street meets City standards and some property owners feel that it is a significant change. Councilmember Varichak asked if decisions like this have been made on other projects in the past. Dr. Burns said storm water changes have been made before. Every project has storm water changes. Councilmember Saefke said when two valley gutters cross, residents know it is there and need to drive accordingly. Mr. Lindboe said he moved in four years ago and this issue is bigger than just the road changing. No one was notified. Mayor Lund said staff is trying to correct the problem and make changes if necessary. According to Mr. Otteson, this valley gutter does meet specifications and is less than the max that is allowed. Mr. Otteson said staff looked at the grade of the street with a level and tape and reviewed the requirements for a slope. This is within standard limits. Mr. Lindboe said currently there is a huge lip on the edge of his driveway. The City will meet the specification and fix a 3/4" lip on his driveway but not a 2" heave in the valley gutter. Before he moved into his home he asked the City if there were any drainage or sewage issues with the street and the City sent a letter to him saying there were no issues. Councilmember Bolkcom said that she has heard from property owners that there were drainage issues. Mr. Lindboe said he knew from the beginning the street was built wrong. Councilmember Bolkcom said the City did change the nature of the roadway, but it was done to correct a drainage issue. She thought that a letter should have been sent out saying there was going to be a change. This was poor communication on our part and some of this could have been prevented. Mr. Otteson said that the elevation was established and that is what was needed to improve the drainage. Dr. Burns asked if there were any other complaints. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 14 Mr. Otteson said he has not received any complaints but maybe Jim Kosluchar has. Councilmember Bolkcom asked if the driveway issue was being addressed. Mr. Lindboe answered yes. MOTION by Councilmember Varichak to move into record an email from Wayne and Maria Linblad, 1421 Kerry Circle. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 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 9:34 PM 10. Consideration of the Assessment for the 2010 Nuisance Abatements. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open 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 OPENED AT 9:35 PM Alan Folie, Acting Finance Director, said this is the annual assessment for those properties in which continuing code violations existed and the City expended resources to bring the properties into compliance. Thirty-seven properties are involved in this assessment, for a total amount of $29,752.51. The assessment will be for one year at a 6 1/2 % interest rate. Staff recommends opening the public hearing for public comment. The resolution adopting the assessment follows under new business. MOTION by Councilmember Bolkcom to move into record a letter from Frank Diagle, 14252 SSth Street. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to move into record a memorandum from the Community Development Director related to Donald Findell's code enforcement activity. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 15 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to move into record a proposed memorandum dated October 18, 2010, from the Community Development Department. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Scott Hickok, Community Development Director, said Mr. Daigle owns property in the Riverview Heights neighborhood--two 25 foot lots. The City has asked Mr. Daigle to join the two lots to make them buildable lots but the lots had to be joined prior to the adoption of the ordinance. Since 2000, these lots have been a maintenance issue with mowing. Mr. Daigle is asking Council to reduce the assessments that are a result of his lack of attention to his properties. Mr. Daigle has paid a portion of his costs but there is a remaining balance. Staff encourages Council to stand firm on this assessment, as tax payers should not be paying for this. Mayor Lund asked what was paid and what is owed. Mr. Hickok said that two payments are left for a total of $414.40. Mr. Daigle stated he did not receive notification of the assessment but has come in to make a partial payment. Mayor Lund said Mr. Daigle has repeated history for an entire decade of staff having to mow and clear brush off of his property. MOTION by Councilmember Bolkcom to move into record the updated abatement record assessments reflecting payments that were received. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Scott Hickok, Community Development Director, said this assessment is for 6850 Siverts Lane. The first inspection was on April 12, 2010, at 4:08 p.m. where miscellaneous outside storage was observed at 6850 Siverts Lane which violates City ordinance. Code Violation: Outside Storage R-1 stating that nothing can be stored in your yard in view from any public right of way and that all materials shall be kept in a building or shall be fully screened (City Code 205.07.6.C). Exceptions include: firewood, neatly stacked and stored in the side or rear yard only; boats, empty trailers, and non-motorized campers stored in the side or rear yard; boats, empty trailers, campers and motorized vehicles stored on a paved surface. Mr. Hickok said the second inspection was held on May 4, 2010, at 2:05 p.m. A Re-inspection and Preparing to Abate was issued on June 22, 2010 regarding Outside Storage. On June 22, staff re-inspected and found the code violations were not resolved. The Findells had not responded to the Abatement Letter. Staff scheduled an abatement for the next day. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 16 Mr. Hickok said that for abatements in the City of Fridley, staff typically brings a community service officer or a second staff person to assist. For billing purposes, staff typically tracks the time spent on a code enforcement case after the abatement letter is mailed. This includes all follow-up inspections, cataloging photos of the items to be removed, scheduling an abatement appointment with the CSOs and contractors, overseeing the abatement activities and processing the final paperwork. Mr. Hickok said on June 28, 2010, at 1:55 p.m. staff and a CSO arrived to see Mrs. Findell was still cleaning up the driveway. Advance Companies was on-call, waiting to proceed with abatement. At 2:10 p.m., staff cancelled the abatement. Advance Companies charged a trip fee for being on-call. By 2:20 p.m., Mr. and Mrs. Findell completed the cleanup of their outside storage. Staff recommends that Don and Julie Findell be required to pay the special assessment of $179.69 for Property ID 13-30-24-12-0017, located at 6850 Siverts Lane, Fridley. Councilmember Bolkcom asked how staff originally found out about this problem and if it was through systematic code enforcement. Mr. Hickok said it was discovered through staff observation. Councilmember Varichak asked if part of a fence was down or the homeowner was repairing part of fence or if the gates were open. Mr. Hickok said that the gates were open and the homeowner could drive in and out but the gate did not screen the materials. Mayor Lund said the letter states most of it happened during reconstruction of the street and the homeowner had to remove a portion of the fence. He asked what the storage items were. Mr. Hickok said that this is more about being able to see this by driving by the property. The photographs were taken through the gate by the public right of way and standing on the public right of way. Councilmember Varichak said the homeowner says he received no citation. Mr. Hickok said that since 2002, four properties owned by the Findells have received a total of 25 letters. There have been several letters along with phone calls. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:55 P.M. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 17 NEW BUSINESS: 11. Resolution Adopting Assessment for the 2010 Street Improvement Project No. ST. 2008-01A. MOTION by Councilmember Varichak to adopt Resolution No. 2010-76. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Adopting Assessment for the 2010 Street Improvement Project No. ST. 2009-02 MOTION by Councilmember Varichak to adopt Resolution No. 2010-77. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Resolution Adopting Assessment for the 2010 Street Improvement Project No. ST. 2010-01. Councilmember Varichak said staff will need to work with the issues with the contractor, to the liking of the residents with the contractor. Councilmember Bolkcom said she did not think the resolution should be approved. It should be held back for a year because there are so many issues to be resolved. She has a concern on how the contractor is going to fix this project. It is not right to assess homeowners for substandard workmanship. Mayor Lund asked if this needed to be voted on tonight. Alan Folie, Acting Finance Director, said the deadline is November 15. Mayor Lund was not sure what could be done because money has already been spent on this proj ect. Councilmember Bolkcom asked if another public hearing could be held. Mr. Folie said that is possible but the City will lose interest on the dollars that are not collected. Councilmember Bolkcom asked if parts of the resolution could be approved. Fritz Knaak, City Attorney, said that it is a messy thing to do and it will become difficult, but it is possible. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 18 William Burns, City Manager, said the project on the west side of town could be assessed now and the east side of town could be assessed later. Attorney Knaak said this is not uncommon and it would be okay to do this. The City would pick up the entire cost and hold it over for the year. This may not be something you can add as a supplemental assessment cost; it cannot be charged back to homeowner. Staff would have to pull the names and assess them next year, re-noticing them and redoing the entire process. Councilmember Bolkcom said there are problems with this contractor. If the City ends up going to court, would it hurt the case at all. Attorney Knaak answered no. Dr. Burns said it would make the City look more reasonable--pay for the good work and not for the substandard quality. Mr. Folie said that staff can work around that, it will take some effort but it is possible. MOTION by Councilmember Saefke to adopt Resolution No. 2010-78, Adopting Assessment for the 2010 Street Improvement Project No. ST. 2008-01A for PIN Nos. 15-30-24-42-0101 through 15-30-24-43-0086. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Resolution Adopting Assessment for the 2010 Nuisance Abatement. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-79. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2011 Property Taxes Alan Folie, Acting Finance Director, said staff certifies the amounts by property and allows payment until mid-November. Those properties that do not pay prior to the cutoff are certified to Anoka County for collection with their 2011 property taxes. Each owner has been notified that the delinquent account is being certified to the County and has been provided an opportunity to pay their bill. Staff's recommends Council adopt the resolution. Councilmember Bolkcom said people's taxes are paying for people who are delinquent on their utility bills. It is a lot of money and there are a lot of repeat offenders. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 19 MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-80. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 1. Approve Agreement for Residential Recycling Program between the City of Fridley and County of Anoka (Tabled October 11, 2010). MOTION by Councilmember Bolkcom to this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY Councilmember Bolkcom asked what happened with this item. William Burns, City Manager, said staff missed this agreement. The County did not think it was a big deal but staff wanted to take care of this small detail. Scott Hickok, Community Development Director, said they will make sure this does not happen again. The 2011 contract would normally be approved in March according to the County system, but staff will work to have it approved in January. Staff has created a tickler file that will help keep track of things that happen annually so it will be caught in the future. The County is a good partner on this and treated this item like there was already a contract in place. MOTION by Councilmember Bolkcom to approve the agreement for the Residential Recycling Program between the City of Fridley and County of Anoka. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 5. Estimates. Councilmember Barnette asked if a portion of the payment could be approved. William Burns, City Manager, asked how much of the bill was for the west/east side of town. Layne Otteson, Assistant Public Works Director, said the $150,000 was spread throughout the proj ect, with the maj ority on the east neighborhoods. Fritz Knaak, County Attorney, said the City has a contractual obligation. At this point with the underlying dispute, and since it is spread throughout the contract, Council would be within rights to withhold payment. The contractor has an obligation to perform. He would suggest withholding the entire payment with the idea that staff would work through the issues with the contractor. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 20 Dr. Burns suggested tabling this item until November 15. MOTION by Councilmember Bolkcom to table the estimate for Valley Paving until the City Council meeting on November 15, 2010. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 16. Informational Status Reports. None presented. 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 10:40 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION MEETING October 20, 2010 Chairperson Kondrick called the Planning Commission Meeting to order at 7:03 p.m. MEMBERS PRESENT: Leroy Oquist, Jack Velin, David Kondrick, and Dean Saba MEMBERS ABSENT: Marcy Sibel, Brad Sielaff, and Brad Dunham OTHERS PRESENT: Stacy Stromberg, Planner Scott Hickok, Community Development Director Michael Schifsky, Ashland Inc. Kevin Kennedy, Speedway Super America Chris Clos, A-ABCO Auto Parts Approval of Minutes: September 15, 2010 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a public hearing for a rezoning, ZOA #10-02, by Ashland Inc., to rezone the properties at 7315 Highway 65, 7299 Highway 65, and the vacant lot south of 7299 Highway 65 from M-1, Light Industrial to C-2. 2. Consideration of a resolution for a Vacation, SAV 10-03, by Ashland Inc., to allow the vacation of a portion of 73"d and one-half Avenue, north of 7315 Highway 65. MOTION by Commissioner Oquist to open the public hearings. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARINGS WERE OPENED AT 7:04 P.M. Stacy Stromberg, Planner, stated Michael Schifsky, who is representing Ashland Inc., is requesting to rezone the property at 7315 Highway 65 from M-1, Light Industrial to G2, General Business to allow the redevelopment of this site with a retail user. Ms. Stromberg stated staff determined that in order to avoid spot zoning and create a contiguous commercial zoning district in this area the properties to the south should also be rezoned. These properties are 7299 Highway 65, which is currently a SuperAmerica gas station and the vacant parcel to the south of SuperAmerica, which is addressed 7201 Highway 65. These two parcels should also be rezoned from M-1, Light Industrial to G2, General Business. The gas station use most closely fits in a commercial zoning district. The City has notified the owners of the SuperAmerica, who are also the owners of the vacant lot south, that their properties are involved in this rezoning process. Ms. Stromberg stated the petitioner is also seeking to vacate a portion of 73 '/2 Avenue, just north of 7315 Highway 65 to provide additional land area for the redevelopment of the subject property. Ms. Stromberg stated the property at 7315 Highway 65 is zoned M-1, Light Industrial and is located in the northeast corner of Highway 65 and 73rd Avenue. In 1987 a special use permit was issued to allow an automobile service station and as a result, the site was developed in 1987 with the construction of the existing 1,261 square foot building, which at that time was a Rapid Oil Change. In order for the building to be constructed several variances needed to be granted. A variance was granted to reduce the minimum allowable lot area from .75 aces to .54 acres, a variance was granted to reduce the side yard setback on the street side of a corner lot from 35 feet to 19 feet on the east and from 35 feet to 28 feet on the west, and from 35 feet to 21 feet on the north. Ms. Stromberg stated variances were also granted to reduce the distance that the edge of the curb opening may be from a street right-of-way intersection from 75 feet to 26 feet on the north and from 75 feet to 55 feet on the southeast, and to reduce the parking and hard surface setback from a street right-of- way from 20 feet to 12 feet on the east and from 20 feet to 10 feet on the west. There was also a restrictive covenants placed on the properiy that restricted development on this site to that of a quick oil change and lubrication service facility ("Use"). Any future re-use of the structure for uses other than that comparable to said "Use" will be subject to City Council approvaL Considering this lot has street frontage on all four sides, it was not easy to fit this smaller user on such an undersized industrial lot without several of variances being granted. Ms. Stromberg stated the SuperAmerica property at 7299 Highway 65 is also zoned M-1, Light Industrial and is located in the southeast corner of 73rd Avenue and Highway 65. When the service station was constructed in 1983, several land use requests were also approved by the City Council. A lot split was granted to subdivide one large lot and create two small lots, which are now, 7201 and 7299 Highway 65, which in turn allowed for the construction of the Service Road. A special use permit was also approved to allow the construction of the motor vehicle fuel service station, and two variances were approved to reduce the lot size requirements and the parking lot setback requirement from an abutting right-of-way. Ms. Stromberg stated the vacant lot at 7201 Highway 65 has never been developed. Ms. Stromberg stated the petitioner is seeking to rezone their property at 7315 Highway 65 NE from M- 1, Light Industrial to G2, General Business. Since the property went on the market in 2007, there has been interest from several retail type users, however because of the current industrial zoning; none of inquiries chose to purchase the site. Over the years, City staff has had several discussions with the property owner about a potential rezoning of the subject property, the SuperAmerica property and vacant lot at 7201 Highway 65. Due to the small lot size of the subject properties, the high visibility, and the ready access to the properties, the petitioner feels that a commercial zoning is the best fit for the subject properties. Ms. Stromberg stated there are several of these turn-back type parcels within the City, which are those lots along major corridors; that have roadway all around them. All of the other turn-back parcels within the City are zoned some type of commercial with the exception of the subject property, and the SuperAmerica property. The small lot sizes of these parcels tend to require a commercial zoning and there tends to be more interest from commercial uses to be located along major city corridors. Therefore, a rezoning of these properties is consistent with the trends already seen along the major corridors of Highway 65 and University Avenue within Fridley. 2 Ms. Stromberg stated in 2004, the properties at 7101 and 7151 Highway 65 were rezoned from M-1, Light Industrial to G2, General Business to allow the current uses within the buildings to conform to code requirements. Most of the uses with the buildings at those two properties are either of a retail or office nature; as a result, it made better sense for them to be zoned commercial rather than industrial. Ms. Stromberg stated in 1992 the City Council approved a rezoning from industrial to commercial that was request by Ed Stanke, for his property, which is located at 7091 Highway 65. At that time he requested a rezoning to better match the existing uses in his building, which were an insurance and marketing office and a diet center. Ms. Stromberg stated in 1989, the City Council approved a rezoning for 7191 Highway 65 from M-1, Light Industrial and R-3, General Multiple Units, to G2, General Business. Currently, this is where Chopper City Sports is located. Ms. Stromberg stated over the last 21 years, the City has seen a progression of rezonings along this corridor from Industrial to Commercial, mainly related to the types of users that tend to occupy space along Highway 65. The proposed rezoning is an extension of that trend. Therefore, rezoning these properties would be consistent with the neighboring properties. The small lot size of the subject properties also tends to necessitate a commercial zoning. The M-1 zoning requires a minimum lot size of 1.5 acres for new plats, while the G2 zoning requires a minimum of 20,000 square feet. None of the subject properties meet the current M-1 lot size minimum, however they will meet the minimum lot size for a commercial zoning. Ms. Stromberg stated the City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's 2030 future land use map designates this area as "Redevelopment." This will allow for the potential redevelopment of the Valvoline property and will also allow for the development of the vacant parcel at 7201 Highway 65 with a retail/office user. Ms. Stromberg stated as noted above, when the property at 7315 Highway 65 was developed, several variances were granted to meet setback requirements. It would be beneficial for those variances with the exception of the lot size variance to be transferred and applied to the new G2 zoning designation. Though the City code allows a much smaller lot size in our commercial zoning districts, the setback distance requirements remain essentially the same. The only setback variance that may be eliminated is a north side yard setback requirement, as a result the vacation request. If that vacation is approved, that variance will no longer been needed. Staff would recommend that the Planning Commission note this motion for the variances if the rezoning is approved. Ms. Stromberg stated Super America currently has a Special Use Permit to allow a motor vehicle service station, which is required in the M-1 zoning district, as well as the G2 zoning district. It would be beneficial to include, as part of this rezoning request, the transfer of the SUP on this property from the M- 1 zoning to the G2 zoning, to keep this property in conformance. Staff would recommend that again, the Planning Commission note this in the motion, if the rezoning is approved. This property also received variances to allow for the construction of the gas station. The variance for lot size will be eliminated; however the variance for parking setback will need to apply to the G2 zoning and should be noted. Ms. Stromberg stated the petitioner is also seeking to vacate a portion of 73 '/2 Avenue north of the Valvoline site at 7315 Highway 65. When the site was originally developed in 1987, there were several discussions about vacating 73 '/2 Avenue to provide additional land area for the Valvoline site, which could be used to rearrange the driveway into the lot and for screening purposes. At that time there were also discussions about extending the Service Road north to connect it with the portion of the Service Road by Fireside Drive. The vacation of 73 '/2 Avenue did not occur because the extension of the Service Road north of 73 '/2 Avenue would have required a roadway easement from the mobile home park on Onondaga Street and the owners at the time weren't willing to grant the easements. As a result, staff did not proceed with the vacation of 73 '/2 Avenue. It was stipulated in the 1987 variance, though, that at which time 73 '/2 Avenue was vacated the petitioner (Rapid Oil Change) would be required to landscape and irrigate the area. Ms. Stromberg stated the potential buyer for the subject property is a specialty clothing supplier, whose focus is primarily in industrial grade work, western, biker, and law enforcement footwear and apparel. As part of their business, they have two trucks that are used as class and product showrooms. The vehicles travel to regional work places to serve as a showroom for potential clients. When not on a job site, the trucks will be parked on the subject property. While on site, they will be backed up to the north side of the building and will be accessible from within the store to serve as further showroom space and to store goods. Vacating 73 '/2 Avenue north of the property will provide the potential user the additional space needed to park the trucks as well as provide the visual screening required by City code from the public right-of-way. Ms. Stromberg stated in order to determine if vacating this portion of 73 '/2 Avenue would be an acceptable solution for the City to consider, staff contacted all the properties owners who own land along 73 '/2 Avenue between Highway 65 and Central Avenue and our Engineering Department conducted traffic counts over a period of three days. Ms. Stromberg stated we have heard from four of the seven properties owners. Three of them stated that they didn't have a problem with the vacation and expected that the Minnesota Department of Transportation would at some point in the future further restrict this access anyway. Mr. Schrader, the owner of the property at 1155 73 '/2 Avenue, which is Carefree Self Storage, called to state that they would be opposed to the vacation. He also submitted a letter, which is attached for your review. The main reason he is opposed is because he feels it limits their access and visibility from Highway 65 NE. They also wanted to make sure that the Service Road from 73rd Avenue to 73 '/2 Avenue was a perpetual easement for right-of-way, so it couldn't be vacated. The Service Road is a perpetual easement for right- of-way purposes, so it will not be vacated. Ms. Stromberg stated it is very typical that right-of-way counts are done over a three day period. The overall counts for the three-day time period going westbound (turning right on Highway 65) on 73 '/2 Avenue is 291 vehicles. The counts going eastbound on 73 '/2 Avenue are 129 vehicles. Staff also did counts on the Service Road, east of the Valvoline property and those numbers were 214 vehicles going southbound and 178 vehicles going northbound. Ms. Stromberg stated these traffic counts for a three-day time period appear very low for an industrial street. Planning staff is awaiting comments from the Engineering staff on the counts. Staff will share that analysis during the pubic hearing. Ms. Stromberg stated vacating the street will provide the business at 7315 Highway 65 the additional land area needed for future redevelopment. It will also provide a nice landscaped buffer between Highway 65 and the commercial/industrial businesses to the east. Ms. Stromberg stated it is inevitable that the Minnesota Department of Transportation will eventually limit this access to Highway 65 and as a result, the City is trying to be proactive by considering the elimination of this access now, when there is an opportunity to redevelop the property at 7315 Highway 65. 0 Ms. Stromberg stated continuing the Service Road north to connect to the Service Drive near Fireside Drive may be something that the City may look into in the future if the need presents itself, but isn't part of the proposed request. Ms. Stromberg stated City Staff recommends approval of the rezoning request for 7315 Highway 65 NE, with the recognition of the following variances: 7315 Highway 65 — All variances originally granted under VAR #87-24 ■ To reduce the side yard setback on the street side of a corner lot from 35 feet to 19 feet on the east and from 35 feet to 28 feet on the west and from 35 feet to 21 feet on the north. ■ To reduce the distance that the edge of the curb opening may be from a street right-of-way intersection from 75 feet to 19 feet on the north and 75 feet to 55 feet on the southeast. ■ To reduce the parking and hard surface setback from a street right-of-way from 20 feet to 19 feet on the east and from 20 feet to 10 feet on the west. Ms. Stromberg stated City staff recommends approval of the rezoning request for 7299 Highway 65 NE, with the recognition of the following special use permit and variance: 7299 Highway 65 — Original special use permit granted under SP #83-09. Variance also originally granted in 1983. ■ Special Use Permit to allow the construction of a service station. ■ Variance to reduce the parking and hard surface setback from a street right-of-way from 20 ft. to 11 ft. Ms. Stromberg stated City staff recommends approval of the rezoning of the vacant parcel, generally located at 7201 Highway 65 NE. Ms. Stromberg stated City staff recommends approval of the street vacation request. Ms. Stromberg stated if the street vacation is approved, City staff recommends the following stipulations should be attached. 1. Curb, gutter, and asphalt shall be removed in accordance with the City's Engineering department standards within one year of approval of the vacation request. Removal shall take place between the eastern line that defines the edge of the eastern disabled vehicle lane of Highway 65 and the new curb radius along east Service Drive and forming the new terminus of 73 '/2 Avenue NE. 2. New curb and gutter shall be installed along with fill, irrigation, and sod in accordance with a plan to be approved by City staff, in conjunction with the project described in stipulation # 1. 3. Vacated right-of-way shall be landscaped, including a berm; a plan shall be submitted and approved by City staff within 18 months of approval of the vacation request. 4. The petitioner shall obtain a right-of-way permit from the Minnesota Department of Transportation for work done within the right-of-way. Commissioner Velin stated 73 '/2 is a street now. Is staff stating the curbing and gutter would be removed now? Ms. Stromberg replied, it will be removed and replaced with grass and landscaping. Michael Schifsky, real estate manager with Ashland Inc., stated they are as a company not in the habit of closing stores down unless it dictates the market simply will not support the operation. Six years ago they reviewed their stores and closed 45 down, including 4 in Minnesota and this is one of them. With the zoning issue eliminated even mildly interested parties and a few nationally-known parties who have expressed interest in this site would have required them to come to this point. With the time frame they could not really describe. He began discussions with Mr. Hickok about the site being rezoned incorrectly. He felt this site had retail appeal. The SuperAmerica property was also zoned similarly, and he was informed that spot zoning would not be allowed. They concluded that all the lots involved would be rezoned and vacated subject as a secondary element. It certainly made sense. What it does is it increases the square footage of the lot and it brings it to a level that allows better circulation, more parking and opens it up to the appeal to a number of users. As a result a retailer user has come forward and expressed an interest in the property. It fills the demographics for the product they carry. Chairperson Kondrick asked Mr. Schiff's if he had any problems with the stipulations? Mr. Schifsky asked whether the work to be performed would be done by the buyer or the seller and is there a timeframe? Scott Hickok, Community Developer Director, stated some of those details may need to be worked out between the buyer and the current owner. Staff has put reasonable timelines on this with the understanding that it might be this buyer or another buyer. They are set out so they have a year from the approval of the vacation to make the change. He imagines that might become part of that document of the sale of the property with the buyer that is going to do that. Within 18 months of that approval, there should be a landscape plan submitted and installed and then the petitioner obtain a right-of-way permit when that work is being done. All of it was structured in a way that it anticipates that the petitioner might have that as part of their negotiation with the buyer, and that buyer would have some time to put it in if the sale happened right away. Mr. Schifsky stated he has no problem with them. He believed they can arrive at some agreement with the buyer. They are motivated to make it work. Chairperson Kondrick asked Mr. Schiff's if he felt the timeline seemed reasonable? Mr. Schifsky asked is it correct that it is one year to 18 months? Ms. Stromberg replied, yes. Mr. Schifsky replied, yes. Commissioner Oquist asked whether the buyer plans on remodeling and using the existing building? Mr. Schifsky replied, they plan on using the building in its primary structure and at one point modifying a portion of it. The way those buildings were made back in 1987 are very conducive to other uses. Commissioner Oquist asked, they do not remove the building and start over? Mr. Schifsky replied, no. Chairperson Kondrick asked whether they should be concerned about hazardous waste on the site? Mr. Schifsky replied, there is no indication of UST's or any environmental concerns on the site. The sale of the property will require a Phase L The financial tool they need will require Phase I and if there is an issue, a Phase II will be required. � Commissioner Oquist asked Ms. Stromberg whether the service road on the east side remains? Ms. Stromberg replied, yes. Christopher Clos, A-ABCO Auto Parts, stated the concerns he has are not so much that they are closing down the access to Highway 65. He understands the reasons. However, in their situation they are being told they have to move their fence in. He is wondering why can't they maybe close the east side, too, and put a cul de sac by the neighbor's building. Mr. Hickok replied, the question did come in earlier this week from another member of A-ABCO. Staff had not anticipated that as an outcome of this and is now just being looked at. He can say staff had a few internal discussions on it but no real conclusions at this point. The cul de sac certainly is an interesting concept and potentially could serve the users that still have access to that roadway and want to get out to 73rd. It was a lot to bite off and be able to answer at the time the question came in. Several years ago staff was talking to A-ABCO and his neighbor to the south about taking that road out and just wondering what their thoughts would be at that time. Staff was actually looking at a redevelopment in that area at that time. It has been discussed before but that concept really had to do with basically taking out all of 73 '/2 but for maybe that short stretch in there. They kind of gave up on that idea after they decided that those businesses not only wanted to stay there but were doing very well in serving the community. It is something staff can continue to analyze. He does not know if they will be able to come to a conclusion now that the process has started and they are under a 60-day timeframe. Staff will probably have to look at it, analyze it, and take it on as a second vacation piece of this if that is the direction they wanted to go. Mr. Clos stated the main reason for the vacation is the screening. They would be able to screen in the industrial side, screening it from some of the traffic. The petitioner may put in bushes or trees? How is that really screening? A-ABCO is being made to screen while Valvoline comes in and gets to expand. It just does not seem to make a lot of sense. Mr. Hickok replied, although it may seem that way the City has he thinks had the good fortune of having a rezoning request and a user that is interested in this site and the City simultaneous to that interest has an interest in solving this inevitable question about what happens when the State comes in and cuts off 73 '/2 anyways. If they do that later, then we have a developer that is in there, they already made their provisions for their site without the vacated roadway. Staff thinks it makes perfect sense to take on the inevitable now to vacate it and, though it may seem it is for Valvoline, it is in the City's best interest also to do that because what they want to do ultimately end up with is a good-looking end cap for this block of industries and businesses along here; and we think it can get the best results by doing it right now while somebody is looking at redoing this site anyways and doing some work on this site. It will happen then and it will be in the interest of that business that wants to come in. It will be in the interest of the City that right now it has this postage-stamp sized site and a right-of-way just north of it that eventually will go away. The City is thinking there is no better time than right now to have that go away. Yes, it really does benefit Valvoline but any vacation benefits to adjacent properties, and that is only part of the purpose here. Really they have a petitioner who is anxious to do something with that site. Mr. Hickok stated regarding the other part of Mr. Clos' question, would shrubs really screen what they are talking about, the City's public works department has expressed concern about putting trees over what eventually needs to be an easement. As part of this before it gets to Council, there will be an easement document that the City needs to maintain to get at those utilities. It will be difficult with tree roots on top of utilities and their preference is not to have those. They do not mind a berm at a1L It could be a landscape berm with rolling turf and shrubs on it. 7 Mr. Clos asked whether there is any time frame and if the City knows for sure if the State will be closing 73 '/2? Mr. Hickok replied, there is an educated assumption that is being made right now. Highway 65 counts keep going up. In the County's 2030 comprehensive plan it shows intense traffic increases along this corridor. The State has talked about improvements on Highway 65 going all the way to 694. The City does know they are not going to wait until 2030 or 2020 to make changes. He can tell them they are going to be doing a planning process and looking for anything that is not at least a quarter of a mile spacing in terms of intersections and will be taking it out. That is a standard practice and should come sooner or later depending on funding for improvement of Highway 65. Kevin Kennedy, District Manager of Speedway/SuperAmerica, stated they have no problem with this. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARINGS WERE CLOSED AT 7:48 P.M. Chairperson Kondrick stated he thinks it is a good plan. It does affect a lot of properiy owners but most of the people seem like they are okay with it and understand it better now and who knows what the State is going to do. He has no problem with it. Commissioner Oquist stated he does not have a problem with it either. He thinks it is pretty straightforward. It does make sense. Commissioner Velin stated he is fine with it. MOTION by Commissioner Saba approving the rezoning, ZOA # 10-02, by Ashland Inc., to rezone the properties at 7315 Highway 65, 7299 Highway 65, and the vacant lot south of 7299 Highway 65 (addressed 7201 Hwy 65) from M-1, Light Industrial to C-2. Approval of rezoning 7315 Highway 65 NE, with the recognition of the following variances: 7315 Highway 65 — All variances originally granted under VAR #87-24 ■ To reduce the side yard setback on the street side of a corner lot from 35 feet to 19 feet on the east and from 35 feet to 28 feet on the west and from 35 feet to 21 feet on the north. ■ To reduce the distance that the edge of the curb opening may be from a street right-of-way intersection from 75 feet to 19 feet on the north and 75 feet to 55 feet on the southeast. ■ To reduce the parking and hard surface setback from a street right-of-way from 20 feet to 19 feet on the east and from 20 feet to 10 feet on the west. Approval of rezoning 7299 Highway 65 NE, with the recognition of the following special use permit and variance: 7299 Highway 65 — Original special use permit granted under SP #83-09. Variance also originally granted in 1983. ■ Special Use Permit to allow the construction of a service station. ■ Variance to reduce the parking and hard surface setback from a street right-of-way from 20 ft. to 11 ft. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Saba approving vacation , SAV # 10-03 by Ashland, Inc., to allow the vacation of a portion of 73 '/2 Avenue, north of 7315 Hwy 65 with the following stipulations: L Curb, gutter, and asphalt shall be removed in accordance with the City's Engineering department standards within one year of approval of the vacation request. Removal shall take place between the eastern line that defines the edge of the eastern disabled vehicle lane of Highway 65 and the new curb radius along east Service Drive and forming the new terminus of 73 '/2 Avenue NE. 2. New curb and gutter shall be installed along with fill, irrigation, and sod in accordance with a plan to be approved by City staff, in conjunction with the project described in stipulation # 1. 3. Vacated right-of-way shall be landscaped, including a berm; a plan shall be submitted and approved by City staff within 18 months of approval of the vacation request. 4. The petitioner shall obtain a right-of-way permit from the Minnesota Department of Transportation for work done within the right-of-way. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Receive the Minutes of the September 9, 2010, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the July 13, 2010, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the August 2, 2010, Parks and Recreation Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 6. Consideration of approval for 2011 Planning Commission meeting dates. MOTION by Commissioner Velin approving the dates. Seconded by Commissioner Saba. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Stromberg stated the next meeting is November 17, 2010. ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:50 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 10 � � CffY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 SUBJECT: Date: William W. Burns, City Manager Alan D. Folie, Acting Finance Director Craig A. Ellestad, Accountant Modifications to the 2010 Budget November 4, 2010 Attached you will find a resolution amending appropriations to the 2010 budget in accordance with the City Charter. The adjustments listed have arisen as a result of 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 Council approve the amendment of the attached budgets. AD F/ce Attachment Resolution No. 2010 - A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE 2010 BUDGET FOR JANUARY THRU OCTOBER, 2010 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 2010. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the following funds will be amended as follows: GENERAL FUND REVENUE ADJUSTMENTS Police-Sale of Misc Property Police-Donation Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Police-Reimbursement Emer Mgm't-Donations Emer Mgm't-Reimbursement Fire-Donations Fire-Reimbursement Fire-Donations Recreation-Donation Recreation-Donations Recreation-Donation APPROPRIATION ADJUSTMENTS Police-Supplies Police-Supplies Police-Other Services & Charges Police-Personal Services Police-Personal Services Police-Other Services & Charges Police-Personal Services Emer Mgm't-Supplies Emer Mgm't-Other Services & Charges Fire-Supplies Fire-Personal Services Fire-Supplies Recreation-Supplies Recreation-Other Services & Charges Recreation-Supplies 115 800 2,010 3, 944 7,500 13,623 14, 202 1,300 3, 541 1,000 1,280 1,600 200 2,000 3,000 56,115 115 800 2,010 3, 944 7,500 13,623 14, 202 1,300 3, 541 1,000 1,280 1,600 200 2,000 3,000 56,115 Steel County Various Anoka County Federal Grant Anoka County State Grant Federal Grant Target & MPROA EMPG Grant Various North Metro CAT Walmart Fridley Lions NCOA & Golden Living Fridley Lions Taser Holders Operating Supplies K-9 Detox Transportation Safe & Sober Anoka/Henn DTF POST Training Operation NightCap Bulletproof Vests Services Contracted Operating Supplies Full-Time OT Small Tools Cheer Program Senior Newsletter Community Park Fence Capping SPRINGBROOK NATURE CENTER FUND REVENUE ADJUSTMENTS SNC-Donation SNC-Donation APPROPRIATION ADJUSTMENTS 6,885 34, 840 41,725 XCEL Energy SNC Foundation SNC-Personal Services 6,885 Special Programming SNC-Other Services & Charges 34,840 Architects 41,725 CAPITAL IMPROVEMENT FUND REVENUE ADJUSTMENTS Parks-Reimbursement APPROPRIATION ADJUSTMENTS Parks-Improve Other Than Building 5,909 5,909 Federal Grant Innsbruck Trail PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8th DAY OF NOVEMBER, 2010. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR � � �ffY �F FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 William W. Burns, City Manager Donovan W. Abbott, Public Safety Director Deborah K. Dahl, Human Resources Director November 4, 2010 Collective Bargaining Agreement with Police Officers Staff is pleased to present Council with a collective bargaining agreement between the City and its police officers. This agreement modifies wages and certain other terms of the contract that expired December 31, 2009. This new agreement applies retroactively to January 1, 2010 and expires December 31, 2011. The agreement was reached following many meetings and hours of work by Staff and the Union. These efforts resulted in the attached agreement, along with a supporting Memorandum of Understanding, the changes in which are summarized in this memo. This agreement was accepted by a strong maj ority vote of our police officers. It is worthy of special note that this agreement occurred after the Union had filed for mediation but was still willing to engage in further negotiation to avoid the added time and expense of inediation and the possibility of binding arbitration. Staff recommends Council ratification of this Contract. Summary of Changes: Wage market adjustment: The Union accepted 0% pay increase for the first 10 months of 2010 with a market wage adjustment effective upon the acceptance of this agreement. Staff reviewed a list of 15 comparable cities we've used in the past, and determined that Fridley police officers were compensated below the mean salary level by $0.40 per hour, measured at the three-year level. The City and the Union ultimately agreed upon this market wage adjustment. This adjustment is applied pro-rata to the other steps in the pay scale. The resulting budgetary impact of this market adjustment along with resulting changes in mandatory benefits is approximately $5,114 in 2010 and $34,485 in 2011. 2. The Union agrees to a two-year suspension of the City's contractual obligation to allow employees to sell back up to 40 hours of annual leave each year, 2010 & 2011, in the attached Memorandum of Understanding (MOU). 3. The Union agrees to the City's directive to reduce by half the amount of reimbursement for educational expenses. The Union opted to reach the desired level of reduction by continuing to fund employees already enrolled in courses the full amount, but preclude any new enrollees during the remainder of the term of this contract. This concession is also specified in the accompanying MOU. Collective Bargaining Agreement with Police Officers November 4, 2010 Page 2 4. The Union agreed to the City's request to modify language regarding an employee's Choice of Remedy in response to suspension, demotion or termination. Following the dissolution of the Police Civil Service Commission several years ago, language in the contract allowed employees to avail themselves of multiple arbitration or legal challenges to disciplinary action. The new language requested by the City and agreed to by the Union limits employees to their choice of one remedy. 5. Incorporation of language in a 2008 Memorandum of Understanding between the City and the Union regarding FTO compensation specifying pro-rated compensation for less than a full 12- hour shift assignment to training new officers. 6. Agreement to compensate Extra-Duty overtime hours occurring on the 11 City —designated holidays each year at 2 times the employee's base rate of pay. This change eliminates an inconsistency between overtime hours worked for the City and those worked under contract to other entities (when private firms, individuals, or other agencies request special or dedicated services from Fridley officers). There is no additional cost to the City anticipated under this change, as a holiday rate will be charged to the entity contracting for the services of our officers sufficient to cover the holiday pay. 7. The Union also agreed to accept the employer's contribution to health insurance equal and limited to any increase granted non-union employees. Staff is recommending Council's support by ratifying this Contract. Don Abbott and Debbie Dahl will be available to answer any questions you may have. ►I B ►� i : ; b u- 1 ' ! " i < This Memorandum of Agreement is entered into between the City of Fridley {hereinafter, "Cit}r") and Law Enforcement Labor Services, Inc., Local No. 114 (hereina�ter, '`Unipn"). This MOU repre�ents the mutual untierstanding of the par�ies re�arding tuitic�n reinlbursement and aztnual leave sell back. REAS, ihe City and the L'nian are gartie4 ta a 2010-2011 collective bargaining agreement (hereinafter, `CBA"'); and W�IEREAS, Articles 25.4 and 25.5 of CBA stat�, ``Once a, year, at a time designated by the City, and Employee wi1I have the ap}�artunity to exehange up to five (5) days (40) hours of a�ccumulated annual leave far cash;" and WHEREAS. r'�rticle 3l .2 af the CBA states, "Financial assistance nc�t ta exceed the amount of two thousand, nine hundred, twenty-five dallars (�2,925) per Empfoyee per year will be exlended to co��er the cost of tuition...°' N1aW, THEREF4RE, the parti�s agree as fa��ov��s: 1. �mplayees will nc�t be able to sell back any annual leaue in 2�1(} or 2011. "This a�reement wi11 be in effect until Decemb�r 31, 2011. �. Fm�sloyees eurrently enrolIed in the tuition reimbursement progr�m will rentain enrolled tor 2010 and 201 l, l�ovw-ever no new empluyees will be enrolled ►n the program. This agreement ��ill be in effect untal Decernber 3l , 20l l. j. �lfter Uecember �'1. 201 l this MOLr wil( expire and s�anset, the contract lan�uage wilt then be in full farce and effect. II�T W7TNESS WHEREOF, the pariies have eaused this memorandurn of A�reement to he execute�i this dav of FC}R LA�' ENFt�RCEMENT LABC�R SERVICES, INC. �,OCAL # 119 r J�� ' � li r� , � Nicholas 'V1= etschka Date Gin Sky� 17ate /� G�-t5�°"� - - o ,fi�� Bab' Stevens Date ��i( �% � /+C7 lti'ick I�aufer I7ate FOR THF CITY �L77F FRTDLF.,Y Scott J. Lund Date . � . .r' �//' �11"'f , � .- ,. ► r' / �/i.l:t� / � re • . r� w RESOLUTION NO. - 2010 A RESOLUTION APPROVING AND AUTHORIZING SIGNING AN AGREEMENT WITH POLICE OFFICERS OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEARS 2010 & 2011 WHEREAS, the Law Enforcement Labor Services, Inc. as bargaining representative of the Police Officers of the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of Police Officers of the Police Department of the City of Fridley; and WHEREAS, the City of Fridley has presented various requests to the Union and to the Employees relating to wages and working conditions of Police Officers of the Police Depariment of the City of Fridley; and WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, representatives of the Union and the City have reached an agreement (E�iibit "A"), and WHEREAS, Union members voted in favor of adopting the agreement, NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves said Agreement and that the Mayor and the City Manager are hereby authorized to execute the attached Agreement (E�iibit "A") relating to wages and working conditions of Police Officers of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2010. SCOTT J. LUND - MAYOR ATTEST: DEBRA SKOGEN - CITY CLERK EXHIBIT "A" LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 2010 & 2011 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 2010 & 2011 TABLE OF CONTENTS ARTICLE PAGE 1. Purpose of Agreement 1 2. Recognition 1 3. Definitions 1 4. Employer Security 3 5. Employer Authority 3 6. Union Security 3 7. Employee Rights - Grievance Procedure 4 8. Savings Clause 7 9. Seniority 7 10. Discipline 8 11. Constitutional Protection 9 12. Work Schedules 9 13. Overtime 9 14. Court �me 10 ll 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Call Back �me Working Out of Classification Insurance Standby Pay Uniforms P.O.S.T. Training Longevity and Educational Incentive Wage Rates Legal Defense Probationary Periods Annual Leave Holidays Short-term Disability Bereavement Leave Pay Jury Pay Compensatory Time Employee Education Program Pay for Investigators or School Resource Officer BMC Case No. 85-PN-486-A. Issue 8 Waiver Duration iii 10 11 11 13 13 13 13 15 15 16 16 18 18 19 19 19 20 21 21 21 22 LABOR AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL NO. 119 Article 1. Purpose of Agreement This Agreement is entered into between the City of Fridley, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. Article 2. Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, subdivision 8, for all police personnel in the following job classifications: 1. Police Officer 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. Article 3. Definitions 3.1 Union Law Enforcement Labor Services, Inc. 1 3.2 Union Member A member of the Law Enforcement Labor Services, Inc. 3.3 Emplo� A member of the exclusively recognized bargaining unit. 3.4 Department The Fridley Police Department. 3.5 Emplo ��er The City of Fridley. 3.6 Chief The Public Safety Director of the Fridley Police Department. 3.7 Union Officer Officer elected or appointed by the Law Enforcement Labor Services, Inc. 3.8 Investi�ator/Detective An Employee specifically assigned or classified by the Employer to the job classification and/or job position of Investigator/Detective. 3.9 Overtime Work performed at the express authorization of the Employer in excess of the Employee's scheduled shift. 3.10 Scheduled Shift A consecutive work period, including rest breaks and a lunch break. 3.11 Rest Breaks Periods during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 2 3.12 Lunch Break A period during the scheduled shift during which the Employee remains on continual duty and is responsible for assigned duties. 3.13 Strike Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful; and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. Article 4. Employer Security The Union agrees that during the life of this Agreement the Union will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. Article 5. Employer Authority 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and moclify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to moclify, establish, or eliminate. Article 6. Union Security 6.1 The Employer shall deduct from the wages of Employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate Employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the Employee bulletin board for posting Union notice(s) and announcement(s). �3 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. Article 7. Employee Rights — Grievance Procedure 7.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated as provided by Section 6.2 of this Agreement. 7.3 Processin� of Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will � discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2, shall be placed in writing setting forth the nature of the grievance, the facts on which it is based; the provision or provisions of the Agreement allegedly violated; the remedy requested; and shall be, appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer to Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2 If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer- designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 2a If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 3 of the grievance procedure. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days of inediation shall be considered waived. Step 3 A grievance unresolved in Step 2 or Step 2a and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authoritv a. The arbitrator shall have no right to amend, moclify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. � b. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or moclifying or varying in any way to application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. c. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 7.7 Choice of Remedv If, as a result of the written Employer response in Step 2 or 2a, the grievance remains unresolved, and if the grievance involves the suspension, demotion or dischar�e of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article 7 or to another procedure such as Veteran's Preference or Fair Emplo�. If appealed to anv procedure other than Step 3 of this Article, the grievance is not subject to the arbitration procedure as provided in Step 3 of Article 7. The aggrieved Employee shall indicate in writing which procedure is to be utilized - Step 3 of Article 7 or an alternate procedure - and shall sign a statement to the effect that the choice of the alternate procedure precludes the aggrieved Employee from making a subsequent appeal through Step 3 of Article 7. CC� Except with respect to statutes under jurisdiction of the United States Equal Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. If a court of competent jurisdiction rules contrarv to the rulin� in EEOC u. Board of Gouernors of State Colle�es and Uniuersities, 957 F.2d 424 (7th Cir.), cert. denied, 506 U.S. 906, 113 S.Ct. 299(1992), or if Board of Gouernors is judicially or le�islatively overruled, this para�raph of this Section shall be null and void. Article 8. Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Fridley. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. Article 9. Seniority 9.1 Seniority shall be determined by the Employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period, a newly hired or rehired Employee may be discharged at the sole direction of the Employer. During the probationary period a promoted or reassigned Employee may be replaced in his/her previous position at the sole discretion of the Employer. 9.3 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An Employee on layoff shall have an opportunity to return to work within two years (2) of the time of his/her layoff before any new Employee is hired. 9.4 Senior Employees will be given preference with regard to transfer, job classification assignments and promotions when the job-relevant qualifications of Employees are equal. 9.5 Senior qualified Employees shall be given shift assignments preference after eighteen (18) months of continuous full-time employment. 7 9.6 One continuous scheduled annual leave period shall be selected on the basis of seniority until March lst of each calendar year. After March lst, scheduled annual leave shall be on a first-come, first-served basis. 9.7 Employees shall lose their seniority for the following reasons: a. Discharge, if not reversed; b. Resignation; c. Unexcused failure to return to work after expiration of a vacation or formal leave of absence. Events beyond the control of the Employee, which prevent the Employee from returning to work will not cause loss of seniority; d. Retirement. Article 10. Discipline 10.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or e. discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an Employee's personnel file, shall be read and acknowledged by signature of the Employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by suspension without pay for forty (40) regularly scheduled working hours unless otherwise required by law. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. E:j 10.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article 7. Article 11. Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. Article 12. Work Schedules 12.1 The normal work year is an average forty (40) hour work week for full-time Employees to be accounted for by each Employee through: a. hours worked on assigned shifts; b. holidays; c. assigned training; e. authorized leave time. 12.2 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign Employees. Article 13. Overtime 13.1 Employees will be compensated at one and one-half (1-1/2) times the Employee's regular base pay rate for hours worked in excess of the Employee's regularly scheduled shift. Changes of shifts do not qualify an Employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by Employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Employee from so working. Article 14. Court Time F�7 14.1 An Employee who is required to appear in court during his/her scheduled off- duty time shall receive a minimum of three (3) hours pay at one and one-half (1.5) times the Employee's base pay rate. The City may assign the Employee to stand by pending the notification of their appearance being required. Unless otherwise specified by the City or the prosecutor, this period of standby shall commence three (3) hours prior to the time scheduled for the Employee's appearance in court. The Employee will be compensated for three (3) hours at their base rate as provided in Article 18 for each day on standby. 14.2 If the court appearance is scheduled during the Employee's off time, and if the court appearance is cancelled, the Employee will be notified by the end of the business day (5:00 p.m.) preceding the court appearance. If notification of cancellation is not made by the end of the business day (5:00 p.m.) preceding the court appearance, the Employee will receive standby pay for three (3) hours at their base rate of pay. 14.3 The business day notice applies to all court cases for which the Employee receives notice resulting from their employment with the City. 14.4 Employees who are assigned to standby for a court appearance during their off- duty time, and who are then notified by the prosecuting attorney that they need to appear and who do appear in court shall receive a minimum of three (3) hours pay at one and one-half (1.5) times the Employee base rate of pay. Employees will not be paid both standby pay and for three (3) hours at one and one-half their base rate of pay. 14.5 Employees will be required to appear for the Court Trials/Traffic Court, for Contested Omnibus Hearings, for Implied Consent Hearings, and for any other court appearance where the City or the prosecuting attorney directs that Standby is not feasible. Article 15. Call Back Time 15.1 An Employee who is called to duty during the Employee's scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1-1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not quali_f'y the Employee for the three (3) hour minimum. 15.2 An Employee who works extra-duty work (outside employment) during the Employee's scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the Employee's base pay rate. Extra-duty hours worked on a holiday, as defined in Article 26, shall be compensated at two (2) times the Employee's base pay rate. 10 Article 16. Working Out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment. Article 17. Insurance 17.1 For the calendar year 2010, for Employees who choose single coverage in the Base Plan, the Employer will contribute up to $519.59 per month per employee toward the health insurance premium or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose single coverage in the Base Plan, the Employer will contribute up to $519.59 per month per employee toward the health insurance premium or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.2 For the calendar year 2010, for Employees who choose dependent coverage in the Base Plan, the Employer will contribute up to $1,103.33 per month per employee toward the health insurance premium, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose dependent coverage in the Base Plan, the Employer will contribute up to $1,103.33 per month per employee toward the health insurance premium, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.3 For the calendar year 2010, for Employees who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $411.15 per month toward the single health insurance premium and $1,003.33 toward dependent health insurance premium, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $411.15 per month toward the single health insurance premium and $1,003.33 toward dependent health insurance premium, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.4 For the calendar year 2010, for Employees who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $100 per month toward the VEBA Trust Account, or an equal 11 amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose the high deductible health plan and health reimbursement arrangement (HRA), the Employer will contribute $100 per month toward the VEBA Trust Account, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.5 For the calendar year 2010, for Employees who choose the high deductible health plan and healthcare savings account (HSA), the Employer will contribute $419.59 per month toward single health insurance premium and $1,003.33 toward the dependent health insurance premium, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose the high deductible health plan and healthcare savings account (HSA), the Employer will contribute $419.59 per month toward the single health insurance premium and $1,003.33 toward the dependent health insurance premium, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.6 For the calendar year 2010, for Employees who choose the high deductible health plan and healthcare savings account (H.S.A.), the Employer will contribute $100 per month toward the H.S.A. Account, or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. For the calendar year 2011, for Employees who choose the high deductible health plan and healthcare savings account (H.S.A.), the Employer will contribute $100 per month toward the H.S.A., or an equal amount to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.7 For the calendar year 2010 and for 2011, for Employees who choose dental coverage, the Employer will contribute up to $22 per month toward the dental insurance premium, or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.8 The Employer will provide group term life insurance with a maximum of $25,000 per Employee and additional accidental death and disability insurance with a maximum of $25,000 per Employee (current cost is $4.25 per month), or an amount equal to that provided to non-union employees, whichever is greater, in accordance with the Employer's Flexible Benefit Plan. 17.9 For 2010 and 2011, in accordance with the Employer's Flexible Benefit Plan, Employees have the option during an open enrollment period or during 12 approved qualified events to decline health or dental insurance coverage, provided they provide proof of coverage elsewhere. In lieu of electing health and dental benefits, Employees may elect the option of having ten (10) additional Benefit Leave Days or a monthly cash benefit of $415.67, or the amount equal to or greater than the amount provided to non-union employees. Benefit Leave days are required to be used within in the calendar year and may not be carried into the following year. Article 18. Standby Pay Employees required by the Employer to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby. Employees placed on standby shall remain able to respond within a reasonable time. Such reasonable time, if not otherwise specified at the time of assignment to standby, shall be one (1) hour to the police department, assigned court location, or other location designated by the City. Employees placed on standby shall remain available to be contacted by the Employer by normal means to include phone or wireless communication devices. Employees assigned to standby for court appearances shall be compensated for three (3) hours of pay for each day or portion of a day on standby. Article 19. Uniforms The Employer shall provide required uniform and equipment items. Article 20. P.O.S.T. Training 20.1 Employer shall assign training at Employer's expense for Police O�cers to complete 48 hours of P.O.S.T. Board approved education during each three-year licensing period. 20.2 Employer shall pay the cost of maintaining P.O.S.T. licensure for all Employees required to maintain the license. Article 21. Longevity and Educational Incentive Effective July 1, 1978, the following terms and conditions are effective, except that Employees hired after January 1, 1987, shall not be eligible for educational incentive. 21.1 After four (4) years of continuous employment each Employee shall choose to be paid three percent (3%) of the Employee's base rate or supplementary pay, based on educational credits as outlined in 21.6 of this Article. 21.2 After eight (8) years of continuous employment, each Employee shall choose to be paid supplementary pay of five percent (5%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined 21.6 of this Article. 13 21.3 After twelve (12) years of continuous employment, each Employee shall choose to be paid supplementary pay of seven percent (7%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined in 21.6 of this Article. 21.4 After sixteen (16) years of continuous employment, each Employee shall choose to be paid supplementary pay of nine percent (9%) of the Employee's base rate, or supplementary pay based on educational credits, as outlined in 21.6 of this Article. 21.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 21.6 Supplementary pay based on educational credits will be paid to Employees after twelve (12) months of continuous employment at the rate of: Educational credits stated in terms of colle�e quarter credits 45-89 90 - 134 135 - 179 180 or more Percentage Pay increment 3% 5% 7% 9% Not all courses are to be eligible for credit. Courses receiving qualifyin� credits must be job-related. (Thus, a four-year degree is not automatically 180 credits - or two year certificate is not automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. For example: If Principles of Psychology (8 credits) is required before taking Psychology of Police Work (3 credits), completion of those courses would yield a total of eleven qualifying credits. C.E.U.'s (Continuing Education Units) in job-related seminars, short courses, institutes, etc. shall also be counted. The Employer shall determine which courses are job-related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A. Article 22. Wage Rates 22.1 The following hourly wage rates will apply for 2010 & 2011 (amounts may be rounded to two decimal points): Jan.l Nov.6 Jan.l 2010 2010 2011 14 Start After six months After one year After two years After three years 20.20 21.76 24.83 27.92 31.04 20.46 22.07 25.16 28.28 31.44 20.46 22.07 25.16 28.28 31.44 22.2 Employees classified or assigned by the Employer to the following job classifications or positions will receive five percent (5%) in addition to their regular wage rate: Investigative (detective); School Resource Officer; Rental Housing Officer and Drug Task Force Investigator 22.2 An Employee certified for and assigned to Field Training Officer (FTO) duties shall receive overtime pay equal to the overtime rate or compensatory time at time and one-half up to the limit in Article 30, in addition to any other regular overtime worked, for any single shift worked as Field Training Officer as indicated: Shift of 12 or more hours Shift of 8 to 11.9 hours Shift of 4 to 7.9 hours Article 23. Legal Defense two (2) hours one and one half (1-1/2) hours one (1) hour 23.1 Employees involved in litigation because of proven negligence, or non- observance of laws, or of a personal nature, may not receive legal defense by the municip ality. 23.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of his/her employment, when such act is performed in good faith and under the direct order of his/her supervisor, shall be reimbursed for attorney's fees and court costs actually incurred by such Employee in defending against such charge. 23.3 Employer will provide protection for all Employees against false arrest charges. Article 24. Probationary Periods All newly hired or rehired Employees will serve a twelve (12) month probationary period. Article 25. Annual Leave 15 25.1 Each Employee shall be entitled to annual leave away from employment with pay. Employees shall accrue annual leave based on an average eight (8) hour work day. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an Employee is entitled; provided, however, that the amount of any compensation shall be reduced by the payment received by the Employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An Employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the Employee received compensation. 25.2 Seniority shall apply on scheduled annual leave up to March lst of each year. After March lst, scheduled annual leave shall be on a first-come, first-served basis. 25.3 A beginning Employee shall accrue annual leave at the rate of eighteen (18) days (144 hours) per year for the first seven (7) years (84 successive months). An Employee who has worked seven (7) years (84 consecutive months) shall accrue annual leave at the rate of twenty-four (24) days (192 hours) per year, beginning with the eighty-fifth (85th) month of successive employment. An Employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days (208 hours) per year, beginning with the one hundred eighty-first (181St) month of successive employment. These rates are based on a forty-hour (40) regular workweek. The actual amount credited to an Employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby shall not enter into the calculation of the accrual of annual leave. 25.4 For an Employee hired on or after January 1, 1984: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days (240 hours). Once a year, at a time designated by the City, an Employee who has completed five (5) years of service with the City will have the opportunity to exchange up to five days (40 hours) of accumulated annual leave for cash. 25.5 For an Employee hired before January 1, 1984: 16 Vacation accrued but unused as of December 31, 1983, shall be converted by annual leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of December 31, 1983, shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240) hours. The total amount of annual leave credited to the Employee's balance as of January 1, 1984, shall be equal to accrued but unused vacation plus accrued but unused sick leave converted according to the formula above plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an Employee's accumulation of annual leave exceeds thirty (30) days (240 hours), that amount shall be the maximum total accumulation (cap) for that Employee at the end of any subsequent year. Once a year, at a time designated by the City, an Employee will have the opportunity to exchange up to five (5) days (40 hours) of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an Employee with an accumulation of annual leave in excess of thirty (30) days (240 hours) will have the opportunity to exchange up to five (5) days (40 hours) of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an Employee by an equal amount. 25.6 An Employee who wishes to take advantage of the catch-up provision for the City's 457 Deferred Compensation Plan may exchange as many days as desired for cash under the following conditions: a. The Employee's cap is reduced by the number of days exchanged. b. In no case may the cap be reduced below thirty (30) days (240 hours). c. An Employee taking advantage of this provision must file the appropriate forms with the payroll division of the Employer. 25.7 Upon separation from employment with the City, an Employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the Employee's balance. 17 Article 26. Holidays 26.1 Employees will accrue eight (8) hours of holiday leave for each of eleven (11) holidays in a calendar year. If the City granted a 12th holiday to non-union employees, it would apply to the patrol union as well. 26.2 In addition to the eleven holidays, Employees assigned to the Patrol Division shall be paid at one and one-half (1- 1/2) times their base rate of pay for all hours worked on the actual holiday between the hours of midnight and midnight. For any overtime hours worked on a holiday, Employees will be paid two (2) times their base rate of pay. 26.3 Employees, with approval, may use accumulated holiday leave time in any hourly increment the Employee chooses. Article 27. Short Term Disability 27.1 Calculation of the short-term disability benefit shall be based on an average eight (8) hour workday. Each Employee who has successfully completed the Employee's probationary period shall be eligible for the short-term disability benefit. Such an Employee shall be entitled to full pay commencing on the twenty-first (21St) consecutive working day on which the Employee is absent (after absence for 160 consecutive regularly scheduled working hours) due to a physician-certified illness or injury off the job, and continuing until the Employee returns to work able to carry out the full duties and responsibilities of the Employee's position or through the one hundred tenth (110th) working day (880th regularly scheduled working hour) of absence, whichever occurs first. Such an Employee shall also be entitled to full pay commencing on the eleventh (llth) consecutive working day on which the Employee is absent (after absence for eighty consecutive regularly scheduled working hours) due to a physician- certified illness or injury on the job and continuing until the Employee returns to work able to carry out the duties and responsibilities of the Employee's position or through the one hundredth (100th) working day (800th regularly scheduled working hour) of absence, whichever occurs first. The amount of any compensation for the short-term disability benefit shall be reduced by any payment received by the disabled Employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. Payment of short-term disability benefit by the City to an Employee shall not exceed ninety (90) working days (720 working hours) for any single illness or injury, regardless of the number and spacing of episodes. The annual leave balance of an Employee receiving short-term disability benefit shall not be reduced, nor shall such Employee accrue annual leave during that period. �:? 27.2 Before any short-term disability payments are made by the Employer to an Employee, the Employer may request and is entitled to receive a certificate signed by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The Employer also reserves the right to have an examination made at any time of any Employee claiming payment under the short-term disability benefit. Such examination may be made on behalf of the Employer by any competent person designated by the Employer when the Employer deems the same to be reasonably necessary to verify the illness or injury claimed. 27.3 If an Employee hired before January 1, 1984, has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short-term disability for that same injury. Article 28. Bereavement Leave 28.1 Bereavement leave will be granted to full-time Employees up to a maximum of twenty-four (24) scheduled hours. Bereavement Leave is granted in case of deaths occurring in the immediate family. For this purpose, immediate family is considered to include: spouse, children, parents, brothers, sisters, grandparents, grandchildren, parents in-laws, brothers in-law, and sisters in-law. 28.2 The City will allow union employees to follow current practices for non-union employees, which gives Employees an option to appeal directly to the City Manager for additional time off if extenuating circumstances prevail. Article 29. Jury Pay It shall be understood and agreed that the Employer shall pay all regular full- time Employees serving on any jury the difference in salary between jury pay and the Employee's regular salary or pay while in such service. Article 30. Compensatory Time Management reserves the right to approve compensatory time in lieu of overtime pay. Compensatory time shall not be accumulated in excess of thirty six (36) hours, and must be used within the calendar year in which it was accumulated as determined by the Employer. Article 31. Employee Education Program 31.1 The Employer will pay certain expenses for certain education courses based on the following criteria: 19 a. The training course must have relevance to the Employee's present or anticipated career responsibilities; b. Attendance shall be at an institution approved by the Employer. The course must be approved by the Chief. c. Financial assistance will be extended only to courses offered by an accredited institution. This includes vocational schools, Minnesota School of Business, etc. 31.2 Programs Financial Policy Financial assistance not to exceed the amount of two thousand, nine hundred, twenty-five dollars ($2,925.00) per Employee per year will be extended to cover the cost of tuition, required books or educational materials, and required fees related to the course. Charges for student union membership, student health coverage and other charges for which the student receives some item or services other than actual instruction will not be paid. The Employer will pay fifty percent (50%) of the cost of tuition in advance of the Employee's actual participation in the course and the Employee shall pay fifty percent (50%) of the cost. Upon successful completion of the course, an Employee will be required to present to the Chief a certification of satisfactory work. Satisfactory work is defined as follows: a. In courses issuing a letter grade, a C or above is required. b. In courses issuing a numerical grade, seventy percent (70%) or above is required. c. In courses not issuing a grade, a certification from the instructor that the student satisfactorily participated in the activities of the course is required. 31.3 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50%) of the tuition cost for which the Employee obligated himself or herself in the approved application as well as for the cost of any course required books, educational materials or fees. If the Employee fails to satisfactorily complete the course, the Employee will not be reimbursed for these costs. 31.4 The program will not reimburse the Employee for the hours the Employee spends in class, only for the tuition. 31.5 Expenses for which the Employee is compensated under some other educational or assistance program, such as the GI bill, will not be covered. 20 31.6 The City will not pay tuition or other costs for those courses, which are used to make the Employee eligible for additional salary. Article 32. Pay for Investigators, School Resource, Rental Housing Officers, and Drug Task Force Investigators In addition to receiving the five (5%) percent per month differential assigned as Investigators, School Resource, Rental Housing Officers, Force Investigators shall be eligible for the overtime provisions applicable to Police Officers. Article 33. BMC Case No. 85-PN-486-A, Issue 8 pay, Employees and Drug Task of the contract The Employer shall establish a minimum of two (2) months between each shift change in the rotation. Article 34. Waiver 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employee and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by the Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Article 35. Duration This Agreement shall be effective as of the first day of Jan. l, 2010, full force and effect through the thirty-first day of December, whereof, the parties hereto have executed this Agreement on , 2010. I hereby recommend approval of this agreement. 21 and shall remain in 2011. In witness this day of FOR CITY OF FRIDLEY Scott J. Lund, Mayor William W. Burns, City Manager (Date) (Date) Deborah K. Dahl, Human Resources Director (Date) Donovan W. Abbott, Public Safety Director (Date) FOR LAW ENFORCEMENT LABOR SERVICES, INC. Nick Wetschka, LELS Business Agent Gin Skyy, Steward Bob Stevens, Steward Nick Kaufer, Steward 22 (Date) (Date) (Date) (Date) � � CffY DF FRIDLEY Date: To: From: Subiect AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 November 3, 2010 William Burns, City Manager Scott Hickok, Community Development Director Paul Bolin, Assistant Executive Director of Fridley HRA Set Public Hearina for Housina Replacement Proaram TIF District INTRODUCTION Staff is requesting approval of a resolution calling for a public hearing on adoption of the restated Housing Replacement TIF District Plan for housing replacement district No. 1, including phases I-IV and adoption of phase V for housing replacement district number 1. Simply put, staff is asking the City Council to set the public hearing for the restated housing replacement program. The housing replacement program was reauthorized during the last legislative session as a tool for the City of Fridley to address the number of substandard vacant properties resulting from foreclosures. The program allows the HRA to purchase and demolish substandard properties, sell the lots for owner occupied market rate housing, and recover a portion of the acquisition and demolition expenses by including the parcels in the Housing Replacement TIF District. STAFF RECOMMENDATION Staff recommends City Council approve the attached resolution, setting the public hearing for Monday, December 13, 2010. RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON (A) ADOPTION OF RESTATED HOUSING REPLACEMENT DISTRICT PLAN FOR HOUSING REPLACEMENT DISTRICT NO. 1 INCLUDING PHASES I-IV AND (B) ADOPTION OF PHASE V FOR HOUSING REPLACEMENT DISTRICT NO. 1. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Public Hearing. 1.01. This Council shall meet on Monday, December 13, 2010, commencing at approximately 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following: (a) adoption of Restated Housing Replacement District Plan for Housing Replacement District No. 1 including Phases I-IV (the "Plan") and (b) adoption of Phase V for Housing Replacement District No. 1., all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented. This notice is also pursuant to the original statutory authority provided by Laws of Minnesota 1995, Chapter 264, Article 5, Sections 44 through 47 in which the Housing Replacement District Plan was approved and Housing Replacement District No. 1 was created. This original statutory authority was amended by Laws of Minnesota 1996, chapter 471, article 7, section 22, and Laws of Minnesota 1997, chapter 231, article 10, section 13, and Laws of Minnesota 2002, chapter 377, article 7, section 6, and Laws of Minnesota 2008, chapter 154, article 9, section 19, and Laws of Minnesota 2010, Chapter 216, Section 42. Section 2. Notice of Hearing; Filing of Plans. 2.01. The City Clerk is authorized and directed to cause notice of the public hearing, substantially in the form attached hereto as Exhibit A, to be published as required by law, to place a copy of the Restated Housing Replacement District Plan for Housing Replacement District No. 1 including Phases I-IV and Phase V for Housing Replacement District No. 1 (collectively the "Plans") on file in the City Clerk's office and to make such Plans available for inspection by the public. Passed and adopted by the Council of the City this day of , 2010. MAYOR ATTEST: CITY CLERK Page 2 - Resolution No. CERTIFICATION I, , the duly qualified Clerk of the City of Fridley, County of Anoka, State of Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of , 2010. CITY CLERK EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN THAT the City Council (the "Council") of the City of Fridley, Minnesota, will hold a public hearing on Monday, December 13, 2010, commencing at approximately 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following: (a) adoption of Restated Housing Replacement District Plan for Housing Replacement District No. 1 including Phases I-IV (the "Plan") and (b) adoption of Phase V for Housing Replacement District No. 1., all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented. This notice is also pursuant to the original statutory authority provided by Laws of Minnesota 1995, Chapter 264, Article 5, Sections 44 through 47 in which the Housing Replacement District Plan was approved and Housing Replacement District No. 1 was created. This original statutory authority was amended by Laws of Minnesota 1996, chapter 471, article 7, section 22, and Laws of Minnesota 1997, chapter 231, article 10, section 13, and Laws of Minnesota 2002, chapter 377, article 7, section 6, and Laws of Minnesota 2008, chapter 154, article 9, section 19, and Laws of Minnesota 2010, Chapter 216, Section 42. Copies of the documentation relating to the above proposed actions will be on file and available for public inspection in the office of the City Clerk. The Plan provides that there may not be more than 100 parcels at any time in Housing Replacement District No. 1 and that the property proposed to be included in Phase V for Housing Replacement District No. 1 is described below and is illustrated on the attached map: 23-30-24-23-0152 5825 — 2'/2 Street N E 03-30-24-23-0088 521 Fairmont Street NE All interested persons may appear at the hearing and present their views orally or in writing. BY ORDER OF THE CITY COUNCIL /s/ City Manager (attach map) MMB: 4845-5797-8375, v. 1 � � CfTY flF FRIaLE'f To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 William W. Burns, City Manager Director of Public Safety Donovan Abbott November 1, 2010 2009-2010 Anoka County DUI Nightcap Grant Agreement The Anoka County Sheriff's Office and the Cities of Anoka, Blaine, Centennial Lakes, Columbia Heights, Coon Rapids, Ramsey, Spring Lake Park, Lino Lakes, St. Francis, and Fridley Police Departments participate in the Anoka County DUI Nightcap Grant Program. The State of Minnesota Department of Public Safety uses this program to award funds provided by the Federal Office of Traffic Safety to communities for use in traffic education and enforcement efforts. Minnesota State Patrol has administered and acted as fiscal agent for the Anoka County DUI Nightcap Grant Program on behalf of the participating agencies. The Minnesota State Patrol will no longer execute the grant or be the administrator or fiscal agent for the grant. The Blaine Police Department has agreed to execute the grant and be the fiscal agent and administrator of the grant on behalf of participating agencies. The State of Minnesota Department of Public Safety requires a resolution from each participating agency authorizing the change of executor for the grant. Staff recommends Council's approval. RESOLUTION NO. 2010- RESOLUTIOIN AUTHORIZING NEW GRANT FISCAL AGENT/ADMINISTRATION FOR MINNESOTA DEPARTMENT OF PUBLIC SAFETY TRAFFIC ENFORCEMENT PROJECTS WHEREAS, THE City of Fridley Police Department entered into a grant agreement with the Minnesota Department of Public Safety for traffic safety enforcement projects during the period from October 1, 2010, through September 30, 2011; and WHEREAS, the Minnesota State Patrol was originally authorized to execute the grant be the fiscal agent and administrator of said grant on behalf of the Fridley Police Department; and WHEREAS, the Minnesota State Patrol will no longer execute the grant or be the fiscal agent and administrator of said grant on behalf of the Fridley Police Department; NOW THEREFORE, BE IT RESOLVED that the Blaine Police Department is hereby authorized to execute the grant and be the fiscal agent and administrator of said grant on behalf of the Fridley Police Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 2010. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK � AGENDA ITEM � COUNCIL MEETING OF NOVEMBER 8, 2010 � �F CLAI MS FRIDLEY CLAIMS 148326 - 148487 �i i i H o i ,Y, �z i o V p � Og u7 �� U � 3 aC � � �i �C � a f3e N I I I I 1 [2� ] 1 [] 1 1 Q 1 1 U 3 1 3 1 � rYi � � f� � � [Q � \ � W � Cy � I Q I I ¢� �' O a � � N \ � N r� Cl � � H Q CG E� ao � W N \ � N X N U \ � o U � d O � a r� Lu � rn P .a ry � >] ?� �' o W osn a \ M (a ri ,£ H �c�a W q .. 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N . � . . . � . � . . a . �rr �n in �n �n �n �rl �n �n r � .i r� rl r� ri v� .-i .a v' d� T d� W sN E� N d� d� !�1 I f I I 4 I I l I 0 0 o a o� o o m o 0 o a o 0 0 0 �o .-�a �-+� r+�n�n�n �o NMm N o oa o� o�n o��n�n�n o0 omm o 0 N 1� N Ol (V O N O O O (V O N O O N O � � � i � i � i � i � � �, � � i a� mm er� ��r�� m� w rr� �� 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 �� N �NNti �� N �� .ti .i ,ti .i .i M .a .a ,a .a .a � � .-� � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 LICENSES TYPE (�F LICENSE: APPLICANT: ' APPRC)�ED' BY: ' Christmas Tree Sales Home Depot Chief Building Inspector 5650 Main Street NE Fire Marshal Cit Clerk Menards Chief Building Inspector 5351 Central Avenue NE Police Department Scott E. McKenzie Police Department Fire Marshal Cit Clerk Food, Retail Gas and Tobacco Stop and Save Chief Building Inspector 7298 Highway 65 NE Police Department Rashad Hamid Badae Fire Marshal City Clerk Food, Retail Gas, Tobacco and Northern Tier Retail LLC dba Chief Building Inspector Off-Sale 3.2% Malt Liquor SuperAmerica Police Department Rex Eric Butcher Fire Marshal Store 4175, 5667 University Ave City Clerk Store 4199, 7299 Highway 65 Store 4207, 7449 East River Road � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 8, 2010 ��F LICENSES FRIDLEY Contractor T e A licant A roved B Bona Brothers Contractin Commercial or S ecialt Brian Bona Ron Julkowski, CBO Bostrom Sheet Metal Works Inc Heatin Bob Vranicar Ron Julkowski, CBO Duct Works Heating & Air Gas Jenn Sondrall Ron Julkowski, CBO Conditionin Duct Works Heating & Air Heating Jenn Sondrall Ron Julkowski, CBO Conditionin Fast Edd s Fla s& Si ns Si n Erector Edmund Galla her Ron Julkowski, CBO Faulkner Construction Inc Commercial or S ecialt Mark Haselman Ron Julkowski, CBO Gre stone Construction Com an Commercial or S ecialt Ed Fo art Ron Julkowski, CBO In-A-Vent Heatin Ronald Moodie Ron Julkowski, CBO Install This Si n& Awnin Si n Erector Paul Miller Ron Julkowski, CBO Inde endent School Dist #14 Commercial or S ecial Duane Knealin Ron Julkowski, CBO Master Mechanical Inc Gas David Schultz Ron Julkowski, CBO Master Mobile Home Serv Gas Ba Fassett Ron Julkowski, CBO Master Mobile Home Serv Heatin Ba Fassett Ron Julkowski, CBO Neisens Pavin & Excavatin Inc Wreckin Mike Niesen Ron Julkowski, CBO Noah Ac uisition LLC Gas Josh McGuire Ron Julkowski, CBO Noah Ac uisition LLC Heatin Josh McGuire Ron Julkowski, CBO Ownes Com anies Heatin Liana Cohan Ron Julkowski, CBO Paul Westb Commercial or S ecialt Paul Westb Ron Julkowski, CBO Peterson Pinne Heatin Ra Turn uist Ron Julkowski, CBO 7 Metro Heating & Air Heating Paul Heisler Ron Julkowski, CBO Conditionin Schluender Construction Inc Wreckin Robert Schluender Ron Julkowski, CBO Utilit Ener S stems Gas Derek Dodds Ron Julkowski, CBO William Ja ze Limousine Commercial or S ecialt Mark Rhoades Ron Julkowski, CBO � � CfTY DF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 LICENSES William W. Burns, City Manager John Crelly, Fridley Assistant Fire Chief November 8, 2010 Annual renewal of rental licenses Attached is a list of 28 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. ProplD: 1150 1152 1137 1141 1142 1143 1167 1181 1929 1400 1809 1222 1223 1226 1243 1244 1260 1278 1330 1331 1335 1337 1302 1922 1928 1842 1789 1410 Rental Housing. Property Address Units 5121-23 3rd St. NE 2 5141-43 3rd St. NE 1 5200 3rd St. NE 11 5260 3rd St. NE 11 5261 3rd St. NE 11 5290 3rd St. NE 11 5420-26 4th St. NE 4 213-219 53rd Ave. NE 4 537 54th Ave. NE 1 6200 5th St. NE 51 23 62nd Way NE 1 1590-96 68th Ave. NE 4 1591-97 68th Ave. NE 4 1612-18 68th Ave. NE 4 1630-40 69th Ave. NE 6 1650-58 69th Ave. NE 5 1441 73rd Ave. NE 18 5430 7th St. NE 34 6551 Channel Rd. NE 11 6571 Channel Rd. NE 11 1290 Cheri Ln. NE 18 5439 E Brenner Pass 1 538 Glencoe St. NE 1 5132 Hughes St. NE 1 6540 Lucia Ln. NE 1 5381 Madison St. NE 1 6741 Monroe St. NE 1 1601 N Innsbruck Dr. Apt. 384 1 Owner Violet S. Woods Nizar Benhaj Helena Bigos Helena Bigos Helena Bigos Helena Bigos Paul Wiley Helena Bigos Kristopher Long Norwood Square Inc. Mahmoud Abdel-Karem Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Bradley G. Dunham MC 7th Street Properties, HJ 11 LLC. HJ 11 LLC. Cedar Management Inc. Sean St. Germain Dianne Olson & Graig S.O.S. Source One Brian A. Kirkman Robert W. Hassman David Wiger Melissa M. Olson Total # of Licenses for approval: 28 � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 8, 2010 CfTY OF FRIDLEY Date: November 2, 2010 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject:Public Hearing for Rezoning Request, ZOA #10-02, Ashland Inc. INTRODUCTION Michael Schifsky, who is representing Ashland Inc., is requesting to rezone the property at 7315 Hwy 65 from M-1, Light Industrial to C-2, General Business to allow the redevelopment of this site with a retail user. Staff determined that in order to avoid spot zoning and create a contiguous commercial zoning district in this area the properties to the south should also be rezoned. These properties are 7299 Hwy 65, which is currently a Super America gas station and the vacant parcel to the south of Super America, which is addressed 7201 Hwy 65. The gas station use most closely fits in a commercial zoning district. The City has notified the owners of the Super America, who are also the owners of the vacant lot south that their properties are involved in this rezoning process. They appeared at the Planning Commission meeting to state they had no problem with their properties being rezoned to C-2, General Business. PLANNING COMMISSION RECOMMENDATION At the October 20, 210, Planning Commission meeting, a public hearing was held for ZOA #10-02. After some discussion, the Planning Commission recommended approval of rezoning, ZOA #10-02. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council hold a public hearing for Rezoning Request, ZOA #10-02. City of Fridley Land Use Application ZOA #10-02 October 20, 2010 GENERAL INFORMATION Applicant: Ashland Inc. Michael Schifsky 824 Lakestreet N Prescott WI 54021 Requested Action: Rezoning from M-1 to C-2 Location: 7315 Hwy 65 NE, 7299 Hwy 65 NE and vacant lot south of 7299 HwV 65 NE Existing Zoning: M-1, Light Industrial Size: 7315 Hwv 65: 23,528 sq. ft. 7299 HwV 65: 58,951 sq. ft. Vacant parcel: 45, 189 sq. ft. Existing Land Use: .54 acres 1.35 acres 1.03 acres Vacant Valvoline Instant Oil Change building Super American Service Station Vacant Land Surrounding Land Use & Zoning: N: City Well House & P E: Industrial & M-1 S: Commercial & C-2 W: Hwy 65 & ROW Comprehensive Plan Conformance: Future Land Use Map designates this area as Redevelopment. Legal Description of Property: 7315 Hwy 65: Lots 1 and 2, Block 2, Central View Manor 7299 Hwy 65: Tract B, Registered Land Survey No. 88, subject to easement of record. Vacant parcel: Tract D, Registered Land Survey No. 88, subiect to easement or record. Zoning History: 7315 HwV 65: 1949 — Lot is platted. 1987 — SUP granted to allow a service station 1987 — Several variances granted to allow for the construction of the building. 1987 — Building is constructed. SPECIAL INFORMATION 7299 Hwv 65: Property has never been platted. 1983 — Special Use Permit, Variances and a lot split were granted to allow the construction of the service station. 1983 — Building is constructed. Public Utilities: Both Valvoline and Super America are connected; utilities are available in the street for vacant parcel. Transportation: 7315 Hwy 65: Is accessed from the Service Drive & 73 %z Ave. 7299 Hwv 65: Is accessed from the Service Drive & 73rd Ave. Physical Characteristics: 7315 Hwy 65 & 7299 Hwy 65 consist of building, hard surface parking areas, and landscaping. Vacant lot is vegetative. SUMMARY OF REQUEST The petitioner, Michael Schifsky, on behalf of Ashland Inc., is seeking to rezone the property at 7315 Hwy 65 from M-1, Light Industrial and C-2, General Business. As a result, the City is also pursuing the rezoning of the Super America property at 7299 Hwy 65 and the vacant lot south of it from M-1, Light Industrial to C-2, General Business. The purpose of the rezoning will allow the Ashland property to redevelop and will better match the use of the properties with the zoning. SUMMARY OF ANALYSIS City Staff recommends approval of the rezoning, with stipulations. ■ Proposed rezoning meets the goals highlighted in the 2030 Comprehensive Plan ■ Provides additional job opportunities ■ Proposed rezoning will allow the current use of the properties to conform to the zoning code requirements Council Action / 60 Day Date City Council Public Hearing — November 8, 2010 City Council 15t Reading— November 15, 2010 City Council 2"d Reading — December 6, 2010 60 Day Date — November 15, 2010 60 Day Extension Date —January 14, 2011 Staff Report Prepared by: Stacy Stromberg ZOA #10-02 & SAV #10-03 REZONING REQUEST Michael Schifsky, who is representing Ashland Inc., is requesting to rezone the property at 7315 Hwy 65 from M-1, Light Industrial to C-2, General Business to allow the redevelopment of this site with a retail user. Staff determined that in order to avoid spot zoning and create a contiguous commercial zoning district in this area the properties to the south should also be rezoned. These properties are 7299 Hwy 65, which is currently a Super America gas station and the vacant parcel to the south of Super America, which is addressed 7201 Hwy 65. These two parcels should also be rezoned from M-1, Light Industrial to C-2, General Business. The gas station use most closely fits in a commercial zoning district. The City has notified the owners of the Super America, who are also the owners of the vacant lot south, that their properties are involved in this rezoning process. VACATION REQUEST The petitioner is also seeking to vacate a portion of 73 %z Avenue, just north of 7315 Hwy 65 to provide additional land area for the redevelopment of the subject property. SITE DESCRIPTION AND HISTORY The property at 7315 Hwy 65 is zoned M-1, Light Industrial and is located in the northeast corner of Hwy 65 and 73rd Avenue. In 1987 a special use permit was issued to allow an automobile service station and as a result, the site was developed in 1987 with the construction of the existing 1,261 sq. ft. building, which at that time was a Rapid Oil Change. In order for the building to be constructed several variances needed to be granted. A variance was granted to reduce the minimum allowable lot area from .75 aces to .54 acres, a variance was granted to reduce the side yard setback on the street side of a corner lot from 35 ft. to 19 ft. on the east and from 35 ft. to 28 ft. on the west, and from 35 ft. to 21 ft. on the north. Variances were also granted to reduce the distance that the edge of the curb opening may be from a street right-of-way intersection from 75 ft. to 26 ft. on the north and from 75 ft. to 55 tt. on the southeast, and to reduce the parking and hard surface setback from a street right-of-way from 20 ft. to 12 ft. on the east and from 20 ft. to 10 ft. on the west. There was also a restrictive covenants placed on the property that restricted development on this site to that of a quick oil change and lubrication service facility ("Use"). Any future re-use of the structure for uses other than that comparable to said "Use" will be subject to City Council approval. Considering this lot has street frontage on all four sides, it wasn't easy to fit this smaller user on such an undersized industrial lot without several of variances being granted. The Super America property at 7299 Hwy 65 is also zoned M-1, Light Industrial and is located in the southeast corner of 73rd Avenue and Hwy 65. When the service station was constructed in 1983, several land use requests were also approved by the City Council. A lot split was granted to subdivide one large lot and create two small lots, which are now, 7201 and 7299 Hwy 65, which in turn allowed for the construction of the Service Road. A special use permit was also approved to allow the construction of the motor vehicle fuel service station and two variances were approved to reduce the lot size requirements and the parking lot setback requirement from an abutting right-of-way. The vacant lot at 7201 Hwy 65 has never been developed. REZONING ANALYSIS The petitioner is seeking to rezone their property at 7315 Hwy 65 NE from M-1, Light Industrial to C-2, General Business. Since the property went on the market in 2007, there has been interest from several retail type users, however because of the current industrial zoning; none of inquiries chose to purchase the site. Over the years, City staff has had several discussions with the property owner about a potential rezoning of the subject property, the Super America property and vacant lot at 7201 Hwy 65. Due to the small lot size of the subject properties, the high visibility, and the ready access to the properties, the petitioner feels that a commercial zoning is the best fit for the subject properties. There are several of these turn-back type parcels within the City, which are those lots along major corridors; that have roadway all around them. All of the other turn-back parcels within the City are zoned some type of commercial with the exception of the ��4� . �� r :�'w F� C� ,�4 r � �� m � � .� SE � �,5�`' � �. ��........:� ��ry�y� subject property, and the Super America property. � � The small lot sizes of these parcels tend to require a commercial zoning and there tends to be more interest from commercial uses to be located along major city corridors. Therefore, a rezoning of these properties is consistent with the trends already seen along the major corridors of Hwy 65 and University Avenue within Fridley. In 2004, the properties at 7101 and 7151 Hwy 65 were rezoned from M-1, Light Industrial to C-2, General Business to allow the current uses within the buildings to conform to code requirements. Most of the uses with the buildings at those two properties are either of a retail or office nature; as a result, it made better sense for them to be zoned commercial rather than industrial. In 1992, the City Council approved a rezoning from industrial to commercial that was request by Ed Stanke, for his property, which is located at 7091 Hwy 65. At that time, he requested a rezoning to better match the existing uses in his building, which were an insurance and marketing office and a diet center. In 1989, the City Council approved a rezoning for 7191 Hwy 65 from M-1, Light Industrial and R-3, General Multiple Units, to C-2, General Business. Currently, this is where Chopper City Sports is located. Over the last 21 years, the City has seen a progression of rezonings along this corridor from Industrial to Commercial, mainly related to the types of users that tend to occupy space along Hwy 65. The proposed rezoning is an extension of that trend. Therefore, rezoning these properties would be consistent with the neighboring properties. The small lot size of the subject properties also tends to necessitate a commercial zoning. The M-1 zoning requires a minimum lot size of 1.5 acres for new plats, while the C-2 zoning requires a minimum of 20,000 sq. ft. None of the subject properties meet the current M-1 lot size minimum, however they will meet the minimum lot size for a commercial zoning. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's 2030 future land use map designates this area as "Redevelopment." This will allow for the potential redevelopment of the Valvoline property and will also allow for the development of the vacant parcel at 7201 Hwy 65 with a retail/office user. VARIANCE HISTORY AND REVIEW As noted above, when the property at 7315 Hwy 65 was developed several variances were granted to meet setback requirements. It would be beneficial for those variances with the exception of the lot size variance to be transferred and applied to the new C-2 zoning designation. Though the City code allows a much smaller lot size in our commercial zoning districts, the setback distance requirements remain essentially the same. The only setback variance that may be eliminated is a north side yard setback requirement, as a result the vacation request. If that vacation is approved, that variance will no longer been needed. Staff would recommend that the Planning Commission note this motion for the variances if the rezoning is approved. Super America currently has a Special Use Permit to allow a motor vehicle service station, which is required in the M-1 zoning district, as well as the C-2 zoning district. It would be beneficial to include, as part of this rezoning request, the transfer of the SUP on this property from the M-1 zoning to the C-2 zoning, to keep this property in conformance. Staff would recommend that again, the Planning Commission note this in the motion, if the rezoning is approved. This property also received variances to allow for the construction of the gas station. The variance for lot size will be eliminated; however the variance for parking setback will need to apply to the C-2 zoning and should be noted. VACATION ANALYSIS The petitioner is also seeking to vacate a portion of 73 %z Avenue north of the Valvoline site at 7315 Hwy 65. When the site was originally developed in 1987, there were several discussions about vacating 73 %z Avenue to provide additional land area for the Valvoline site, which could be used to rearrange the driveway into the lot and for screening purposes. At that time there were also discussions about extending the Service Road north to connect it with the portion of the Service Road by Fireside Drive. The vacation of 73 %z Avenue did not occur because the extension of the Service Road north of 73 %z Avenue would have required a roadway easement from the mobile home park on Onondaga Street and the owners at the time weren't willing to grant the easements. As a result, staff did not proceed with the vacation of 73 %z Avenue. It was stipulated in the 1987 variance, though, that at which time 73 %z Avenue was vacated the petitioner (Rapid Oil Change) would be required to landscape and irrigate the area. The potential buyer for the subject property is a specialty clothing supplier, whose focus is primarily in industrial grade work, western, biker, and law enforcement footwear and apparel. As part of their business, they have two trucks that are used as class and product showrooms. The vehicles travel to �,��. � �'�t-�. regional work places to serve as a showroom for potential clients. When not on a job site, the trucks will be parked on the subject property. While on site, they will be backed up to the north side of the building and will be accessible from within the store to serve as further showroom space and to store goods. Vacating 73 %z Avenue north of the property will provide the potential user the additional space needed to park the trucks as well as provide the visual screening required by City code from the public right-of- way. In order to determine if vacating this portion of 73 %z Avenue would be an acceptable solution for the City to consider, staff contacted all the properties owners who own land along 73 %z Avenue between Hwy 65 and Central Avenue and our Engineering Department conducted traffic counts over a period of three days. We have heard from four of the seven properties owners. Three of them 7�Ri�" AVE11��E 1"+ft�RTFfE'� stated that they didn't have a problem with the vacation and expected that the Minnesota Department of Transportation would at some point in the future further restrict this access anyway. Mr. Schrader, the owner of the property at 1155 73 %z Avenue, which is Carefree Self Storage, called to state that they would be opposed to the vacation. He also submitted a letter, which is attached for your review. The main reason he is opposed is because he feels it limits their access and visibility from Hwy 65 NE. They also wanted to make sure that the Service Road from 73rd Avenue to 73 %z Avenue was a perpetual easement for right-of-way, so it couldn't be vacated. The Service Road is a perpetual easement for right-of-way purposes, so it won't be vacated. It is very typical that right-of-way counts are done over a three day period. The overall counts for the three day time period going westbound (turning right on Hwy 65) on 73 %z Avenue is 291 vehicles. The counts going eastbound on 73 %z Avenue are 129 vehicles. We also did counts on the Service Road, east of the Valvoline property and those numbers were 214 vehicles going southbound and 178 vehicles going northbound. These traffic counts for a three-day time period appear very low for an industrial street. Planning staff is awaiting comments from the Engineering staff on the counts. Staff will share that analysis during the pubic hearing. Vacating the street will provide the business at 7315 Hwy 65 the additional land area needed for future redevelopment. It will also provide a nice landscaped buffer between Hwy 65 and the commercial/industrial businesses to the east. It is inevitable that the Minnesota Department of Transportation will eventually limit this access to Hwy 65 and as a result, the City is trying to be proactive by considering the elimination of this access now, when there is an opportunity to redevelop the property at 7315 Hwy 65. Continuing the Service Road north to connect to the Service Drive near Fireside Drive may be something that the City may look into in the future if the need presents itself, but isn't part of the proposed request. STAFF RECOMMENDATION City Staff recommends approval of the rezoning request for 7315 Hwy 65 NE, with the recognition of the following variances: 7315 Hwy 65 — All variances originally granted under VAR #87-24 ■ To reduce the side yard setback on the street side of a corner lot from 35 ft. to 19 ft. on the east and from 35 ft. to 28 ft. on the west and from 35 ft. to 21 ft. on the north. ■ To reduce the distance that the edge of the curb opening may be from a street right-of-way intersection from 75 ft. to 19 ft. on the north and 75 ft. to 55 ft. on the southeast. ■ To reduce the parking and hard surface setback from a street right-of-way from 20 ft. to 19 ft. on the east and from 20 ft. to 10 ft. on the west. City Staff recommends approval of the rezoning request for 7299 Hwy 65 NE, with the recognition of the following special use permit and variances: 7299 Hwy 65 — Original special use permit granted under SP #83-09. Variances also originally granted in 1983. Special Use Permit to allow the construction of a service station. Variance to reduce the parking and hard surface setback from a street right-of-way from 20 ft. to 11 ft. City staff recommends approval of the rezoning of the vacant parcel, generally located at 7201 Hwy 65 NE. City staff recommends approval of the street vacation request. STIPULATIONS If the street vacation is approved, city staff recommends the following stipulations should be attached. 1. Curb, gutter, and asphalt shall be removed in accordance with the City's Engineering department standards within one year of approval of the vacation request. Removal shall take place between the eastern line that defines the edge of the eastern disabled vehicle lane of Hwy 65 and the new curb radius along east Service Drive and forming the new terminus of 73 % Avenue NE. 2. New curb and guttershall be installed along with fill, irrigation, and sod in accordance with a plan to be approved by City staff, in conjunction with the project described in stipulation #1. 3. Vacated right-of-way shall be landscaped; a plan shall be submitted and approved by City staff within 18 months of approval of the vacation request. 4. The petitioner shall obtain a right-of-way permit from the Minnesota Department of Transportation for work done within the right-of-way. � � CfTY OF FRIDLEY Date To AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 November 2, 2010 William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Vacation Request, SAV #10-03, Ashland Inc. INTRODUCTION The petitioner Michael Schifsky, who is representing Ashland Inc is seeking to vacate a portion of 73 %z Avenue, just north of 7315 Hwy 65 to provide additional land area for the redevelopment of the subject property. PROPOSED VACATION REQUEST When the site was originally developed in 1987, there were several discussions about vacating 73 %z Avenue to provide additional land area for the Valvoline site, which could be used to rearrange the driveway into the lot and for screening purposes. At that time there were also discussions about extending the Service Road north to connect it with the portion of the Service Road by Fireside Drive. The vacation of 73 %z Avenue did not occur because the extension of the Service Road north of 73 %z Avenue would have required a roadway easement from the mobile home park on Onondaga Street and the owners at the time weren't willing to grant the easements. As a result, staff did not proceed with the vacation of 73 %z Avenue. It was stipulated in the 1987 variance, though, that at which time 73 %z Avenue was vacated the petitioner (Rapid Oil Change) would be required to landscape and irrigate the area. The potential buyer for the subject property is a specialty clothing supplier, whose focus is primarily in industrial grade 7��'� ��'�� NoRTN�'1 _ _-- ___ work, western, biker, and law enforcement footwear and apparel. As part of their business, they have two trucks that are used as class and product showrooms. The vehicles travel to regional work places to serve as a showroom for potential clients. When not on a job site, the trucks will be parked on the subject property. While on site, they will be backed up to the north side of the building and will be accessible from within the store to serve as further showroom space and to store goods. Vacating 73 %z Avenue north of the property will provide the potential user the additional space needed to park the trucks as well as provide the visual screening required by City code from the public right-of-way. Additional analysis of this request is attached in the written report. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the proposed vacation request at their October 20, 2010 Planning Commission meeting. After some discussion, the Commission recommended approval. THE MOTION CARRIED UNAMIOUSLY. STAFF RECOMMENDATION City Staff recommends approval of the resolution and attached easement exhibit for SAV #10-03. STIPULATIONS 1. Curb, gutter, and asphalt shall be removed in accordance with the City's Engineering department standards within one year of approval of the vacation request. Removal shall take place between the eastern line that defines the edge of the eastern disabled vehicle lane of Hwy 65 and the new curb radius along east Service Drive and forming the new terminus of 73 % Avenue NE. 2. New curb and gutter shall be installed along with fill, irrigation, and sod in accordance with a plan to be approved by City staff, in conjunction with the project described in stipulation #1. 3. Vacated right-of-way shall be landscaped, including a berm; a plan shall be submitted and approved by City staff within 18 months of approval of the vacation request. 4. The petitioner shall obtain a right-of-way permit from the Minnesota Department of Transportation for work done within the right-of-way. City of Fridley Land Use Application SAV #10-03 October 20, 2010 GENERAL INFORMATION Applicant: Ashland Inc. Michael Schifsky 824 Lakestreet N Prescott WI 54021 Requested Action: Vacate a portion of 73 %z Avenue north of 7315 Hwy 65 Location: North of 7315 Hwy 65 NE Existing Zoning: M-1, Light Industrial Size: 23,528 sq. ft. .54 acres Existing Land Use: Vacant Valvoline Instant Oil Change building Surrounding Land Use & Zoning: N: City Well House & P E: Industrial & M-1 S: Commercial & M-1 W: Hwy 65 & ROW Comprehensive Plan Conformance: Future Land Use Map designates this area as Redevelopment. Zoning History: 7315 Hwy 65: 1949 — Lot is platted. 1987 — SUP granted to allow a service station. 1987 — Several variances granted to allow for the construction of the building. 1987 — Building is constructed. Legal Description of Property: 7315 Hwy 65: Lots 1 and 2, Block 2, Central View Manor Public Utilities: The vacant Valvoline is connected. There are several utilities located within the right- of-way of 73 %z Avenue. Transportation: 7315 Hwy 65 is accessed from the Service Drive & 73 %z Ave. Physical Characteristics: Building, hard surface parking areas, and landscaping. SUMMARY OF REQUEST SPECIAL INFORMATION The petitioner, Michael Schifsky, on behalf of Ashland Inc., is seeking to vacate a portion of 73 %z Avenue, just north of 7315 Hwy 65 to allow for additional land area for the redevelopment of the subject property. SUMMARY OF ANALYSIS City Staff recommends approval of the vacation, with stipulations. �Y �� . .. .,,..5:.:.. � 7�Rt� �1J�`A6l.1� 1�1�##TN�,AS�' Area proposed to be vacated crosshatched above Council Action / 60 Day Date City Council— November 8, 2010 60 Day Date — November 15, 2010 60 Day Extension Date —January 14, 2011 Staff Report Prepared by: Stacy Stromberg ZOA #10-02 & SAV #10-03 REZONING REQUEST Michael Schifsky, who is representing Ashland Inc., is requesting to rezone the property at 7315 Hwy 65 from M-1, Light Industrial to C-2, General Business to allow the redevelopment of this site with a retail user. Staff determined that in order to avoid spot zoning and create a contiguous commercial zoning district in this area the properties to the south should also be rezoned. These properties are 7299 Hwy 65, which is currently a Super America gas station and the vacant parcel to the south of Super America, which is addressed 7201 Hwy 65. These two parcels should also be rezoned from M-1, Light Industrial to C-2, General Business. The gas station use most closely fits in a commercial zoning district. The City has notified the owners of the Super America, who are also the owners of the vacant lot south, that their properties are involved in this rezoning process. VACATION REQUEST The petitioner is also seeking to vacate a portion of 73 %z Avenue, just north of 7315 Hwy 65 to provide additional land area for the redevelopment of the subject property. SITE DESCRIPTION AND HISTORY The property at 7315 Hwy 65 is zoned M-1, Light Industrial and is located in the northeast corner of Hwy 65 and 73rd Avenue. In 1987 a special use permit was issued to allow an automobile service station and as a result, the site was developed in 1987 with the construction of the existing 1,261 sq. ft. building, which at that time was a Rapid Oil Change. In order for the building to be constructed several variances needed to be granted. A variance was granted to reduce the minimum allowable lot area from .75 aces to .54 acres, a variance was granted to reduce the side yard setback on the street side of a corner lot from 35 ft. to 19 ft. on the east and from 35 ft. to 28 ft. on the west, and from 35 ft. to 21 ft. on the north. Variances were also granted to reduce the distance that the edge of the curb opening may be from a street right-of-way intersection from 75 ft. to 26 ft. on the north and from 75 ft. to 55 tt. on the southeast, and to reduce the parking and hard surface setback from a street right-of-way from 20 ft. to 12 ft. on the east and from 20 ft. to 10 ft. on the west. There was also a restrictive covenants placed on the property that restricted development on this site to that of a quick oil change and lubrication service facility ("Use"). Any future re-use of the structure for uses other than that comparable to said "Use" will be subject to City Council approval. Considering this lot has street frontage on all four sides, it wasn't easy to fit this smaller user on such an undersized industrial lot without several of variances being granted. The Super America property at 7299 Hwy 65 is also zoned M-1, Light Industrial and is located in the southeast corner of 73rd Avenue and Hwy 65. When the service station was constructed in 1983, several land use requests were also approved by the City Council. A lot split was granted to subdivide one large lot and create two small lots, which are now, 7201 and 7299 Hwy 65, which in turn allowed for the construction of the Service Road. A special use permit was also approved to allow the construction of the motor vehicle fuel service station and two variances were approved to reduce the lot size requirements and the parking lot setback requirement from an abutting right-of-way. The vacant lot at 7201 Hwy 65 has never been developed. REZONING ANALYSIS The petitioner is seeking to rezone their property at 7315 Hwy 65 NE from M-1, Light Industrial to C-2, General Business. Since the property went on the market in 2007, there has been interest from several retail type users, however because of the current industrial zoning; none of inquiries chose to purchase the site. Over the years, City staff has had several discussions with the property owner about a potential rezoning of the subject property, the Super America property and vacant lot at 7201 Hwy 65. Due to the small lot size of the subject properties, the high visibility, and the ready access to the properties, the petitioner feels that a commercial zoning is the best fit for the subject properties. There are several of these turn-back type parcels within the City, which are those lots along major corridors; that have roadway all around them. All of the other turn-back parcels within the City are zoned some type of commercial with the exception of the ��4� . �� r :�'w F� C� ,�4 r � �� m � � .� SE � �,5�`' � �. ��........:� ��ry�y� subject property, and the Super America property. � � The small lot sizes of these parcels tend to require a commercial zoning and there tends to be more interest from commercial uses to be located along major city corridors. Therefore, a rezoning of these properties is consistent with the trends already seen along the major corridors of Hwy 65 and University Avenue within Fridley. In 2004, the properties at 7101 and 7151 Hwy 65 were rezoned from M-1, Light Industrial to C-2, General Business to allow the current uses within the buildings to conform to code requirements. Most of the uses with the buildings at those two properties are either of a retail or office nature; as a result, it made better sense for them to be zoned commercial rather than industrial. In 1992, the City Council approved a rezoning from industrial to commercial that was request by Ed Stanke, for his property, which is located at 7091 Hwy 65. At that time, he requested a rezoning to better match the existing uses in his building, which were an insurance and marketing office and a diet center. In 1989, the City Council approved a rezoning for 7191 Hwy 65 from M-1, Light Industrial and R-3, General Multiple Units, to C-2, General Business. Currently, this is where Chopper City Sports is located. Over the last 21 years, the City has seen a progression of rezonings along this corridor from Industrial to Commercial, mainly related to the types of users that tend to occupy space along Hwy 65. The proposed rezoning is an extension of that trend. Therefore, rezoning these properties would be consistent with the neighboring properties. The small lot size of the subject properties also tends to necessitate a commercial zoning. The M-1 zoning requires a minimum lot size of 1.5 acres for new plats, while the C-2 zoning requires a minimum of 20,000 sq. ft. None of the subject properties meet the current M-1 lot size minimum, however they will meet the minimum lot size for a commercial zoning. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's 2030 future land use map designates this area as "Redevelopment." This will allow for the potential redevelopment of the Valvoline property and will also allow for the development of the vacant parcel at 7201 Hwy 65 with a retail/office user. VARIANCE HISTORY AND REVIEW As noted above, when the property at 7315 Hwy 65 was developed several variances were granted to meet setback requirements. It would be beneficial for those variances with the exception of the lot size variance to be transferred and applied to the new C-2 zoning designation. Though the City code allows a much smaller lot size in our commercial zoning districts, the setback distance requirements remain essentially the same. The only setback variance that may be eliminated is a north side yard setback requirement, as a result the vacation request. If that vacation is approved, that variance will no longer been needed. Staff would recommend that the Planning Commission note this motion for the variances if the rezoning is approved. Super America currently has a Special Use Permit to allow a motor vehicle service station, which is required in the M-1 zoning district, as well as the C-2 zoning district. It would be beneficial to include, as part of this rezoning request, the transfer of the SUP on this property from the M-1 zoning to the C-2 zoning, to keep this property in conformance. Staff would recommend that again, the Planning Commission note this in the motion, if the rezoning is approved. This property also received variances to allow for the construction of the gas station. The variance for lot size will be eliminated; however the variance for parking setback will need to apply to the C-2 zoning and should be noted. VACATION ANALYSIS The petitioner is also seeking to vacate a portion of 73 %z Avenue north of the Valvoline site at 7315 Hwy 65. When the site was originally developed in 1987, there were several discussions about vacating 73 %z Avenue to provide additional land area for the Valvoline site, which could be used to rearrange the driveway into the lot and for screening purposes. At that time there were also discussions about extending the Service Road north to connect it with the portion of the Service Road by Fireside Drive. The vacation of 73 %z Avenue did not occur because the extension of the Service Road north of 73 %z Avenue would have required a roadway easement from the mobile home park on Onondaga Street and the owners at the time weren't willing to grant the easements. As a result, staff did not proceed with the vacation of 73 %z Avenue. It was stipulated in the 1987 variance, though, that at which time 73 %z Avenue was vacated the petitioner (Rapid Oil Change) would be required to landscape and irrigate the area. The potential buyer for the subject property is a specialty clothing supplier, whose focus is primarily in industrial grade work, western, biker, and law enforcement footwear and apparel. As part of their business, they have two trucks that are used as class and product showrooms. The vehicles travel to �,��. � �'�t-�. regional work places to serve as a showroom for potential clients. When not on a job site, the trucks will be parked on the subject property. While on site, they will be backed up to the north side of the building and will be accessible from within the store to serve as further showroom space and to store goods. Vacating 73 %z Avenue north of the property will provide the potential user the additional space needed to park the trucks as well as provide the visual screening required by City code from the public right-of- way. In order to determine if vacating this portion of 73 %z Avenue would be an acceptable solution for the City to consider, staff contacted all the properties owners who own land along 73 %z Avenue between Hwy 65 and Central Avenue and our Engineering Department conducted traffic counts over a period of three days. We have heard from four of the seven properties owners. Three of them 7�Ri�" AVE11��E 1"+ft�RTFfE'� stated that they didn't have a problem with the vacation and expected that the Minnesota Department of Transportation would at some point in the future further restrict this access anyway. Mr. Schrader, the owner of the property at 1155 73 %z Avenue, which is Carefree Self Storage, called to state that they would be opposed to the vacation. He also submitted a letter, which is attached for your review. The main reason he is opposed is because he feels it limits their access and visibility from Hwy 65 NE. They also wanted to make sure that the Service Road from 73rd Avenue to 73 %z Avenue was a perpetual easement for right-of-way, so it couldn't be vacated. The Service Road is a perpetual easement for right-of-way purposes, so it won't be vacated. It is very typical that right-of-way counts are done over a three day period. The overall counts for the three day time period going westbound (turning right on Hwy 65) on 73 %z Avenue is 291 vehicles. The counts going eastbound on 73 %z Avenue are 129 vehicles. We also did counts on the Service Road, east of the Valvoline property and those numbers were 214 vehicles going southbound and 178 vehicles going northbound. These traffic counts for a three-day time period appear very low for an industrial street. Planning staff is awaiting comments from the Engineering staff on the counts. Staff will share that analysis during the pubic hearing. Vacating the street will provide the business at 7315 Hwy 65 the additional land area needed for future redevelopment. It will also provide a nice landscaped buffer between Hwy 65 and the commercial/industrial businesses to the east. It is inevitable that the Minnesota Department of Transportation will eventually limit this access to Hwy 65 and as a result, the City is trying to be proactive by considering the elimination of this access now, when there is an opportunity to redevelop the property at 7315 Hwy 65. Continuing the Service Road north to connect to the Service Drive near Fireside Drive may be something that the City may look into in the future if the need presents itself, but isn't part of the proposed request. STAFF RECOMMENDATION City Staff recommends approval of the rezoning request for 7315 Hwy 65 NE, with the recognition of the following variances: 7315 Hwy 65 — All variances originally granted under VAR #87-24 ■ To reduce the side yard setback on the street side of a corner lot from 35 ft. to 19 ft. on the east and from 35 ft. to 28 ft. on the west and from 35 ft. to 21 ft. on the north. ■ To reduce the distance that the edge of the curb opening may be from a street right-of-way intersection from 75 ft. to 19 ft. on the north and 75 ft. to 55 ft. on the southeast. ■ To reduce the parking and hard surface setback from a street right-of-way from 20 ft. to 19 ft. on the east and from 20 ft. to 10 ft. on the west. City Staff recommends approval of the rezoning request for 7299 Hwy 65 NE, with the recognition of the following special use permit and variances: 7299 Hwy 65 — Original special use permit granted under SP #83-09. Variances also originally granted in 1983. Special Use Permit to allow the construction of a service station. Variance to reduce the parking and hard surface setback from a street right-of-way from 20 ft. to 11 ft. City staff recommends approval of the rezoning of the vacant parcel, generally located at 7201 Hwy 65 NE. City staff recommends approval of the street vacation request. STIPULATIONS If the street vacation is approved, city staff recommends the following stipulations should be attached. 1. Curb, gutter, and asphalt shall be removed in accordance with the City's Engineering department standards within one year of approval of the vacation request. Removal shall take place between the eastern line that defines the edge of the eastern disabled vehicle lane of Hwy 65 and the new curb radius along east Service Drive and forming the new terminus of 73 % Avenue NE. 2. New curb and guttershall be installed along with fill, irrigation, and sod in accordance with a plan to be approved by City staff, in conjunction with the project described in stipulation #1. 3. Vacated right-of-way shall be landscaped; a plan shall be submitted and approved by City staff within 18 months of approval of the vacation request. 4. The petitioner shall obtain a right-of-way permit from the Minnesota Department of Transportation for work done within the right-of-way. RESOLUTION NO. RESOLUTION TO VACATE A PORTION OF 731/2 AVENUE RIGHT-OF-WAY NORTH OF 7315 HWY 65 NE, WITH APPLICABLE STIPULATIONS AND DEDICATE UTILITY EASEMENTS TO ALLOW FOR THE REDEVELOPMENT OF THE PARCEL AT 7315 HWY 65 NE. WHEREAS, this portion of 73 '/z Avenue is being used as one of three access points that serve the businesses located along 73 '/z Avenue; and WHEREAS, the pro�mity of 73 '/z to the controlled intersection at 73 Avenue and State Truck Highway No. 65 is e�tremely close and at times can be problematic for turning movements required to access 73 '/z Avenue; and WHEREAS, the vacation of that portion of73 '/z Avenue will allow additional landscape and neighborhood enhancing amenities to be planted; and WHEREAS, other access to 73 '/z Avenue is protected through a perpetual easement over the service drive east of the building at 7315 Hwy 65 NE; and WHEREAS, vacation of this portion of the 73 '/z Avenue right-of-way is not intended to vacate any other existing easements currently filed with the Anoka County Recorder's Office: and WHEREAS, EX�IIBIT ONE (attached) documents the public utility easement required by the City of Fridley, Xcel Energy, Qwest, CenterPoint Energy and any other public utilities to be filed at Anoka County as part of this vacation request; and WHEREAS, a public hearing was held on this matter by the Planning Commission on October 20, 2010. WHEREAS, on November 8, 2010, the Fridley City Council approved the stipulations represented in EX�IIBIT TWO (attached) to this resolution as the conditions approved by the City Council on Vacation SAV #10-03; and WHEREAS, the petitioner, Ashland Inc., was presented with EXHIBIT TWO (attached), the stipulations for SAV #10-03, at the November 8, 2010 City Council meeting; NOW, THEREFORE, BE TT RESOLVED that the City of Fridley vacates the following: That part of 73rd Avenue N. E. (now know as 73 '/z Avenue NE) donated and dedicated to the public in CENTRAL VIEW MANOR, according to the recorded plat thereof, Anoka County, Minnesota, which lies westerly of the following described line: Beginning at the northwest corner of the East 40 feet of Lot 2, Block 2, said CENTRAL VIEW MANOR; thence northerly, along the northerly extension of the west line of said East 40 feet a distance of 9.11 feet; thence northerly, northeasterly and easterly 6926 feet along a tangential curve to the right having a radius of 44.00 feet and a central angle of 90 degrees 11 minutes 02 seconds; thence easterly, northeasterly and northerly 19.70 feet along a compound curve to the left having a radius of 13.20 feet and a central angle of 85 degrees 31 minutes 21 seconds to the south line of Block 1, said CENTRAL VIEW MANOR and there said line terminates (shown illustrated in EXHIBIT THREE). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8t'' DAY OF NOVEMBER, 2010. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT ONE A perpetual easement dedicated to the public for utility purposes over, under, and across that portion of 73rd Avenue, now known as 73 '/z AVEN UE NE, CENTRAL VIEW MANOR, Anoka County, Minnesota, described as follows: That part of 73rd Avenue N. E. (now know as 73 '/z Avenue NE) donated and dedicated to the public in CENTRAL VIEW MANOR, according to the recorded plat thereof, Anoka County, Minnesota, which lies westerly of the following described line: Beginning at the northwest corner of the East 40 feet of Lot 2, Block 2, said CENTRAL VIEW MANOR; thence northerly, along the northerly extension of the west line of said East 40 feet a distance of 9.11 feet; thence northerly, northeasterly and easterly 6926 feet along a tangential curve to the right having a radius of 44.00 feet and a central angle of 90 degrees 11 minutes 02 seconds; thence easterly, northeasterly and northerly 19.70 feet along a compound curve to the left having a radius of 13.20 feet and a central angle of 85 degrees 31 minutes 21 seconds to the south line of Block 1, said CENTRAL VIEW MANOR and there said line terminates. EXHIBIT TWO SAV #10-03 Street Vacation Stipulations 1. Curb, gutter, and asphalt shall be removed in accordance with the City's Engineering department standards within one year of approval of the vacation request. Removal shall take place between the eastern line that defines the edge of the eastern disabled vehicle lane of Hwy 65 and the new curb radius along east Service Drive and forming the new terminus of 73 '/z Avenue NE. 2. New curb and gutter shall be installed along with fill, irrigation, and sod in accordance with a plan to be approved by City staff, in conjunction with the project described in stipulation #1. 3. Vacated right-of-way shall be landscaped, including a berm; a plan shall be submitted and approved by City staff within 18 months of approval of the vacation request. 4. The petitioner shall obtain a right-of-way permit from the Minnesota Department of Transportation for work done within the right-of-way. EXHIBIT THREE s... a, �.�:x. ,. .,..w,.� �s�:�e:. �� a�zc? av�rau� nr�r�rar�asx �-- — — _ _ � � � � , , uu� � � � � �,�,��,� ; YAt.� � 1FtSFAd�.7F tell. {7t�,.�. �.3�-��,L.� � � CffY OF FRIaLEI' DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 November 4, 2010 Wlliam W. Burns, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director/City Engineer Development Agreement for Faulkner Construction, MP #10-01 (Olivia Grove) INTRODUCTION On May 10, 2010, the City Council considered and approved a master plan request, MP #10-01 by Jim Faulkner of Faulkner Construction. The purpose of the master plan was to allow the construction of an assisted living and memory care facility on the parcels located at 6352 Central Avenue and 1271 East Moore Lake Drive. A change to the development agreement has been made to further protect the City and to recognize a condition that presented itself as the project moved forward. Much work has been done by both the developer's engineer and by the City's engineering and utility staffs to protect the sewer line and to work now within the new confines that were created by an important existing sewer pipe and its relationship to a new building nearby. The developer modified his building footprint by moving a portion of the building 8 feet east. They also put in a manhole labeled Manhole #1 on their plans they submitted. This manhole allows future access to that existing portion of the line that they did not move. This addition is a benefit to the overall sewer system. At its closest point the new building will be 8 feet from the sewer line. The majority of the building however is 15 feet or more from the line. For future protection, the City has asked the developer to agree to terms in a revised development agreement that assure that they recognize the City may need to get in to this area of sewer line at some point in the future and if so, any damage to the building will not be the responsibility of the City, since the building does sit closer than the City would prefer for safe trenching. The developer has agreed to indemnify the City in the event the building is damaged provided the City uses standard construction industry practices. Fritz Knaak has reviewed the matter and concurs with the proposed language underlined in the attached development agreement. RECOMMENDATION Staff recommends approval of the attached revised development agreement as submitted. DEVELOPMENT AGREEMENT THIS AGREEMENT, made this day of , 2010, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and James Faulkner, Chief Manager on behalf of Fridley Assisted Living, LLC, developer, (hereinafter collectively called the "Developer") WHEREAS, The Developer has made application to the City Council for the approval of a master plan amendment for two parcels of land, the "Property" within the corporate limits of the City legally described as follows: Lots 2 and 3, Block 1, Herwal Rice Creek Terrace, subject to easements of record. Lot 5, Block 1, Herwal Rice Creek Terrace, subject to easements of record (the "Project"). WHEREAS, the City Council, by resolution # , adopted 2010, granted Developer's master plan amendment request for the Property located at 6352 Central Avenue and 1271 East Moore Lake Drive, to allow the construction of an assisted living and memory care facility on the condition that the project is developed according to the Site Plan A1, dated May 4, 2010 and Elevations A3.1 and A3.2, dated May 4, 2010, (See Exhibit C) and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit A) and in accordance with the Public Improvement Checklist (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. DESIGNATION OF IMPROVEMENTS. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements". Improvements to be installed by the City and financed through assessment procedures are hereinafter referred to as "Public Improvements". 1 2. DEVELOPER'S IMPROVEMENTS. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: A. The Developer shall retain a licensed professional engineer to design and submit plans for approval by the City Engineer of all public and private site, street, and utility improvements. The Developer shall be responsible for all costs to design, permit, construct, inspect, and administer the improvement contract and be required to escrow funds as surety as listed in Exhibit B. Public Improvements including sanitary sewer main shall be on a separate set of plans from the private improvements to allow the City to inspect and approve the public improvements as a City project. All plans, original survey information, and record drawings shall be provided to the City in an AutoCAD compatible electronic format. B. The Developer shall construct all site grading (unless otherwise determined and approved by City Engineer), common greenway and open spaces, storm water storage ponds and surface drainage ways including sodding of boulevards, in accordance with an approved grading, drainage and erosion control plan. A grading plan with maximum two-foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. The Developer shall be required to provide finished (sodded) elevation stakes and hubs for all drainage areas and any other areas as required by the City Engineer. C. The Developer shall control soil erosion insuring: All development shall conform to the natural limitations presented by the topography and soil of the Property in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be permitted by the City of Fridley, Rice Creek Watershed District, and the Minnesota Pollution Control Agency prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for re-spreading over the developed area and also seeded, mulched, and disk anchored. The topsoil shall be restored to a depth of at 2 least four (4) inches. D. Upon issuance of a building permit, the Developer is responsible to notify the contractors and individual owners within the project that they assume and are responsible for erosion control, including sodding of boulevards, seeding or sodding of the front and side yards of all lots and protection of water and sewer services. Such notification shall not relieve the Developer of the responsibility for such items as required under this agreement. Any violation will be cause for red tagging the site by the City Building Official, or designee, and all inspections will cease until corrected. E. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. F. The Developer shall make all necessary adjustments to valves, curb stops, and other structures to bring them flush with the topsoil (after grading). G. The Developer shall remove and/or treat all dead or diseased trees (as determined by the City Forester) before building permits will be issued. Burying or burning of trees or construction debris is not permitted on the site. Trees, tree stumps, or construction debris shall be removed from the lots. The Developer shall mow all tall grass and weeds on the lots and boulevard areas periodically throughout the season or as required by the City. Performance shall be guaranteed by the financial guarantee recited herein. H. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassible, such streets shall be barricaded and closed after obtaining permits with the City of Fridley. Performance shall be guaranteed by the financial guarantee recited herein. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional and Local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. The Developer shall make provisions that all gas, telephone, cable television (if available) and electric utilities shall be installed to serve the project. K. Estimated cost of Developer's improvements, description and completion dates are as listed in the Attached Exhibit B. Furthermore, Developer shall be responsible for all of the development costs and fees outlined in the Stipulations listed in Exhibit A, attached hereto and made a part hereof. L. Construction of Developer's Improvements: Construction. The equipment shall be in approved by the City. construction, installation, materials and accordance with the plans and specifications 2. Inspection. All installation of Public Improvements shall require approval of materials submitted and onsite inspection by the City Engineer and his designee(s) prior to 1) their burial or covering, and 2) testing. The City shall be given 24-hour weekday advance notice as to when inspections shall be required and prior to any testing. The developer shall incorporate provisions requested by the City Engineer in their plans and specifications to include materials submittals, notifications, maintenance of systems during construction, etc. The City shall itemize time for personnel, equipment, and consumables used to review submittals and inspect the Public Improvements identified herein. The Developer shall reimburse the City for all personnel, equipment, and consumables associated with review and acceptance of materials and construction of Public Improvements. 3. Easements. The Developer shall dedicate to the City, prior to issuance of a certificate of occupancy, at no cost to the City, all permanent or temporary easements necessary for the continued maintenance of the Developer's Improvements as determined by the City. All such easements required by the City shall be in writing, in recordable form, containing such terms and conditions as the City shall determine. The Developers shall record all said easements with Anoka County and shall pay all costs associated with preparation and recording of easements. The permanent easement for existinq sanitary sewer to be qranted to the City shall provide that should the Citv require access to relocated Manhole No. 1, as shown on Revised Civil Enqineerinq Sheet C2 (revised October 5, 2010) for the proiect, that Developer, or its successors or assiqns, shall be responsible for any damaqe to the structures located on the property resultinq from work performed bv the Citv; provided, that the Citv perform such work in a manner consistent with standard construction industrv practices. 4. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's written final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a surety in the form of a cash deposit, certified check, or Irrevocable Letter of Credit, based on (one hundred fifty (150%) percent of the public improvements plus 3% of the project value for external site improvements) as indicated in Exhibit B. The 4 3 � Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Fridley and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically renewed or replaced not later than thirty (30) days prior to its expiration with a like Letter of Credit. 5. Reduction of Escrow Guarantee. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment of the value of the completed improvements at the time of the requested reduction. The amount of the reduction shall be determined and approved by the City Engineer. M. The Developer shall provide authorized representative t Developer's improvements accepted by the City. a licensed professional engineer or their duly 0 oversee at the Developer's expense the until such improvements are completed and N. When a period of one year has elapsed after the date of the acceptance of the work by the City, the Developer shall contact the City and an inspection by the City Engineer or his representative and the Developer shall take place; and if the work is in good condition, the City shall take official action and release the surety. If it is found by the inspection after one year's use that some of the work and/or materials are defective, such work and/or materials shall be replaced or repaired by the Developer and when the Developer has properly replaced or repaired such defective work and/or materials, the City may then release the surety. PUBLIC IMPROVEMENTS In accordance with the policies and ordinances of the City, the following described improvements (hereinafter collectively called the "Public Improvements"), as referenced in the plans and specifications approved by the City shall be constructed and installed by the Developer: A. Sanitary Sewer Main including piping, manholes, and ancillary elements. RECORDING AND RELEASE. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all portions of the Property. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Project described on Page 1 hereof. City shall provide to Developer upon acceptance of all public improvements a release of such parcel from the terms and conditions of this Development Agreement. 5. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City for all costs incurred by the City including, but not limited, to the actual costs of construction of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of acquisition of necessary easements, if any, and any other costs incurred by the City relating to this Development Contract and the installation and financing of the aforementioned improvements. 6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. No certificate of occupancy will be issued for any structure until all infrastructure is completed according to the City approved plan. No Certificate of Occupancy permit shall be issued for any structure within the Property until the following have been completed: A. A letter from the Developer's engineer certifying the Property has been graded according to the grading, drainage and erosion control plan as approved by the City. The Developer will submit this certification to the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. B. Removal/treatment of all dead, dying or diseased trees, as determined by the City Forester, from the Property at the owner's expense or escrow for any remaining trees that will need to be removed. C. The first lift of street asphalt surface, sanitary sewer, storm sewer and water main, has been constructed, considered operational, and approved by the City Engineer. The Developer will notify the City a minimum of two (2) weeks prior to any Certificate of Occupancy permit being issued. 6 The Developer further agrees that they will not cause to be occupied, any premises constructed upon the Property until the completion of the gas, electric, telephone, cable television (if available), streets to asphalt surface, sanitary sewer, storm sewer and water main, unless the City has agreed in writing to waive this requirement as to a specific premises. Seeding and sodding of the project shall be completed as specified by City Code. Escrowing prior to issuance of the Certificate of Occupancy shall be required for incomplete items. The City Building Official will issue a stop work order for violation of silt fencing and erosion control. 7. CLEANUP. Developer shall immediately clean dirt and debris from streets daily and surrounding properties that have resulted from construction by the Developer, its agents or assigns. Performance shall be guaranteed by the financial guarantee recited herein. The City reserves the right to perform such work as necessary and assess all cost to the developer. The Developer shall be responsible for rubbish blown off the building site. 8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract and acceptance by the City, the Public Improvements as defined in Exhibit B lying within public easements or over public land shall become City property without further notice or action. 9. INSURANCE. Liability Insurance: The Developer shall have secured and maintained such insurance policies as will protect himself, his contractor(s), and unless otherwise specified, the City from claims for bodily injury, death, or property damage 7 which may arise from operations under this contract whether such operations by himself or by a contractor or anyone employed by them directly or indirectly. The policies shall not be for less than the amounts set forth as follows: Workmen's Compensation Insurance Public Liability Insurance Property Damage Automotive Insurance: A. Public Liability B. Property Damage Statutory $2,000,000.00 combined single limit $2,000,000.00 combined single limit $2,000,000.00 combined single limit $2,000,000.00 combined single limit Indemnity: The Developer shall indemnify and save harmless the City of Fridley from and against all losses and claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against him by reason of any act or omission of the said Developer, his contractor(s), his agents, or employees, in the execution of the work. The Developer shall, unless otherwise specified, have maintained and paid for such insurance issued in the name of the City of Fridley, as will protect the City from contingent liability under this agreement, and the City's right to enforce against the Developer any provision of this article shall be contingent upon the full compliance by the City with the terms of such insurance policy or policies, a copy of which shall be deposited with the City of Fridley. The certificate of insurance shall state that the hold harmless agreement is insured. 10. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees. 8 11. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. 12. GENERAL. A. Bindinq Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either party to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Incorporation bv Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this agreement shall be and hereby are made a part of this agreement by reference as fully as if set out herein in full. D. Assiqnment and Third Party Benefits. This development contract cannot be assigned or transferred without the written consent of the City. There is no intent to benefit any third parties and third parties shall have no recourse against the City under this contract. E. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the development contract un-recordable, the Developer shall cooperate with the City in the execution or amendment of any revised development contract. 13. REMEDIES FOR VIOLATIONS OF CONTRACT. In the event the Developer; builder, or any subcontractor violates any of the covenants and agreements contained in this Development Contract and that may be performed by the Developer, builder, or subcontractor, the City, at its option, in addition to the rights and remedies as set out hereunder, may refuse to issue building permits to the Property until such time as such default has been inspected and corrected to the satisfaction of the City. Furthermore, in the event of default by the Developer as to any of the work performed by it hereunder, the City may at its option, perform the work of the Developer and the Developer shall promptly reimburse the City for any expense incurred by the City within thirty (30) days. Failure to do so shall result in the City withholding the letter of credit. If the project is a multi-phase project, the City may refuse to approve subsequent phases if the Developer has breached this contract and the breach has not be remedied. SIGNED AND EXECUTED by the parties hereto on this day of , 2010 DEVELOPER CITY OF FRIDLEY Owner: James Faulkner, Chief Manager ATTEST: Debra A. Skogen, City Clerk By: Scott J. Lund, Mayor 10 EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The property shall be developed in accordance with the architectural site plan A1 dated May 4, 2010. 2. The building elevations shall be constructed in accordance with architectural plan A3.1, A3.2, titled Exterior Elevations, dated May 4, 2010. 3. The petitioner shall obtain all necessary permits prior to construction. 4. The petitioner shall meet all Building code, Fire code, and ADA requirements. 5. The petitioner shall ensure that the proposed monument sign is 10 ft. from the property line and driveway, meets vision safety regulations and shall obtain all necessary permits for signage erected on site. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. The petitioner shall preserve or relocate newly landscaped planter bed on the 1271 East Moore Lake Drive parcel. 8. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 9. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 10. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 11. Stormwater management maintenance agreement shall be filed with the City prior to issuance of building permits. 12. The petitioner shall obtain any required NPDES Permits. 13. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 14. The petitioner shall combine the parcels at 6352 Central Avenue and 1271 East Moore Lake Drive for tax purposes and to allow the proposed development to occur over both lots. 15. If the proposed development is modified to be used for units other than assisted living and memory care units, a master plan amendment will need to be obtained. 16. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to the May 10, 2010, City Council meeting. 11 EXHIBIT B— DESCRIPTION, ESTIMATED COST, AND PROPOSED COMPLETION DATES OF DEVELOPER'S AND PUBLIC SITE IMPROVEMENTS I. Developer's Improvements Estimated Cost Completion 1. Site grading, certification letter, as-builts $ 2,200.00 All work 5-1-11 2. Clearing and Tree Removal $ 6,000.00 3. Drainage and Erosion Control $ 47,000.00 4. Turf Restoration $ 3,000.00 5. Utility Services $ 4,586.00 I. Total Estimated Cost for Developer's Improvements I I. Public Imqrovements Contract Admin $ 62,786.00 Estimated Cost Comqletion 1. Design of Public Improvements $ 7,000.00 All work 5/1/11 2. Permitting of Public Improvements $ 1,000.00 3. Construction of Public Improvements$ 80,000.00 4. Construction Admin., including staking & survey $ 6,000.00 5. Record Drawings $ 2,500.00 6. Easement Preparation and Recording $ 1, 500.00 I I. Total Estimated Cost for C.A. of Public Improvements $ 98,000.00 Security Requirement 3% of item I. Developer's Improvements +150% of item II. Public Improvements = Total Security Requirement $ 1, 884.00 $ 147,000.00 $ 148, 884.00 12 EXHIBIT C- SITE PLAN AND ELEVATIONS APPROVED BY FRIDLEY CITY COUNCIL 13 � � CffY DF FRIDLEY Date: To: From: Subiect AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 8, 2010 November 3, 2010 William Burns, City Manager Scott Hickok, Community Development Director Paul Bolin, Assistant Executive Director of Fridley HRA Set Public Hearina for Housina Replacement Proaram TIF District INTRODUCTION Staff is requesting approval of a resolution calling for a public hearing on adoption of the restated Housing Replacement TIF District Plan for housing replacement district No. 1, including phases I-IV and adoption of phase V for housing replacement district number 1. Simply put, staff is asking the City Council to set the public hearing for the restated housing replacement program. The housing replacement program was reauthorized during the last legislative session as a tool for the City of Fridley to address the number of substandard vacant properties resulting from foreclosures. The program allows the HRA to purchase and demolish substandard properties, sell the lots for owner occupied market rate housing, and recover a portion of the acquisition and demolition expenses by including the parcels in the Housing Replacement TIF District. STAFF RECOMMENDATION Staff recommends City Council approve the attached resolution, setting the public hearing for Monday, December 13, 2010. RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON (A) ADOPTION OF RESTATED HOUSING REPLACEMENT DISTRICT PLAN FOR HOUSING REPLACEMENT DISTRICT NO. 1 INCLUDING PHASES I-IV AND (B) ADOPTION OF PHASE V FOR HOUSING REPLACEMENT DISTRICT NO. 1. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Public Hearing. 1.01. This Council shall meet on Monday, December 13, 2010, commencing at approximately 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following: (a) adoption of Restated Housing Replacement District Plan for Housing Replacement District No. 1 including Phases I-IV (the "Plan") and (b) adoption of Phase V for Housing Replacement District No. 1., all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented. This notice is also pursuant to the original statutory authority provided by Laws of Minnesota 1995, Chapter 264, Article 5, Sections 44 through 47 in which the Housing Replacement District Plan was approved and Housing Replacement District No. 1 was created. This original statutory authority was amended by Laws of Minnesota 1996, chapter 471, article 7, section 22, and Laws of Minnesota 1997, chapter 231, article 10, section 13, and Laws of Minnesota 2002, chapter 377, article 7, section 6, and Laws of Minnesota 2008, chapter 154, article 9, section 19, and Laws of Minnesota 2010, Chapter 216, Section 42. Section 2. Notice of Hearing; Filing of Plans. 2.01. The City Clerk is authorized and directed to cause notice of the public hearing, substantially in the form attached hereto as Exhibit A, to be published as required by law, to place a copy of the Restated Housing Replacement District Plan for Housing Replacement District No. 1 including Phases I-IV and Phase V for Housing Replacement District No. 1 (collectively the "Plans") on file in the City Clerk's office and to make such Plans available for inspection by the public. Passed and adopted by the Council of the City this day of , 2010. MAYOR ATTEST: CITY CLERK Page 2 - Resolution No. CERTIFICATION I, , the duly qualified Clerk of the City of Fridley, County of Anoka, State of Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of , 2010. CITY CLERK EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN THAT the City Council (the "Council") of the City of Fridley, Minnesota, will hold a public hearing on Monday, December 13, 2010, commencing at approximately 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following: (a) adoption of Restated Housing Replacement District Plan for Housing Replacement District No. 1 including Phases I-IV (the "Plan") and (b) adoption of Phase V for Housing Replacement District No. 1., all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented. This notice is also pursuant to the original statutory authority provided by Laws of Minnesota 1995, Chapter 264, Article 5, Sections 44 through 47 in which the Housing Replacement District Plan was approved and Housing Replacement District No. 1 was created. This original statutory authority was amended by Laws of Minnesota 1996, chapter 471, article 7, section 22, and Laws of Minnesota 1997, chapter 231, article 10, section 13, and Laws of Minnesota 2002, chapter 377, article 7, section 6, and Laws of Minnesota 2008, chapter 154, article 9, section 19, and Laws of Minnesota 2010, Chapter 216, Section 42. Copies of the documentation relating to the above proposed actions will be on file and available for public inspection in the office of the City Clerk. The Plan provides that there may not be more than 100 parcels at any time in Housing Replacement District No. 1 and that the property proposed to be included in Phase V for Housing Replacement District No. 1 is described below and is illustrated on the attached map: 23-30-24-23-0152 5825 — 2'/2 Street N E 03-30-24-23-0088 521 Fairmont Street NE All interested persons may appear at the hearing and present their views orally or in writing. BY ORDER OF THE CITY COUNCIL /s/ City Manager (attach map) MMB: 4845-5797-8375, v. 1 � AGENDA ITEM � CITY COUNCIL MEETING OF NOVEMBER 8, 2010 �ffY �F FRIDLEY INFORMAL STATUS REPORTS