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12/06/2010 - 5633� � CITY COUNCIL MEETING OF DECEMBER 6, 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 8, 2010 City Council Meeting of November 15, 2010 OLD BUSINESS: 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #10-02, by Ashland, Inc., for the Properties Generally Located at 7201, 7299 and 7315 Highway 65 N.E.) (Ward 2) .................................................................... 1- 4 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of November 17, 2010 ....................................................................... 5- 13 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2010 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve Consulting Services Agreement between the City of Fridley and GIS Rangers for 2011 ................................................. 14 - 23 4. Approve School Resource Officer Program Agreement between the City of Fridley and Independent School District #14 ..................................................................... 24 - 27 5. Claims ....................................................................................................... 28 - 51 6. Licenses ....................................................................................................... 52 - 53 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. 2011 BUDGET AND PROPERTY TAX PUBLIC MEETING. 7. Presentation of the 2011 Budget for the City of Fridley. OLD BUSINESS: 8. Consideration of Payment of Estimate for Valley Paving for the 2010 Street Rehabilitation Project No. ST2010-01 (Tabled October 25, 2010) ......................................... 54 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 6, 2010 PAGE 3 NEW BUSINESS: 9. Special Use Permit Request, SP #10-11, by Terrence Rothenbacher, Carlson Professional Services, for Columbia Arena Development, LLC, to Convert the Existing Columbia Arena Building into an Independent, Assisted, and Memory Care Senior Living Facility, Generally Located at 7011 University Avenue N.E. (Ward 1) and Resolution Approving Special Use Permit, SP #10-11, for Carlson Professional Services, Generally Located at 7011 University Avenue N.E . ......................................... 55 - 74 10. Variance Request, VAR #10-08, by Terrence Rothenbacher, Carlson Professional Services, for Columbia Arena Development, LLC, to Reduce the Side Yard Setback from 15 Feet to 12 Feet to Recognize the Placement of the Existing Building and to Reduce the Side Yard Setback of a Proposed Future Expansion to be as Close as 14.4 Feet from the Property Line, to Allow for the Conversion of the Building to a Senior Living Project, Generally Located at 7011 University Avenue N.E. (Ward 1) ........................................................... 75 - 84 11. Special Use Permit Request, SP #10-12, by John Fierrier, CSM Properties, to Increase the Lot Coverage Requirement from 40% to 43.3% to Allow the Construction of a Building Addition, Generally Located at 490 Northco Drive (Ward 1) and Resolution Approving Special Use Permit, SP #10-12, for CSM Properties, Generally Located at 490 Northco Drive N. E . ................................................................. 85 - 95 12. Informal Status Reports .................................................................................. 96 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 8, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:31 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak MEMBERS ABSENT: Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Debra Skogen, City Clerk Julie Jones, Planning Manager James Kosluchar, Public Works Director Michael Schifsky, Ashland Inc. BOARD OF CANVASS: Receive and Certify the Statement of Canvass from the General Election of November 2, 2010. Debra Skogen, City Clerk, stated the general election was held on Tuesday, November 2. Councilmembers from Wards 1, 2, and 3 were on the ballot. In Ward 1, Jim Saefke was on the ballot with no opponent. In Ward 2, Dolores Varichak and Pam Reynolds were on the ballot. In Ward 3, Ann Bolkcom was on the ballot with no opponent. Minnesota state law requires the City Council to canvass between the third and the tenth day after the election. Ms. Skogen stated the total number of registered voters on Election Day at 7 a.m. was 15,146. The number registering on Election Day was 987. Registering through the absentee ballot process as non-registered voters were 25. The total number of registered voters was 16,147 at the end of the evening that night. Ms. Skogen stated the number of ballots cast at the polling locations was 9,461. The number of ballots cast by absentee was 508. The total number of ballots cast in the City of Fridley 9,969. The voter turnout for this year's general election was 61.7 percent. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 2 Ms. Skogen stated the total number of votes cast for Councilmember Ward 1 for Jim Saefke was 2,397. The total number of votes cast for Councilmember Ward 2 for polores Varichak was 1,522; and for Pam Reynolds, 1,265. Therefore, Councilmember Varichak was the winner. The total number of votes cast for Councilmember Ward 3 for Ann Bolkcom was 1,964. Councilmember Varichak stated when she added up the numbers for the registered voters, the total was 16,15 8, not 16,147. Ms. Skogen said they can make that correction. However, the total number of votes that were cast and how they were cast and the names of the election judges and the ballots is what they are canvassing. MOTION by Councilmember Varichak to receive an additional sheet of paper provided the City Council on the canvass report of the general election November 2, 2010. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Barnette to receive and certify the Statement of Canvass from the General Election of November 2, 2010. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETING PRESENTATION: Election Update Ms. Skogen stated planning for the election actually began in March because of many changes in the State law and the August primary election date. Ms. Skogen said she prepared a calendar of events from June through December on elections. It included deadlines for legals, the absentee ballot voting period, the election days, pre-registration cutoff, healthcare voting, election judge training and clerk training, testing of equipment and our public accuracy test, and canvassing the results. Ms. Skogen stated they have a test check that they have to mark for each precinct. Some of it is done by hand and some of it is done through the use of the AutoMark In the first four ballots of our test deck they have to actually put the ballots through the AutoMark which is a ballot marker, and the AutoMark actually marks the ballots that then go into the AccuVote. Ms. Skogen stated the County prepares the test decks for the City, and the City has to come up with the same results the County came up with. After that is done, they run two additional tests. They take the machines to the precincts and send the results at each polling location. That way FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 3 they know the modems at each polling place are sending the results and the County is receiving the proper results. Ms. Skogen stated the day before election they have blue boxes provided by the County with some supplies, and the City supplements them with additional supplies. The head judges come in on the Monday before the election, pick up the ballots and the AccuVote in the blue boxes; and secure them overnight. The AccuVote comes into their house; they plug it in and keep it warm. The ballots are usually locked in their trunk and then they take them to the poll on Election Day. Ms. Skogen said there were a lot of people involved in elections—the Secretary of State's office, the County and the City Clerk's office. There are three people who are on the election staff. There were seven individuals who were on the Absentee Ballot Board. Once a day the Absentee Ballot Board would meet and accept or reject ballots. If it was accepted, they would enter the information into the State Voter Registration System. If it was rejected there was a certain period where they could send letter and then eventually call people. Therefore, if their ballot was rejected the day before the election, they were given an opportunity to come and vote on Election Day. Ms. Skogen stated the City had about 183 election judges. We had 27 co-head, head, and assistant head judges. Public Works help set up the ballot boxes, voting signs and the blue voting booths at the various precinct locations. They deliver and pick up the equipment the day before the election and the day after the election. Ms. Skogen stated the day before the election, the head judges are in training learning anything additional they may need. At the same time they are required to do a public accuracy test. Each machine has their test deck gone through by the head judges. They actually do all 13 precincts. Ms. Skogen stated on Election Day they had a few difficulties first thing in the morning, but most of the day was pretty uneventful. They had three precincts that had election equipment difficulties first thing in the morning. They were able to get the machines working. Ms. Skogen stated they did have a challenger at Springbrook, Ward 3, Precinct 1, who they felt was a little disruptive to not only the workers but also some of the voters. Most of the other challengers they had were very good, very polite and did what they asked them to do. Ms. Skogen stated at the end of the night when they are transmitting their results to Anoka County, they tabulate the first tape and work on the summary sheet and bring this to a telephone analog line. They plug in the machine, and the machine walks them through transferring the results. When they are done they take it back and finish the results of the tapes. Ms. Skogen stated the information received and certified by the Canvass Board was provided by the tape from the AccuVote and the summary sheet statistics the judges fill out, and the statistics for the absentee ballots. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 4 Ms. Skogen said Dr. Burns asked her how the legislature had changed from this election. In the Minnesota Senate, there were formerly 46 Democratic senators and 21 Republican senators. Now there are 37 Republican senators and 31 Democratic senators. This year there will be a move, because whoever the majority is offices in the Capitol. In the Minnesota House, 87 house members were Democrats and 47 house members were Republican. Now there are 72 Republicans and 62 Democrats. There are three recounts that may occur in other areas in the State. Ms. Skogen stated the State Canvass Board will meet November 23. The recount will begin November 29 at 9 a.m. all over the State. For the City of Fridley, Anoka County will be conducting the recount, like they did the last time. If anyone is interested in watching it, they can go to the Anoka County Offices at 325 East Main Street in the lobby off of Third Street. The County will be contacting us with further details about the recount. Mayor Lund asked for the timeline after the recount. Ms. Skogen stated the deadline for the recount is December 7 according to the Secretary of State. They plan to start canvassing on December 8. The information says, State Canvass Board meetings, so it looks like they might be having several, December 8, 9, and 10, and 14. Councilmember Barnette asked about how much it cost to conduct a general election for the residents of Fridley. Ms. Skogen replied between $15,000 to $17,000, because they hire more election judges, and that is the biggest cost. Councilmember Barnette asked if there was any cost to the City of Fridley for the recount. Ms. Skogen replied, for salaried employees like herself there is no extra fee. If there was overtime it would be provided, but it is usually done during the workday. If they need extra people and election judges helped, the City would pay them. Dr. Burns asked if they have to replace the voting machines, are they looking at $60,000 to $70,000. Ms. Skogen replied, she thought they were looking at closer to $90,000. From what she understands, the equipment has to be certified both at the federal and state level. She said the thought they would explore to see what was out there next year. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 25, 2010 APPROVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 5 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of October 20, 2010 Councilmember Varichak pointed out on page 6 of the minutes, "Mr. Schiff's" should be "Mr. Schifsky." RECEIVED AS CORRECTED. 2. Resolution Authorizing the Changes in Appropriations for the 2010 Budget for January through October, 2010. William Burns, City Manager, stated these changes come about as a result of unexpected revenues and expenditures. General Fund expenditures and offsetting revenues amount to $56,115. The revenues include state and federal grants, donations, and revenues from the sale of property. The largest of the expenditures is a Police Department expenditure of $14,202 for Operation NightCap (our DWI Saturation Campaigns). The next largest item is $13,623 for POST training (police officer training). Other General Fund revenues and expenditures are listed in the agenda. Dr. Burns stated the Springbrook Nature Center changes amount to $41,725. The largest of the expenditures was $34,840 for the SPRING project study. The study was funded through a donation by the Springbrook Foundation. Dr. Burns stated the Capital Improvements Fund change amounts to $5,909. All of this is for the Innsbruck Trail project which is grant funded. Staff recommends Council's approval of these budgetary changes. ADOPTED RESOLUTION NO. 2010-81. 3. Resolution Approving and Authorizing Signing an Agreement with Police Officers of the City of Fridley Police Department for the Years 2010 and 2011. William Burns, City Manager, stated this agreement was reached after many hours of work by staff and the Union representing the Police Patrol. It applies retroactively to January 1, 2010, and expires December 31, 2011. The agreement provides for a 0 percent wage adjustment for the first ten months of 2010 and a market wage adjustment of $.40 per hour beginning in November of 2010 through 2011. The cost of the adjustment is $5,114 for 2010 and $34,485 for 2011. Dr. Burns stated other terms of the agreement include the following changes: 1. The Union agrees to a two-year suspension of vacation sell-back. 2. The Union agrees to reduce tuition reimbursement by 50 percent through limiting eligibility to those currently enrolled in college courses. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 6 3. The Union agrees with the City's request to limit the choice of remedy for disciplinary actions to a single rather than multiple remedies. 4. The City agrees to provide prorated field training officer compensation for less than a full 12-hour shift assignment (previously established in a 2008 memorandum of understanding). 5. The City agrees to raise the rate we charge private entities for "extra duty" overtime to twice the employees' base rate of pay. 6. The Union agrees to accept the City's non-union contribution to health insurance. Dr. Burns stated staff has agreed to these terms and recommends Council's approval. ADOPTED RESOLUTION NO. 2010-82. 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. William Burns, City Manager, said staff is asking Council to set the public hearing date for a re- stated Housing Replacement Plan. This program enables the HRA to purchase and demolish substandard properties resulting from foreclosures. The vacant parcels are then sold for market rate housing. The TIF collected on the new structure is used to reimburse the HRA for at least a portion of its acquisition and demolition expenses. Staff recommends that Council's approval. ADOPTED RESOLUTION NO. 2010-83. 5. Resolution Authorizing New Grant Fiscal Agent/Administration for Minnesota Department of Public Safety Traffic Enforcement Projects. William Burns, City Manager, said this resolution recognizes the City of Blaine as the new fiscal agent for grant funds used to support the Anoka County DUI Nightcap Grant Program. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2010-84. 6. Claims (148326 — 148487). APPROVED. 7. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the consent agenda. Seconded by Councilmember Varichak. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Barnette to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. 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). MOTION by Councilmember Barnette 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. Scott Hickok, Community Development Director, stated the petitioner is Michael Schifsky. He is requesting to rezone the property at 7315 Highway 65 from M-1, Light Industrial, to C-2, General Business, to allow the redevelopment of this site with a retail user. The petitioner is also seeking to vacate a portion of 73'/z Avenue just north of 7315 Highway 65. This would provide additional land for the redevelopment of the subject property and present a nice end cap for the overall area. Mr. Hickok stated staff determined that in order to avoid spot zoning and to create a contiguous commercial zoning district, the properties at 7299 Highway 65 which is currently a SuperAmerica gas station and the vacant parcel just south of SuperAmerica which is addressed as 7201 Highway 65 should also be rezoned from M-1, Light Industrial, to C-2, General Business. This is consistent with our Comprehensive Plan that shows this area as redevelopment. Mr. Hickok stated as a bit of history regarding 7315 Highway 65, in 1987 a special use permit was issued to allow an automobile service station; and the site was developed with the construction of the existing building which at that time was a Rapid Oil Change. In order for the FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 8 building to be constructed, several variances needed to be granted including a lot size and then setback variances to the building and parking areas. They want to make sure that is an important part of the record because the variances carry forward but for the lot size. The lot size variance disappears with this because in the commercial zoning this lot meets the minimum standard. It did not as an industrial site. Mr. Hickok stated when the SuperAmerica station was constructed in 1983, there was a lot split to subdivide one large lot and to create the two small lots which are now 7201 and 7299 Highway 65, which allowed for the construction of the service drive between the two. As they know, pulling the intersection of the Service Drive back from the main intersection of Highway 65 and 73rd Avenue is a critical piece because you do not want the service to be too close to that maj or intersection and that was done at that time. Mr. Hickok stated a special use permit was also approved to allow construction of the motor vehicle fuel service station, and two variances were approved to reduce the lot size requirement and parking lot setback requirements. Again by rezoning this it not only better fits the current use and potential future uses, but it also makes the lot size variance issue go away because these sites will now meet the minimum standard for C-2, Commercial District. Mr. Hickok said since the Valvoline property went on the market in 2007, there has been interest from several types of retailers. Since the current zoning is Industrial, none of those inquiries came to the point of a purchase. Over the years, City staff has had discussions with the property owner about the potential rezoning of the subject property, the SuperAmerica property, and the vacant property to the south. They had even encouraged SuperAmerica to come through as a joint applicant at the time. Although they did not sound strongly opposed to it, it is something that staff initiated because they did not join together in the application. Mr. Hickok stated because of the small lot size, the high visibility, and the ready access to the properties, a commercial zoning is the best fit for the subject properties. A representative of SuperAmerica appeared at the Planning Commission meeting and stated they were okay with the City putting them on for a rezoning. Mr. Hickok stated there are several of these types of "turn-back" parcels within the City. Those are lots that were created by pulling that frontage road back from the main intersection, which creates kind of a teardrop parcel. All the other turn-back parcels within the City are zoned for some type of commercial. Mr. Hickok stated in 2004 the properties at 7101 and 7151 Highway 65 were rezoned from M-1 to C-2. In 1992 the rezoning was approved from Industrial to Commercial for the property at 7091 Highway 65. In 1989 City Council approved the rezoning for 7191 Highway 65 (Chopper City Sports) and that was from M-1 to R-3 and R-3 to C-2, General Business. All these rezonings were approved to better match the uses of retail/office with the zoning. Mr. Hickok stated over the last 21 years the City has seen a progression of rezonings along this corridor from Industrial to Commercial. The proposed rezoning is an extension of that trend. Therefore, the rezoning of these properties would be consistent with the neighboring properties. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 9 Mr. Hickok stated several variances were granted to meet setback requirements when the property at 7315 Highway 65 was developed. It would be beneficial for those variances, with the exception of lot size variances, to be transferred and applied to the new C-2 zoning destinations that would enable folks to move ahead and do what they need to do on the properties without going through the variance again for an existing complex in most cases. Mr. Hickok stated SuperAmerica currently has a special use permit to allow motor vehicle service stations which is required in the M-1 zoning district as well as the C-2 zoning districts. The setback variances also were granted to allow construction of a building. It is beneficial to bring those forward. Mr. Hickok stated regarding the vacation of 73'/z Avenue, north of the Valvoline site, when the site was originally developed in 1987, there were several discussions about vacating 73'/z at that time. It would provide additional land area for the Valvoline site which could be used to rearrange the driveway into the lot and for screening purposes. In 1987, there were also discussions about extending the Service Road north to connect with the portion of the Service Road by Fireside Drive. The vacation of 73'/z Avenue did not occur in 1987 because the extension of the Service Road north would require a roadway easement from the mobile home park on Onondaga Street, and the owners at the time were not willing to grant any such easements. Mr. Hickok 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 throughout the region to work places to serve as a showroom and a sales floor basically for their potential clients. When they are not on the job sites, the trucks would be parked on the subject property, on the north side of the building. Vacating 73'/z Avenue would provide additional space needed and also provide an opportunity as discussed in 1987 for screening the vehicles at that location. The City's Engineering and Public Works staff have discussed this. Trees for screening over a vacated 73'/z Avenue would not be a good idea. There is just an enormous amount of utilities in that roadway. The City would maintain an easement over that, and there would be a berm and shrubs as screening. Mr. Hickok stated 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 property owners who own land along 73'/z Avenue between Highway 65 and Central Avenue. The City's Engineering Department conducted traffic counts over a period of three days as well. Staff has heard from four of the seven property owners. Three of them stated they did not have a problem with it being vacated and expected that MnDOT would eventually take the access. The opponent to the vacation is a gentleman by the name of Mr. Schrader. He is the owner of the property at 1155 73'/z Avenue which is the Carefree Self Storage. He called to state he would be opposed to the vacation. He stated the main reason is because he feels it limits their access and visibility from Highway 65. He also wanted to make sure that the Service Road from 73 Avenue to 73'/z Avenue was a perpetual easement for right-of-way so it could not be vacated. It is a perpetual easement and it could not be vacated without a public hearing. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 10 Mr. Hickok stated it is very typical that right-of-way counts are done. Roadway counts are done over a three-day period. Staff took the counts for 73'/z Avenue. There were 291 westbound turning right onto Highway 65; 129 eastbound coming in from Highway 65; and there were 214 southbound and 198 northbound on the Service Road. These counts are extremely low as an industrial street. Mr. Hickok stated vacating the street would provide the business at 7315 Highway 65 the additional land area needed for future redevelopment. It will also provide a nice landscape buffer between Highway 65 and the commercial and industrial businesses to the east. It is inevitable that at some point MnDOT will limit this access to Highway 65. 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. For example, in this vacation, as one of the stipulations, they will be asked to take out the asphalt and replace with curbing approved by Engineering. They would have topsoil, irrigation, and turf put in. It would be a nice finish to a vacated roadway. It would not just simply have the barricade saying the road is closed Mr. Hickok stated during the Planning Commission meeting, they heard a comment from Chris Clos of A-Aabco who inquired about the possibility of vacating all of 73'/z Avenue and constructing a cul-de-sac to allow those businesses that only have access to 73'/z Avenue to retain that access. Staff analysis concluded that while his suggestion is possible, a formal application and analysis would be required, and at this time, it is not being considered. Mr. Hickok stated on October 20, 2010, the Planning Commission held its public hearing and, after some discussion, recommended approval of both items with no stipulations on the zoning; and four stipulations for the vacation. Again, making those variances carry forward is an important part of what is being requested at this time; and they want to make sure that record remains and that those carry through. Staff recommends concurrence with the Planning Commission. Councilmember Varichak asked whether the retailer would stay in the same facility. Mr. Hickok replied they would stay in the same facility. There is an 800-square foot addition being proposed on the south side of the building to give them more of a storefront entrance. Other than that, the principal building would remain there. Councilmember Varichak asked if there was any soil damage or hazardous waste at that facility that needed to be corrected. Mr. Hickok replied, from what he understands in talking with them, even though this is a bit different than a motor fuel operation where they had underground tanks, any time there is a petroleum product that is being dispensed on-site, there is at least cause for a Phase I in the sale of the property and, if anything showed up there, then additional examinations or a Phase II would likely be required. There is no known contamination at this time. However, in order for banks to be comfortable, they go through a process. Councilmember Varichak asked if the trucks parked at that facility would be on pavement. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 11 Mr. Hickok replied yes. While they are on-site, they are going to modify the building so there will be an opening on the north side of the building where there are doors right now. They will basically frame it in, probably brick it in to match the building, and then have a sleeve that is tight around the truck when it backs in; and they will have an opportunity for that to be a showroom for the store. While the trucks are there on site, they will basically be backed in and plugged into the building; and there will be steps on the inside where people can go in and shop for their shoes. Basically that becomes the shoe department when the trucks are there. Councilmember Varichak asked whether there is any cost to rezone the property. Mr. Hickok said Mr. Schifsky and his company have taken on the cost of the rezoning and the vacation application. Those items have a fee of $1,500. Councilmember Varichak asked why this had not been done a while back. Mr. Hickok stated back in 1987 not only did they talk about vacating the street, they actually had a proposed landscape plan. There was also a belief at that time the frontage road should continue all the way up to Fireside. This does not preclude that; it does not say that it cannot happen. It is just not insisting that it does happen. He thinks it will become critical if at some point Fireside only becomes a right-in/right-out and the median is closed, and MnDOT could do that in the future. If that happens, staff would revisit this again. Councilmember Varichak asked if Mr. Hickok had spoken with the property owner who did not want to have this done and explained the situation. Mr. Hickok replied staff received correspondence from them and also had discussions with them. They were concerned about visibility. He thinks in part they probably remembered the landscape plan from years ago and that there were going to be trees there. They were concerned about access in. They quite frankly liked the right-in opportunity that people would have if they were heading north, bringing their truck with their stuff to go to storage, and having that ease of access, in and out. It is not to say they still cannot go up the service drive, but they like it. If they were given the choice, they would say keep it open and let us do that. Staff respects that and hears that, but they also understand that it is a matter of time until that access is going to be closed. At that time, the City will not have a petitioner and an interested party who are going develop this site. Staff thinks it is important to this project to look good and actually to finish up something that was thought to be important in 1987. Councilmember Varichak asked if the petitioner is okay with the stipulations and if staff had spoken with the people opposing this request. Mr. Hickok replied, one of the concerns about the service drive along the east side of the Valvoline building is an easement rather than a dedicated right-of-way. They thought this had the potential of going away at some time in the future. It is a perpetual easement, and it is meant to be dedicated as a roadway. Until both parties would agree that it goes away and there would be public hearings, this would not change. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 12 Michael Schifsky, Ashland Chemical, stated he is in general agreement overall with what has been presented this evening by Mr. Hickok. Mayor Lund asked Mr. Schifsky if he was aware of the stipulations that were recommended. Mr. Schifsky replied he was. Mayor Lund asked if he was okay with them. Mr. Schifsky replied he is overall in general agreement with what has been presented this evening by Mr. Hickok. Mayor Lund stated he is one of the interested property owners in that area. He said he did not have any problems with this project. He asked if they vacate the property and put in curb, landscaping and irrigation, how would trucks get from the driveway when the road is vacated and no longer exists. Mr. Hickok replied they would have a private driveway for them from the new curb that is created. Mayor Lund said the driveway will be put in the vacated portion. Mr. Hickok stated, staff inet with the architects for this project today, and they like the idea of the berms and the shrubs around the new driveway. They think that can be done very well. Mayor Lund said if the zoning changes to commercial is there adequate parking that e�sts on the south side of the building for the employees and customers. Does that meet the City's requirements for the size of the building and the limited parking that is there? Mr. Hickok said it does. It requires nine parking spaces, even with the 800-square foot addition. Right now they have eight parking spaces and there are plans for the ninth stall in the new parking area that will be south of the 800-square foot addition entrance. Mayor Lund stated to Mr. Schifsky it sounds like a lot of their business is out of the show truck. Is there an expectation that since this is a retail operation, people will come in daily to purchase as well? Mr. Schifsky replied he is the seller, not the user. He can only tell him what he knows they are planning on doing. Mr. Hickok replied a big part of their business is industry to industry. Staff learned today that likely during the week the trucks will be gone. On weekends the trucks will be back The store will have weekend hours, and that is when they will be backed in and serve the shoe showroom on site on the weekends. On evenings you may likely see the trucks back there. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 13 Mayor Lund stated at some point is it feasible then with the vacation and adding this extra land here, half of it goes back to the City because they are the adjacent property owner to the north and half of it goes to this property we are speaking about. What is the maximum size of the building to be added onto, the e�sting building plus the 800-square foot extension? How much less visibility would there be? How much can they add on before they get to the maximum footprint of the land? Mr. Hickok replied they can do 40 percent lot coverage in the C-2 District and they will verify that. The building on this lot is relatively small. What is peculiar about this site is a portion of 73rd Avenue is on the property that is owned by Mr. Schifsky's company. Although it looks like such a tiny little postage stamp of a site, it is partly because the lot line goes out into 73rd Avenue and the lot line is on the east side of the Service Road that goes up to serve 73 '/z Avenue. They could still get more building on the site even though it looks like the site is so tiny. The setbacks are from the property line, and there were some variances granted before to allow them to be where they are at. However, it is not impossible to think that there could be some building addition. He is not hearing at least in the near term that is the plan. Frankly, it is a site that seems to neatly house the building that is there but for 800-square feet; they feel that is about as much as they would want to comfortably go on this site. It is going to be to the south, not the north. Also, staff does not think the shrubs will block the view of the Schrader's property. Mayor Lund stated he is mainly concerned how far they could extend any expansion to the north. Mr. Hickok replied, the rear lot dimension as he recalls is 25 feet. They have a little bit of room but not a lot of room. He anticipates there will be an open vista into that lot. Even if they were to expand the little bit they could to the north on this building, it does leave a vista into that Schrader property that he thinks still is very nice for getting a glance of their business and seeing the identifying features of the business before you get past it. Mayor Lund said he thinks Mr. Hickok fairly summarized Mr. Schrader's concerns. Mr. Hickok stated the people at A-Aabco have instructed their drivers always to use 73ra Avenue to get to Old Central. Just as another example and kind of a counter-view for the Schraders' view on this. Mayor Lund stated it certainly makes sense to him to vacate that with knowledge there is still accessibility on basically both ends of 73 '/z Avenue. It would be a lot different scenario if we brought forward in the future the idea of closing off 73 '/z Avenue at the eastern end of it at Old Central Avenue. He knows that was talked about some years back with the HRA with the potential of developing the salvage yards site or combining now. It was an interesting idea Mr. Clos brought up about the cul-de-sac. Mayor Lund stated regarding the Schraders, he has had some discussions with them; and he thinks their concerns ultimately have been fairly addressed although they prefer not to vacate it. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 14 Councilmember Varichak asked if there was any lighting or signage that will be added to the site because it was not in the stipulations. Mr. Hickok replied, it is interesting because meeting with the architects today, they were very careful to understand about what the lighting requirements would be here and also the sign requirements. It needs to be downcast, shielded lighting, with no more than three-foot candles at the property line in terms of light intensity. Councilmember Varichak asked, if this needed to be a stipulation. Mr. Hickok replied, as long as the Code protects us, he thinks they are fine. Councilmember Varichak asked what the size of the parking spaces would be. Mr. Hickok replied they need to meet the commercial standard of 10 x 20 feet. Councilmember Varichak asked for the people who shop in the store, how many are needed. Mr. Hickok replied, based on the footprint of the building, they are required to have nine. They have one other location in South Dakota and believe nine will meet their demands. A couple of customers is very typical for their industry. They matched their experience in South Dakota and felt comfortable that this is a similar market. 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 WAS CLOSED AT 8:47 P.M. 9. Resolution to Vacate a Portion of 73 1/2 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). MOTION by Councilmember Varichak to adopt Resolution no. 2010-85. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 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). FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 15 Mr. Hickok stated since we last discussed this project, much work has been done to protect an existing sewer line on the site while allowing the two buildings to be constructed on the two lots. As work commenced it was clear that further protection would be necessary, and we would need to identify who is responsible for any future damage to the building if the sewer work had to commence. The line is buried deep, approximately 20 feet in the site. The proximity of the pipe ranges from 8 feet from the building to 15 feet from the building. A revised statement in the development agreement has been agreed upon to provide the protection we would need. The concrete around the casting to the manhole is just over 8 feet from the corner of the building in one case. Mr. Hickok stated what the agreement states is that a permanent easement for existing sanitary sewer to be granted to the City shall provide that should the City require access to relocated Manhole No. 1 as shown on the revised Civil Engineering Sheet the developer or its successors or assigns shall be responsible for any damage to structures located on the property resulting from work performed by the City, provided the City performs the work in a manner consistent with standard construction industry practices. Basically what they are saying is they understand they needed to build the building where they built it, but now it is there and if the City needs to get into a pipe that is 20 feet down, there is going to be some added protection that is necessary. However, in the event that cracking happens in the plaster inside the building or something like that as a result of it, they know that is their issue. In this development agreement the way it is worded, it not only says the current developer but its successors or assigns. This has been reviewed by the City Engineer and City Attorney. The language provides the protection that the City sought. Staff recommends Council approve the revised development agreement. Mayor Lund asked if that was the only change. Mr. Hickok replied yes. Mayor Lund asked what is typical for the distance of a utility such as this from a building. James Kosluchar, Public Works Director, stated they actually worked with the developer when they were developing their site plan to provide a 20-foot separation. That is what the City wanted. Unfortunately, because of the constraints of this site, including the improvements on the site to the north that were being adversely affected by their construction because it was so deep, the developer did not want to take on additional risk by constructing too far to the north. Therefore, staff discussed it with them and talked about options for provisions to allow them to move that manhole closer. Typically staff would want a one-to-one. Usually they have shoring in there but, depending on soils because the soils can settle flatter than a one-to-one in a sandy situation. There are lines in closer proximity to buildings that exist in Fridley today. Mayor Lund asked when he talks about 20-feet separation, is he talking about 10 feet either side of the pipe? Mr. Kosluchar replied, they ask for 20 feet either side of the pipe. Mayor Lund stated that would be a 40-foot easement then? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 16 Mr. Kosluchar replied right. Mayor Lund asked if the City knew where the pipes were buried. Mr. Kosluchar replied, absolutely they do. When the contractor arrived and was working the site, the property to the north was being adversely impacted by their excavation and dewatering because there was so much water on the site. This line is well below the water table. Mayor Lund asked with that problem occurring when they were going to start developing the site, did they shift the building. Mr. Kosluchar replied they did a combination of shifting the main line and shifting the building. They accommodated the City where they could to allow another 8-foot shift to the building. The close proximity is just at a point. Basically it is where the manhole lies and a few feet to the north; however, the majority of this line clears that building by 20 feet plus. If the City really had to get in and replace that line, he doubts that he would excavate a hole right next to the building at that point. They would probably do some sleeving or slip lining the pipe if there was an emergency repair required. Mayor Lund asked is there room to move the pipe at some future date if a worst-case scenario happened. Mr. Kosluchar replied in the long term, having that line at that depth in that kind of soils is certainly a liability for the City. The segments that are within the developer's area are generally reconstructed now and should last long into the future, but we do have an additional main to the north that is old. He thinks that it might be prudent for the City to start planning for an alternative route for the sanitary, whether it is relocation of the Rice Creek lift station that is actually on Old Central near Rice Creek and relocation back towards West Moore Lake Drive somewhere or towards Lake Plaza. That is something staff has actually has discussed, and they think it is worthwhile to plan for. Mayor Lund asked Councilmember Saefke if he had any issues or concerns. Councilmember Saefke replied, no, but even though the City does know where the water and sewer mains are, sometimes they wind up in places where you really do not want them to be. Oftentimes especially with the older pipes, they were put in with a certain design on streets and depths, etc. Then when a developer comes in, he may change elevations, and forgets to tell the City or tell his engineers to change the as-builts. Technology has caught up and made life a lot easier because staff can actually locate things a lot better than they could before. He is glad in the previous discussion that there is going to be some forethought for future utility maintenance because so often people forget about the maintenance aspect of things. He is glad to see the developer knows where the sewer main is and is willing to accept and indemnify the City against future damage to their building if and when it would ever have to be dug up. He thinks that technology is also catching up with some of the maintenance problems because now you can line things where before you had to dig them up. He said he does not have a problem with this. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 17 Councilmember Varichak said May 1, 2011, is listed on Exhibit B. She asked if that was for all the items. Mr. Hickok replied yes it was. MOTION by Councilmember Varichak to approve the 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). Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Approve 2011— 2020 Housing Action Plan for the City of Fridley. Julie Jones, Planning Manager, stated the Livable Communities Act fund was established by the State Legislature in 1995; and Fridley opted to participate in that program in 1995 and adopted affordable life cycle and housing goals for the period 1996-2010. The City at that time hired SEH, a consultant, to prepare the housing action plan because much had changed since the 1979 Comprehensive Plan the City had. They had not begun their work at that point of their 1998 Comprehensive Plan. If it further wants to continue to participate in a Livable Communities Act Local Housing Initiative Accounts Grant Program, the City must develop a new Housing Action Plan at this point. Since the City recently updated its Comprehensive Plan which includes a housing chapter, the Metropolitan Council is permitting the City to take that chapter and create it as a stand-alone document as our new Housing Action Plan. Ms. Jones stated the first step in this process is approval of a resolution which the City Council did in August. The next step is to approve and submit a Housing Action Plan for 2011-2020. Staff looked at the Housing chapter of the Comprehensive Plan, and most of that was written and prepared in 2006 and 2007 even though it was just adopted and completed a little over a year ago. Staff looked at it to see if there is there was anything they really needed to change. There were a few things that were outdated references they felt they should modify but in essence wanted to keep the Housing chapter unchanged as much as possible. Ms. Jones stated one of those on the first page references needing to adopt stricter housing maintenance code requirements in the City. The City completed that in 2008. Rather than referring to that as something the City needs to do, they wanted to acknowledge that was something already completed. Also, on page 7 of the proposed Plan, they felt they should modify references to housing values even though they are not proposing to change any of the data in the document, most of that was referenced to 2006 data. Met Council told them that they needed to do this only this past June. Staff changed the reference a little bit there to the housing values to modify current language and keep all the tables and the other data unchanged. Ms. Jones stated staff updated the affordable housing numbers on page 15 of the chapter, however, to adjust for changes that the Metropolitan Council made in the resolution that was approved in August. They had adjusted our affordable housing target goals. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 18 Ms. Jones stated staff updated the HRA program information on pages 18-19 of the Plan to match their current program and how they are currently operating. There is one new program that they have now called the Fridley Foundations Program they wanted reference because that is an important life cycle housing program the HRA has. Ms. Jones stated they also changed the reference to the rental inspection fee amount on page 20 of the Plan because those rates have been changed since that chapter was created. They also refer to the Northstar Station in the present tense. Ms. Jones stated the only action step that was changed was reference to the very successful Fridley Foundations Program the HRA had. That is mentioned in the second action step that includes the various housing programs the HRA has in place. Ms. Jones stated the Metropolitan Council has asked cities to submit their housing action plans by December 1, 2010. Staff recommends Council consider approval of using the City's housing chapter of the 2030 Comprehensive Plan as modified and submit that to the Metropolitan Council as the City's 2011-2020 Housing Action Plan. Councilmember Barnette asked how much it costs for the City to stay in this organization. Ms. Jones replied it is her understanding there really is no cost to the City. There is a targeted amount the City needs to document each year where the City is spending that amount of money towards affordable and life cycle housing goals. With the existing programs the HRA has in place, the City has not had any problems meeting that targeted amount in the past two years. Mayor Lund stated he sees this as a continuation of what Council agreed to do in August. Ms. Jones replied, correct. MOTION by Councilmember Barnette to approve the 2011 — 2020 Housing Action Plan for the City of Fridley. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Reports None. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 19 ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:12 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 15, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Darin Nelson, Finance Director/Treasurer James Kosluchar, Public Works Director Pam Reynolds, 1241 Norton Joanne Zmuda, 651 4th Street PRESENTATION: Snow Plowing Update APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Receiving Report and Calling Hearing on Improvement for Street Rehabilitation Project No. ST. 2011-01. William Burns, City Manager, said Council directed the preparation of a feasibility report for the 2011 street improvement project at their September 13 meeting. Staff subsequently sent notices to 306 property owners and held a meeting with 24 of these owners on September 30. As a result of feedback from property owners in the north commercial area of the project, Council determined to postpone this portion of the proj ect until a later date. Dr. Burns said since the property owners in the Hyde Park area have generally supported the project, staff continues to include this section in next year's street improvement project. Staff recommends Council's approval. If Council approves the resolution, notices will be sent to the property owners. ADOPTED RESOLUTION NO. 86-2010. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 2 2. Resolution Supporting the Improvement to Springbrook Nature Center Associated with the SPRING (Sanctuary Protection & Renewal Into the Next Generation) Project and Supporting the Request to the State of Minnesota for financial Assistance. William Burns, City Manager, said this resolution expresses Council's support for the City's application to the State of Minnesota for financial assistance for the SPRING Project. The City has had some success in past years getting legislative support to include this proj ect in the State's bonding bill. Unfortunately the support did not result in funding. The Springbrook Nature Center Foundation has funded a study that has identified stand-alone portions of the SPRING project and developed cost estimates for each portion. The Fridley Parks and Recreation Department is planning to use this information in filing a 2011 application for funding. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE AGENDA 3. Claims (148490-148583). APPROVED. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE ADOPTION OF AGENDA: Pam Reynolds, 1241 Norton, asked for Item No. 2 to be removed. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item No. 2. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No one from the audience spoke. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 3 OLD BUSINESS: 5. Consideration of Payment of Estimate for Valley Paving for the 2010 Street Rehabilitation Project No. ST2010-01 (Tabled October 25, 2010). MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. James Kosluchar, Public Works Director, said staff is trying to work with the contractor to address the concerns on this project. Staff recommends tabling this item until the December 6, 2010, Council meeting. Councilmember Bolkcom said staff has walked through the areas and MnDOT has affirmed that there are issues in areas that were brought up at the public hearing. Staff is in contact with the contractor and continues to try to resolve the issues. There are solutions to the problems but it is a matter of timing as to when the problems can be corrected. Mr. Kosluchar said a large amount of the work cannot take place this year. Some corrected work needs to be done now but the majority will be held off till spring. Councilmember Bolkcom asked if the problem areas being addressed were the ones removed from the assessments. Mr. Kosluchar said that is correct. Councilmember Varichak asked if staff has been in contact with the residents who called. Mr. Kosluchar answered yes, staff has been in contact with residents via email and phone. There is one email staff is still working on with a resident but all others have been addressed. Councilmember Bolkcom asked if staff was working with the County on County road issues. Mr. Kosluchar answered yes. MOTION by Councilmember Bolkcom to table the consideration of payment of estimate for Valley Paving for the 2010 Street Rehabilitation Project No. ST2010-01 until the December 6, 2010, City Council meeting. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 4 NEW BUSINESS: 6. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #10-02, by Ashland, Inc., for the Properties Generally Located at 7201, 7299 and 7315 Highway 65 NE) (Ward 2). Scott Hickok, Community Development Director, said petitioner 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. To avoid spot zoning and creating a contiguous commercial zoning district, the properties at 7299 Hwy 65 (Super America) and 7201 Hwy 65 (vacant) are also being rezoned from M-1 to C-2. Mr. Hickok said since the Valvoline property went on the market in 2007, there has been interest from several retail type users; however because of the current industrial zoning, the property has not been purchased. Over the years, City staff has had discussions with the property owner about a potential rezoning of the subject property, the Super America property and the vacant lot south. Due to the small lot size, the high visibility, and the ready access to the properties, a commercial zoning is the best fit for the subj ect properties. Mr. Hickok said on October 20, 2010, the Planning Commission held a public hearing for Rezoning Request, ZOA #10-02. After some discussion, the Planning Commission unanimously recommended approval of with no stipulations. They did making note that the 1987 variances should be recognized as part of the rezoning request for 7315 Hwy 65 and that the 1983 special use permit and variance be transferred and recognized on the rezoning request for 7299 Hwy 65. At the November 8, 2010, City Council meeting, a public hearing was held on this item. Staff recommends Council hold the first reading of the ordinance for this item. Councilmember Bolkcom said was not present at the last meeting but viewed the tape. She asked for further explanation of this first reading. Mr. Hickok said that this is a very unique request and may be permitted elsewhere. Staff will be consistent about future requests like this. This is no different than Wal-Mart trucks servicing businesses. The unique feature is there will be a stairway on the inside. During the day they will be selling products out of the truck. Councilmember Bolkcom asked if Walgreens punched out a wall and built a staircase if they could sell seasonal items off the truck. Mr. Hickok answered yes. Councilmember Barnette asked if staff had received any complaints. Mr. Hickok said that no complaints have been received other than what was presented at the last meeting. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 5 MOTION by Councilmember Varichak to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 7. Resolution Encouraging Anoka County Integrated Waste Management to Work with all of its Local Government Units to Explore Operating a Year-Round, Countywide, Centrally Located Recycling Drop-Off. Scott Hickok, Community Development Director, said residents in Fridley have asked for a county-wide recycling drop-off center similar to those available to residents of Hennepin, Ramsey, and Dakota Counties. This effort would offer more convenience in recycling difficult- to-dispose of items, create an alternative to the semi-annual city-wide recycling drop-offs and consolidate drop-off services to do more with less funding. Mr. Hickok said Fridley has a well-run, semi-annual, local recycling drop-off event. Anoka County Integrated Waste already provides drop-off services; there are seasonal compost sites and the year-round household hazardous waste site. Anoka County is reviewing its recycling drop- off services and staff received an invitational letter from County Commissioner Jim Kordiak to evaluate Anoka County's drop-off programs. Mr. Hickok said staff participated in a 20 minute telephone survey in October conducted by Wilder Research. The Environmental Quality and Energy Commission recommendation on November 9 considered a resolution and requested further explanation of the type of materials typically brought to Fridley's "Recycling Drop-offl' events. Staff modified the resolution to include a list of materials brought. Mr. Hickok said after discussion, the Environmental Quality & Energy Commission approved a resolution encouraging Anoka County Integrated Waste Management to work with all of its local government units to explore operating a year-round, county-wide, centrally located recycling drop-off. Staff recommends Council's approval. Councilmember Bolkcom asked if this was just a study format. Mr. Hickok said that is correct. Councilmember Bolkcom asked if the bicycle and construction materials, like wood and concrete from construction projects, could be included in the list of materials that would be accepted. Mr. Hickok said that as part of the study an evaluation of acceptable materials would be done. Councilmember Barnette asked if the City opted in, would it eliminate the City's recycling program. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 6 Mr. Hickok said the City recycling program would still happen, as it is more convenient for residents. Councilmember Varichak asked how long it would take to do the study. Mr. Hickok said he was not sure but knows the County is waiting for our answer. The County wants to know if there is an interest and then will figure out how to make this work with the monies available. Councilmember Varichak asked where residents should go to find out how to get rid of items if they can't wait until the next recycling event. Mr. Hickok said it is best to contact Rachel Harris at 763-572-3594 and she will be able to help residents find a location to take materials. Councilmember Bolkcom asked why paint is not accepted. She went to the hazardous waste drop off site and they told her to take it home and let it dry out and then dispose of the can. Ramsey County has a paint collection and gives residents an opportunity to take recycled paint to freshen up their home. Fridley should look at doing something like that. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-88. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 2. Resolution Supporting the Improvement to Springbrook Nature Center Associated with the SPRING (Sanctuary Protection & Renewal Into the Next Generation) Project and Supporting the Request to the State of Minnesota for financial Assistance. Pam Reynolds, 1241 Norton Avenue, had a few questions regarding this resolution. A year ago Council met about having the consultant look at the process of different phases. When did Council take action to accept a memorandum of understanding? Other cases like the Edward Justice Assistance Grant memorandum of understanding had to be accepted by Council. Mayor Lund did recall the discussion that Council would accept if Springbrook had all monies prior to each phase and the project was broken into three phases. This would allow the construction to start on Phase One and additional phases not to start until money is ready. With increased fees and fund raising, the maintenance cost would be covered in that financial model. Mayor Lund would have to look back at the minutes to see if official action was taken. Councilmember Bolkcom recalled this not being an agenda item but the discussion held at a conference meeting. Mayor Lund said this meeting was held before a consultant was hired to break down the project and make it feasible so they knew what kind of funding was needed before they started FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 7 construction. Springbrook sought out an architect firm to design and create a cost estimate as to what it would take to make the proj ect shovel ready. Councilmember Barnette said there are no City dollars is used for this project. Ms. Reynolds asked if staff time used on this project was tracked and reimbursed. Mayor Lund recalled that the Public Works Director was involved in a group to have oversight of the proj ect but meetings were held during normal business hours. There was only a small amount of staff time spent on the committee group through the selection of an architect so it is not necessary to seek reimbursement from the foundation. The Public Works Director is on salary, not paid by the hour. Councilmember Bolkcom said that originally Council was concerned with staff time as they presented there would be weekly meetings but it ended up just being an hour here or there. William Burns, City Manager, recalled the conversation about staff time but did not remember any direction from Council about being reimbursed. Councilmember Bolkcom said if there was going to be a significant amount of staff time spent on the proj ect it needed to be included in the budget, but it ended up being very minimal. Ms. Reynolds read from the November 16, 2009, meeting minutes a statement saying that if the award went through, no staff time would be extended unless it was reimbursed. Councilmember Bolkcom said that there was a conference meeting since then and Council discussed concerns and the Foundation hired a consultant to figure out what kind of income they would be bringing in and what it would cost. This eliminated the need for extended amounts of staff time. Ms. Reynolds said she had questions about the Foundation. When the Fridley voters approved the special tax levy they were not aware that the Parks and Recreation Department had a desire to turn Springbrook into a Country Club with closed circuit TV, amp theater, etc. There is a big difference between supporting a nature center and a place with all these amenities. $2.SM of tax payer money will be spent to put in a building where weddings or business meetings can be held. This will defeat the concept of a nature center. Ms. Reynolds has done some research on the Foundation and the information available is very limited. The most recent information that could be found was a business document from 2006. She did find a list of Foundation board members from September 2009. As she read through the list, only six out of twenty members on the Board are from Fridley. How does this Foundation have so much control over a city-owned piece of property and why are they calling the shots of what will be built there? Mayor Lund said residents should look at this as a$S.OM gift from the Foundation. If this is not what citizens want in the way of a nature center, why go through with it? Has a study been done on what the people of Fridley want? FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 8 Mayor Lund said Ms. Reynolds should contact or visit the Foundation to address issues directly to the Foundation. To address the first question; did citizens know about this grand plan prior to the levy that was voted on by citizens? They should have, the Foundation already had plans of the SPRING project and put it on hold because of the preliminary budget hearing in 2003. They put it on hold to start up the campaign to save Springbrook The other question was; why does the Foundation have so much clout? Ms. Reynolds seems to think they are driving staff or Council but they do not. They are a very active organization and are all volunteers. The Foundation has a passion about the nature center. They want to make improvements to the front area to accommodate a greater number of people and they will increase the building size three times to where it stands today. This was never a$2.SM project; it has always been a$S.OM project. The state has been matching a$2.SM grant and they would raise the other $2.SM This has grown to a$5.6M project that can be reduced if needed. Councilmember Barnette said it was made very clear to the Foundation that this is a City park. Much of their requests go through the Parks and Recreation Department first. They are not the ones driving this project but do have a passion for what they want to do. We are very careful that no City dollars are expended. The things they are going to do to the nature center are not negative to the nature center. They are looking at doing some things to the entry way to raise funds like rental for weddings and birthdays; bringing in visitors from neighboring communities. The City is making the decisions on what is happening with this proj ect, not the Foundation. Councilmember Bolkcom said some Foundation members could have originally been Fridley residents and then moved out of the city. It is a positive thing to look at other cities to help raise funds. This does bring in people from other communities so it is okay to have people from other communities be a part of the Board. Phase one is to change the green space and to create more of an area for people to go to meditate; handicap persons can walk in the small area and sit down. The energy efficiency of a new building will be huge. The attendance numbers will more than likely be higher because of people struggling to find something to do that does not cost money. Ms. Reynolds said that human intervention will destroy the nature center; why would this addition not destroy the nature center? Mayor Lund said this is for people to use and enjoy and the nature areas will be protected. The nature areas will be managed better to eliminate the destruction that currently happens. Ms. Reynolds wondered how the Foundation will continue covering some of the costs with program revenue and funds from the Springbrook Foundation. She asked if Pumpkin Night in the Park was a Foundation event or a Parks and Recreation event. Where is the separation of organizations? When the Lions rent the facility, where does that money go? Dr. Burns said that Pumpkin Night in the Park is a City function and expenses are paid by fees that are charged to the people who come to the event. The Foundation does have food and beverages for sale and those monies are kept by the Foundation. 147 volunteers and thousands of volunteer hours are spent for Pumpkin Night in the Park. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 9 Ms. Reynolds said during the 2010 legislative session, the SPRING grant went by the wayside because the Governor vetoed the bill. She asked if this is a good time or smart time for non- essential recreational funds. Mayor Lund said this is an appropriate question to ask but it is up to the state legislators to decide what is important. Ms. Reynolds does not agree to spend tax dollars for the regional park for the nature center when there are so many other things that can be done such as plowing the bike paths. Everyone in the City of Fridley would use the bike paths if they were plowed. Mayor Lund said plowing bike paths would come out of the General Fund; it is a totally different funding source. The Springbrook Foundation volunteers raise money and ask for money from legislatures. If the state is going to spend money on improvements, I feel it is my responsibility to ask for bonding money to come to Fridley. Ms. Reynolds asked if people wanted to discontinue or reverse the special tax levy if it would be done through an initiative. Mayor Lund said yes. Joann Zmuda, 651 4th Street, asked if Mayor Lund is a member of the Board at the Springbrook Foundation Mayor Lund answered no, but he does participate in fundraising activities. MOTION by Councilmember Bolkcom to adopt Resolution No. 2010-87. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Informational Status Reports. Councilmember Bolkcom attended the grand opening for the new Fridley Medical Center. This is a beautiful addition to the City. Councilmember Barnette asked when the parking would be finished in that area. Scott Hickok, Community Development Director, said that they hope to complete it yet this year. Councilmember Bolkcom asked for a report to be sent to Council regarding the vacancies on the City's commissions. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 15, 2010 PAGE 10 ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:45 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � CffY OF FRIaLEI' Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 6, 2010 November 22, 2010 William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Second Reading of a 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. PAST COUNCIL ACTION At the November 15, 2010, City Council meeting, the first reading was held for ZOA #10-02. At the November 8, 2010, City Council meeting, a public hearing was held for ZOA #10-02. The City Council evaluated the proposal and requested that a 60-day action letter be sent to the petitioner. Staff has sent the letter as requested. 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 the Council hold the second and final reading of the ordinance to approve rezoning request, ZOA #10-02, from M-1, Light Industrial to C-2, General Business. ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tract or area within the State of Minnesota and the County of Anoka and the City of Fridley and described as: 7315 Hwv 65 NE Lots 1 and 2, Block 2, Central View Manor, except roads, subject to easement of record. 7299 Hwv 65 NE Tract B, Registered Land Survey No. 88, subject to easement of record. 7201 Hwv 65 NE (vacant parcel, PIN #12-30-24-31-0053) Tract D, Registered Land Survey No. 88, subject to easement of record. Is hereby designated to be in the Zoned District G2 (General Business) SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1 (Light Industrial) to C-2 (General Business). SECTION 4. It should be noted that the following variances and special use permit shall remain recorded with the following properties: 7315 Hwv 65 NE Variances 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. 7299 Hwv 65 NE Special Use Permit granted under SP #83-09. Variance also 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6t'' DAY OF DECEMBER, 2010. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 8, 2010 First Reading: November 15, 2010 Second Reading: December 6, 2010 Publication: PLANNING COMMISSION MEETING November 17, 2010 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Jack Velin, Brad Dunham, Marcy Sibel, and Brad Sielaff MEMBERS ABSENT: Dean Saba OTHERS PRESENT: Stacy Stromberg, Planner John Ferrier, CSM Corp. Terry Rothenbacher, Carlson Professional Services Approval of Minutes: October 20, 2010 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING Consideration of a Special Use Permit, SP #10-12, by John Fierrier, CSM Corporation, to increase the lot coverage requirement from 40 percent to 43.3 percent to allow the construction of a building addition, generally located at 494 Northco Drive NE. MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planner, stated the petitioner, John Fierrier of CSM Properties, is seeking a special use permit to increase the lot coverage requirement from 40 percent to 43.3 percent, to allow for the construction of an addition to the existing building, which is located at 490 Northco Drive. The addition will be used for office space. Ms. Stromberg stated lot coverage became a factor when the petitioner submitted a building permit application for the proposed addition. During the review of the building permit application it came to staff's attention that the existing building is already over the 40 percent lot coverage requirement. Expanding the building an additional 1,500 square feet is going to further increase the lot coverage. As a result, staff advised the petitioner to apply for a special use permit. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial, as are the properties to the north, south, west and east. The City of Fridley Public Works Garage, and Locke Park which are zoned P, Public, are also to the south. The business is accessed off of Northco Drive and is south of 73rd Avenue and east of University Avenue. The property was originally developed in 1968 as a manufacturing plant and research and development building. Several additions have been constructed to that original building since 1968. In 1996, the address was changed from 504 73rd Avenue to 490 and 494 Northco Drive. A variance was granted in 1998 to reduce the side yard setback from 20 feet to 5.4 feet to allow an existing loading dock to be enclosed. In 2000, the property was replatted to allow new industrial development. In 2009, a special use permit was issued to allow outdoor storage on the site. The manufacturing building currently has two occupants with two addresses. Carter Day (494 Northco Drive) occupies the northern end of the building, and has been there since 1970. Kwik File (490 Northco Drive) occupies the southern end, and has been there since 1987. Carter Day is the business seeking the special use permit to allow the construction of the building addition. Ms. Stromberg stated the petitioner is seeking a special use permit to increase the lot coverage requirement from 40 percent to 43.3 percent. As stated above, the e�sting building is already over the 40 percent lot coverage requirement at 43 percent. The proposed 1,500 square foot office addition will bring the total lot coverage to 43.3 percent, overall a very small change. However, requesting this special use permit now will bring the property into compliance. Ms. Stromberg stated the Code requires that a special use permit may be granted as long as the property is meeting all other Code requirements. All other Code requirements with the exception of parking are being met. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site after the addition is constructed is 231 parking stalls. The petitioner has stated that they have 128 parking stalls. As a result, they fall short of ineeting the Code requirement by 103 stalls. Last year when the petitioner was going through the special use permit process for outdoor storage, staff inet with representatives from both Carter Day and Kwik File. During that meeting it was determined that Carter Day has 1 shift with a maximum number of employees of 115. Kwik File runs 2 shifts with a maximum of 55 employees there at one time. Between the 2 businesses a maximum of 170 employees would be there at a given time. Carter Day has a parking agreement with the Target Distribution Center to the east, giving them access to 100 more parking stalls. The petitioner has also agreed to proof 134 parking stalls on their site, in the event that additional parking is warranted, the land area is available for them to install the parking. Staff has determined that this is an agreeable solution. Carter Day has been located here since 1970 and Kwik File since 1987. To staff's knowledge parking has never been an issue on this site. Ms. Stromberg stated City staff has not heard any comments from neighboring property owners. Ms. Stromberg stated City staff recommends approval of this special use permit request as an increase in lot coverage for a one story building from 40 percent to 50 percent is a permitted special use in the M-2, Heavy Industrial zoning district, provided all other Code requirements are met, subject to stipulations. Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Any future expansion of the building will require special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The 60-foot no-build zone on the east side of the building shall remain free and clear of any storage for necessary fire protection. 4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Commissioner Sielaff asked regarding the tally of the parking spots, there are 100 they could use from Target and 134 on their property? 2 Ms. Stromberg replied, they currently have 128 stalls. There are an additional 134 parking stalls they are proofing and, if the City determined they are needed, they could stripe them. It is already a hard surface area. Commissioner Sielaff asked, the number of parking stalls total then is over what they need? Ms. Stromberg replied, yes. John Ferrier, CSM Corporation, stated he agrees with the stipulations. Chairperson Kondrick asked if he was okay with the new stipulation added, Stipulation No. 4? Mr. Ferrier replied, absolutely, yes. Commissioner Sielaff asked whether they would use the parking spots from Target before they would add more parking spots? Mr. Ferrier replied, they never had parking issues. Not all parking stalls are ever taken. Rarely do they overflow, but if need be, they would use the Target parking spots first before stripping stalls on their site. Commissioner Sielaff asked, do they occasionally use the parking in the Target lot? Mr. Ferrier replied, occasionally it is used but it usually not from this building. They have another building on the site that sometimes they park there for convenience. Overall it has never been a problem. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sibel. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:10 P.M. Chairperson Kondrick stated it seems pretty cut and dry. He drove by there a couple of times, and they have been in compliance with other things in the past. Commissioner Oquist stated he has no problem. It seems pretty straightforward. Commissioner Dunham stated he felt the same. MOTION by Commissioner Oquist approving Special Use Permit, SP #10-12, by John Fierrier, CSM Corporation, to increase the lot coverage requirement from 40 percent to 43 3 percent to allow the construction of a building addition, generally located at 494 Northco Drive NE with the following stipulations: 1. Any future expansion of the building will require special use permit review. 2. Any future expansion of the building will require a new parking analysis. 3. The 60-foot no-build zone on the east side of the building shall remain free and clear of any storage for necessary fire protection. 4. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING Consideration of a Special Use Permit, SP #10-11, by Terrence Rothenbacher, Carlson Professional Services, for Columbia Arena Development, LLC, to convert the existing Columbia Arena Building into an independent, assisted, and a memory care senior living facility, generally located at 7011 University Avenue NE. Ms. Stromberg stated Terry Rothenbacher, of Carlson Professional Services, who is representing William Fogerty, the owner of the Columbia Arena property at 7011 University Avenue, is requesting a special use permit to convert the existing building into an independent living, assisted living and memory care facility. Ms. Stromberg stated the subject property is located on the east side of the University Avenue Service Drive, south of 73rd Avenue. Columbia Arena was originally constructed in 1968. In 1974, a variance was granted to reduce the rear yard setback from 25 feet to 13 feet to allow the construction of an addition to the building that would allow for an additional sheet of ice. As a result of the variance approval, the addition was constructed in 1975. Several interior modifications have been made to the building over the years. Ms. Stromberg stated before the arena was constructed in 1968, the subject property was zoned M-2, Heavy Industrial. When Anoka County purchased the property and constructed the ice arena in 1968, the property converted to a P, Public Facilities zoning. In 2005, Anoka County sold the property to the Minnesota Youth Sports Association (MYSA). In 2007, MYSA made a development deal with Kraus Anderson on the Columbia Arena property. Krause Anderson in turn sold the arena to a private investor named William Fogerty. Prior to the sale, the MYSA representative asked the City what they saw as future development potential for the site. Staff explained that the site is zoned P, Public Facilities and that zoning will remain as long as the land is publicly owned. Once sold to a private entity, the zoning would revert back to its pre-public status. Ms. Stromberg stated when the properiy was sold to a private entity, the properiy reverted to its M-2, Heavy Industrial zoning. Ms. Stromberg stated in 2009 the subject properiy was granted a rezoning from M-2, Heavy Industrial to R-3, Multi-Family. A preliminary plat, a special use permit for a senior living facility and a special use permit for a medical clinic were also approved at the same time. The development did not end up coming to fruition; however, the rezoning to R-3, Multi-Family still stands. Ms. Stromberg stated the existing Columbia Arena building will be converted into an 84 unit senior living project. Of the 84 units, 36 will be independent units, 31 will be assisted living units and 16 will be memory care units. There will be 1 guest unit as well. There will be a variety of amenities available to the residents, which will include medical assistance, transportation, housekeeping, salon and fitness. The exterior of the building will be remodeled to allow for the construction of a porch in the front of the building and the installation of several windows, dormers, and skylights. Ms. Stromberg stated site improvements will include the removal of the unused existing parking lots and repaving the new driveways that will be used to accommodate the new development. New landscaping will also be installed as well as the potential construction of a storm water pond. There will be a parking 0 lot in front of the building for resident and guest parking, and 18 garage stalls and additional surface parking to the south of the existing building. Ms. Stromberg stated City Code allows independent living, assisted living, and nursing homes as a permitted special use in an R-3, Multi-Family zoning district, provided that Code requirements related to building, site requirements and parking are met. Ms. Stromberg stated as stated above, the petitioner is proposing to convert the existing Columbia Arena into an 84-unit senior living project. The existing building is 69,200 square feet in size. The development will include 36 independent living units, 31 assisted living units, and 161 memory care units. The proposal includes a total of 81 parking stalls, of which 18 of those will be covered garages. Ms. Stromberg stated City Code would require 78 parking stalls for the proposed project based on parking ratios used for independent living, assisted living facilities and nursing homes. The petitioner is providing 81 total parking stalls, with 18 enclosed garage stalls and 63 surface parking stalls, therefore; meeting Code requirements. Ms. Stromberg stated since this project is two stories, the R-3, Multi-Family zoning regulations would require a minimum lot area of 15,000 square feet for four units and an additional 1,000 square feet for each unit over four. As a result, 95,000 square feet in lot area is required for this project. The subject properiy is 615,502 square feet (14.13 acres), so the lot size is well over what our Code would allow for this many units. The petitioner does anticipate constructing an addition to the existing building at some point in the future to allow for additional residential units. As staff understands it, it is also the petitioner's/property owner's hope that eventually there be more development on this site whether that is through additional residential development or medical/retail/office development that is not clear at this time. At which point additional development would occur on this site, the special use permit would need to be amended. Ms. Stromberg stated City code requires that buildings within the R-3, Multi-Family zoning district not exceed 65 feet in height, when measured from grade to the mid-span of the roo£ The existing building and the proposed window/skylight enhancements to the building will comply with that Code requirement. Ms. Stromberg stated the proposed project is in-compliance with lot coverage and all setbacks requirements, except for the east side yard setback (further explained below). Ms. Stromberg stated along with this special use permit request, the petitioner is also seeking a variance from the Appeals Commission to reduce the east side yard setback from 15 feet to 12 feet to recognize the placement of the existing buildings. The petitioner is showing a proposed building addition on the south side of the east building. That addition will also encroach into the side yard setback at 14.4 feet at its closest point. As a result, that variance was also being heard by the Appeals Commission. The Appeals Commission unanimous recommended approval to the City Council at their November 3, 2010 meeting. Ms. Stromberg stated City Staff recommends approval of the special use permit, with stipulations as Independent Living, Assisted Living, Nursing Homes and Homes for the elderly are a permitted special use in the R-3, Multi-Family zoning district. Ms. Stromberg stated staff recommends if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all Building code, Fire code, and ADA requirements. 3. The petitioner shall comply with all sign Code requirements for installation of new signage on the property. 4. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 5. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 6. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7. If the proposed development is modified to be used for units other than, independent living, assisted living and memory care units, a new special use permit will need to be obtained. 8. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Commissioner Dunham stated they are talking about developing more in the future, how much of this is being developed now? There is a lot more room on this property now. They want it zoned all one way now? Ms. Stromberg replied, the entire property would remain zoned, R-3. Everything is zoned R-3 because it is all one lot. The only thing that is being proposed to be redeveloped is the existing building. There is a potential for construction of an addition, but the City does not know when that would happen. Future expansion throughout the rest of the site also is possible. That is why the City is saying when that occurs, it will need to be reviewed through a special use permit. Maybe there is a chance that it will be rezoned to some type of redevelopment or PUD in the future if there is a need for it. However, at this time they are just handling what is in front of them. Commissioner Dunham asked whether there are any issues they suspect that need to be changed going from commercial to residential construction? Ms. Stromberg replied, she believed that their architects are looking into all of that. They say that the building is in really good shape and is conducive to this remodel. Commissioner Velin asked a year ago when they approved the special use permit, it included a design for a path into the park It does not say anything here. Terrence Rothenbacher, Carlson Professional Services, stated actually that was a point taken up by the architects who is remodeling the building. There will definitely be a connection to the park on the south side. They will also leave a strip of the parking lot on the south side for those using the park. They have entered into an agreement with the city. There definitely will be a connection from the building. It is very important to the seniors. It will probably be closer to the front as the back wing right now will be more for memory care. Mr. Rothenbacher stated Ebenezer will be running the proposed development; they do hope that in the future they will create some sort of a campus and have more amenities. Chairperson Kondrick asked Mr. Rothenbacher whether he saw the stipulations and if he had any problems with it? Mr. Rothenbacher replied, not a one. � Mr. Rothenbacher stated, right now they are in the middle of due diligence, meeting with the Watershed, Fridley staff, etc. Pending approval, they would like to start on December 7, 2010. They have a tight deadline with Ebenezer on when they can get it done. Chairperson Kondrick asked when do they plan to have people moving in? Mr. Rothenbacher replied, September or October. Commissioner Oquist asked, will Ebenezer manage the complex? Mr. Rothenbacher replied, yes. Commissioner Oquist asked, will they own it? Mr. Rothenbacher replied, he would guess it will be a combination of Ebenezer and Columbia Arena Development group. Commissioner Dunham asked if they need to stipulate the park trail access? Ms. Stromberg replied, staff has had discussions with the engineers and the property owners as well. She believed it is something they plan to do. However, they certainly can stipulate it. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sibel. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:30 P.M. Chairperson Kondrick stated this is going to be great. Commissioner Velin stated it is very ambitious. Commissioner Oquist stated and they are using the e�sting structure without tearing it down. Mr. Rothenbacher stated regarding the question about the building, they are doing testing and borings and there are certainly some contaminants, such as lead paint, they will have removed. The building is like the Rock of Gibraltar. It is very solid. MOTION by Commissioner Sielaff approving Special Use Permit, SP #10-11, by Terrence Rothenbacher, Carlson Professional Services, for Columbia Arena Development, LLC, to convert the existing Columbia Arena Building into an independent, assisted, and a memory care senior living facility, generally located at 7011 University Avenue NE with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all Building code, Fire code, and ADA requirements. 3. The petitioner shall comply with all sign Code requirements for installation of new signage on the property. 4. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 5. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 7 6. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 7. If the proposed development is modified to be used for units other than, independent living, assisted living and memory care units, a new special use permit will need to be obtained. 8. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 9. The petitioner shall provide a trail for residents to access the park and trail as part of this proj ect. Seconded by Commissioner Velin. 3. Receive the Minutes of the October 7, 2010, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the September 14, 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 October 4, 2010, Parks & Recreation Commission Meeting. MOTION by Commissioner Sibel to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the Minutes of the November 3, 2010, Appeals Commission Meeting. MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated regarding the Valvoline rezoning and vacation, the vacation was approved by the City Council; and the rezoning has had its public hearing before the Council and the first reading. It is set for a second reading on December 6, 2010. Ms. Stromberg stated the next Planning Commission meeting is set for December 15, 2010. ADJOURN MOTION by Commissioner Sielaff 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 7:41 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary � � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 6, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director December 6, 2010 Consulting Services Agreement for 2010 GIS Technical Assistance I,�JI�[�ai�'�►� Attached is a proposed consulting services agreement for GIS services for 2011. GIS Rangers has provided GIS services including data entry and mapping to enable the City of Fridley to analyze and manage data and associated attributes which are spatially referenced. These services are contracted through the Tri-City JPA, with the Cities of Andover, Columbia Heights, and Fridley participating as member cities. The proposed 2011 contract is expanded in hours by approximately 70% from those included in our 2010 contract. You may recall that the 2009 service amount was reduced in half for the 2010 year, due to budget reductions in 2010. We have allocated additional work specific to mapping and database management for our utilities, which will be funded directly from these utilities. Therefore, the general fund allocation for these services is maintained at its 2010 level. In 2009 and 2010, GIS Rangers accommodated us by holding their hourly rates with no increase. In order to maintain the quality services we receive from GIS Rangers and to enable them to retain the best qualified staff, we are moving toward an hourly service schedule as shown in Exhibit A of the agreement. The rates for basic services are held at their previous level. We can accommodate the proposed contract amount of $29,702.00 in our proposed 2011 budget. We have received excellent service and value in the past with this contract. Staff recommends approval and authorization of the proposed contract for GIS services with GIS Rangers of Roseville, MN, for 2011. JPK; jk Attachment CONSULTING SERVICES AGREEMENT This Agreement is made as of , 2010 (the "Effective Date"), by and between GIS RANGERS ("Contractor") and the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri- City." CONTRACTOR and Tri-City are collectively referred to as "Parties" and individually as a "Party." WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: '�:11 1.1 Term. The term of this Contract shall be from January 1, 2011, through December 31, 2011, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR' S OBLIGATIONS 2.1 General Description. Contractor will provide GIS technical assistance to Tri-City which includes the cities of Andover, Columbia Heights and Fridley. Additional work may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 2.3 Limited Warrantv Contractor warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR 1MPLIED, 1NCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY 1MPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. �a6ss�9�i 3. PAYMENT 3.1 Service Fees The Contractor's fees for Services are set forth below (Service Fees"). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse Contractor. Total Service Fees: $78,969.°—° to be allocated as follows: Andover-$34,272.00 Fridley-$29,702.00 Columbia Heights-$14,855.00 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Pavment. All invoices are due within thirty days from the invoice date. If Tri-City disputes any portion of Contractor's invoice, then Tri-City wi1L (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Chan�es to Scope Tri-City shall have the right to request changes to the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change to the scope of the Services will cause an increase or decrease in the Service Fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease by e- mail. Contractor shall not proceed with performance and shall have no obligation to proceed with performance pursuant to any requested change 2 �a6ss�9�i to the scope of the Services by Tri-City unless and until Contractor has received Tri-City's agreement to such increased or decreased Service Fees or time for performance via e-mail. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. 1NDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 7. 1NSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri-City of intent to cancel. 7.2 Covera�e. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following 3 �a6ss�9�i coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inabilitv to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Dutv to Miti�ate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Default. 4 �a6ss�9�i Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11. CONTRACT RIGHTS/REMEDIES 11.1 Ri�hts Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and Contractor. 11.3 Force Majeure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 12. AUTHORIZED REPRESENTATIVE 5 �a6ss�9�i 13 14 15 16 �a6ss�9�i Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: President GIS RANGERS, LLC 2434 Virginia Circle Roseville, MN 55113 Fridlev: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Andover: Director of Public Works/City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Columbia Hei�hts: Public Works Director City of Columbia Heights 637 - 38th Avenue NE Columbia Heights, MN 55421 Except as otherwise provided in Section 3.4 hereof, any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES 1N ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. MERGER AND F1NAL AGREEMENT 16.1 This Contract is the final statement of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no � representations, warranties, or stipulations, either oral or written, not herein contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIlVIS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later o£: (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non-binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non-binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. 18. NON-DISCLOSURE OF NON-PUBLIC, PRIVATE OR CONFIDENTIAL INFORMATION The parties agree that in order to perform its duties under the terms of this Agreement, Contractor will have access to and may use certain information in the 7 �a6ss�9�i custody of the City that would be categorized as private or non-public data within the meaning of Minnesota law. Any such information or data is confidential and, as an essential and necessary part of this Agreement, Contractor agrees not to disclose, use, or otherwise disseminate any such data or information to any other party or entity other than the City. Use of any such information or data by Contractor during the period of this contract shall be exclusively for the purpose of fulfilling it obligations hereunder. Contractor agrees to indemnify the City and hold it harmless from any and all disclosures of such information and data to any other party as a consequence of its actions, which would include the actions of its agents, employees or anyone else that may be acting under its direction or on its behalf. Any such information and data in Contractor's possession after fulfillment of its obligations herein shall be destroyed or returned to the City and Contractor shall retain no copies thereof for any purpose. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR TRI-CITY GIS ORGANIZATION By: _ Title: Date: 8 �a6ss�9�i By: _ Title: Date: By: _ Title: Date: By: _ Title: Date: Exhibit A Contractor shall provide the following services generally described as GIS On- Site Support, including but not limited to: Tri-City Ranger � $35.70 per hour � Field Collection, Data Input, Data Editing, Data Creation, Data Management, Data Updates, Data Sychronization, Mapping, Geocoding, Update GeoMoose Layers, Run reports (CTS, GranitXP), General Maintenance of software, Checkln/Checkout Field data RANGER Analyst � $65.00 per hour � GeoMoose Customization, GIS Software Installation, Data Modelling, Model Builder, ArcPad Forms, CTS technical support, CityWorks Database manipulation RANGER Programmer � $75.00 per hour � Writing Code (HTML, VBSCRIPT), GeoMoose Custom Development (PHP, Javascript), Automation RANGER Project Manager $75.00 per hour Run meetin�s. Demos. Trainin�. Task Mana�ement RANGER IT � $90.00 per hour Software Installation, OS Tech support RANGER Sr. Project Manager $90.00 per hour Advanced Client Relations, Advanced Data Modeling *Outside Expertise � $75-$100 per hour � Advanced Web Programming, Advanced Desktop Programming, Automation *If we do not have the advanced expertise in house we have a network of partners to help us NOTE: This is not a comprehensive list. 9 �26ss�9�i � � �ffY �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF December 6, 2010 William W. Burns, City Manager Donovan W. Abbott, Public Safety Director November 19, 2010 2010-2011 School Resource Officer Contract This memo is written in support of the City's acceptance of the School Resource Officer Contract with Independent School District #14 for the 2010-2011 school term. The School District will pay to the City an amount equal to one half of the salary and benefits for one SRO to be assigned to work in and with Fridley public schools for the nine months of the year that school is in session. The total to be funded by the School District will be $35,540. The funding specified in the previous contract covering the 2009-2010 school term was $33,240. In consideration of the funding amount, the City of Fridley will commit to provide one SRO to Independent School District #14. The Public Safety Director will maintain control over the schedule, assignment and duties of the SRO. It is expected that the one SRO will split their time between the Fridley High School and the Fridley Middle School. The term of the contract is from September until June and is renewable annually. The City of Fridley or the School District may exercise a 30-day cancellation clause at any time. The 2010-2011 School Resource Officer contract is attached and has been signed by Public Safety Director pon Abbott and School Superintendent Dr. Peggy Flathmann. Staff recommends approval of the 2010-2011 School Resource Officer Contract. SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT #14 This agreement is made the day of , 2010, pursuant to M.S. 471.59 by and between the City of Fridley (City) and Independent School District #14 (School District). 1. PURPOSE The City and the School District wish to participate in a School Resource Officer Program. Both the City and the School District agree that a School Resource Officer Program improves understanding and promotes mutual respect between police, school, staff, counselors, parents and students. The purpose of this Agreement is to set forth in writing the terms and conditions of the mutual duties and obligations and to fund the position of School Resource Officer (SRO). 2. FUNDING The School District will fund the following expenses in connection with the SRO: The School District will fund one-half of the salary and benefits for one SRO totaling $35,540 for the 2010-11 school term. This amount shall be based on the assigned officer's salary and benefits for the 4 months in 2010 (September-December) and 5 months in 2011 (January-May). The School District officials and the City of Fridley Public Safety Director shall determine the specific days and hours to be worked under this agreement. 3. SERVICES This City shall provide the services of one licensed police officer and related support services and supplies to assist the School District in establishing a School Resource Officers Program. The officer will have primary responsibility in serving as a resource person to faculty, classroom members and school administrators in the promoting of positive juvenile behavior. The School District agrees to provide adequate office space, telephone and other reasonable clerical support 1 services. Basic assignments will be to the High School and Middle School with occasional support at other facilities as needed. 4. PAYMENT The City shall provide billing to the School District for services provided in this Agreement, and the School District will remit payment to the City on a quarterly basis. 5. TERM This Agreement shall commence on the ist day of September, 2010, and shall end on the last day of the 2010-11 school term. Thereafter, it shall be renewed on a yearly basis by mutual agreement. Either party may cancel this Agreement with a 30 day written notice. 6. GENERAL PROVISIONS It is expressly agreed that the School Resource Officer is a City employee and shall not be considered an employee of the School District for any purpose including but not limited to salaries, wages, other compensations or fringe benefits, Worker's Compensation, Unemployment Compensation, P.E.R.A., Social Security, Liability Insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The City shall assume all liability for the actions taken by the SRO in the performance of his/her duties as a Peace Officer. The SRO will report to and be directed by the City of Fridley Public Safety Director or his designee, but will receive general and daily direction from the assigned school building administrator. Representatives of the School District and the Public Safety Director or his designee shall negotiate resolution of unforeseen problems arising in this program. 7. SCHEDULING The duty hours of the SRO are flexible and will be primarily coordinated with the school day and activities. The SRO will make daily contact with the Police Department for the purpose of keeping abreast of incident reports and other City activity. The SRO may be required to conduct juvenile investigations. During non-school periods, the City will determine the SRO duties and schedule. 8. DISCRIMINATION 2 The City and the School District agree not to discriminate in providing services under this Agreement on the basis of race, sex, creed, national origin, age or religion. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THIS THE DAY OF , 2010. City of Fridley Scott. J. Lund, Mayor Donovan W. 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N cV - N 'E cV � ',�� [/1� O\ mo o� aw um a� �� a� x� r-� � .+ .7 a N � F � .7 .a .�.' .� rS .� no mo mo o.a rlo rlo �o Nd' rn i m i rn i rn� W O 07 O 6] O O] O �o wo a�o �w N rl r1 .i a � N N d' 1' �1' N N N N t i O O O O O O 4 O ,ao �-+o �o �o 0 0 0 o a o 0 0 ry O N 4 N CJ fV O \ \ \ \ ry'-I ry rl ry.-I ry.-I 0 0 0 0 0 0 0� �� \� �� \� � N N cY � .� .� .� � AGENDA ITEM � CITY COUNCIL MEETING OF DECEMBER 6, 2010 ��F LICENSES FRIDLEY TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�: Mana erial Li uor License Shrestha Naveen Cit Clerk India House Police Department Massage Therapy Julie Kempkes City Clerk Police Department