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CCA 03/09/2015 � I! ��ryf CITY COUNCIL MEETING OF MARCH 9, 2015 Fridley The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) WORKSHOP (6:00 P.M.) 1. Stormwater Ordinance 2. Council Feedback CITY COUNCIL MEETING (7:00 P.M.) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 23, 2015 - .......................................................... APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of February18, 2013 ................................................... 6 - 26 2. Claims (167404 — 167559) .......................................................................... 27 - 39 3. Licenses ....................................................................................................... 40 - 43 FRIDLEY CITY COUNCIL MEETING OF MARCH 9, 2015 PAGE 2 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA: PUBLIC HEARING: 4. Consider a Rezoning Request, ZOA#15-01, by Alliant Engineering, Inc., on Behalf of the Property Owners of 5300 and 5400 Central Avenue N.E., to Rezone the Properties from C-3, General Shopping, to C-2, General Business, Generally Located at 5300 and 5400 Central Avenue N.E. (Ward 1) ...................................................................... 44 - 58 5. Consider a Rezoning Request, ZOA#13-02, by the City of Fridley, to Consider Rezoning Property, Legally Described as Auditor's Subdivision 39, from C-2, General Business, to M-2, Heavy Industrial, Generally Located at 3720 East River Road N.E. (Ward 3) (Continued February23, 2015) ....................................................................................... 59 NEW BUSINESS: 6. Resolution Approving Waiver, Release and Covenant not to Sue Regarding Discharge Fees for Property Located at 3720 East River Road in Fridley, Minnesota (Ward 3) ................................................... 60 - 68 7. Special Use Permit Request, #14-07, by TCO Design, to Construct a Comprehensive Home Use in an R-3 Zoning District, Generally Located at 5300 and 5310 Fourth Street N.E.; and Resolution Approving Special Use Permit, SP #14-07, for TCO Design, the Petitioner, on Behalf of A.P. Ventures with Authorization from BRP II, LLC, the Property Owner of 5300 Fourth Street N.E., and Security Bank and Trust, the Property Owner of 5310 Fourth Street N.E. (Ward 1) ....................................................................................................... 69 - 85 FRIDLEY CITY COUNCIL MEETING OF MARCH 9, 2015 PAGE 3 NEW BUSINESS (CONTINUED): 8. Approve Agreement with Hoisington Koegler Group Inc. to Provide Phase 2 Site Improvement Design for the Springbrook Nature Center SPRING Project (Ward 3) ............................................................................. 86 - 96 9. Resolution Designating Load Limits on City Streets in the City of Fridley, Minnesota ....................................................... 97 - 99 10. Resolution in Support of Legislation Establishing an Early Voting Process for Voters in Minnesota ........................................... 100 - 104 11. Informal Status Reports ................................................................................ 105 ADJOURN. r �� Fridky FRIDLEY CITY COUNCIL MEETING OF MARCH 9, 2015 7:00 p.m. - City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. Print Name (Clearly) Address Item No. ' �` �� \�;� � — �i��,'�� '��' _�l ?'�l.' I � ��'�^h'� �V �� CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 23,2015 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:02 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saeflce Councilmember Varichak MEMBER ABSENT: Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director Sergeant Jim Mork, Fridley Police Department Chris Lord, Anoka Conservation District PRESENTATION: Outstanding Conservationist Certificate from Anoka Conservation District Chris Lord, Anoka Conservation District, stated he is the District Manager for the Anoka Conservation District. They really rely on conservation partners and cooperators throughout the County to help them do their work. They do not have levy authority, so they need people who are willing to help generate matching funds to get grants. They aze kind of the coordinator behind that. Mr. Lord stated partners like the City of Fridley emerge kind of rarely and stand out. Their relationship with Fridley goes back probably before he started. When he started, he was out in the field with John Flora, the City Engineer then. They were doing riverbank stabilization projects along Rice Creek and helping landowners deal with big erosion issues. They worked with Julie Jones on the Springbrook Nature Center project and the MPCA grant. They have worked with Kay Qualley, James Kosluchar, and Layne Otteson. The staffing of people at the City of Fridley interested in helping the public manage the river corridors is really outstanding. They wanted to recognize the City as outstanding conservationists for 2014. Technically, it embodies a year, but to the Anoka Conservation District, it embodies decades of a partnership with the City. Mr. Lord stated they just wrapped up the Oak Glen Creek corridor stabilization project which goes between East River Road and the Mississippi River, along the backyards of 21 properties. Jim Kosluchar and Mayor Lund were calling landowners and helping, along with 1 FRIDLEY CITY COUNCIL MEE__T_ING OF FEBRUARY 23.2015 PAGE 2 Councilmember Bolkcom. That was really a project that started 40 years ago, then dwindled, and came back to life. Mr. Lord stated they wanted to thank the City. They talk about the Springbrook Nature Center quite a bit because it is amazing to have that kind of a resource supported by a city of this size. Typically it is done by county government. They worked with Siah St. Clair for decades and reached so many kids during that time. Mayor Lund stated this must be the year for Fridley as it also had some very nice publicity a couple of weeks ago in the Star Tribune for which he has heard very many good comments from people. This also is a reminder of some of the successes that have been occurring in Fridley. It was a very nice project to do the creek down there on East River Road to the Mississippi River. Mayor Lund stated if they think Springbrook Nature Center is a worthwhile park now,just give them a few months. They will see some very recognizable significant improvements and changes taking place there. He said he was very proud to have something like that in their midst. Some of the ideas for the project are geothermal heating and solar and other things that are green technology so perhaps it could be something for others to follow. They like to think they are on the cusp of the next generation of technology. Mr. Wysopal stated he wanted to recognize James Kosluchar and Kay Qualley, who have done a great job in working with the various groups. They certainly deserve this award. SERVICE REPORT—CITIZENS' ACADEMY: Sergeant Jim Mork, Fridley Police Department, stated he was very excited to tell them about the Citizen's Academy program. After having been on hiatus for a few years, it is coming back this fall. Oftentimes people wonder why they have the program. The Police Department's offices are locked, they have bulletproof glass. Sometimes it is tough for the public to interact. The Citizens' Academy program is going to give them an opportunity to have a lot of discussions; and to educate members of the public regarding the interworkings of the Police Departrnent and how the officers are going about their job and what they are doing to serve the community. Sergeant Mork stated one of the key phrases in the Police Department's mission statement is, "partnering with the community." They want to be able to have the citizens obtain a greater insight into police practices, their services, and also the personnel who are on the Police Department. Also, the officers are going to be able to develop relationships with members of the community; and they are going to better provide services to their particular needs. Sergeant Mork stated the Academy is going to meet every Wednesday from 6 p.m. to 9 p.m., from September 2 through October 21 in the meeting rooms downstairs. Participants are probably going to meet more than half of the members of their Police Department. It is going to be an opportunity to encourage people who are in the program to ask any questions they want to ask, so nothing is off limits. 2 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23.2015 PAGE 3 Sergeant Mork stated some of the topics they are going to cover include constitutional law, police history, and fire safety. They plan on bringing in one of their K9 handlers and his K9 partner. They will get a chance to interact with and see how those dogs are trained, how the dogs provide a tremendous service for the City; and how they save the City countless hours on building searches, apprehensions, and other searches—including lost people. They plan on having one of the local towing companies donate a used caz to the program and will break it apart to show how some of their tools are used. Sergeant Mork stated the program is very interactive and hands on. They will look at videos, have guest speakers, and have demonstrations. People will have a chance to feel the equipment, touch the equipment, drive a squad car, and shoot in shoot/don't shoot scenarios. They will even get the participants out to the gun range. It is really an opportunity for people to see what it is like to walk a mile in their shoes. One of the things they will make sure is that no one is pushed into doing something they are not comfortable doing. If they would rather watch and not participant in something that is fine. Sergeant Mork stated they are looking for people who are 18 years of age or older and who live, work, or play in Fridley. People will have to submit to a criminal background check. There is - no cost to participate. To apply people can pick up applications in the lobby, contact the Police Department, or look it up on the City's website. Space is limited to 24 participants, and it does fill up quickly. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 9, 2015. APPROVED. NEW BUSINESS: 1. Appointments to Commissions Wally Wysopal, City Manager, stated the City Council advertised for these openings and interviews were conducted on January 5 and 9 with the candidates. They are looking at appointing Dave Ostwald to the Planning Commission with a term expiring April 1, 2017; Vangyee Yang to the Appeals Commission with a term expiring April 1, 2017; Jeffrey Phillips to the Appeals Commission with a term expiring April 1, 2018; Justin Foell to the Environmental Quality & Energy Commission with a term expiring April 1, 2016; and Mark Hansen to the Environmental Quality& Energy Commission with a term expiring April 1, 2018. Mayor Lund asked whether all of these persons have agreed to accept their appointment. Mr. Wysopal replied, yes. APPROVED. 3 FRIDLEY CITY COUNCIL MEETING_OF FEBRUARY 23.2015 PAGE 4 2. Claims (1502-ACH PCaxd; 167238-167404). APPROVED. 3. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. OPEN FORUM: No one from the audience spoke. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. � ADOPTION OF THE AGENDA: MOTION by Councilmember Saefke to approve the agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 4. Consider a Rezoning Request, ZOA #13-02, by the City of Fridley, to Consider Rezoning Property, Legally Described as Auditor's Subdivision 39, from C-2, General Business, to M-2, Heavy Industrial, Generally Located at 3720 East River Road N.E. (Ward 3) (Continued December 22, 2014). MOTION by Councilmember Varichak to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE HEARING WAS OPENED AT 7:21 P.M. Scott Hickok, Community Development Director, stated this is a rezoning to take the property from C-2, General Business, back to M-2, Heavy Industrial. Staff initiated this sometime ago, and the bank that owns the property asked for some time to market it as a commercial site. They were successful in marketing it as a commercial site and a funeral home is purchasing the 4 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 23,2015 PAGE 5 property from them. The closing was supposed to happen today, and this was on the agenda so staff could then withdraw the rezoning request officially. Staff has not heard anything. The funeral home and the bank both confirmed the closing would happen today. Staff wants to make certain the closing happened. He asked Council to continue the public hearing to the first meeting in March. Staff does feel that confirmation is very important, as they do not want to start over with the rezoning request, if the closing did not happen. MOTION by Councilmember Varichak to continue the public hearing until March 9, 2015. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CONTINUED AT 7:28 P.M. 5. Informal Status Reports: None. ADJOURN: MOTION by Councilmember Barnette to adjourn the City Council meeting. Seconded by Councilmember Vazichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:30 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 5 PLANNING COMMISSION MEETING February 18,2015 Chairperson Kondrick called the Planning Commission Meeting to order at 7:03 p.m. MEMBERS PRESENT: David Kondrick, Tim Solberg,Leroy Oquist,and Dean Saba MEMBERS ABSENT: Todd Olin and Brad Sielaff OTHERS PRESENT: Scott Hickok,Community Development Director Stacy Stromberg, Planner Todd Ofsthun,TCO Design Ashley Smith,Wish Medical Homer Milton, 5350 4�'Street Dave Pallies, 5253 4`� Street, Columbia Heights Randy Kuchera, 5301 4`� Street Katrina Iwen, 5301 4�' Street Approval of Minutes: January 21,2015 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Perarit, SP # 14-07, by TCO Design, the petitioner has modified the original special use permit request, for a comprehensive home health care use that will utilize both the 5300 and 5310 4th Street Properties. The addition of this land area will provide more opportunities for parking without increasing the size of the building generally located at 5300 and 5310 4th Street NE. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND TAE PUBLIC HEARING WAS OPENED AT 7:05 P.M. Stacy Stromberg,Planner, stated the petitioner,Todd Ofsthun,with TCO Design,on behalf of A.P. Ventures is seeking a special use permit to allow the construction of a comprehensive home care building. The petitioner originally was before the Planning Commission on November l9,2014,to allow this use on the property at 5310 4`h Street. Because of neighborhood and Planning Commissioners concerns specifically related to parking,the petitioner waived Minn. Stat. Sec. 15.99,which requires the City to get the land use item through the process in 60 days,to do further analysis. Ms. Stromberg stated since the November Planning Commission meeting,the petitioner and representatives for the project have negotiated a purchase agreement with the owner of the property directly south at 5300 4�' Street. The additional land area will allow for more on-site parking. 6 Planning Commission Meeting February 18, 2015 Page 2 of 22 Ms. Stromberg stated the neighbors also expressed concerns about the operation of the facility and types of staffing needed for the patients. The operator of the facility is present tonight to further answer those questions. Ms. Stromberg stated the properties are zoned R-3, Multi-Family, and convalescent home type uses are allowed in this zoning district with a special use permit. Ms. Stromberg stated the proposed facility will have a Comprehensive Home Care Provider License through the Minnesota Department of Health. Ms. Stromberg stated the owners of this project have affiliations with Allina,Fairview,and the University of Minnesota to offer the use of the proposed facility to potential patients. The patients using the facility will be recovering from surgery,transplant(pre-op and post-op)or another type of inedical procedure that leaves them needing extensive rehab and medical services. This type of use is needed for patients,who for medical reasons,cannot be on their own and do not have family or friends who can care for them. Ms. Stromberg stated the new site plan incorporates(2)parcels of land—5310 and 5300 4"' Street. The actual square footage of the building has been reduced in size from 2,920 square feet to 2,486 square feet. The reason for this change is the(2)indoor garage stalls have been removed from the plan. The existing garage on the 5300 4�'Street property will remain in place,which will provide parking as well as room for garbage and recycling containers. Ms. Stromberg stated the proposed building will still be 3-stories,with a maximum height of approximately 35 feet. Each level will have(5) separate bedrooms for patients and a common area,with a great room, kitchen, bathroom, storage,and laundry. The building will have an elevator and will be have a fire suppression system. The new site plan allows for 12 surface parking stalls and 2 garage stalls, for a total of 14 parking stalls. The previous plan had a total of 8 parking stalls. The petitioner has also submitted a landscape plan showing new tree, shrub and perennial plantings and will be reyuired to construct storm water treatment on site to ensure that drainage is maintained on site. Ms. Stromberg stated the existing house on the lot at 5300 4`�Street is currently being rented. Staff understands from the petitioner that the lease is up on the house in May. At that time,the residents could sign a month to month lease,until the new building is completed. Upon completion of the new building, the existing house will be required to be removed from the property within one year of building permit issuance. The lot will then need to meet landscaping requirements and be properly maintained. Ms. Stromberg stated the subject property is zoned R-3, Multi-Family and has been since the City's first zoning map. The majority of this neighborhood(east of University Avenue,north of 53`d Avenue,and west of 7�' Street)is zoned R-3,Multi-Family,with some parcels in the middle of the neighborhood zoned R-2,Two-Family and parcels on the east edge zoned R-1, Single Family. Within this neighborhood is a mix of single family homes, duplexes,4aplexes and larger unit buildings. The Bona Brothers property on the corner of University Avenue and 53r Avenue was rezoned from R-3,Multi-Family 10�2,Ceneral __ Business in 1971 and 1999 to allow that use to exist. Ms.Stromberg stated hospitals,clinics,and convalescent/nursing homes are a permitted special use in the R-3; Multi-Family zoning district provided that the proposed project complies with the requirements for the special use permit, subject to the stipulations. The proposed use as a comprehensive home care 7 Plarming Commission Meeting February 18, 2015 Page 3 of 22 use is most comparable to a convalescent home or rehab facility use and therefore staff has determined that a special use permit would be required for the proposed use to exist on this site. Ms. Stromberg stated based on the slope of the lot,the building will look like a 3-story building from the alley and more like a 2 '/z-story building from 4'h Street. Each floor will have 5 separate bedrooms, so the building has the ability to house a total of 15 patients. Due to the medical conditions the patients have, they are unable to drive. As a result,parking needs for this use will be for the staff and visitors to the site. The petitioner has articulated that the maximum number of staff on site at any one time will be 6. Any staff ineetings for employees will either occur off-site or through electronic media. The new site plan shows 12 surface pazking stalls and 2 garage stalls within the detached garage on the 5300 4`}' Street property. The garage and the(2)stalls in front of the garage will be accessed off 53`d Avenue. Ten parking stalls will be accessed from the alley. The new design of the parking area will allow a one-way loop through the parking area,so vehicles won't have to back into the alley to leave the property and it also provides better circulation for staff,visitors,delivery vehicles and emergency vehicles. The building will only be accessed from 4�' Street through the use of a sidewalk. Ms. Stromberg stated based on Code requirements for a nursing home,which is the most similar use to the comprehensive home care use, 8 pazking stalls are required. The previous site plan did comply with code requirements. The neighbors,the Planning Commissioners and staff did have some concerns as to whether this would be enough based on 6 employees potentially being on-site at any one time,plus visitors, and any other specialized staff needed for the patients. As a result,the plan has been updated to provide a total of 12 parking stalls, plus 2 garage stalls. When approving a request like this,staff wants to make sure there is adequate parking provided on-site and that the use is not dependent upon on-street parking. The 12 parking stalls will be adequate for staff and visitors,however since the street isn't signed "no parking", it is likely that from time to time visitors will park on the street. This is acceptable, provided it doesn't start becoming a problem. Staff will keep the stipulation previously placed on the special use permit that states if on-street parking becomes an issue for this site,the special use permit will need to go back before the City Council for further review. Ms.Stromberg stated the special use permit will also need to go back before the Council for review if in the future the use of the building is changed. The building as designed couldn't work if people residing in it didn't have health conditions that didn't allow them to drive. Ms. Stromberg stated the proposed expansion meets lot coverage and setback requirements. The petitioner has submitted a landscape plan and a grading and drainage plan. Both of those plans will be further reviewed by City staff prior to issuance of a building permit. Ms. Stromberg stated City Staff recommends approval of this special use permit request as hospitals, clinics and convalescent and nursing homes are a permitted special use in the R-3,Multi-Family zoning district. Ms. Stromberg stated Staff recommends that 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, fire,and ADA requirements. (3) City engineering staff to review and approve grading, drainage, and utility pian prior to issuance of a building permit. 8 Planning Commission Meeting February 18, 2015 Page 5 of 22 that they would get at a facility this size. Mr. Hickok stated, also, the petitioner has taken an enormous step. They purchased the property next door to provide a buffer. If they find their experience did not tell them the correct thing,and they need to expand the parking, now they have the land area to do it. They are not boxed in. He would agree with � the strategy, do not put in more parking if you do not need it. There is no need to have a lot of hard surface that is not used. This is an opportunity for them basically to provide themselves an out if they need it. Otherwise it provides a lot of nice green open space where there was a building in bad need of maintenance. Mr. Iiickok stated the City is getting a vastly improved product here and there is the buffer for parking. The other thing, and he is hearing the concem in Commissioner Oquist's voice, but remember this is a special use permit; and special use permits are there by virtue of ineeting mitigating stipulations. Over the course of time, if the City finds there is an issue and if stipulations need to be modified or added,that is the beauty of a special use and why it is not just a permitted use to begin with. If it becomes a problem, it comes back and it is reviewed again. A special use permit can be revoked, but more likely in that situation there would be a requirement for additional parking because demand has been demonstrated. Mr. Iiickok stated it is not staffs expectation they would be parking on the street. First-time visitors might because they do not realize there is a nice parking spot that is going to be well lit behind the building. In the azchitectural elevations, they will notice the best entrance (a double entrance) off from that back parking area is really probably the most inviting opportunity to enter the building. Commissioner Oquist stated he agrees in the past the City probably required too much parking in some instances, but he still has a concern on this one because once again you have to get through the alley. Visitors are going to park out in the front. Mr. Hickok replied staff has made it clear to the developers that sites are supposed to take care of their own parking on site. He does not expect they are going to put in more parking than this to begin with because experience tells them that is what they are going to need. Chairperson Kondrick stated it is obvious, too, that the owner, realizing the City's complaints about parking and the neighbors' concerns about parking, purchased that piece of property for parking purposes. There will be landscaping,etc. Homer Milton, 5330 4`� Street stated he lives two houses north of the project. Three concerns he has, and he has talked to his neighbors are: this would put two health care centers within one-half block of his home. There is one right now on the corner of 54th and Sth Street. They are talking about property values being affected. Also, apparently Ms. Stromberg has not been in that alley which is very small and very narrow because it is an old existing Fridley alley. His back yard faces that alley. Now with Bona Brothers driving up and down there it is like a freeway because they use it to test vehicles that are worked on. Now there is going to be more traffic in that alley. Mr. Milton stated he also disagrees with the parking on the street because Bona Brothers parks on 4th Street all the time because they get too many cars in their lot. He would not like a parking lot two houses from him when he goes to sell his house. It is really hard to get onto 53rd during a busy time. He talked to the neighbors about this,and they all feel the same way about it. 9 Planning Commission Meeting February 18, 2015 Page 4 of 22 (4) Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. (5) If on-street parking becomes an issue as a result of this use,the special use permit and options for additional parking shall be further reviewed by the City Council at the owner's expense. (6) If the comprehensive home health care use changes,the special use permit shall be further reviewed by the City Council. (7) The petitioner shall file the necessary documents with Anoka County to combine both of the lots involved in this project, 5300 and 5310 4`}' Street,prior to issuance of a building permit. (8) The house at 5300 4`h Street shall be removed within one year of issuance of a building permit for the new building. Commissioner Oquist stated he has a couple of yuestions. They still have not added that much more parking. He still has a real concern about parking. Also, what are they going to do with that lot when they take that house down? That is an opportunity to get more parking spots. Plus they are going to find if the only way to get to the parking stalls is through the alley, a lot of visitors are going to park out on the street. He has some real concerns. Ms. Stromberg stated the previous plan had 8 stalls. This is 14 stalls, and 8 stalls met Code requirements so they have gone above and beyond the Code requires. She does agree visitors will likely park on the street if they do not know there is a parking lot behind the building that they can park in. The City is okay with having some on-street parking unless it is becoming an issue with cars up and down the street. Commissioner Oquist asked,what about the length of time on the street? He can see employees parking there for their shift, and they are going to be there for 6-8 hours. Ms. Stromberg replied,the City would not want the employees parking on the street. Commissioner Oquist asked,how do they restrict that? Ms. Stromberg replied, that would be something the City would definitely have to inspect and keep an eye on. Commissioner Oquist stated it would have to be monitored very closely. What are they planning on doing with the rest of that lot once they tear the house down? Ms. Stromberg replied, she believed in their packet there is a landscape plan that is part of the drawings the Commission has. T'he plan for now is to landscape the rest of the lot. Commissioner Oquist stated it seems to him they could run some more parking stalls probably east and west on that property next to that building. Scott Hickok, Community Development Director, replied,the City has gotten a lot smarter about parking over time. There was a time where in Planning the City would have more parking than was necessary. They might recall staff has gone back and modified Codes to make certain there is not more hard surface than the City actually needs. The folks here who are closest to this type of business will tell the City their experience is they do not get a lot of guests. This would be adequate parking for the amount of guests 10 Planning Commission Meeting February 18, 2015 Page 6 of 22 Dave Pallies, 5253 4th Street, stated he has some concerns here. First of all he really would like to know what the building is going to be used for. They keep saying, a special use permit. A medical building. Correct him if he is wrong but, if you look at the plans, where is the nurse's station? There is no nurse's station. He has been asking other people, what type of building is this going to be? They said a medical building. Some people said, well, it is going to be for people with transplants. Where are the nurses' stations, where is the doctor's station for doctors who are going to come in and talk to these people or whatever? They said,well, it is going to be on the phone. Are the nurses going to be on the phone? Are the doctors going to be on the phone? Are the patients just going to be alone there? Are they going to give themselves their own medication? Because when you have transplants, you do not give yourself your own medication,your rejection pills,do you? Chairperson Kondrick asked,do you? Mr.Pallies replied,no. Chairperson Kondrick asked Mr. Pallies,he really does not know, does he? Mr. Pallies replied, Ms. Stromberg told him they are going to be coming out of the hospital, and that is where they will be recovering until they go home. Where is the nurse's station at? Two nurses per floor. Where is the nurse's station at. Where are the drugs going to be locked up because people who have transplants have to have rejection drugs. They are going to have to have that medication locked up. What is the building going to actually be? He has heard so many different stories. Is it going to be a nursing home? He does not have any problem with the building being built. He just wants to know what the building is going to be used for? Is it going to be for like drug and alcohol rehab? "They are not telling the truth what the building is actually going to be for. Is it going to be for sex offenders? Nobody is saying. Chairperson Kondrick is not even saying. Does he know? Chairperson Kondrick replied,no. He does not. Mr. Pallies stated then the building should not be built until we know exactly what the building is going to be used for. Chairperson Kondrick replied, if it agrees with the Codes, it would be according to Code. It will have to comply with what is required by the Code. Mr.Pallies stated he is saying it could be sex offender place. Chairperson Kondrick stated if it is built and it is zoned and complies with the Code,then it is]egal and requires adequate protection for people. For neighbors and the residents of the facility. Mr. Pallies replied, he is against the building being built with what Chairperson Kondrick is saying. He is against it. Chairperson Kondrick asked,why is that? Mr.Pallies replied, because it could be a sex offender building. For sex offenders. Because Chairperson Kondrick does not know what it is going to be. What is going to be housed there? 11 Planning Commission Meeting February 18, 2015 Page 7 of 22 Chairperson Kondrick replied, perhaps staff can answer that better than he can. Ms. Stromberg stated what the City has been told is it will be a home health care use. Patients coming out of the hospital having some kind of a need, like a nursing home where they need extra care and they cannot go home. The operator of the facility is here tonight,and she would be able to aflswer many more questions than staff can answer. What they understand is this is a home health care use. Nursing homes, convalescent homes, clinics, and hospitals are a permitted special use in this district. The Code does not address the other uses the gentleman was talking about. Chairperson Kondrick stated now, they are okay so far until they hear from the petitioner. Is Mr. Pallies okay at least with that? Mr. Pallies replied, no, not really. Ms. Stromberg still did not explain it. She just said it was a special use. Chairperson Kondrick replied,just a moment, they will leam more as they go along this evening. Mr. Pallies'concerns are well expressed,and they appreciate it. Mr.Pallies stated he has others,too. The renters for that house. Ms. Stromberg said they are going to be going by a month-to-month lease? They are done in June. Why not tear the house down and get rid of it? Why keep renting that house out? Chairperson Kondrick asked Mr.Pallies why would he imagine that would be the case? Mr.Pallies asked,why would you leave the house? Chairperson Kondrick replied,the owner does not want to sell it that quick. Mr. Pallies stated, sell it? He has to sell that part of that property for them to build on that property. They cannot buy it afterwards. Then there are other reasons that he is saying this because Ms. Stromberg told him they were going to use two stalls inside that garage. It is a two-car garage for two cars that park in there and two on the path,correct? Chairperson Kondrick replied,yes. Mr. Pallies stated Ms. Stromberg said they are going to put the dumpsters in there. That is going to eliminate two cars in the garage and put two cars on the parking pad. They are going to rent the house out month to month. Where are the renters going to park? Out on the street. The workers will be parking in that driveway. Commissioner Oquist stated the petitioner is going to get a license to operate this facility, and that license is very restrictive as to what they can run in there. Ms. Stromberg replied,correct. Commissioner Oquist stated to Mr. Pallies, they will need a license to actually operate there. That is through the State, and it is not going to be a halfway house or for sex offenders. It is a medical facility, by the license. If they do anything other than what that license provides,they could get shut down. 12 Planning Commission Meeting February 18, 2015 Page 8 of 22 Ms. Stromberg stated as to the question about the renters, they will need to be out before the new building is occupied. They will not have any issues with renters needing to park there when the new use is open. Why they are going to allow the tenants to sign a month-to-month lease after their lease expires in May, she is not sure. The petitioner could answer that question. Mr.Pallies stated but she did say,up to a yeaz, so it is going to take up to a year to build that building? Chairperson Kondrick replied, good yuestion. They will find out. However, it does not really make a lot of difference. The fact is they have to go through the motions first before things happen. Mr. Hickok replied, the stipulation is that it will be a year from the date of the issuance of the building permit. That does give adequate time to have the primary building itself.built. It allows a renter some time to make some plans for their next move. It would be a bit of a surprise if you are renting a house and now you are going to have a much shorter stay than you might have planned. It is going to take some time to get this building built. It is not a simple building. It has a commercial elevator in it. It is three stories. It has a lot of commercial aspects about it. It may take a better part of a year to build the building. They are allowing themselves enough time. They are not boxing themselves in. Meanwhile they are allowing a resident to continue to live there but understand at a certain point they are going to need to be out and start making plans. Mr. Hickok stated the City does, with the issuance of a building permit, allow one year for landscape to be done, installed, completed, because there are seasonal issues. There are all sorts of other things that you might get done at a time when it is not good to be putting down seed or sod, and you wait until that cure core point to put it down. There is a strategy behind it. It was not just giving them a year to leave this as a question mark. It is meant to be logical and strategic in terms of somebody who is living there who needs to move and somebody who needs to landscape once the foundation and everything have been taken out. Mr.Pallies asked where are the renters going to park? Out on the street? Chairperson Kondrick replied, nothing is going to happen until after they move out. The garage is still there. Mr.Pallies stated they will have the garage and the driveway. There won't be construction stuff there to block them. He does not care if they park in the street. It does not bother him a bit. Mr. Pallies stated he is still concerned about the medical use because there are no nurses' stations or nothing like that. Chairperson Kondrick replied, it is going to be according to Code and what the State feels is necessary. They cannot operate unless it is according to what is necessary. They can let that be where it is. Mr. Pallies replied, what concerns him is they are not saying, you know, is it going to be a nursing home? Fine. It is a nursing home. Is it going to be for transplant patients? And his concern is on that, is if it is transplant patients, how are they going to get in there? That alley is very skinny. If they are going to be driving an ambulance,how are they going to get it in there? Chairperson Kondrick replied,hopefully that will be addressed. 13 Planning Commission Meeting February 18, 2015 Page 9 of 22 Mr.Pallies asked,well, aze they not going to address that? Chairperson Kondrick stated they can address that as they go along. Randy Kuchera, 5301 4th Street, asked as to this building being built, what kind of affect will it have on property taxes or property value and on top of that; parking meters. If people want to park on the street, would they have to pay for it. Would that have any affects on those three topics? Chairperson Kondrick replied, good question. He cannot imagine parking meters anywhere in Fridley. Mr. Kuchera stated a friend of his lived on a street which was repaved, and he ended up paying for part of that cost. When they usually do some kind of renovation to that neighborhood, does the neighborhood have to pay? Chairperson Kondrick replied, he did not think that affects him at all. Mr. Hickuk stated as to parking on the street, meters would not be an alternative there. You could still continue to have your guests park on the street. He pointed out on the aerial photo, to the north of the yellow box there is a four-plex and a car parked on that street. Right now you can drive down it any day and there is parking on that �treet. This site combined within those two lots within the yellow box with the star on it, that would adequately accommodate eight units of residential with a building permit, up to three bedrooms each unit. If there were eight units of three-bedroom apartments, 20 parking spaces would be required. Just to put it in perspective, this could be an eight-unit, three-bedroom per unit complex with 20 parking stalls required. There is enough land area to accommodate that. Guests to that eight-unit building likely would park on the street. They may park just like they are at the four-plex north of here. Are there things that can be done if this use becomes an issue. In this case there is a special use permit that could be brought back, reviewed, and even revoked if they are not operating under proper standards. This is an R-3 neighborhood. If there is an eight-unit building that has three bedrooms or even if it had two bedrooms a piece that would still be 16 parking stalls,that could be built without any special permit. Mr. Hickok stated the petitioner is not overtaxing this site in terms of use because it is a convalescent facility, the folks do not come on their own power. They do not park their cars in the parking lot. They do come by virlue by transport vans. Ambulance is probably going to be less likely, although the petitioners are here and can.speak to that. Remember this alley is being described as something as a cart path. Garbage trucks use this alley also. The double doors on the back of this facility open to an elevator core for the building that would allow folks to go to each of the three levels that are in there. Mr. Hickok replied, as to taxes, he always thinks it a bit ironic when folks worry about the ta�t value when they are taking down an $85,000 house that is badly in need of maintenance; and the house that stood on the lot before was in terrible shape. T'hey are probably adding $2 to $2.5 million of investment to the neighborhood and is something that is well-maintained and managed as a commercial entity there but really has a residential character that fits. One should not worry about lowering their tax value in the neighborhood. If they are worried about increased tax value, their property is really based on its own merits. For example, a three-bedroom properly with two baths would be compared to three-bedroom properties with two baths in that same general area. Would the affect of this across the street automatically raise their values? The answer to that is "no". Would-the affect of the overall feel of the 14 Planning Commission Meeting February 18, 2015 Page 10 of 22 neighborhood change because of the new investment in the neighborhood? Yes, it would. They would benefit from the value of this new, properly maintained property that has landscaping that is professionally maintained and is a building that has a lot of value to it. They should not worry about a diminished value in taxes. What they are going to feel is a very positive influence of new investment in their neighborhood. Mr. Hickok stated as to improving streets, likely there needs to be a cut made for a utility connection, unless a}1 utilities are outside of the existing roadway and they are able to connect out in the public right- of-way where the private utility would connect to the public utility. However, that is cost borne entirely by the development itself. Any fix to the roadway would have to be done in compliance with the right-of- way ordinance. Any modification to the roadway has to be done to an engineering standard that basically leaves the road in as good of a condition it was prior to the cut being made. Very good question by the gentleman but not something they would need to be concerned about because that road will be repaired and in a condition that basically leaves the fix invisible to the others. Mr. Kuchera asked what about the noise for the construction itself and height of the building. Some people have gardens in their front yard. By blocking the sun it could kind of screw up some nice plants. Mr. Hickok replied, this construction is pretty standard. Typically they have found sandy soils, and it would be a typical concrete foundation and not driven in on piers. Construction will happen during the daytime. They have Code-mandated work hours. They cannot start before, and they cannot after. Although a third-shift person would be sleeping when construction is happening on this site. There are no extraordinary types of construction techniyues that will be used on this. It is a fairly straightforward and very typical type of construction that happens. Mr. Hickok replied, as far as the height of the building, R-3 would allow up to six stories; 35 feet is the cut off for the R-1 district. You could have a single-family home that is 35 feet tall. This is in a district that would allow up to six stories. This one really is comparable in height to a single-story house. Mr.Kuchera asked,that would not block the sun coming across the skyline or anything like that? Mr. Hickok replied, it would be the equivalent of a two and one-half story on this lot set back at a standard setback dimension. Would it affect the sunset? On a treed lot such as this has been, he thinks the effect will be negligible. Mr. Pallies stated that alley is narrow and the problem is, come up there when the garbage trucks go through. It is real interesting because,he lives in Columbia Heights side. The garbage truck goes through their alley on the Columbia Heights side and goes straight across 53rd to get in there because it cannot make the turn. They got semi's that come through their alley and go straight across 53rd into that alley because they cannot make that turn. Go there some time when it is real busy. Chairperson Kondrick replied,he drove through and he knows. Mr.Pallies stated try and drive during rush hour. You will not turn in there. They will not let you. Mr. Hickok stated, two things at a matter of reference, he has driven his motor home through that alley. It is probably more about scheduling of pickups that a garbage truck driver would drive straight from the Columbia Heights side into the Fridley side. He has made the turn in his motor home, and it is no small 15 Planning Commission Meeting February 18, 2015 Page l 1 of 22 � vehicle. This is a standard size alley. Rest assured when Bona's improved it, the City made sure that snow plow trucks,etc. could get through it in order to service it. Mr. Hickok stated in reference to Mr. Pallies saying that no one is being honest here, nothing would frustrate them more than that. In the staff report and articulated in earlier presentations are the types of recovering that happens in a facility like this. One disadvantage and it was unfortunate is that although the builder/petitioner was here,they did not have somebody from the medical side to talk about what it is at the last meeting. There has never been any attempt to keep facts that are known from the public. Being painted that way is a frustrating way to ask a question and make statement. Mr. Hickok stated they have a letter to be entered into the record that describes more about the specifics of the facility, and he would encourage the petitioner's spokesperson to talk about the medical side to answer some of the questions that seem to be of concern here. Mr. Ofsthun stated they actually did increase the parking by six which is a significant number, almost double from when they first started. As to the extra land,ultimately he thinks they want to have attached parking. The building is positioned for a number of reasons, and that is one of them. If they need it for parking, they have that buffer. That is a nice thing. He does not anticipate it. It would be a waste of pavement to continue to go more than 12, not counting the 2 in the garage yet. The garbage cans could take up more than one space. In the future also if they need a dumpster and they have to come back and provide a dumpster for more adequate and efficient garbage for the building itself,they have that space as well. That could be another potential use for that. Ultimately the existing garage would be nice to not be there and have an attached facility. Again, they have the chance to redo the parking. If they have a garbage dumpster they will have an approach for that. All that would be done on their site. Mr. Ofsthun stated, yes, they will be using the alley but the ambulance, as ir�dicated, would have plenty of space to get in the alley. Their parking lot is designed as a standard parking lot. Any ambulance has to go through anywhere in the Ciry so all of the dimensions are per Code. The parking is more than Code. He thinks they really are there. Meanwhile it is a nice landscaped area. That is another plus,too. Mr. Ofsthun stated at the last meeting a big part of the problems were Bona's parking problems. He hopes at this meeting their problems do not continue to be the petitioner's problem. If they are driving their vehicles up and down the alley to test them,that should not be on the petitioner. Mr. Ofsthun stated the employees will not be parking on the street. The back of the building has a much better entrance and it has an elevator. To him if he knew there is a parking lot there, he is going to go down that alley to park. As to visitors, since this is long-term care, they will find that pazking lot and park in there. It is more convenient, it is lit,etc. Mr. Ofsthun stated as to the building itself,there is some fine-tuning that needs to go on with the design. The concerns of locking up the drugs,the nurses stations, etc., there is space near the kitchen. The great room kitchen area will get a little more fine tuned as they go through this process. They do have space where there will be small nursing stations on each level. Mr. Ofsthun stated the use of the building is a high-tech medical facility using telemedicine connected through the University of Minnesota and Fairview Hospitals. It will be staffed with nurses,the Minnesota comprehensive home care license will dictate. In a full facility the minimum number of nurses will be six, two per floor. That is dictated by them by the State. They have elevators and a sprinkler system. 16 Planning Commission Meeting February 18, 2015 Page 12 of 22 This building is set up very much as a high-tech medical facility. If they simply wanted sex offenders in this building, they would just put up a three-unit building and would not be standing in front of them. T'hey would just go get a permit and build it. They are investing a lot of money and time with this for that purpose. It will be run by Wish Medical. Mr. Ofsthun stated as far as the extension for the renters,that was more of a courtesy for them. Initially they were not sure what they were going to do with that building either, and staff was quite clear that building will not stay. They just wanted to make sure they were not kicking out the renters who have a lease which is up either April or May. Potentially they will find their own place. It is a non-issue. It will be torn down when it is convenient. When the big trucks are there will be the most convenient. Mr. Ofsthun stated the manager of the construction project will make sure the renter has a spot, the construction workers have a spot. They set up the site for toilet, dumpsters, drop of materials. That is mostly on site but, unforiunately,there may be some construction workers parked on the street. That will be tough not to da Mr. Ofsthun stated it is going to be a huge improvement. It is going to look nice. It is going to be well kept. It will be a buffer from two gas stations and an auto repair. Commissioner Oquist stated as to part of his concern with the parkir►g situation, how many empioyees will be on a different shift? Mr.Ofsthun replied, six is the maximum. Commissioner Oquist asked,what do they do when they have a shift change? Mr. Ofsthun replied, obviously there is going to be some juggling going on. If they have a shift change and then all of a sudden they are all gone,then they have an empty parking lot. Commissioner Oquist stated or you have six people parking there and then six more people trying to park there along with maybe some visitors. Mr. Ofsthun replied, and they added 6 spots to help with that. At what point do they stop? They are beyond City Code which he presumes was set up to take those things into consideration. They have gone beyond with the same consideration of a shift change. Commissioner Oquist asked if the people who are cunently leasing that house move out in May, what happens? Does it just stay empty then? Mr. Ofsthun replied, it would probably depend on the construction manager. They might be gone before they start. Commissioner Oquist stated that is the point he was making. If they should move out,for example,the end of May,then it will remain empty. Mr.Ofsthun replied,then it will probably be removed. Commissiouer Oquist asked, but they would not try and re-lease it to someone on a month-to-month 17 Planning Commission Meeting February 18, 2015 Page 13 of 22 basis? Mr. Ofsthun replied,he has not even thought of it so he would say,no. That was not a consideration. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:58 P.M. MOTION by Commissioner Oquist receiving letter from Susan McDonough dated February 18, 2015. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIlVIOUSLY. MOTION by Commissioner Solberg receiving letter from Katrina Iwen. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Solberg approving Special Use Permit, SP # 14-07, by TCO Design, the petitioner has modified the original special use permit request, for a comprehensive home health care use that will utilize both the 5300 and 5310 4th Street Properties. The addition of this land area will provide more opporlunities for parking without increasing the size of the building generally located at 5300 and 5310 4th Street NE with the following stipulations: (1) The petitioner shall obtain all necessary permits prior to construction. (2) The petitioner shall meet all building,fire,and ADA requirements. (3) City engineering staffto review and approve grading,drainage,and utility pian prior to issuance of a building permit. (4) Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. (5) If on-street parking becomes an issue as a result of this use,the special use permit and options for additional parking shall be further reviewed by the City Council at the owner's expense. (6) If the comprehensive home health care use changes,the special use permit shall be further reviewed by the City Council. (7) The petitioner shall file the necessary documents with Anoka County to combine both of the lots involved in this project, 5300 and 5310 4�'Street,prior to issuance of a building permit. (8) The house at 5300 4`�Street shall be removed within one year of issuance of a building permit for the new building. Seconded by Commissions Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 18 Planning Commission Meeting Februazy 18, 2015 Page 14 of 22 Chairperson Kondrick stated this item will go before the City Council on March 9, 2015, at 7 o'clock. This will be rediscussed then by the City Council. T'he City Council will have had a chance to review their meeting tonight. 2. PUBLIC HEARING: Consideration of a Rezoning, ZOA #15-01, by Alliant Engineering, Inc., on behalf of the property owners of 5300 and 5400 Central Avenue is requesting to have the 2 properties rezoned from C-3,General Shopping to C-2, General Business. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:04 P.M. Ms. Stromberg stated Alliant Engineering, Inc.,on behalf of the property owners of 5300 Central Avenue(Super Stop)and 5400 Central Avenue(Embers)is requesting to rezone their properties from C- 3,General Shopping to C-2,General Business. The impetus for the rezoning request at this time is to allow the potential redevelopment of the property at 5300 Central Avenue. Ms. Stromberg stated the current zoning of C-3, General Shopping imposes several requirements that makes redevelopment of the site difficult.The minimum lot size required for a C-3 district properiy is 35,000 square feet,whereas the minimum lot size required for a C-2 district is 20,000 syuare feet. The property at 5300 Central Avenue has a lot size of 29,441 square feet; and the property at 5400 Central Avenue has a lot size of 31,423 square feet. Both parcels are more suitable for the C-2,General Business zoning than its current non-conforming zoning of C-3, General Shopping. Ms. Stromberg stated the subject properties are located on the northwest corner of Central Avenue and 53`�Avenue, on the southern edge of the City. They are zoned C-3, General Shopping. The existing gas station was constructed in 1966 and the restaurant building,which is now Embers,was constructed in 1965. At that time,both properties were zoned C2-S,which was also called a General Shopping zoning district. When the properties were developed in the 1960's, both uses were allowed by right,where current code standards would require a special use permit for a gas station use. The properties have consistently been used as a gas station and restaurant since they were constructed. Ms. Stromberg stated in 1981 the State of Minnesota filed a quit claim deed to the City of Fridley for an 80-foot piece of right-of-way directly east of the 5300 Central Avenue that was right-of-way for Central Avenue. The State determined at that time that they no longer needed it; so as a result, it became City right-of-way. Ms. Stromberg stated the City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone"property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. 'The Comprehensive Plan's 2030 future land use map designates this area as "Redevelopment". 19 Planning Commission Meeting February 18, 2015 Page 15 of 22 Ms. Stromberg stated the properiy owner of 5300 Central Avenue Ali Hussain and representatives for him have been working to get this property redeveloped for some time. Periodically over the last year, they have met with City staff to go over code requirements and to give staff updates on potential clients. They have recently secured a tenant,Starbucks Coffee Shop, and as a result,have submitted the rezoning request. Ms. Stromberg stated staff suggested to the property owner and petitioner that since this property is non- conforming in relation to lot size,the best option for redevelopment would be to seek a rezoning from C- 3, General Shopping to C-2, General Business. The other option to allow redevelopment of tNis site would be to ask for several variances, such as lot size and setbacks,to be granted. In order to grant variances, practical difficulties need to be identified on the site. Rezoning of these parcels based on their location and size, is the most practical approach in this case.�The C-2, General Business zoning allows for smaller lots sizes,reduced setbacks, and a variety of retail type uses. Whereas,the C-3, General Shopping zoning district is more fitted for large box type retailers,like Target and Walmart,or shopping centers that require larger lot sizes and setbacks. Ms. Stroraberg stated in order to accomplish a successful rezoning and avoid"spot zoning", it was determined that Embers needed to also be part of the request. The petitioner and staff talked with Embers and, since their lot is also non-conforming,they determined it would be beneficial for them to ask for the rezoning at the same time as the 5300 Central Avenue property. Ms. Stromberg stated all the turn-back type parcels within the City,which are those lots along major corridors; that have roadway all around them are zoned C-2, General Business. Though these lots do not have roadway all around them,they are small parcels located along a major right-of-way,with a frontage road to provide access. The small lot sizes of these parcels tend to require a commercial zoning of C-2, General Business,to allow development on smaller lot sizes. The rezoning of these properties is consistent with the trends already seen along the major corridors of Hvry 65 and University Avenue within Fridley. Ms. Stromberg stated with Starbucks on board to lease retail space on the subject property,Mr. Hussain and his representatives have designed a site plan that will allow for the construction of a new retail building. The existing gas station, fuel pumps,canopies and underground tanks will be removed,per Minnesota Pollution Control Agency regulations. The new multi-tenant building is progosed to be 6,048 square feet in size. Staxbucks will occupy 2,200 square feet of the building space, and the remainder of the building will be shell retail space for additional users. The Starbucks will have a drive-thru that allows stacking room for 13 vehicles,which was designed to not interfere will people entering/exiting and parking on site. The Starbucks national average for drive-thru stacking is 11 cars, so this lane should provide adequate space to not impact other users on the site. Ms. Stromberg stated the new multi-tenant building will be a wood framed structure with aluminum storefronts and multiple exterior finishes, including glass,thin brick,decorative CMU block and EIFS. The exterior will also include decorative and functional wall lighting. Canopies will cover the entrances and a comprehensive sign plan will be adopted to allow a consistent sign package. An outdoor patio will be provided on the southeast end of the building for the Starbucks and new landscaping will be installed. The project will also be required to meet any storm water regulations set forth in Chapter 208. Ms. Stromberg stated the project as designed will require the City to deem the 80 ft.right-of-way east of the 5300 Central Avenue property, excess and authorize sale to that property owner. The City's Public 20 Planning Commission Meeting February 18, 2015 Page 16 of 22 Works Director has indicated that this short segment of right-of-way isn't needed and has been problematic for maintenance and snow-plowing, so sale of it to the owner of 5300 Central Avenue,would be the best way to approach redevelopment of this site,provided a perpetual (permanent)cross access agreement is filed to allow Embers full access through the site. Ms. Strumberg stated the City hired Bolton&Menk Engineers and Surveyors Inc.,to do a traffic analysis of the 53�d Avenue and Central Avenue intersection as well as a segment of 53rd Avenue down to the intersection of Target and Medtronic. This section of right-of-way is scheduled to be resurfaced within the next few years,so the City determined it was beneficial to complete the analysis at this time. What came out of that analysis is that the Central Avenue and 53`d Avenue intersection performs at a failing level of service in the PM peak hour. In addition, while the crash rate is slightly lower than the statewide average for 53rd Avenue,the crash severity rate is roughly four times what would be expected in a typical similaz roadway. This means that most crashes are likely side-on collisions and include left turning movements. Commissioner Oquist asked Ms. Stromberg to expand on "failing level of service". Ms. Stromberg replied,that is a term that engineers use when evaluating intersections and they can operate at a Level A to F. They typically like to see intersections operating at a Level C or D, and this intersection currently operates at a Level F. However,the new development will not make that worse or better. It will stay the saxne. Ms. Stromberg stated based on the completed traffic analysis,the site plan as designed which allows(2) access points in and out of the site,where vehicle movements can enter and exit from both points on the site is discouraged. Though this entering/existing situation exists today,when the City is looking at allowing redevelopment of a praperty,we need to do our best to correct a bad traffic pattern. As a result, both the traffic analysis and City staff are suggesting that the proposed(2)access points remain, however, a one-way loop through the site,that will also allow access through Embers. Commissioner Oquist asked it would be a one-way on the east side,one going north,and one-way on the west side going south. Ms.Stromberg replied,yes. You would enter in on the east side and then out on the west side. They realize this arrangement is not perfect, it will still continue to function at a Level F. However,short of constructing a center median all along 53rd Avenue to restrict left turn movement completely,this was the best option staff felt they could approve for redevelopment of this site. Ms. Stromberg stated over the last several years,different property owners and developers have come to the City to consider redevelopment of other parcels within the northwest quadrant of Central Avenue and 53`d Avenue. Some of them have contacted the adjacent property owners to see if there was interest in selling their property, so the quadrant as a whole could be redeveloped at the same time. Redevelopment of the whole quadrant at the same time would be the most ideal situarion as it would help resolve the traffic congestion for the intersection and access issues for the subject properties. Ms.Stromberg stated there has not been enough interest from all the properiy owners to make this redevelopment option happen. As a result,the Ciiy has to consider the request for redevelopment that is before us at this time,and determine the best way to accommodate the redevelopment without creating further impacts. 21 Planning Commission Meeting February 18, 2015 Page 17 of 22 Ms. Stromberg stated staff recommends the rezoning of these two properties to C-2, General Business because it is an overall better fit for the size and location of the properties. Ms. Stromberg stated when a site plan is developed that all parties can agree on, specifically related to access in and out of the site,then staff will initiate before the City Council an action to declare the SO-foot right-of-way excess and authorizing the sale of the excess right-of-way to the 5300 Central Avenue. If a site plan cannot be agreed upon,ownership of the City land area will not be transferred and redevelopment of this property will not likely happen. Ms. Stromberg stated City Staff recommends approval of this rezoning request as Rezoning brings both lots in compliance with lot size requirements and rezoning will allow redevelopment of the gas station site. Bruce Carlson,Vice President of Business Development for poran Companies,he is the team leader and owner's representative of 5300 Central and he does not represent 5400 Central although they have been working in collaboration together with City staff for about a yeaz. When he first started on the project he was with Mid-America Real Estate acting as an owners representative. In June he took a new position with Doran Companies and has just continued his position. His main role here though is team leader as far as selecting and assisting with civil engineering,architecture,working with City staff,representing the owner. The owners of 5300 Central were approached by Starbucks Coffee. They did not have the property for sale or lease. Representatives of Starbucks identified the site and approached them to go there which was fortuitous and exciting, and they were all ears to hear about it. That is when he was engaged to represent the owner. Mr. Carlson stated at that point they started looking at the site as to how they accommodate Starbucks. He should also mention there is no intent on the part of the property owners at 5300 to sell the property. They intend to continue to own it. They would become a landlord, and Starbucks would become a tenant along with a couple of other tenants the site could accommodate. Mr. Carlson stated they are in support of the site plan they see before them right now. The owner of Embers is here also. They also have to remember they are accommodating two properties here and have to make it all work together. Everyone would admit that no one would want to have an access point so close to a stoplight but it is what it is. City staff has worked very closely with them, always accepted their calls to try and figure this puzzle out. Mr. Carlson stated the Embers is very successful and busy. The two property owners are neighbors and want to be successful on this together. They have their architect here, Cathy Anderson from Architectural Consortium, if they have any questions. Their civil engineer is Alliant Engineering. They used them to make the application for the rezoning. Both owners are here as we1L Commissioner Oquist asked the petitioner whether they had considered turning that whole property around so the back of the buildings are facing 65 so the driveway could ba further down from 65. Mr. Carlson replied that blocks Embers and takes away its access. It looks a lot better with a beautiful front face to Central with beautiful landscaping. They have yet to make the back of a building look like a front of a building. This is being driven by Starbucks. Much like building a custom home for somebody 22 Planning Commission Meeting February 18, 2015 Page 18 of 22 they are really accommodating Starbucks. If it does not meet all of their requirements,they are not coming. Mr. Carlson stated just to reiterate again,all the tanks will be removed on this site. They have been working all year with the MPCA. They have been in full compliance and cooperation with tl�e MPCA. That is looking all very good as well. Chairperson Kondrick asked if there were folks there from Embers who would like to talk with them? Joe Rickenbach,Owner of Embers, stated he totally agrees with what Mr. Carlson said. They were tentative at first. The main concern they have and have had for many years is access for their customers. The plan they agreed on which is up on the screen right now is something they can deal with. His overall main concem is changing the route of his customers coming and leaving and possibly losing potential customers. Also,down the road, if he ever chose to sell the place that would be adequate for future use. Chairperson Kondrick asked Mr.Rickenbach,he is happy with the plan? Mr.Rickenbach replied,he is happy with the current plan on the screen that has(2)access points and allows people to enter and exit from both points. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 8:26 P.M. Commissioner Saba staxed the safety will be improved. Mr.Rickenbach stated he wanted to reiterate as to the couple of plans that were presented. The staff wanted the certain plan with the one way in and one way out. It is different than what was up on the screen. He just wanted to clarify that and asked Mr. Hickok to touch on that. Mr.Hickok stated the Commission has now seen two plans. The petitianer has presented the last plan the Commission saw and that was really the first plan Ms. Stromberg had in her presentation that had the two yellow highlighted areas shown. 1'he staff s recommendation was that they talce out the exit where the current frontage road is so that cars come in,if you are eastbound or westbound,you can come in at that spot then you would circulate counterclockwise at the site and exit closest to the building going east or west. It is a counterclockwise loop that would feed into Embers and would allow folks to come out of Embers on a one-way coming out in front of the store; and it puts that decision to move east further away from the intersection and would give you frankly, staff thinks,an easier way out. This pulls it back at least far enough where you have a better chance of turning left from the site(going westbound). Mr.Hickok stated when the Commission considers this, at feast articulate their thoughts on access,and ultimately Council will need to decide. Between now and then staff and these properiy owners are going - - - to come together again and see if there is anything in between that is a solution. However,as they all want,no harm done by any decision that is made. Thankfully the traff'ic analyst even said that the amount of traffic in and out of this site can be managed,and they can likely end with a do no harm solution that does not make them any better than an F but certainly not worse. 23 Planning Commission Meeting February 18, 2015 Page 19 of 22 Chairperson Kondrick stated you would need property signage. Mr.Hickok replied,proper directional signage would be one thing needed. He knows Mr.Rickenbach has said that in their meetings; and certainly the petitioners,Mr.Carlson,etc.would agree that signage is going to be key especially when you have long-term users of a site like Mr.Rickenbach has who are accustomed at doing things a certain way. Sometimes just changing it a bit can cause a little anxiety,but proper signage will help that a lot. Ultimately,when you show people how to circulate through a site you can eliminate a lat of internal conflicts in the site and also out on the roadway. Mr.Hickok stated imagine somebody coming out that east frontage road going west while somebady coming out of the western one wants to go east. They find themselves in the same lane,now with cars coming southbound on Central,rounding the corner at a fairly good clip,and you have two cars making a decision out on the roadway. They are trying to avoid that simply by having an easy decision. You hook on,you go counterclockwise through the site, and then you exit whatever direction you want. Mr.Rickenbach stated what he is really worried about the one-way entrance/exit. Right now his customers have a clean in and out. If he has a say in the matter,his definite response to this would be "no" because of the way his customers have to exit. They are going ta have to come around and turn, then go through(this is when there is no snow on the ground)the entrance of the drive-thru during early business(as is Embers with early morning breakfast),then they are going to navigate a parking lot(where right now they do not have to do as there is a straight-in driveway). Also,you have the exit of the drive- thru again. It is quite the navigation for his customers where right know they don't have to. His main fear is that it is going to cause trouble for his business. Mr.Rickenbach stated when Allied�irst came out they were obviously very excited to have something new on the corner. His only stipulation was that their driveway stays relatively the same. It has changed some so it curves in now and there are drive-thru parking spots so there is a little bit more action there, but they were okay with that because it had an entrance and an exit. The one-way is a major issue that he has. Mr.Hickok stated he thinks it leaves the Commission in a good position to make a decision and a recommendation on the zoning and,any comments they want to offer on circulation would be helpful. They will become part of the record. Obviously there will be more discussion between now and the Council meeting; and they will have to come to a decision before the Council meeting as they will not want them in a position to have to referee a decision. If there is some sort of mid-ground solution between Plan A and Plan B for circulation,they will try and find it. They do not want to, again, put the Council in a corner so they would not have the land sale,that deems the land access and authorizes the land sale action on the Council's agenda,until they work that piece out. Mr.Hickok stated they will likely have to ask for a waiver from the petitioner to State Statute Section 15. 99 that has them acting on this within 60 days simply because they need additionai time to consider access in and out of the site. Tonight all the Commission really has to focus on is making their recommendation on the zoning. Ultimately offering their recommendation on circulation which is important to the minutes. Staff really values the Planning Commission's position on that as well. MOTION by Commissioner Oquist Approving Rezoning,ZOA#15-01, by Alliant Engineering, Inc., on behalf of the property owners of 5300 and 5400 Central Avenue is requesting to have the 2 properties rezoned from C-3, General Shopping to C-2,General Business but for the traffic circulation issue must be 24 Planning Commission Meeting February 18, 2015 Page 20 of 22 resolved before the item comes before the City Council. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED TIiE MOTION CARRIED UNANIMOUSLY. Chairperson Kondrick stated this goes before the City Council on March 9. 3. Receive the Minutes of the January 5,2015,Parks and Recreation Commission Meeting. MOTION by Commissioner Solberg to receive the Minutes. Seconded by Commissioner Oyuist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNA1vIMOUSLY. 4. Receive the Minutes of the October 28, 2014, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPER50N KONDRICK DECLARED THE MOTION CARRIED UNA1vIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated they are going to be having some public meetings to talk about potential redevelopment of the Columbia Arena. They did something similar to this when the City was looking at the redevelopment of Gateway Northeast, which is now the Cielo project. This is very exciting, staff wants as many people to attend as we can get. T'here will be four meetings. The first one is March 1 l and they are all on a Wednesday from 6 to 8 o'clock at the Community Center. The information is also on the City's website and coming out in utility bills as well. Commissioner Saba asked whether Community Development has some ideas of what could be developed there and would be beneficial to the City? Mr. Hickok replied,yes, they do. However, if they will recall those meetings they had on the University Avenue project,they really want public engagement and want folks to come in with their ideas. They are going to the first meeting to talk a little bit about what goes through the mind of a planner, a civil engineer,and an architect as they look at a site like this and how they try to work with the amenity the site has and also try and develop then an end product that has the highest and best value. Mr. Hickok stated one of the things that might surprise them is they are not closing out the option of using the Public Works facility land behind it so basically you open up the avenue to just pure amenity and then doing a development that just has the creek and the park and everything behind it. That will be one of the things that will be offered. The second meeting with be design charrets where they will actually use a scaled aerial photo and putting blocks down and kind of laying out the development as they see it. There will also be an architect and a finance person. The architect will be drawing up sketches based on the blocks you aze putting on the aerial photo, and the finance person will be figuring out what a 25 Planning Commission Meeting February 18, 2015 Page 21 of 22 project like that would cost. Mr. Hickok stated they do not want to inhibit that free thought by saying, here is what we think. They would really just like to get public feedback on it, take that in, and use that as food for what they think could be an even better plan that matches or uses a lot of the good feedback they get back from the public and then takes what the City staff believes are essentials for the site as well. Chairperson Kondrick asked,where do they put the Public Works then? Mr. Hickok replied, they have a couple of ideas on that. Frankly, the new and modern public works facilities are very different looking. When you look at the aerial photo of that it reminds him a lot of his grandpa's farm. You have the original house, the farm, and as things change over time, maybe you have another out building. If you were to do it over again, you would not do it again. You would probably have the very modern facility that puts stuff inside that does not have the smattering of little out buildings but does it in a very efficient way. It could even sit on the site,but with everything inside it would iook very different. Chairperson Kondrick stated just consolidation. Mr. Hickok if you look at the new and modern public works facilities, for example, one in Richfield of which him and Ms. Stromberg took pictures of if they would like to look at. White Bear Lake has a very nice one that they just completed not too long ago. They have looked at a number of other ones and, if you looked at it, you would not know it is a public works facility. A very neat one is in Vadnais Heights, along County Road F,where one end of their building they actually lease out for wedding receptians. He went to a wedding there not long ago and it was probably one of the most beautiful receptions he went to. That end of the building is glass looking onto kind of a natural amenity. Chairperson Kondrick asked when do they expect to have the construction of the Cielo facility completed? Mr. Hickok replied, they would like to occupy before year-end. They are thinking October/November occupancy potentially. One of the reasons for the slow start is that base structure is the garage that is being built. It looks almost like two buildings right now, but that is because the entrance piece is a framed piece and not a poured concrete piece like the garage portions. Also, on the southern end Xcel has an overhead power line that needs to go underground. ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED TI� MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:48 P.M. Respectfully submitted, �� ' ��g�'�`� Denise M: Johnson Recording Secretary 26 � AGENDA ITEM � ""°f COUNCIL MEETING OF MARCH 9, 2015 Fridley CLAIMS CLAIMS 167405 - 167559 2� PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRZPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 02/26/2015 167405 ANOKA COUNTY CENTRAL COMMUNICA 1005 570.00 101-0550-425.42-21 02/12/2015 SMART BATTERY 2015022 02/2015 570.00 02/26/2015 167406 APPLIED CONCEPTS, INC 1014 11,650.00 410-0440-425.45-40 02/10/2015 EQUIPMENT 353,354, 355,356 265606 02/2015 11,650.00 02/26/2015 167407 A.B.M. 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INC - ENVIRONMENTAL 5042 1,350.00 101-0661-435.43-40 02/25/2015 • ARC GIS MAINT,ARC PAD MNT 92943288 02/2015 1,350.00 02/26/2015 167424 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 223.93 101-0000-144.00-00 02/09/2015 BU LITE,NYLON INSERT 2041523, 1523A 02/2015 135.73 101-0000-144.00-00 02/17/2015 AMBER LITE 2041522 02/2015 88.20 02/26/2015 167425 FASTENAL COMPANY 6012 39. 07 101-0669-435.42-22 02/12/2015 BOLTS MNSPR93223 02/2015 9.07 601-7500-415.42-22 02/13/2015 HYDRANT BOLTS MNSPR93271 02/2015 30.00 02/26/2015 167426 TD AMERITRADE 6088 150.00 101-0000-219.15-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 150.00 02/26/2015 167427 FRIDLEY POLICE ASSOCIATION 6117 86.00 101-0000-219_22-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 86.00 02/26/2015 167428 FLEET PRIDE 6151 101.91 101-0000-144.00-00 02/12/2015 VALVES 66657854 02/2015 101.91 02/26/2015 167429 GARELICK STEEL CO, INC 7106 797.50 101-0669-435.42-22 02/12/2015 STEEL WEIGHT FOR HOIST 02/2015 797.50 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CAECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 02/26/2015 167430 TASC 7162 695.30 704-0000-415.43-30 O1/31/2015 VEBA,FSA ADM FEES 496936 02/2015 695.30 02/26/2015 167431 HOISINGTON KOEGLER GROUP INC 8077 3, 143.75 101-0881-465.43-30 02/24/2015 JAN COLUMBIA ARENA SERV 0140573 02/2015 3, 143 .75 02/26/2015 167432 HENRY'S WATERWORKS, ZNC 8148 3,404.55 601-7000-415.42-22 02/12/2015 FIRE HYDRANT,GASKETS 17639 02/2015 3,404.55 02/26/2015 167433 JOHN HARRIGAN 8184 75.00 101-0770-455.43-40 02/18/2015 GREAT DECISIONS SPEAKER 02/2015 75.00 02/26/2015 167434 INTL ASSOC OF FIRE FIGHTERS - 9074 120.00 101-0000-219.15-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 120.00 02/26/2015 167435 L-3 COMMUNICATIONS MOBILE VISI 12016 1,250.85 240-0000-425.42-25 02/04/2015 VOICE LINK TRANSMITTERS 22015 02/2015 1,250.85 02/26/2015 167436 LAW ENFORCEMENT LABOR SERVICES 12022 1, 692.00 101-0000-219.13-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 1,692.00 02/26/2015 167437 LANO EQUIPMENT INC 12064 252.53 fj� 101-0000-144.00-00 02/10/2015 COUPLER ASSY 02262176 02/2015 252.53 O 02/26/2015 167438 LAW ENFORCEMENT TECHNOLOGY GRO 12154 240.00 101-0440-425.43-40 02/23/2015 LETG CANINE TRACKER 14904 02/2015 240.00 02/26/2015 167439 JENNIFER LEAF 12181 45.00 101-0770-455.43-40 02/18/2015 CHORES/MORE 02/2015 45.00 02/26/2015 167440 LAKESIDE PROMOTIONS,LLC 12184 165.50 609-9100-415.42-17 02/19/2015 ASST STORE MGR UNIFORMS 3026 02/2015 165.50 02/26/2015 167441 MIDWAY FORD 13189 35,405.36 410-0668-435.45-40 02/19/2015 FORD CHIPPER TRUCK V#726 102251 02/2015 35,405.36 02/26/2015 167442 MINNESOTA BENEFIT ASSOC - M.B. 13220 45.84 101-0000-219.09-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 45.84 02/26/2015 167443 M.S.S.A. -MN STR SUPERINTENDENT 13247 50.00 101-0668-435.43-31 02/24/2015 MEMBERSHIP 02/2015 50.00 02/26/2015 167444 MENARDS - FRIDLEY 13256 140.71 601-7000-415.42-25 02/19/2015 TOOLS, BATTERIES 89922 02/2015 140.71 02/26/2015 167445 MINN CHILD SUPPORT PAYMENT CEN 13307 952.93 101-0000-219.19-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 952.93 02/26/2015 167446 METRO PRODUCTS INC 13333 32.74 101-0550-425.42-22 02/17/2015 NUTS,BOLTS 106024 02/2015 32.74 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 02/26/2015 167447 MINNESOTA METRO NORTH TOURISM 13416 3,711.29 806-0000-204.00-00 02/17/2015 JAN AOTEL/MOTEL TAX 02/2015 3, 711.29 02/26/2015 167448 METERING & TECHNOLOGY SOLUTION 13467 129, 000.00 601-7500-415.42-22 02/17/2015 AMR WATER METERS 2917 02/2015 129,000.00 02/26/2015 167449 MANSFIELD OIL COMPANY 13472 5,359.82 101-0000-141.00-00 02/24/2015 FUEL 281807 02/2015 5,359.82 02/26/2015 167450 MILPRO MARINE, LLC 13496 2,250.00 410-0550-425.45-40 02/18/2015 NEW BOAT DELIVERY 1183 02/2015 2,250.Ob 02/26/2015 167451 NEWQUIST & HERRICK LAW OFFICES 14002 25,632.44 101-0222-415.43-30 02/20/2015 MAR PROSECUTION ATTY FEE 02/2015 25,632.44 02/26/2015 167452 COMPASS MINERALS 14037 22, 140.09 101-0668-435.42-22 02/09/2015 ROAD SALT 126,708, 910,342 02/2015 22, 140.09 02/26/2015 167453 NORTHERN SANITARY SUPPLY INC 14089 43.26 101-0550-425.42-22 O1/30/2015 VACUUM FILTER/BAGS 172992 02/2015 43 .26 02/26/2015 167454 NORTHWESTERN UNIVERSITY 14145 7, 800.00 W 101-0440-425.43-37 02/24/2015 SPRING REGISTRATIONS 4044,4045 02/2015 7, 800.00 I�+ 02/26/2015 167455 NETWORK MEDICS, INC 14157 4, 837.50 101-0333-415.43-30 02/20/2015 RETAINER SERV/IT RELATED 6053 02/2015 4, 837.50 02/26/2015 167456 OPEN YOUR HEART 15011 25.00 101-0000-219.08-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 25.00 02/26/2015 167457 PARSON'S ELECTRIC CO 16023 3,627.69 240-0000-425.43-40 12/31/2014 DZSCONNECT PWR FORFTR BLD 46924 13/2014 1, 813.85 602-7000-415.43-40 12/31/2014 ' INSTALL TEMP METER/PANEL 46924 13/2014 1, 813 .84 02/26/2015 167458 POMP'S TIRE SERVICE, INC 16051 355.00 101-0668-435.43-40 02/16/2015 TIRE REPAIRS 150045295 02/2015 355.00 02/26/2015 167459 PERFECT 10 CARWASH EXPRESS 16200 329.00 101-0440-425.43-40 02/19/2015 JAN WASHES POLICE #10 02/2015 284.00 601-7000-415.43-40 O1/31/2015 JAN WASHES PUBLIC WRKS #7 02/2015 25.00 602-7000-415.43-40 O1/31/2015 JAN WASHES PUBLIC WRKS #7 02/2015 20.00 02/26/2015 167460 WILLIAM PRINGLE 16214 178.50 101-0770-455.42-21 02/19/2015 REC BROOMBALL OFFICIAL 20152 02/2015 178.50 02/26/2015 167461 MARK SCHULTE 19041 10.39 101-0666-435.42-12 02/12/2015 REIMB FUEL FOR VEHICLE 02/2015 10.39 02/26/2015 167462 SI-IORT ELLIOTT HENDRICKSON INC 19108 1,441.76 101-0661-435.43-30 O1/31/2015 JAN ANTENNA PROJ SERV 293966 02/2015 1,441.76 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 02/26/2015 167463 STAR TRIBUNE 19171 42.25 101-0220-415.43-31 02/15/2015 SUBSCRIPTION 10197627 02/2015 42.25 02/26/2015 167464 SCIENCE MUSEUM OF MINNESOTA 19237 318.00 225-0000-415.43-37 02/12/2015 INDESIGN COURSE C80668 02/2015 318.00 02/26/2015 167465 STIMEY ELECTRIC 19255 4,672.00 101-0665-435.43-40 02/15/2015 REPAIR WELCOME SIGNS LGHT 2510 02/2015 4,672.00 02/26/2015 167466 ZCOFTL FRIDLEY,LLC 20130 16,043 .36 609-9100-415.43-41 02/24/2015 MARCH LEASE PMT 30470001A000367 02/2015 16,043 .36 02/26/2015 167467 TOXALERT INTERNATIONAL 20174 314 .50 101-0669-435.43-40 02/02/2015 AIR SYSTEM TESTING 17383 02/2015 314.50 02/26/2015 167468 TYLER TECHNOLOGIES, INC 20180 12,364.25 409-0000-415.45-60 02/19/2015 CHART OF ACCOUNTS SEG 116001 02/2015 656 .25 409-0000-415.45-60 02/19/2015 PARTIAL PMT INCODE INSTLL 025-115928 02/2015 11,708.00 02/26/2015 167469 TRUEMAN-WELTERS, INC 20184 7,213 .00 410-0666-435.45-40 12/30/2014 BROOM W/HYDRAULIC V#566 EB13795 13/2014 4, 812.00 410-0666-435.45-40 12/30/2014 HITCH,SUBFRAME V#566 EB13796 13/2014 2,401.00 W ' �/26/2015 167470 TRINITY VAC SYSTEMS 20185 5, 156.00 101-0660-415.43-40 02/25/2015 HVAC DUCT CLEANING 02/2015 5, 156.00 02/26/2015 167471 UNIVERSITY OF MINNESOTA 21011 85.00 101-0668-435.43-37 02/18/2015 REGISTRATION-ZURBEY 02/2015 85.00 02/26/2015 167472 UNITED WAY 21035 20.00 101-0000-219.08-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 20.00 02/26/2015 167473 U.S. DEPARTMENT OF EDUCATION 21066 22'0.86 101-0000-219.20-00 02/27/2015 PAYROLL SUMMARY 20150227 02/2015 220.86 02/26/2015 167474 VALLEY-RICH CO INC 22006 6, 515.53 601-7500-415.43-40 02/06/2015 REPAIR WATER BREAKS 21294,21299 02/2015 6,515.53 02/26/2015 167475 VIKING INDUSTRIAL CENTER 22011 42.28 601-7000-415.42-17 02/16/2015 MUD BOOTS 3040738 02/2015 42 .28 02/26/2015 167476 VERIZON WIRELESS 22050 26.02 101-0550-425.43-32 02/26/2015 WIRELESS SERVICE IPAD 02/2015 26.02 02/26/2015 167477 W.S.B. & ASSOCIATES INC 23012 1, 081.50 603-7500-415.43-30 OS/31/2014 SPRINGBRK WEIRS PROJ 410 12 13/2014 1, 081.50 02/26/2015 167479 WENCK ASSOCIATES, INC 23070 1,257.48 603-7500-415.43-30 OS/31/2014 INSPECTION SERV OAK GLEN 11402259 13/2014 1,257.48 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 02/26/2015 167479 WALTERS RECYCLING & REFUSE SER 23088 618.43 101-0669-435.43-40 02/10/2015 REFUSE HAULING 1003135 02/2015 502.48 270-0771-455.43-40 02/10/2015 REFUSE HAULING 1003135 02/2015 115.95 02/26/2015 167480 XCEL ENERGY 24002 6, 982.04 101-0669-435.43-38 02/13/2015 UTILITIES 445651257 02/2015 1,789.70 101-0666-435.43-38 02/11/2015 UTILZTIES 445316452 02/2015 2, 812.12 101-0441-425.43-38 02/11/2015 UTILITIES 445839783 02/2015 57.93 270-0771-455.43-38 02/11/2015 UTILITIES 445826833 02/2015 495.83 101-0669-435.43-38 02/11/2015 UTILITIES 445825495 02/2015 18.17 603-7000-415.43-38 02/18/2015 UTILITIES 446018544 02/2015 166.69 101-0550-425.43-38 02/18/2015 UTILITIES 446012007 02/2015 243.49 602-7000-415.43-38 02/18/2015 UTILITIES 446031513 02/2015 1,398.11 02/26/2015 167481 YELLOW DOG UPHOLSTERY 25016 225.00 101-0440-425.43-40 02/02/2015 SEAT REPAIRS 4192 02/2015 225.00 03/OS/2015 167482 ANOKA COUNTY TREASURER 1048 34.00 101-0440-425.42-12 02/24/2015 JAN DRUG TASK FORCE FUEL H150224B 03/2015 34.00 03/OS/2015 167483 AT & T MOBILITY 1116 3,631.74 101-0333-415.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 108.94 W 101-0220-415.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 48. 94 W 225-0000-415.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 48.94 101-0440-425.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 1, 157.94 101-0441-425.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 115 .40 101-0550-425.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 307.23 101-0661-435.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 292 .20 101-0669-435.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 101.48 101-0880-465.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 100.00 101-0881-465.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 34 .99 101-0770-455.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 69.00 101-0882-465'.43-32 02/17/2015 CELL PHONES 141144X022520I5 03/2015 98. 94 601-7000-415.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 272.95 602-7000-415.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 218.63 101-0668-435.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 356.59 101-0666-435.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 264 .58 101-0661-435.43-32 02/17/2015 CELL PHONES 141144X02252015 03/2015 34.99 03/OS/2015 167484 APACHE PRINT INC 1147 178.13 101-0770-455.43-35 02/25/2015 NEWSLETTER 46279 03/2015 178 .13 03/OS/2015 167485 ASPEN EQUIPMENT CO 1200 .00 101-0550-425.42-17 02/13/2015 UNIFORMS 161171,172, 1484 03/2015 194 .55 101-0550-425.42-17 03/OS/2015 UNIFORMS 161171,172,1484 03/2015 194 .55- 03/OS/2015 167486 ANOKA COUNTY PROP RECORDS/TAX 1233 6,743 .49 101-0331-415.43-40 02/27/2015 ANNUAL TNT FEE,SPEC ASSES 03/2015 2,426. 94 351-0000-475.43-40 02/27/2015 ANNUAL SPEC ASSESS FEES 03/2015 4,316.55 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CAECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/OS/2015 167487 ACE SOLID WASTE, INC 1241 �0.69 609-9200-415.43-40 03/O1/2015 REFUSE HAULING 631499 03/2015 27.19 609-9100-415.43-40 03/O1/2015 REFUSE HAULZNG 631500 03/2015 43.50 03/OS/2015 167488 AMARA WINES,LLC 1296 496.20 609-0000-181.00-00 02/27/2015 FEB-WINE 03/2015 496.20 03/OS/2015 167489 BARTON SAND & GRAVEL CO 2005 783.67 601-7500-415.42-22 02/27/2015 ASPHALT 03/2015 633 .67 601-7500-415.42-22 02/27/2015 DISPOSAL FEES 03/2015 150.00 03/OS/2015 167490 BEISSWENGER'S HARDWARE 2019 45.53 101-0666-435.42-22 03/O1/2015 MISC NUTS,BOLTS 03/2015 38.88 601-7000-415.42-22 03/O1/2015 KEYS 03/2015 5.96 101-0668-435.42-22 03/O1/2015 SPRING 03/2015 .69 03/O5/2015 167491 BOLTON & MENK, INC 2046 4, 174.00 406-0006-435.43-30 02/26/2015 TRAFFIC STUDY STR PROJ 175341 03/2015 4, 174.00 03/O5/2015 167492 BERNICK'S BEVERAGES 2207 1, 669.93 609-0000-182.00-00 02/27/2015 FEB-BEER 03/2015 932.63 609-0000-157.00-00 02/27/2015 FEB-BEER 03/2015 937.30 �_/O5/2015 167493 BEN SAEFKE PHOTOGRAPHY 2222 150.00 101-0550-425.43-40 02/06/2015 PHOTO/DISK BADGE PINNING 440 03/2015 150.00 03/O5/2015 167494 BUILDING CONSULTING GROUP, INC 2223 2,743.50 405-0005-415.43-30 02/23/2015 RAMP REPAIR WRK 883151 03/2015 2,743.50 03/OS/2015 167495 BANK BEER CO 2237 251.50 609-0000-182.00-00 02/17/2015 FEB-BEER 03/2015 251.50 03/OS/2015' 167496 BAUHAUS BREW LAB, LLC 2239 179.00 609-0000-182.00-00 02/11/2015 FEB-BEER 5087 03/2015 179.00 03/OS/2015 167497 CRYSTEEL DISTRIBUTION INC 3004 463.50 101-0000-144.00-00 02/27/2015 FORCE ELEC BOX V#769 F36431 03/2015 463 .50 03/OS/2015 167498 CALIBRE PRESS INC 3116 249.00 101-0440-425.43-37 02/26/2015 REGISTRATION-VOLK 25647 03/2015 249.00 03/OS/2015 167499 ROBERT CLAIISON 3153 2,653.60 101-0880-465.43-40 03/02/2015 INSPECTIONS 03/2015 2,653 .60 03/OS/2015 167500 COMCAST CABLE 3157 314 .56 225-0000-415.43-40 02/23/2015 CABLE SERVICE 72106210044545 03/2015 314 .56 03/OS/2015 167501 CONTINENTAL RESEARCH CORP 3159 2,575.00 602-7000-415.42-22 02/20/2015 DEGREASER 414701CRC9 03/2015 2, 575.00 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/OS/2015 167502 RICK CHASE 3281 60.00 101-0770-455.43-40 03/02/2015 CHORES/MORE 03/2015 60.00 03/OS/2015 167503 CENTURY LINK 3295 253 .36 601-7000-415.43-32 02/22/2015 PHONE SERVICE 5711683 03/2015 17.47 602-7000-415.43-32 02/22/2015 PHONE SERVICE 5711683 03/2015 17.46 609-9100-415_43-32 02/22/2015 PHONE SERVICE 5710683 03/2015 218.43 03/OS/2015 167504 CLEAR RIVER BEVERAGE 3328 229.00 609-0000-182.00-00 02/27/2015 FEB-BEER 03/2015 229.00 03/OS/2015 167505 DEFORGES PLUMBING,INC 4147 2, 000.00 101-0880-465.43-40 03/04/2015 INSPECTION,DAILY TASKS 1503 03/2015 2, 000.00 03/OS/2015 167506 EMERGENCY APPARATUS MAINT 5038 940.62 101-0550-425.43-40 02/20/2015 AERIAL REPAIRS 78864 03/2015 940.62 03/OS/2015 167507 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 615.51 602-7000-415.42-22 02/26/2015 AMBER TRAFIC ADV V#686 AW0213158 03/2015 585.00 101-0000-144.00-00 02/23/2015 REAR LENS V#284 AW0223158 03/2015 30.51 03/OS/2015 167508 EMERGENCY RESPONSE SOLUTIONS,L 5103 231.05 (N 101-0550-425.42-17 02/22/2015 LENZING HOODS 3599 03/2015 231.05 � 03/O5/2015 167509 FIRE CONTROL EXTINGUISHER CO 6006 689.50 101-0440-425.43-40 02/27/2015 EXTINGUISHER MAINT 67136 03/2015 383.50 101-0550-425_43-40 02/26/2015 EXTINGUISHER RECHARGES 67137 03/2015 306.00 03/OS/2015 167510 CITY OF FRIDLEY 6023 67.57 101-0440-425.43-37 03/03/2015 TRAINING MEALS PETTY CASH 03/2015 31.04 101-0550-425.42-21 03/03/2015 BATTERIES PETTY CASH 03/2015 13 .21 101-0881-465.42-21 03/03/2015 PLANNING MTG WATER PETTY CASH 03/2015 3 .33 225-0000=415.43-33 03/03/2'O15 REIMB PARKING FEES PETTY CASH' 03/2015 10.00 270-0771-455.42-21 03/03/2015 PROP SUPPLIES PETTY CASH 03/2015 9.99 03/OS/2015 167511 TERESA FARIS 6142 45.00 227-0000-415.43-40 02/25/2015 CHORES/MORE 03/2015 45.00 03J05/2015 167512 FLAT EARTH BREWING COMPANY 6147 137.00 609-0000-182.00-00 02/27/2015 FEB-BEER 03/2015 137.00 03/OS/2015 167513 GENUINE PARTS CO/NAPA 7014 1,449.24 101-0000-144.00-00 02/27/2015 PARTS 03/2015 587.16 101-0000-144.00-00 02/27/2015 PARTS 03/2015 28.79 101-0000-143 .00-00 02/27/2015 BATTERIES 03/2015 347.80 101-0000-143_00-00 02/27/2015 BATTERIES 03/2015 343.63 101-0669-435.42-22 02/27/2015 PARTS 03/2015 141.86 03/OS/2015 167514 GRAINGER 7041 90.36 101-0666-435.42-22 02/24/2015 BARREL CAN FOR RAGS 9674615704 03/2015 90.36 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/OS/2015 167515 HIGHWAY HANDYMAN PRODUCTS 9019 666.82 101-0668-435.42-22 02/23/2015 SIGN MAKER PARTS 16631 03/2015 666.82 03/05/2015 167516 HOME DEPOT/GECF 8052 170.08 101-0550-425.42-22 02/20/2015 TRAILER SUPPLIES 03/2015 119.06 270-0771-455.42-22 02/20/2015 HARDWARE SUPPLIES 03/2015 51.02 03/OS/2015 167517 WENDY HIATT 8164 28.47 101-0669-435.43-33 02/27/2015 REIMB MILEAGE 03/2015 28.47 03/OS/2015 167518 HEIGHTS BAKERY 8170 28.50 101-0770-455.42-21 02/25/2015 SR ACTIVITY ROLLS 138 03/2015 28.50 03/OS/2015 167519 RICK JOHNSON DEER AND BEVER, I 10023 90.00 101-0440-425.43-40 03/02/2015 FEB DEER CARCASS REMOVAL 03/2015 90.00 03/OS/2015 167520 KORY JORGENSEN 10043 2, 096.02 601-7000-415.43-30 03/04/2015 CONSULTING FEE WTR MGRMT 2015-2 03/2015 2, 000.00 601-7000-415.43-33 03/04/2015 CONSULTING FEE WTR MGRMT 2015-2 03/2015 96.02 03/OS/2015 167521 KILLMER ELECTRIC CO INC 11034 450.00 601-7000-415.43-40 02/18/2015 REPAIR SNUBBER-VFD WELL 4 7985022736 03/2015 450. 00 W �_/OS/2015 167522 JASON KLUENENBERG 11118 250.00 101-0770-455.42-21 03/02/2015 BOOT HOCKEY OFFICIAL 1302 03/2015 250.00 03/O5/2015 167523 LEVANDER,GILLEN & MILLER, PA 12013 8, 048.50 101-0222-415.43-30 02/28/2015 FEB ATTY FEES 3 03/2015 8, 048.50 03/OS/2015 167524 LOFFLER COMPANZES, INC 12143 871.45 101-0333-415.42-21 02/20/2015 COPIER STABLES 03/2015 172 .00 101-0333-415.43-40 03/09/2015 COPIER MAZNT 19327729 03/2015 699.45 03/OS/2015 167525 MINN DEPT OF LABOR & INDUSTRY 13150 1, 038.76 101-0000-205.00-00 02/27/2015 SURCHARGE 21844003055 21844003055 03/2015 1, 038 .76 03/O5/2015 167526 MIDWAY FORD 13189 220.76 101-0000-144.00-00 02/18/2015 MODULE,FOG SWITCH 218882 03/2015 220.76 03/OS/2015 167527 MIDWAY FORD 13189 26, 905.59 410-0668-435.45-40 02/27/2015 F150 FORD PCKUP V#719 102474 03/2015 26, 905.59 03/OS/2015 167528 MOSS & BARNETT, PA 13231 1, 908.00 225-0000-415.43-30 02/24/2015 LEGAL-COMCAST CABLE TRANS 621387 03/2015 1, 908.00 03/OS/2015 167529 MENARDS - FRIDLEY 13256 185.59 101-0550-425.42-22 02/24/2015 CABINET SUPPLIES 90316 03/2015 106.29 601-7000-415.42-22 02/23/2015 WALLPLATE,BRACKETS 90222 03/2015 12.42 101-0550-425.42-22 02/18/2015 CONNECTORS, CORD REEL 89593,555, 592 03/2015 66.88 PREPARED 03/OS/2015, 16:12 :27 A/P CHECKS BY PERIOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/OS/2015 167530 MESSER, WALTER 13379 61.07 101-0550-425.42-21 03/03/2015 REIMB REFRSH-RETIREMENT CUB 03/2015 61.07 03/O5/2015 167531 NELSON CHEESE & DELI 14119 123.20 101-0220-415.43-37 02/23/2015 CONF MTG BOX LUNCHES 105709 03/2015 123.20 03/OS/2015 167532 NETWORK MEDICS, INC 14157 46.00 410-0440-425.45-40 02/26/2015 CABLES FOR NEW SQUADS 6067 03/2015 48.00 03/O5/2015 167533 NORTHERN TECHNOLOGIES, INC 14179 4, 150.00 406-0006-435.43-40 O1/31/2015 MATERIAL TESTING STR PRJ 13980 03/2015 2, 075.00 406-0006-435.43-40 O1/31/2015 MATERIAL TESTING STR PRJ 13980 03/2015 2, 075.00 03/OS/2015 167534 OFFICE ENVIRONMENT BROKERS INC 15021 8,135.00 405-0005-415.43-40 02/17/2015 LABOR/MAT REDESIGN ENG 24616 03/2015 8, 135.00 03/OS/2015 167535 OUTSIDE MAINTENANCE, INC 15072 307.50 101-0660-415.43-40 02/25/2015 SHOVELING,SALT WALKS 12202 03/2015 307.50 03/OS/2015 167536 PERFECT 10 CARWASH EXPRESS 16200 152.00 101-0440-425.43-40 03/03/2015 JAN CAR WASHES 03/2015 152 .00 �j,�/OS/2015 167537 PARTNERS & SIRNY ARCHITECTS 16223 55,523.90 �1407-0007-455.43-40 02/26/2015 DESIGN,SERV SPRING PROJ 2 03/2015 55,523.90 03/OS/2015 167538 QUALITY REFR,IGERATION SERVICE 17002 289.24 609-9200-415.43-40 02/27/2015 SERVICE CONTRACT 12237 03/2015 289.24 03/OS/2015 167539 RADCO INDUSTRIES INC 18010 444 .95 410-0668-435.45-40 03/02/2015 TONNEAU COVER V#719 BLN3701501 03/2015 444 .95 03/OS/2015 167540 ROSENBAUER MINNESOTA LLC 18159 115.48 101-055'0-425.42-22 02/20%2015 VALVE BALL ASSEMBLY 15650 03/2015 115.48 03/OS/2015 167541 RAILROAD MANAGEMENT COMPANY, L 18164 1, 144 .05 601-7000-415.43-41 02/27/2015 RENTAL AGREEMENT 315913 03/2015 160.78 601-7000-415.43-41 02/27/2015 RENTAL AGREEMENT 74, 915, 03,79,72 03/2015 983 .27 03/OS/2015 167542 ROOTSTOCK WINE COMPANY 18172 259. 00 609-0000-181.00-00 02/27/2015 FEB-WINE 03/2015 256. 00 609-9100-415.43-51 02/27/2015 FEB-FREIGHT 03/2015 3 . 00 03/OS/2015 167543 REGISTER TAPE UNLIMITED, INC 18174 1, 000.00 609-9100-415.43-34 O1/15/2015 ADVERTISING 20941701,32301 03/2015 1, 000. 00 03/O5/2015 167544 REELWHEELS RWC, INC 18175 108.23 101-0550-425.42-22 02/18/2015 VALVE STEM EXTEN E2 192531 03/2015 108.23 03/OS/2015 167545 SAM'S CLUB 19004 1, 870.70 101-0550-425.42-21 02/20/2015 COFFEE,BATTERIES,SUPPLIES 03/2015 443 .35 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0770-455.42-21 02/20/2015 ZONE SUPPLIES 03/2015 717.00 227-0000-415.43-32 02/20/2015 CHORES/MORE STAMPS 03/2015 148.25 101-0770-455.43-32 02/20/2015 SR STAMPS 03/2015 48.75 101-0770-455.42-21 02/20/2015 SR SUPPLIES 03/2015 74.14 101-0770-455.42-21 02/20/2015 PARTY SUPPLIES 03/2015 100.64 101-0770-455.42-21 02/20/2015 WINTERFEST SUPPLIES 03/2015 124.58 270-0771-455.42-21 02/20/2015 $UPPLIES 03/2015 122.12 101-0770-455.42-21 02/20/2015 SR SUPPLIES 03/2015 91.87 03/OS/2015 167546 STANDARD INSURANCE COMPANY 19063 .00 101-0000-219.12-00 03/03/2015 FEB LIFE PREMIUM 643900 03/2015 2,685.37 101-0000-135.00-00 03/03/2015 FEB LIFE PREMIUM 643900 03/2015 66.75 704-0000-219.12-00 03/03/2015 FEB LIFE PREMIUM 643900 03/2015 4 .35 101-0000-219.23-00 03/03/2015 FEB LTD PREMIUM 643900 03/2015 2,226.35 101-0000-135.00-00 03/03/2015 FEB LTD PREMIUM 643900 03/2015 24.98 101-0000-219.12-00 03/OS/2015 FEB LIFE PREMIUM 643900 03/2015 2, 685.37- 101-0000-135.00-00 03/O5/2015 FEB LIFE PREMIUM 643900 03/2015 66.75- 704-0000-219.12-00 03/OS/2015 FEB LIFE PREMIUM 643900 03/2015 4 .35- 101-0000-219.23-00 03/OS/2015 FEB LTD PREMIUM 643900 03/2015 2,226.35- 101-0000-135.00-00 03/OS/2015 FEB LTD PREMIUM 643900 03/2015 24 .98- 03/OS/2015 167547 SUBURBAN RATE AUTHORITY 19070 2,400.00 101-0220-415.43-31 02/26/2015 MEMBERSHIP 2015 03/2015 2,400.00 W 0p /OS/2015 167548 SUBURBAN TIRE WHOLSALE, INC 19229 880.46 101-0000-143.00-00 02/26/2015 TIRES 10131214 03/2015 511.62 101-0000-143.00-00 02/24/2015 TIRES 10131171 03/2015 368.84 03/OS/2015 167549 STANTEC CONSULTING SERVICE, IN 19362 608.00 405-0005-415.43-30 03/03/2015 ROOF R�PL PROJ 882258 03/2015 608.00 03/OS/2015 167550 T.K.O. WINES,INC 20167 219.60 609-0000-181.00-00 02/23/2015 FEB-WINES 03/2015 219.60 03/OS/2015 167551 TYLER TECHNOLOGIES, INC 20180 4, 125.00 409-0000-415.45-60 02/19/2015 FINANCIALS CONFIG SETUP 025117536 03/2015 4, 125.00 03/OS/2015 167552 TRADITION WINE & SPIRIT 20183 486.00 609-0000-181.00-00 02/27/2015 FEB-WINES 4890 03/2015 480. 00 609-9100-415.42-21 02/27/2015 FEB-FREIGHT 4890 03/2015 6.00 03/OS/2015 167553 UNIQUE PAVZNG MATERZALS 21001 3, 898.70 601-7500-415.42-22 02/20/2015 COLD MIX-WTR BRK REPAIR 3145,146, 147,48 03/2015 3, 898 .70 03/OS/2015 167554 UNITED STATES POLICE CANINE AS 21058 110.00 101-0440-425.43-37 02/25/2015 K-9 CERTIFICATION 03/2015 110.00 03/OS/2015 167555 WONDERLIC, INC 23013 381.25 101-0221-415.43-30 02/25/2015 WEB ADM FEES 6369598 03/2015 381.25 03/OS/2015 167556 XCEL ENERGY 24002 16,364 .33 101-0665-435.43-38 02/18/2015 UTILITIES 446049017 03/2015 16,337.22 PREPARED 03/OS/2015, 16:12:27 A/P CHECKS BY PERIOD AND YEAR PAGE 12 PROGRAM: GM350L CITY OF FRIDLEY FROM 02/23/2015 TO 03/06/2015 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0666-435.43-38 02/25/2015 UTILITIES 446845441 03/2015 27.11 03/O5/2015 167557 YALE MECHANICAL INC 25003 4, 877.60 101-0660-415.43-40 02/27/2015 BOILER SERVICE CALLS 156203 03/2015 2,038.65 101-0660-415.43-40 02/27/2015 JAN MAINT SERV 156489 03/2015 2,838.95 03/OS/2015 167558 ASPEN MILLS INC 1161 194.55 101-0550-425.42-17 03/O5/2015 UNIFORMS 161171,172,1484 03/2015 194.55 03/OS/2015 167559 STANDARD INSURANCE COMPANY 19063 5,006.80 101-0000-219.12-00 03/OS/2015 FEB LIFE PREMIUM 643900 03/2015 2, 685.37 101-0000-135.00-00 03/OS/2015 FEB LIFE PREMIUM 643900 03/2015 65.75 704-0000-219.12-00 03/OS/2015 FEB LIFE PREMIUM 643900 03/2015 4.35 101-0000-219.23-00 03/OS/2015 FEB LTD PREMIUM 643900 03/2015 2,226.35 101-0000-135.00-00 03/O5/2015 FEB LTD PREMIUM 643900 03/2015 24.98 DATE RANGE TOTAL * 601, 130.51 * W � � CITY COUNCIL MEETING OF � P�� March 9, 2015 BUSINESS LICENSE LIST Temporary Liquor Totino Grace High School Public Safety.Director 1350 Gardena Ave City Clerk Christopher Beach,Applicant Fundraising Event 4-25-15 Fridley Lions Homer Melton,Applicant Softball Tournament June 19-21 7000 University Ave(Community Park) Fridley Lions Homer Melton,Applicant Fridley 49er Days Festival June 26-28 6249 7`"Street NE, (Commons Park) 40 ` AGENDA ITEM � � Fridley CITY COUNCIL MEETING OF MARCH 9, 2015 LICENSES Contractor T e A licant A roved B Home Ener Center HVAC Diane Mo er Ron Julkowski, CBO Janeck Plumbin Services HVAC Dave Janeck Ron Julkowski, CBO Gilitiuks Heatin &Coolin HVAC Tim Gilitiuk Ron Julkowski, CBO B.A. Dorweiler Services HVAC Shannon Strabel Ron Julkowski,CBO Friendl Home Services HVAC Ja Rol Ron Julkowski,CBO Jane Sharkey Commercial or Jane Sharkey Ron Julkowski, CBO S ecial True North Tower Commercial or Michael McIntire Ron Julkowski, CBO S ecial D&J Construction LLC Commercial or poug Todd Ron Julkowski,CBO S ecial Northwest Mechanical Services Gas Srvc Rodne Albers Ron Julkowski, CBO Northwest Mechanical Services HVAC Rodne Albers Ron Julkowski, CBO Northwest Mechanical Services Oil Services Rodne Albers Ron Julkowski, CBO Amana Construction Inc Commercial or Mike Blomquist Ron Julkowski, CBO S ecial Cobeck Construction Commercial or Derek Cooper Ron Julkowski, CBO S ecial 41 = AGENDA ITEM Fridley CITY COUNCIL MEETING OF MARCH 9, 2015 LICENSES To: Walter T. Wysopal, City Manager Mayor and City Council From: Scott Hickok, Community Development Director Deb Biorn, Rental Property Inspections Date: March 4, 2015 Re: Annual Renewal of Licenses AGENDA ITEM CITY COUNCIL MEETING Attached is a list of 9 properties that have submitted a rental license application,paid all fees related to license renewal, and completed the rental inspections process. The Rental Property Inspections Division of Community Development recommends that the City Council approves the issuance of the rental licenses for these properties. 42 Ready for Certificate The properties listed below meet the rental property guidelines according to Chapter 220 of the Fridley City Code Property Id Property Address Units Owner 1158 5339 4th St. NE 2 William Reynolds 1160 5401 4th St. NE 3 Heung-Ping Chung 1161 5419 4th St. NE 4 Rashad Badae 1177 1050 52nd Ave. NE 17 KJ Management 1180 1170 52nd Ave. NE 17 KJ Management 1351 7345-47 Evert Ct. NE 2 Tim Olson 1676 1655 73rd Ave. NE 1 John Estes 2302 81 Alden Circle NE 1 John &Jennifer Snider 2301 1601 N Innsbruck Dr. (150) 1 Sheila Bennett Kilander Total Certificates: 9 43 � AGENDA ITEM ,, �Fna,ey CITY COUNCIL MEETING OF MARCH 9, 2015 ��r Date: March 2, 2015 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie lones, Planning Manager Stacy Stromberg, Planner Subject: Public Hearing for Rezoning Request, ZOA#15-01,Alliant Engineering, Inc. for 5300 Central Avenue and 5400 Central Avenue NE INTRODUCTION Alliant Engineering, Inc., on behalf of the property owners of 5300 Central Avenue (Super Stop) and 5400 Central Avenue (Embers) is requesting to rezone their properties from C-3, General Shopping to C- 2, General Business. The impetus for the rezoning request at this time is to allow the redevelopment of the property at 5300 Central Avenue. � . �.. _ ..i �� q ° ��"�� " � �� The current zoning of C-3, General Shopping imposes ��- ' � k < � several requirements that make redevelopment of the sites � � � �� . . «.�, �`� �� difficult.The minimum lot size required for a C-3 district "?� „ �� ,'" � � " ;;; �; property is 35,000 s q. ft., whereas the minimum lot size y ,�.�,�> �:�� # � � . �� required for a G2 district is 20,000 sq. ft. The property at R - 5300 Central Avenue has a lot size of 29,441 sq. ft. and the .�� ' � � �� property at 5400 Central Avenue has a lot size of 31,423 sq. '�`� "� � �� ft. ��,` � ��" Both parcels are more suitable for the G2, General Business � i � ; �"�' �' ,�`"� d� .��<: �; �� zoning than its current non-conforming zoning of C-3, t� General Shopping. �x+• �� 5,.� �[��► , .' �r� :� 'J �- n-='=-` -��,. '�g PROPOSED PROJECT �� "� � �"� �:ti�h "� °'� Starbucks Coffee is on board to lease retail space on the ��,w� �� ` q� � �_��,� �; 5300 Central Avenue property, so the property owner, Mr. �� ''�� `'�"� � �.�; � � Hussain and his representatives have designed a site plan ��'�°� -� that will allow for the construction of a new retail building. The existing gas station, fuel pumps, canopies and underground tanks will be removed, per Minnesota Pollution Control Agency regulations. The new multi-tenant building is proposed to be 6,048 sq.ft. in size. Starbucks will occupy 2,200 sq.ft. of the building space and have a drive-thru, and the remainder of the building will be shell retail space for additional users. 44 The project as designed will require the City to deem the 80 ft. right-of-way east of the 5300 Central Avenue property excess and authorize sale to that property owner. The City's Public Works Director has indicated that this short segment of right-of-way isn't needed and has been problematic for maintenance and snow-plowing, so sale of it to the owner of 5300 Central Avenue, would be the best way to approach redevelopment of this site, provided a perpetual (permanent)cross access agreement is filed to allow Embers full access through the site. PLANNING COMMISSION RECOMMENDATION At the February 18, 2015, Planning Commission meeting, a public hearing was held for ZOA#15-01. After some discussion,the Planning Commission recommended approvat of rezoning,ZOA#15-01, as it's an overall better fit for the size and location of the properties. THE MOTION CARRIED UNANIMOUSLY. UPDATE SINCE THE PLANNING COMMISSION MEETING The petitioner, Embers and the City are still in the process of developing a site plan that all parties can agree on for access in and out of the site, The petitioner and Embers would like to have two full access intersections(the ability to come in and out of both access points),while the City would like to see a one-way loop throughout both properties that allows access into the sites on the eastern entrance off of 53`d Avenue and the exit off the western access. The City's preferred plan is not acceptable to Embers, so since the Planning Commission meeting all three parties have been working to develop an agreeable site plan. We are getting close to an agreeable site plan for all parties involved. Staff anticipates that we will bring an action before the City Council on March 23, 2015 to declare the 80 ft. right-of-way excess and authorizing the sale of the excess right-of-way to the 5300 Central Avenue. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council hold a public hearing for Rezoning Request, ZOA#15-01. 45 City of Fridley Land Use Application ZOA#15-01 February 18, 2015 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Alliant Engineering, Inc. The petitioner, Mark Kronbeck with Alliant Mark Kronbeck Engineering, Inc. is requesting on behalf of the 233 Park Avenue South, Suite 300 property owners of 5300 and 5400 Central Avenue. Minneapolis MN 55068 to rezone the properties from C-3,General Requested Action: Shopping to C-2, General Business. Rezone (2) parcels to C-2, General Business SUMMARY OF ANALYSIS Location: City Staff recommends approval of this rezoning and 5300 and 5400 Central Avenue NE subsequent master plan request. Existing Zoning: • Rezoning brings both lots in compliance with lot C-3, General Shopping size requirements. Size: ■ Rezoning will allow redevelopment of the gas 5300 Central = 29,441 sq. ft. .68 acres a station site. 5400 Central = 31,423 sq. ft. .72 acres �� •�� • ��`�� ` -�� s�� : � �� y�� ^a T Existing Land Use: � �� °�� .� �� ; ' ,i �.� .� "�� , �., . � Gas Station and Embers Restaurant � � �`;'�' �� „ �� €�;� ,��v� � ^� 4 � Surrounding Land Use&Zoning: ��, �� N: Pawn America &C-3 � � � �� `:"" �� `�`�� E: Central Avenue& ROW �, ��,�� '�'�, �J �-�"� �� ?��,�,� ..�. ,:�r � ��.1;�� . j S: Commercial user& Columbia Heights � � ��e��` � ��h a�r. , � � � �:R E �. W: Restaurant & C-3 � �� .�` �� Comprehensive Plan Conformance: „� � � ,,t,�� '� � � � � Future Land Use Map designates these (2) �� 5 . . �, ; �� parcels as Redevelopment. �, -� Zoning History: , � �, �� `'� ��, . �� 5300 Central Avenue �� ,; `:� 1953—Auditor's Subdivision recorded. i ��` � 1966—Service station constructed. �� ,�„ � �� .� � �� ` � .- � 5400 Central Avenue 's� �� ` �s� �� ;� ' � � 1953—Auditor's Subdivision recorded. ��,'�,. �,�- ��.,� � � �, � �� 4� . 1965—Existing restaurant constructed. �.�� ,. ��°�� , � , , � � � Legal Description of Property: � ��,a�,a�� a a�5�� — �.- x t ,.„,� , See attached is packet. �� I Public Utilities: -� � - � �� ' " � ;�'�`a��A�.r�`��,:,; � �.� . ��';„ ��",: -n .. Both building are connected. Any new �� - " building will also be connected. Utilities are Aerial of Site available in the street. CITY COUNCIL ACTION/60 DAY ACTION DATE Transportation: City Council (Public Hearing)—March 9, 2015 The site is currently accessed from 53`a 60 Day Date—March 16, 2015 Avenue and a portion of the Central Avenue 60 Day Extension Date—May 14, 2015 Service Road. City Council(15`Reading)—March 23, 2015 Physical Characteristics: City Council (2"d Reading)—April 13, 2015 Buildings, hard-surface drive and parking Staff Report Prepared by: Stacy Stromberg areas,with little landscaping. 46 Land Use Application Rezoning, ZOA #15-01 RE UEST Alliant Engineering, Inc., on behalf of the property owners of 5300 Central Avenue (Super Stop) and 5400 Central Avenue (Embers) is requesting to rezone their properties from C-3,General Shopping to C- 2, General Business.The impetus for the rezoning request at this time is to allow the potential redevelopment of the property at 5300 Central Avenue. The current zoning of C-3, General Shopping imposes several requirements that make redevelopment of the sites difficult.The minimum lot size required for a C-3 district property is 35,000 sq.ft.,whereas the minimum lot size required for a C-2 district is 20,000 sq.ft.The property at 5300 Central Avenue has a lot size of 29,441 sq. ft. and the property at 5400 Central Avenue has a lot size of 31,423 sq. ft. Both parcels are more suitable for the C-2, General Business zoning than its current non-conforming zoning of C-3, General Shopping. SITE DESCRIPTION AND HISTORY • -- — -- � � .., � . , The sub'ect ro erties are located on the northwest �� " � � �_� .. � � � .> corner of Central Avenue and 53'd Avenue,on the ��"� ��,_�� '�- � � � �� • ,�� . �� southern edge of the City. They are zoned G3, General ,,�.��_ ,�� '�„ '� � � � � Shopping. The existing gas station was constructed in ��;;;, � �� _�°'��`�.� � �� I � _ __ �,_�.� � _ _ ��,�,�� . M 1966 and the restaurant building, which is now Embers, " rv° �fi.r,�� was constructed in 1965. At that time, both properties � ��,�� ;� j ��- � were zoned C2-S, which was also called a General �, .�� ` �� ! �� saoo ".Y. � � . Shopping zoning district. When the properties were ��. ;� . ` ' S� developed in the 1960's, both uses were allowed by y� ' ri ht where current code standards would re uire a ��' � ` �� g , q �� .°�� . � E�� special use permit for a gas station use. The properties � ^�� `'� have consistently been used as a gas station and � � f��"''� :�. ` ` � � � ' �. „ � 3 t 41 � zes � �� t .(s9ao FP�if�� _y� restaurant since they were constructed. � �j "� ��' � �j� , '"a+�+` ;q'�'a.. �,�,' � ! t ° .t .. �.�,w� sw ��. � It f � x°� ' '. �: �.w.�� ;, :Yi , ��-,i.r In 1981 the State of Minnesota filed a quit claim deed to �- -°'�"'�"� �` � ': ��:�:; '! ' �' r�^.�::t�s�r� .: , , � �.,;r�.�� t� � the City of Fridley for an 80 ft. piece of right-of-way �, ,�,,, �-,.� ;, :, directly east of the 5300 Central Avenue that was right- � �' � +� �� `�' �� r of-way for Central Avenue. The State determined at that time that they no longer needed it; so as a result, it became City right-of-way. AN LAYSIS The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan's 2030 future land use map designates this area as "RedevelopmenY'. The property owner of 5300 Central Avenue Ali Hussain and representatives for him have been working to get this property redeveloped for some time. Periodically over the last year,they have met with City staff to go over code requirements and to give staff updates on potential clients. They have recently secured a tenant,Starbucks Coffee Shop, and as a result, have submitted the rezoning request. Staff suggested to the property owner and petitioner that since this property is non-conforming in relation to lot size, the best option for redevelopment would be to seek a rezoning from C-3, General 47 Shopping to C-2, General Business. The other option to allow redevelopment of this site would be to ask for several variances, such as Iot size and setbacks,to be granted. In order to grant variances, practical difficulties need to be identified on the site. Rezoning of these parcels based on their location and size, is the most practical approach in this case. The C-2, General Business zoning allows for smaller lots sizes, reduced setbacks, and a variety of retail type uses. Whereas,the C-3, General Shopping zoning district is more fitted for large box type retailers, like Target and Walmart,or shopping centers that require larger lot sizes and setbacks. In order to accomplish a successful rezoning and avoid "spot zoning", it was determined that Embers needed to also be part of the request. The petitioner and staff talked with Embers, and since their lot is also non-conforming,they determined it would be beneficial for them to ask for the rezoning at the same time as the 5300 Central Avenue property. All the turn-back type parcels within the City, which are those lots along major corridors; that have roadway all around them are zoned C-2, General Business. Though these lots don't have roadway all around them,they are small parcels located along a major right-of-way, with a frontage road to provide access. The small lot sizes of these parcels tend to require a commercial zoning of C-2, General Business, to allow development on smaller lot sizes. The rezoning of these properties is consistent with the trends already seen along the major corridors of Hwy 65 and University Avenue within Fridley. PROPOSED PROJECT With Starbucks on board to lease retail space on the subject property, Mr. Hussain and his representatives have designed a site plan that will allow for the construction of a new retail building. The existing gas station,fuel pumps, canopies and underground tanks will be � i ; , removed, per Minnesota � ��°�� ,--_-___ Pollution Control Agency "`�� -' /`' � ,��, ; f�'° �,�- '�----- � .,..<.., �,�.�,�..�x. y � wr � .�ww..� .. ,.,_�� , �vs � ';� __ regulations. The new multi- ,� � , �� , , "'a rueMC M +� k I ..'.�,• tenant building is proposed to �=� - �x �- yI �i=p� .1 `I be 6,048 sq. ft. in size. � ' _ `� � ' � , --�.-- . „ . � r Starbucks will occupy 2,200 sq. i' � � `� ,��-� ' ' A � ,�< a�; � __ _ � � ft. of the building space, and " � ' �' °�° ` � �' ! - ?' :..�, , ,_ ��...a«. -1- <�� , �.�,�._ . � �., -B-�i the remainder of the building <„�„_� , -'.:�;� .. �� - x�.� will be shell retail space for e� ..�..,P- � .; t} " , "—''; ��,,: , �_ .�. , � � ,...., additional users. The Starbucks ""��.� -.:__ ' , _ � „,"u"° � "" "°" -� �� ' - will have a drive-thru that � "�, . �T MnL °-�, _f� yi�� allows stacking room for 13 ��,.�� 1 - rn - ,-��. ��'j:y� _ �_ .: ,.� ' , — vehicles, which was designed to __�_ -.�•.. _ _ •_ .��µ�� _ ___ �__1_. not interfere will eo le ' ` . °"`"; ' "`" , .K.F.�_ n p P jA ; � �\;^� S3RD AVfNUE A�E t,�e�'�; entering/exiting and parking on site. The Starbucks national average for drive-thru stacking is 11 cars, so this lane should provide adequate space to not impact other users on the site. The new multi-tenant building will be a wood framed structure with aluminum storefronts and multiple exterior finishes, including glass, thin brick, decorative CMU block and EIFS. The exterior will also include decorative and functional wall lighting. Canopies will cover the entrances and a comprehensive sign plan will be adopted to allow a consistent sign package. An outdoor patio will be provided on the southeast end of the building for the Starbucks and new landscaping will be installed. The project will also be required to meet any storm water regulations set forth in Chapter 208. 48 � -�r�-rc � . C : . 'e�r .. � .t'�C , � L c-^h'.�_�l r '" . . ., 7C*txlr5iwi ry.i..�.c. � :.'VNC ^"- ,.�MO'iMYCPS'*_ �- . m"h'. .-FM+tS'� �:..M a! '.,;4rr W .. '�t:; 1_' �TT.�t}tP l=�L". � ILM. `eLMNK. :s�-d ' K , �� A!.1.� J, � 4yMY.[5 , ' . _ . . :.:��h eUe � �I'n6ti.['T.r s-'*"" ` ' 7ENANT TEi�1Rh1T , '""°"�< .�R;. . < ,..a,� ,�,� ..,�.� r �� , . - �, , rC'.V�f'OMi ..... ,.., �;.; � + � . _ . __. .... �. .. .... t F * . ...�:v,'a t ..__ .u.D�.Y � � f-4]IF N..T � ( i � ��'� 1 E a � .e'i' �` . nhR' �w♦ � � . � - ,, � , �� , , �-�.� -;. � � ; � . , � � �;--: __— __ . . y •:.i .��v�.a•R ^�ea:. .�-rtat�ry axcxn.�.c ocav.'.R � c:<.w�k.t u+ . . �c �,*rx , ry.Rt¢ a�wti �r� :F! .x. �:.t?A♦ Y�+E°M' 'Y. �wa� CS . . , r.- : .: . . , n,. The project as designed will require the City to deem the 80 ft. right-of-way east of the 5300 Central Avenue property, excess and authorize sale to that property owner. The City's Public Works Director has indicated that this short segment of right-of-way isn't needed and has been problematic for maintenance and snow-plowing, so sale of it to the owner of 5300 Central Avenue, would be the best way to approach redevelopment of this site, provided a perpetual (permanent) cross access agreement is filed to allow Embers full access through the site. The City hired Bolton & Menk Engineers and Surveyors Inc., to do a traffic analysis of the 53`d Avenue and Central Avenue intersection as well as a segment of 53`d Avenue down to the intersection of Target and Medtronic. This section of right-of-way is scheduled to be resurfaced within the next few years, so the City determined it was beneficial to complete the analysis at this time. What came out of that analysis is that the Central Avenue and 53`d Avenue intersection performs at a failing level of service in the PM peak hour. In addition, while the crash rate is slightly lower than the statewide average for 53�a Avenue, the crash severity rate is roughly four times what would be expected in a typical similar roadway. This means that most crashes are likely side-on collisions and include left turning movements. Based on the completed traffic t �'"�"� .. . :� ��a s^�•�^ analysis, the site plan as designed � ' �� _ -*i --��, which allows (2) access points in and ' _t0 out of the site, where vehicle � �� movements can enter and exit from 60 w ' 9 —,�'"-h both points on the site is a � � ,.�p e• discouraged. Though this _.--F----- entering/existing situation exists �� m � — today, when the City is Iooking at ` T �'� � �.' 6.t1�� $ 36 5 A .S�� allowing redevelopment of a . � F,� property, we need to do our best to � � �:-� •,,;�� correct a bad traffic pattern. As a � ��I"�"� � �� result, both the traffic analysis and � '�f � ;� : � "t�� ...m � .�,� City staff are suggesting that the �'•,• , proposed (2) access points remain, � '�`=," � •� •�+ ,, however a one-way loop through the site, that will also allow access ��,,,,,� through Embers. See plan to the �°�� right. � This new access arrangement is still not perfect, and the intersection will still continue to function at the Level F, but short of constructing a center median along 53�d Avenue,to restrict complete left turn movements out of the property,this is the best option to allow redevelopment of this site. 49 Over the last several years, different property owners and developers have come to the City to consider redevelopment of other parcels within the northwest quadrant of Central Avenue and 53�d Avenue. � " �� '� � '�t°; � Some of them have contacted the . .� < � �.� ��. v�'��F °�6vy.A � � adjacent property owners to see if there � �`� 4�P�"E 5 x was interest in selling their property, so "�r°�� the quadrant as a whole could be � �v �� ., ' ``��,�;,� � "-'�� , redeveloped at the same time. '�`�� "` � Redevelopment of the whole quadrant at �� y '. �'� � ' ` ` � the same time would be the most ideal � �` � �. � �',�., � rr ,. �.�� ,� �H�, �� ; � ��;� � �� situation as it would help resolve the °" � � �`��''��:�� `� � �� 1 traffic congestion for the intersection and � _ `" '�� ' ��i.;�� '�;�� {�` r��; I s ' access issues for the subject properties. � ,� , � �.. � �,,� y' � � � � � �� '� �fl-.,� �>. � �� `� � �' _��..�af��, � ,�,-�� `� ' ��: ,�� ,� �� There hasn't been enough interest from � �� ,�` �' _ �� r,��•� s�� ' � ` �� all the property owners to make this �� ;�., � - � redevelopment option happen. As a � �k_ �:� _�-- _,U �� -�`� . � f: ; �� ; �°� �°� `��y��r �y .�• � � 'r.' ` result, the City has to consider the r�iS Ah � � K �� '� � � � � �- � � ,� ' � i _ request for redevelopment that is before � � . � �� _��'�� 5p0O � � ��,' � = ; � � � us at this time, and determine the best �.a` � , , : � ,� �;,� �� ` �� ' �� way to accommodate the redevelopment �� , �� ,_ �� without creating further impacts. � �� .+ra�.�. ;'.9�� .� ,�� ." � �" �-� � _y �,:: ..� ',, � � � � � ' � � �" �'�""`��' � � Staff recommends the rezoning of these �r Y - ' �ss� � � � � s � � � �,�, � ��. � �� ,�� _ ; 5 �� two properties to G2,General Business � �� . =ti � � -" �' �� °'�� because it's an overall better fit for the � �,� �,�,��. , �� ,, �. � � �-.,,�� . a�� .� size and location of the properties. � . � rve � �.�-... ', ��r;��; » ,� � � s�RO avE Ne=� � � ��.� ;��a� � � :; � �; �s� ; ,� �� '»g ,�, a� �„,� �. .r„ �; a^�* � + ,�-��° t a-��,��' _ � 9 � � ��: '''� `��" , � �� , � � � When a site plan is developed that all ��.,, � � �.--;�..��" e � . ,�'� _`�i�=� �,� a parties can agree on, specifically related to access in and out of the site, then staff will initiate before the City Council an action to declare the 80 ft. right-of-way excess and authorizing the sale of the excess right-of-way to the 5300 Central Avenue. If a site plan can't be agreed upon, ownership of the City land area will not be transferred and redevelopment of this property won't likely happen. STAFF RECOMMENDATION City Staff recommends approval of this rezoning request. ■ Rezoning brings both lots in compliance with lot size requirements. ■ Rezoning will allow redevelopment of the gas station site. 50 r rt Ezhibit"B" Sign Criteria("Sign Criteria") - - _ -- ----- - -- - --- - - Tenant shall,prior to the Rent Commencement Date of ttie Lease, sha11 install a lighted storefront sign("Storefront Sign")as approved by both the local ordinance(s) of the City of Fridley,MN ("City") and Landlord's Sign Criteria as set forth herein in tlus Exhibit B. In such areas or instances where Landlord's Sign Criteria may differ from the City sign codes and ordinance(s), Landlord's Sign Criteria,where more restrictive, shall prevail over the City. At least thirty(30)days prior to installation of Tenant's Storefront Sign, and prior to the manufacturing or fabrication of Tenant's sign,Tenant shall submit scaled,colored drawings("Sign Drawings")to Landlord for approval as detailed below herein. Landlord shall have five(5)days to approve Tenant's sign and return drawings signed by Landlord as approve�. If Landlord does not approve the Tenant's Sign Drawi.ngs,Tenant must re- submit the Sign Drawings with the necessary changes in order to conform to the Sign Criteria. Landlord sha11 have five(5)days to review the resubmitted Sign Drawings. This process sha11 repeat until Tenant's Sign Drawings conform to the Sign Criteria and receive written approval from both the Landlord and then the City. Tenant is solely responsible for, and must obtain,a sign permit("Permit")from the City prior to fabrication and installation of Tenant's sign after receiving Landlord written approval. I. General Requirements A. All Storefront Signs shall be affixed to the Tenant's storefront on an approved raceway in the area designated by Landlord, at Landlord's sole discretion, as Tenant's sign area(s)("Sign Area"). Storefront Sign is restricted to Tenant's retail market trade name that is integral to the primary retail service of Tenant and approved by Landlord.Tenant logos,if any, shall be considered on a case by case basis per Section II herein at the sole discretion of the Landlord. Landlord shall determine the appropriateness of Tenant's sign based on,but not limited to the following: size, scale, color,location,compatibility with other tenants,materials, height,and style. B. All sign transformers,and power supplies must be placed inside of the raceway.All electrical connections and decals shall be concealed behind raceway or hidden inside the raceway.All signs to be connected to a photo cell.No timers allowed.Manufacturer's names, stamps and decals shall not be exposed.There sha11 be no expose conduit. C. All letters or approved logos must be mounted on the raceway as specified herein. 51 D. No exposed neon or incandescent bulbs or flashing,blinking, rotating or moving signs shall be permitted. Signs shall not make or emit and sound or noise. E. No Storefront Sign shall be of a type wherein the signing is housed or contained within an illuminated or non-illuminated"sign can" or"sign box"or a"box mounted" sign,unless elcpressly approved by the Landlord in writing as per Section III of this E�ibit at Landlord's sole discretion. � F. Sma11-scale signs stating store hours,which are neatly lettered on the glass of the Tenant's storefront, shall be permitted only subject to Landlord's approval.Any non-customer door for receiving merchandise may have the name of the Tenant in two inch(2") block letters. Address signs sha11 be composed of four-inch(4") high(maximum)Helvetica style wlute letters centered on the transom glass above the door or such area as required by the�City of Eagan. G. No sign shall be painted on the exterior of the Shopping Center wa11 or Tenant's storefront,doors, windows or any other surface of the Demised Premises or Shopping Center,nor on the roof or parapet of the Premises or Shopping Center. H. No sign shall be erected until written specifications and drawings of such sign are first approved in writing by Landlord per Section II(F)below herein. Such specifications and drawings shall show the size, construction,materials, colors, script,name of sign manufacturer and proposed location of such sign in conformity with the requirements stated herein and shall include a cross section drawing. I. Tenant's signature or logo,hallmark, insignia or other trade identification will be allowed within the guidelines set forth herein and must be approved by Iandlord at Landlord's sole discretion in advance in writing. J. All signs erected by Tenant pursuant to the provisions herein sha11 be erected at Tenant's own risk and expense including: final materials, fabrication, delivery,installation, labor,pernuts, electrical connections, and photocell(s).All labor and materials and installations sha11 be in accordance with applicable State and municipal law(s) and code(s). Tenant sha11 secure and pay any necessary permits and fees at Tenant's sole cost and responsibility. Tenant shall maintain said signs in a good sta.te of repair and save 52 y. S the Landlord harmless from any loss, cost, or damage as a result of the erection,installation,maintenance, existence,and removal of Tenant's sign. Tenant shall maintain and repair any damage to Tenant's sign.Upon vacating the Premises,Tenant shall remove Tenant's sign(s)and repair all damage, and marks, if any, caused by such removal to the satisfaction of the Landlord at Landlord's sole discretion. The contractor,materials, and methods for repair must be approved in writing by the Landlord in advance of the work. K. All electrical hook-ups sha11 be performed by a licensed electrieian, approved in advance by Landlord and installed in accordance with all Sta.te and municipal code(s). Connection to Tenant's electrical panel sha11 include a photo cell.No timers allowed. L. Any damage ca.used to Landlord's Work by Tenant's sign installation or removal not repaired by Tenant shall be repaired by the Landlord and charged to the Tenant. Tenant shall reimburse Landlord within thirty(30) days of such repairs made by Landlord on Tenant's behalf. M. Required public safety decals or signs on glass in minimum sizes required by Federal, State or municipal code(s)or law(s)aze allowed. N. Prolubited Exterior Sig,�s: Paper, cloth,vinyl, cardboard,or plastic signs. Stickers,banners, flags or any other type of material(s) designed to generate attention. Signs that flash,blink,pulsate, rotate,move,change intensity or color. Signs that have moving parts, or reflect,or flutter.Roof signs,bench signs, sidewalk signs (saridwich boards), awning signs,or canopy signs. Signs that sit on the ground. O. Window Sig�ns: Window painted signs sha11 be professionally a#�xed by a licensed sign painter and approved in advance in writing by Landlord at Landlord's sole discretion. No window sign sha11 be displayed for mor�than sixty(60)days and must receive prior Landlord written approval at Landlord's sole discretion.At no time may more than twenty-five percent(25%) of Tenant's window be covered in signs. All interior window signs or banners must receive prior Landlord approval at Landlord's sole discretion.No window sign sha11: flash,blink,pulsate,rotate, move, change intensity,or change color.No window sign sha11 have moving parts,reflect or flutter. 53 II. Specific Requirements A. Tvne -Individually lit channel letters with translucent front(s) mounted on a raceway that matches the exact exterior Storefront Sign Area color. Ra.ceway to be one foot and six inches(1'-6") deep with a maximum height of seven inahes (7"). Raceway must be constructed from aluminum and approved by Landlord prior to fabrication and installation. B. Size-.Tenant's sign(s)may include upper and lower case letters, letter strokes or characters, and punctuations("Letters")and logos subject to prior written approval of Landlord at Landlord's sole discretion. Such Letters shall not exceed 36"in height if available in Tenant's Sign Area and shall not be less than 12"in height. Letters for two (2)lines of copy shall not exceed 36" in height. The size of the Tenant's sign and the Letters aze subject to Landlord prior written approval as stated above and below herein and the City and must fit within the overall Shopping Center's pro-rata allowance as approved by Landlord. C. Sig�,Placement-The sign shall be placed on the Storefront in the Tenant's Sign Area as shown on the attached Sign Area diagram herein and not exceed maximum square feet of the City per tenant or The Shopping Center's overall pro-rata allowance as approved by Landlord. Base line and center line of sign to be located by Landlord and/or Landlord's Architect and must be contained within Tenant's Sign Area D. Colors and Materials 1. Acrylic face colors must be pre-approved by Landlord with dazk bronze trim cap and dark bronze returns. 2. LED's color to be red,white,green or blue no multiple color or color changing LED's are permitted 3. Sign letter(s)or characters shall have aluminum channel returns(minimum.050)with flat or molded plastic face and mounted with dark bronze trim cap concealed fasteners. Channel returns sha11 be painted dark bronze as specified by Landlord. All letters shall be illuminated with LED's powered by normal factory transformers installed in raceway.All letters sha11 be approved by Underwriter Laboratories (`ITL") and cazry the UL seal of approval. 4. Upon sign installation, all penetrations made to the exterior 54 Storefront must be caulked with a polyu.rethane based product called Sonnelastic 150 or Sonneborn NP1. Any alternative products must be approved by Landlord. 5. Sign raceways sha11 be attached to building with stainless steel bolts,washers,and nuts. 6. As part of Tenant's electrical work,Tenant shall install a photo cell to control hours of illumination in accordance with the overall Shopping Center's policy determined by the Landlord at Landlord's sole discretion.No timers allowed. E. As described above herein, one(1) complete set of scaled sign drawings with detailed dimensions must be submitted to the landlord for approval before fabrication and at least thirty(30) days prior to Tenant's Rent Commencement. Tenant's sign drawings must include the following: 1. Provide a complete listing and verbal description of sign(s) to be erected on the Premises. 2. Provide elevation views of storefront showing a11 signs (drawn to accwate scale)with dimensions of heights of Letters,logos and length of sign(s). 3. Provide a cross section view through sign letter and sign panel showing location of sign relative to the Storefront li.ne,mounting height,and the dimensioned projection of the face of the letter from the face of the sign panel. III. Miscellaneous Provisions: Landlord shall not be responsible for the cost of re- fabrica.tion of signs fabricated,ordered,or constructed that do not conform to the Sign Criteria and the City code(s). The Sign Criteria may be amended from time to time by L,andlord and Landlord's sole discretion. Deviation(s)or variance from this Sign Criteria E�ibit is not allowed except with the expressed written approval of both the Landlord and the City. Such written approval of any deviation to the sign criteria is at the sole discretion of both the City and the Landlord and may be denied or withheld at the sole discretion of both the City and the Landlord.Any approved deviation or variance of the Sign Criteria for the Tenant does not change any aspect or portion of the Sign Criteria in this Exlubit for any other Tenant or the Shopping Center. Deviations or variance approvals are arbitrary and made on a case by case basis at the sole discretion of both City and the Landlord. Any nonconformance with tlus Exhibit B shall result in a Default of the Lease and Lease Default provisions sha11 be enacted and enforced per the terms of the Lease. 55 i G ra� (6) � A � 1 (�/1�J] ! 4 ! i �� V �`�'�' {�yN p,pr��s�p_,,J7� ��p�y��ye.w caMCe Fl.wr� td�•ld�i� 1! � '�S— n�1mC..Ae� � \��i ro� �re��leneeie��H#PtK��, \ � �.wn�" {� {�. 1 m � pMS,irf . 1"bnIKNMhL s1M1Afk cte - � . {, I. � II� � . � P � RV �� 'p� i � ,_.�: �::: ��,aw� �-�,k��u: �� e-� ��'� _ { = v .�° h . : .�' "° : : . , _ � = � �. �«�— � ,�� . �z � �� _ . . , ,; _o.�.,.,, � � � ' � �r � — � �+ � � � ��=�, � _ �� fLFMMtlV:IUlt ��e't� 9 �'y �'i!l t L •� �kr?r� fOfER� NL\b! � 3 $'^"" G �:sp� . �. � tf. —�ql ,t . +.• O�fA4RAPL I ��OtQ�1MlWf I . " _ � . p MIiMl01 Mll (d[w� � TNM °ILC MIIJIElM N— ._ . � . N� �IbILVOOGR p�pp�A t{y�LHI WYLTlY��V�TItlIMI�OJI'1 I IIa111116PM�Mp � . . /Id•GOICIIA 60'4'.. . TI1lMMII+MOOII! � �� 91�!' I .�e�.'�._ I.. 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N.r�-b..i.,F. 1T 1 WI CA[RYE ipl 91111!BmS 30D.PIN/IMD MFA9 MO NL fIQlI �i aw�c n�c aoo�ro ninw,�wwe ro a w awaa mias wm iew � '�t ``� � ,',` �, � - �I � ��rsc aerm a w*�wm w�w.maao�wrz�noncrtn �—'"'�� , � "" _ `i `_ I " � _ IXIO 0 NIE 1 ,'$ ;h� �,� `'=g � o, / � 11j 4 ��\ , �I ' _i�` _ '�� - s , � , � � , . . � . , ,, ,,, , , � — _ ._ _�.� ., , , , , , • , ; � , �, , �= s a�� __ �-d- �._ _ t,,,,, �, , �. � ss , > ,��—�se ,� _ : �, ��.� � - - -- - - --- - - L�ti�eCAPE i�4UiiF]�@II'8 a .�.. o.amarv nm:i m¢ru ioo sv av rorK euu�m *4 canrmas mexs unain av.h'�x.�o�r��u eE �� N , rn�woeoi�s. � v �/ noaer n�r a�� n�imv[o-.i��m s.ao-e mco �.�, s�es t�.ntr»+ws �V'�o�' A'S w+om r `N �- �. ..naa iar,aev�x rax ims am.,w�,n,a�w -- Par mawc � _F��,M�g,�„ptW� noa,�e: ,�«a,� w�r ar n�n x�noxr,v n[a a• � WNIMIOIR FMIM ilW W.I iFkT N Ik�WI A a�deMapw a uxn�oa wo nw�mes iwr eau�a � sao N�� o io m �o L�1.o o�vA[o-viaars�m xxnnr+e a�w�oen.s¢vwi. � 3CNE M iEET � AGENDA ITEM � ��ry°f CITY COUNCIL MEETING OF MARCH 9, 2015 Fridley Date: March 3, 2015 To: Walter Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Subject: Continued Public Hearing for Rezoning Request, ZOA#13-02,for 3720 East River Road Background City staff has asked the City Council to continue a public hearing several times regarding the rezoning of 3720 East River Road.The reas�n for the delay was to allow time for a redevelopment concept to finalize that the owner, Prime Security Bank,was working through for the reuse of the site for a funeral home.That redevelopment concept has been working through many hurdles but now appears ready to submit for building permit.Since the rezoning of the site from the current C-2 zoning to industrial zoning would have made the funeral home use difficult,the City Council had agreed to continue the public hearing until a decision was reached on that use, which staff felt was a suitable reuse of the property under the current zoning. Previous Council Action The first public hearing date was December 2, 2013, but since the owner did not have any representation at that meeting, a motion was made to continue the public hearing until the next council meeting to give the owner an opportunity to further explain their desire to delay the rezoning.The Bank then had representation at the December 9, 2013 Council meeting, where the City Council continued the public hearing to the July 14, 2104 City Council meeting to allow the Bank time to market the property under the commercial zoning. This past July,the hearing was tabled until October 27th, 2014, and then December 22, 2014 to allow time for the Hmong Funeral Home redevelopment to be finalized and plans to be submitted.The sale of the property had been delayed several times since then, but was finally completed last week, and the buyer is ready to submit their building plans. Staff has completed preliminary review of the plans and is pleased to see that the existing building will be removed, a new 8,000 sq.ft. building is proposed with new pavement and landscaping. Staff Recommendation City Staff recommends that the City Council open the continued public hearing fo�rezoning request, ZOA#13-02 and close the public hearing. Since the City staff is the petitioner in this matter, staff has chosen to withdraw the request to rezone the property at 3720 East River Road from C-2 to M-2 Heavy Industrial zoning since the funeral home use would not be a permitted use in the M-2 zoning as it is currently written. 59 = AGENDA ITEM ��* �� J CITY COUNCIL MEETING OF Fridley MARCH 9, 2015 To: Wally Wysopal, City Manager From: Darin Nelson, Finance Director Greg Kotsick, Water& Sewer Operations Manager Date: March 5, 2015 Re: Resolution Approving Waiver,Release and Covenant not to Sue with Prime Security Bank in regards to the property located at 3720 East River Road Background The Metropolitan Council's Environmental Services division(MCES)notified the City in June of 2012 about a suspicious discharge into a MCES 33" sanitary sewer interceptor near the vicinity of 3720 East River Road Northeast. On July 2, 2012, city staff discovered the discharge of groundwater in the sanitary sewer system from the property owned by Prime Security Bank{Prime) at 3720 East River Road Northeast. Upon inspection of the property, staff found that the basement was completely flooded with groundwater that Yvas draining in the floor drain leading to the interceptor. Staff performed flow testing multiple times once it became aware of the illegal discharge. The detected and verified, at peak times, a flow rate of 4 g/p/m. Staff notified a designated representative fram Prime on July 7, 2012 of the illegal discharge and that the problem needed to be corrected as soon as possible and that Prime would be charged for the illegal discharge. In August of 2012, after receiving no response from Prime, staff again spoke with Prime and notified them that flow rates had not changed and the problem needed to be corrected. The representative from Prime indicated he would speak with his superiors to implement corrective actions to stop the illegal discharge. However, Prime did nothing to correct the problem and illegal discharge continued through 2013. Staff contacted Prime's representative again in the summer of 2014 to discuss Prime's responsibility to correct the problem. Upon further inaction by Prime, staff billed Prime for two plus years of sanitary sewer service with estimated flow rates for the period time. After receiving their utility bill, Prime contacted the City and where ultimately allowed to perform a temporary fix rather than undertaking the much more costly fix of capping the improper connection and removing pipes and other fittings leading to the sanitary sewer. The temporary fix was ultimately approved since the City was aware of a potentiai sale of the property that would bring a permanent solution to the problem. Even though several flow tests were performed over the course of two years, actual discharge flows are not possible since discharge flow meters were not installed at this location, nor are flow meters a common feature for routine sewer connections. Staff believes they calculated conservative total flows over the timeframe that are justifiable; but in reality, the total flow calculation was an estimate. The City negotiated directly with Prime on an amount that is satisfactory for both parties. Prime agrees to pay the 60 City $6,000 in regards to discharge fees; and in exchange,the City agrees to provide Prime with a waiver, release and covenant not to sue for the discharge fees. In addition to the $6,000 payment for the discharge fees,Prime is responsible for the storm water and base sewer fees for the current billing period which amounts to $294.48. Prime did close on the sale of the property on February 25, 2015. Upon approval of the release,Prime will wire funds in the amount of $6,294.48 to the City. Recommendation Approve resolution granting a waiver, release and covenant not to sue to Prime Security Bank in exchange for agreed upon payment of$6,294.48 for discharge fees and current storm water and base sewer fees. 61 CITY OF FRIDLEY ANOKA COUNTY,MINNESOTA RESOLUTION NO. RESOLUTION APPROVING WAIVER,RELEASE AND COVENANT NOT TO SUE REGARDING DISCHARGE FEES FOR PROPERTY LOCATED AT 3720 EAST RIVER ROAD IN FRIDLEY,MINNESOTA WHEREAS, Prime Security Bank owned the real property located at 3720 East River Road in Fridley (the "Property") from 2012 to 2015 and, during 2012 to 2014, the Property discharged ground water into the City's sanitary sewer; WHEREAS, the City demanded payment of discharge fees from Prime Security Bank, which disputed its liability for the discharge fees; . WHEREAS, the City and Prime Security Bank have engaged in discussions regarding the discharge fees and their calculation, as well Prime Security Bank's liability for the same; WHEREAS, the City and Prime Security Bank have negotiated a settlement of their dispute regarding the discharge fees in order to avoid the expense and uncertainty of litigation over the same; WHEREAS, the City will execute the Waiver, Release, Covenant Not to Sue Regarding Discharge Fees for Property Located at 3720 East River Road and provide it to Prime Security Bank in consideration for Prime Security Bank's final payment of discharge fees and the final quarterly standard stormwater and base sewer fee in the combined amount of$6,294.48. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Fridley: 1. The City Council hereby approves and authorizes the Mayor and City Manager to execute the Waiver, Release and Covenant Not to Sue Regarding Discharge Fees for Properiy Located at 3720 East River Road; and 2. The City Council hereby directs the Finance Director to provide a fully executed copy of the Waiver, Release and Covenant Not to Sue Regarding Discharge Fees for Property Located at 3720 East River Road in exchange for Prime Security Bank's payment of the negotiated final discharge fees and final quarterly standard stormwater and base sewer fee in the combined amount of$6,294.48. 62 Passed and adopted by the City Council of the City of Fridley this day of March, 2015. Scott Lund, Mayor ATTEST: Debra Skogen, City Clerk 63 EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY Real Property located in the City of Fridley,Anoka County,Minnesota,legally described as follows: Lots 1 and 2,Block 1,Northern Stacks 64 Compromise Agreement Pursuant to the Minnesota Rules of Evidence,Rule 408 CITY OF FRIDLEY WAIVER,RELEASE AND COVENANT NOT TO SUE THIS WAIVER,RELEASE AND COVENANT NOT TO SiTE (the "WAIVER") made and executed by the CTTY OF FRIDLEY and effective upon the WAIVER DATE. Subject to the terms and conditions of this WAIVER, and in reliance upon the representations,recitals and receipt of the consideration as set forth in Article 3 of this WAIVER, the CITY OF FRIDLEY now agrees as follows: ARTICLE 1 DEFINITIONS 1.1 TERMS. The following terms, unless elsewhere defined specifically within this WAIVER, shall have the following meanings as set forth below. 1.2 WAIVER. "WANER"means this Waiver,Release and Covenant Not to Sue. 1.3 WAIVER DATE. "WAIVER DATE"means the date that the CITY OF FRIDLEY has executed the WANER. 1.4 CITY."CITY"mearis the City of Fridley, a Minnesota municipal corporation. 1.5 PRIME SECURITY BANK. "PRIME SECURITY BANK"means Prime Security Bank,a Minnesota banking corporation. 1.7 DISCHARGE FEES. "DISCHARGE FEES" means the outstanding and delinquent�municipal sanitary sewer fees accruing from and due to the CITY for the PROPERTY'S illegal ground water discharge into the CITY'S sanitary sewer system from 2012 to 2014. 1.8 STANDARD STORMWATER AND BASE SEWER FEE. "STANDARD STORMWATER AND BASE SEWER FEE" means the.CITY'S standard stormwater and base sewer fee in the amount of$294.48 charged for the period of November 20, 2014 through February 28,2015,prorated to February 25,2015. 1.9 PROPERTY. "PROPERTY" means the real property located at 3720 East River Road in Fridley,Minnesota. 65 Compromise Agreement Pursuant to the Minnesota Rules of Evidence,Rule 408 ARTICLE 2 RECITALS Recital No. 1. From 2012 to 2014, the PROPERTY discharged ground water into CITY'S sanitary sewer system. Recital No. 2. City demanded payment of DISCHARGE FEES and PRIME SECURITY BANK disputed its liability for the DISCHARGE FEES. Recital No. 3. CITY and PRIME SECURITY BANK have engaged in discussions regarding the DISCHARGE FEES, the calculation and liability of PRIME SECURITY BANK for the same. Recital No. 4. CITY executes and provides this WAIVER with the intent of resolving the issues between it and the PRIME SECURITY BANK related to the DISCHARGE FEES for the purpose of avoiding the expense and uncertainty of litigation over the DISCHARGE FEES. ARTICLE 3 CONSIDERATION 3.1 CONSIDERATION. PRIME SECURITY BANK has provided and CITY has accepted a final payment of $6,000 for the DISCHARGE FEES and the STANDARD STORMWATER AND BASE SEWER FEE as consideration for the CITY'S execution of this WAIVER. CITY acknowledges the receipt, adequacy and sufficiency of the consideration for this WAIVER. ARTICLE 4 WAIVER RELEASE AND COVENANT NOT TO SUE 4.1 WAIVER. For good and valuable consideration, CTTY, for itself, its successors and assigns, and for anyone claiming to be acting on its behalf, does hereby waive all actions, causes of action, suits, rights, claims and demands whatsoever, including attorney's fees, of any nature whatsoever, whether or not well-founded in fact or in law,known or unknown, contingent or non-contingent, and whether or not based upon statute or common law and without limiting the waiver any and all contract and quantum meruit claims, against the CITY, arising out of the DISCHARGE FEES. 4.2 RELEASE. For good and valuable consideration, CI'TY, for itself, its successors and assigns, and for anyone claiming to be acting on its behalf, does hereby release and forever discharge the PRIME SECURI'TY BANK, from all actions, causes of action, liabilities, obligations, promises, agreements, controversies, damages, suits, rights, costs, losses, expenses, claims and demands whatsoever, including attomey's fees of any nature whatsoever, whether or 2 66 Compromise Agreement Pursuant to the Minnesota Rules of Evidence,Rule 408 not well-founded in fact or in law, known or unknown, contingent or non-contingent, and whether or not based upon statute or common law and without limiting the release any and all contract and quantum meruit claims arising out of DISCHARGE FEES and any other liability for any and all fees and charges relating to the PROPERY's use of the sewer and storm water system prior to February 25, 2015. 4.3 COVENANT NOT TO SUE. For good and valuable consideration, CITY for itself, its successors and assigns, and for anyone claiming to acting on its behalf, does hereby covenant with the PRIME SECURITY BANK that it will not bring any legal or equitable suit, action, cause of action or claim and without limiting the covenant not to sue any and all contract and quantum meruit claims whether in a judicial or administrative forum, arising out of the DISCHARGE FEES and any other liability for any and a�l fees and charges relating to the PROPERTY's use of the sewer and storm water system prior to February 25,2015. 4.4 NO ADMISSION OF WRONGDOING OR LIABILITY. CITY acknowledges that PRIME SECURITY BANK does not admit or acknowledge any wrongdoing or liability relating to DISCHARGE FEES and any other liability for any and all fees and charges relating to the PROPERTY's use of the sewer and storm water system prior to February 25, 2015. ARTICLE 5 MISCELLANEOUS 5.1 APPLICABLE LAW. This WANER shall be construed, performed, and enforced, and the legal rights, obligations, and relations between the PRIlVIE SECURITY BANK and CTTY shall be determined under the laws of the State of Minnesota applicable to contracts made and to be performed in such State. 5.2 HEADINGS. The paragraph headings appearing in this WAIVER are for convenience only, are not part of this WANER, and are not to be considered in interpreting this WAIVER. 5.3 SEVERABILITY. The provisions of this WAIVER are severable. If any paragraph, sentence, clause, or phrase of this WAIVER is for any reason held contrary to law or contrary to any rule or regulation having the force of law, such decision shall not affect the remaining portions of this WAIVER. 5.4 BINDING EFFECT. This WAIVER shall be binding upon CITY. IN WITNESS WHEREOF, CITY has executed this WAIVER. 3 67 Compromise Agreement Pursuant to the Minnesota Rules of Evidence,Rule 408 Date: CITY OF FRIDLEY Scott Lund Mayor Walter Wysopal City Manager 4 68 _ AGENDA ITEM ��°��f CITY COUNCIL MEETING OF MARCH 9, 2015 ' Fridley �� Date: March 2, 2015 To: Walter T.Wysopal,City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution approving Special Use Permit Request, SP#14-07, by TCO Design for the properties at 5300 and 5310 4th Street ANAYLSIS The petitioner, Todd Ofsthun, with TCO Design, on behalf of A. P. Ventures is seeking a special use permit to allow the construction of a comprehensive home care building. The petitioner originally was before the Planning Commission on November 19, 2014, to allow this use on the property at 5310 4th Street. Due to neighborhood and Planning Commissioners concerns specifically related to parking, the petitioner waived State Statue 15.99, which requires the City to get the land use item through the process in 60 • , days,to do further analysis. - i' Since the November Planning Commission j" x �� .� meeting,the petitioner and representatives for the ,,%l' project have negotiated a purchase agreement �::_,�n�,-�' � with the owner of the property directly south at e � � 5300 4`h Street. The additional land area will allow �'� �., _ for more on-site parking. %J � � � � The properties are zoned R-3, Multi-Family, and a Y convalescent home type uses are allowed in this �.s„ � zoning district with a special use permit. '°� The proposed facility will have a Comprehensive -w Home Care Provider License through the Minnesota Department of Health. The owners of this project have affiliations with 59f2D AVENUE N.E. Allina, Fairview, and the University of Minnesota to offer the use of the proposed facility to potential patients. The patients using the facility will be 69 recovering from surgery, transplant (pre-op and post-op) or another type of inedical procedure that leaves them needing extensive rehab and medical sei-vices. This type of use is needed for patients, who for medical reasons, can't be on their own and do not have family or friends who can care for them. Site Plan Modifications since the November Plannin�Commission Meetin� The new site plan incorporates (2) parcels of land—5310 and 5300 4th Street. The actual square footage of the building has been reduced in size from 2,920 sq. ft. to 2,486 sq. ft. The reason for this change is the (2) indoor garage stalls have been removed from the plan. The existing garage on the 5300 4tn Street property will remain in place, which will provide parking as well as room for garbage and recycling containers. The proposed building will still be 3-stories, with a maximum height of approximately 35 ft. In this zoning district, a 6-story building is allowed. Each level will have (5) separate bedrooms for patients and a common area, with a great room, kitchen, bathroom, storage, and laundry. The building will have an elevator and will be have a fire suppression system. The new site plan allows for 12 surface parking stalls and 2 garage stalls,for a total of 14 parking stalls. The previous plan had a total of 8 parking stalls. The petitioner has also submitted a landscape plan showing new tree, shrub and perennial plantings and will be required to construct storm water treatment on site to ensure that drainage is maintained on site. The house on the lot at 5300 4`h Street will be removed prior to the proposed facility being occupied. Once removed the lot will be sodded and landscaped. PLANNING COMMISSION RECOMMENDATION At the February 18, 2015 Planning Commission meeting, a 2"d public hearing was held for SP#14-07. Commission Oquist still expressed concerns over there not being enough parking stalls for the proposed use, even though 6 additional stalls have been added to the site plan. Staff further explained that this industry has articulated to staff over and over again that the parking needs for this type of use are much less than people may expect. Staff would rather not require large amounts of parking that aren't being used. A special use permit does give the City the ability to call the permit back for further review if something isn't working related to the use, therefore the City is protected in the event parking does become a concern and the permit needs to be brought back to the Council for further review. One neighboring property owner had concerns about the use of the building and what kind of inedical use it would be. As explained in the staff report and by the petitioner the proposed use is a comprehensive home health care use that will be licensed by the State of Minnesota. The petitioner describes it as a high-tech medical facility using telemedicine connected through the University of Minnesota and Fairview Hospitals. It will be staffed with nurses that the Minnesota comprehensive home care license will dictate. All other questions from neighboring property owners whether related to the use of the alley, parking on the street, property values, height of the structure, status of the occupants within the house at 5300 4`h Street were either answered by staff or the petitione�at the Planning Commission meeting. After receiving pubfic comment,the Planning Commission recommended approval of SP#14-07, with the stipulations as suggested by staff. THE MOTION CARRIE� UNANIMOUSLY. 70 STAFF RECOMMENDATION City staff recommends concurrence with the Planning Commission and approval of the attached resolution for SP#14-07. STIPULATIONS 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building,fire, and ADA requirements. 3. City engineering staff to review and approve grading, drainage, and utility p/an prior to issuance of a building permit. 4. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 5. If on-street parking becomes an issue as a result of this use, the special use permit and options for additional parking shall be further reviewed by the City Council at the owner's expense. 6. If the comprehensive home health care use changes, the special use permit shall be further reviewed by the City Council. 7. The petitioner shall file the necessary documents with Anoka County to combine both of the lots involved in this projeci, 5300 and 5310 4`h Street, prior to issuance of a building permit. 8. The house at 5300 4"'Street shall be removed within one year of issuance of a building permit for the new building. 71 City of Fridley Land Use Application SP#14-07 November 19, 2014 and February 18, 2015 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Public Utilities: TCO Desgin Water and Sewer were disconnected when the house Todd Ofsthun was demolished in 2011 but are available at the street. 9330 Thomas Avenue N The existing house is connected. Brooklyn Park MN 55444 Transportation: Requested Action: The properties receive access from the alley off of 53`a Special Use Permit to construct a Avenue. They front along 4`h Street. comprehensive home care use in an R-3 zoning Physical Characteristics: district. 5310 4`h Street Existing Zoning: Flat,grass covered lot,with a cement parking area along R-3 (Multi-Family) the alley. Location: 5300 4`h Street 5300 and 5310 4`h Street NE Flat lot with single family house and detached garage. Size: SUMMARY OF PROJECT Both lots are—10,400 sq.ft. .23 acres The petitioner,Todd Ofsthun,who is representing A.P. Total lot area—20,800 sq.ft. .47 acres Ventures,went before the P�anning Commission on Existing land Use: November 19, 2014,to request a special use permit to Vacant lot and Single Family Home. allow the construction of a comprehensive home care Surrounding Land Use&Zoning: building on an R-3, Multi-Family lot located at 5310 4 N: 4-plex&R-3 Street NE. After neighborhood and Planning E: Single Family&R-3 Commissioners concerns were expressed,the petitioner S: 53`d Avenue and Columbia Heights asked to have State Statute 15.99 waived to allow W: Bona Brothers Automotive&C-2 additional time to further review this project. Since then,A.P.Ventures has negotiated a purchase Comprehensive Plan Conformance: agreement for the property at 5300 4`h Street. The Future Land Use Map designates as petitioner is now asking for a special use permit to have Redevelopment. the comprehensive home health care use that will utilize Zoning Ordinance Conformance: both properties. Sec. 205.09.1.C.(7) requires a special use permit SUMMARY OF ANALYSIS for clinic uses in an R-3 zoning district. City Staff recommends approval of this special use Building and Zoning History: permit, with stipulations. 5310 4`h Street Clinic type uses are a permitted special use in the R-3, 1886—Lot platted. Multi-Family zoning district. Home constructed prior to 1949. � ��`°� ;� � �,°�. � °�`�� * � ..- 1953—Detached garage constructed. � }� �� ° ',�; �� 1957—Move house and garage to new � �� . � �.�� ' foundation. _,_._.. , ,.Y "� � 2003—Foundation work. � � �^,�� x ,�� 2011—House and garage demolished. ` rt � � � .� ...� P� ` �� tt 5300 4`h Street � 1886—Lot platted. �'�� 'i � �` �� ' 1959—House constructed. �.�� F��" �'; � ,I �� 1964—Garage constructed. �� t �� 'p Legal Description of Property: � 5310 4`�Street � �� Lots 12&13, Block 13, Hamiltons Addition to � �� Mechanicsville �� Aerial of Sub�ect Properties 5300 4`h Street Lots 14&15, Block 13, Hamiltons Addition to CITY COUNCIL ACTION/60 DAY DATE City Council—March 9,2015 Mechanicsville 60 Day—March 16,2015 Staff Report Prepared by:Stacy Stromberg 72 Land Use Application Special Use Permit #14-07 REQUEST The petitioner, Todd Ofsthun, with TCO Design, on behalf of A. P.Ventures is seeking a special use permit to allow the construction of a comprehensive home care building. The petitioner originally was before the Planning Commission on November 19, 2014,to allow this use on the property at 5310 4tn Street. Due to neighborhood and Planning Commissioners concerns specifically related to parking,the petitioner waived State Statue 15.99, which requires the City to get the land use item through the process in 60 days,to do further analysis. Since the November Planning Commission meeting, the petitioner and representatives for the project have negotiated a purchase agreement with the owner of the property directly south at 5300 4`h Street. The additional land area will allow for more on-site parking. The neighbors also expressed concerns about the operation of the facility and types of staffing needed for the patients. The operator of the facility will be present at the Planning Commission meeting to further answer those questions. The properties are zoned R-3, Multi-Family, and convalescent home type uses are allowed in this zoning district with a special use permit. The proposed facility will have a Comprehensive Home Care Provider License through the Minnesota Department of Health. PROPOSED PROJECT The owners of this project have affiliations with Allina, Fairview, and the University of Minnesota to offer the use of the proposed facility to potential patients. The patients using the facility will be recovering from surgery, transplant (pre-op and post-op)or " another type of inedical procedure that _........ , , leaves them needing extensive rehab and _.___._..�._ medical services. This type of use is x � ' needed for patients, who for medical reasons, can't be on their own and do not ''� a have family or friends who can care for ° �? � them. °' � � Site Plan Modifications since the Y � � November Plannin�Commission Meetin� �_� �,�.�..� As stated above,the new site plan ,� '� incorporates (2) parcels of land—5310 ��` "` and 5300 4`h Street. The actual square footage of the building has been reduced in size from 2,920 sq. ft. to 2,486 sq. ft. The reason for this change is the (2) indoor garage stalls have been removed ' from the plan. The existing garage on the `�°��AYENUE N.E, 73 5300 4th Street property will remain in place,which will provide parking as well as room for garbage and recycling containers. The proposed building will still be 3-stories, with a maximum height of approximately 35 ft. Each level will have (5) separate bedrooms for patients and a common area, with a great room, kitchen, bathroom, storage, and laundry. The building will have an elevator and will be have a fire suppression system. The new site plan allows for 12 surface parking stalls and 2 garage stalls, for a total of 14 parking stalls. The previous plan had a total of 8 parking stalls. The petitioner has also submitted a landscape plan showing new tree, shrub and perennial plantings and will be required to construct storm water treatment on site to ensure that drainage is maintained on site. The existing house on the lot at 5300 4`h Street is currently being rented. Staff understands from the petitioner that the lease is up on the house in May. At that time, the residents could sign a month to month lease, until the new building is completed. Upon completion of the new building, the existing house will be required to be removed from the property within one year of building permit issuance. The lot will then need to meet landscaping requirements and be properly maintained. SITE DESCRIPTION & HISTORY The subject property is zoned R-3, Multi-Family and has been since the City's first zoning map. The majority of this neighborhood (east of University Avenue, north of 53�d Avenue, and west of 7`h Street) is zoned R-3, Multi-Family,with some parcels in the middle of the neighborhood zoned R-2,Two-Family and parcels on the east edge zoned R-1, �� ' �,�_ � , � �� , ��*9w� ,�t ��"�#�- �� °�s �'�� -_: r�� Single Family. Within this neighborhood is � � ��,. .. r. _ _ � � � � ,_ �� a mix of single family homes, duplexes,4- �� f� ��' ; � � j �` � ��, `�� .;� �;� plexes and larger unit buildings. The Bona � � � � � � �"t' „x, �, � � �° �� ,,,,. Brothers property on the corner of ' <�l� �� '� ��f� � �� ,�� University Avenue and 53`d Avenue was , , �� ' � � �� f,� � �� '_ rezoned from R-3, Multi-Family to G2, '� �' "� me ` �� General Business in 1971 and 1999 to allow � �x` � " ' ��'° ' � `��' ; S "k�-�,� � ��. ' j : .:.� _ �� 5310 �� - that use to exist. �'� � ��" �� ' ' . q�'+.�R„� 5�� 5310 4`�Street—The original house on the �"' � � ��'� �� 'j � � subject property was constructed prior to ':'y� `� � �'��'� � � '` �'�� ti ~ ��. � �_ � %A�,�� ' ,�- � . .�� ; 1949. A detached garage that was �''' � � � ��`° " s�°° �� , � �- y� accessed off the alley was then constructed � �; „ �� - - �� _,� � in 1953. Based on buildin ermit records '�. �� ' � a � « � � g P -�.�...� ° �-� ,_ � � � a�r _. this house had foundation issues, so there � � �� -�� - --� " � ��-�- ",�.�""�"��r�.�` . ": ., �.. . ° was work on the foundation done in both � � �� '� � �� ° ;� .`�� ,�.�,�: . � � � � �� r��--� . � �� 1957 and is 2003. The house and garage p,� � "�� , ' _� were demolished in 2011, and the lot has �`� �� , a- ��,::��,� � ' �, ��w�� x� remained vacant since then. 5300 4`h Street—The existing house was constructed in 1959 and the detached garage was constructed in 1964. CODE REQUIREMENTS Hospitals, Clinics, and convalescent/nursing homes are a permitted special use in the R-3; Multi-Family zoning district provided that the proposed project complies with the requirements for the special use permit, subject to the stipulations. The proposed use as a comprehensive home care use is most 74 comparable to a convalescent home or rehab facility use and therefore staff has determined that a special use permit would be required for the proposed use to exist on this site. Based on the slope of the lot,the building will look like a 3-story building from the alley and more like a 2%z-story building from 4`h Street. Each floor will have 5 separate bedrooms,so the building has the ability to house a total of 15 patients. Due to the medical conditions the patients have,they are unable to drive. As a result, parking needs for this use will be for the staff and visitors to the site. The petitioner has articulated that the maximum number of staff on site at any one time wil� be 6. Any staff meetings for employees will either occur off-site or through electronic media. The new site plan shows 12 surface parking stalls and 2 garage stalls within the detached garage on the 5300 4`h Street property. The garage and the (2)stalls in front of the garage will be accessed off 53�d Avenue. Ten parking stalls will be accessed from the alley. The new design of the parking area will allow a one-way loop through the parking area, so vehicles won't have to back into the alley to leave the property and it also provides better circulation for staff,visitors, delivery vehicles and emergency vehicles. The building wilt only be accessed from 4th Street through the use of a sidewalk. Based on code requirements for a nursing home,which is the most similar use to the comprehensive home care use,8 parking stalls are required. The previous site plan did comply with code requirements. The neighbors,the Planning Commissioners and staff did have some concerns as to whether this would be enough based on 6 employees potentially being on-site at any one time, plus visitors, and any other specialized staff needed for the patients. As a result,the plan has been updated to provide a total of 12 parking stalls, plus 2 garage stalls. When approving a request like this, staff wants to make sure there is adequate parking provided on-site and that the use isn't dependent upon on-street parking. The 12 parking stalls will be adequate for staff and visitors, however since the street isn't signed "no parking", it is likely that from time to time visitors will park on the street. This is acceptable, provided it doesn't start becoming a problem. Staff will keep the stipulation previously placed on the special use permit that states if on-street parking becomes an issue for this site,the special use permit will need to go back before the City Council for further review. The special use permit will also need to go back before the Council for review if in the future the use of the building is changed. The building as designed couldn't work if people residing in it didn't have health conditions that didn't allow them to drive. The proposed expansion meets lot coverage and setback requirements. The petitioner has submitted a landscape plan and a grading and drainage plan. Both of those plans will be further reviewed by City staff prior to issuance of a building permit. RECOMMENDATIONS City Staff recommends approval of this special use permit request as hospitals, clinics and convalescent and nursing homes are a permitted special use in the R-3, Multi-Family zoning district. STIPULATIONS Staff recommends that 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,fire, and ADA requirements. 3. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 4. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 75 9L •6u►p�inq Mau ay� �o��waad bu►p�inq a�o a�unnss��o�na�(auo uiy�in�panowaa aq��vys�aaa�S 4,ti 00£S�p asnoy ayl •g •.�iwiad 6uip�►nq n�o a�unnssi o��o�ad '�aa��S 41ti OL�S pua 00£S'��a�o�d siy� u�pan�onui s�o�ay��o y.�oq auiqwo�o��(.�uno�n�ouy y.�in� s�uawn�op�(anssa�au ay�a�i��nysaauo►�i�ad ayl 'L yi�uno��(��ay��(q pan�ainaa aay��n�aq��nys��uaaad asn�ni�ads ay� 'sabuny�asn aao�y��nay awoy an�suaya�duao�ay��j �g •asuadxa s,�aun�o ay.�;o�►�uno��(�►�ay��(q pan�ainaa aayUn�aq��oys 6ui��nd�vuoi�ippv ao� suoi�do pun �►waad asn�opads ay� 'asn siy��o��nsaa n sa anssi un sawo�aq 6u��and�aaa�s-uo�j •S RESOLUTION NO. 2015 - A RESOLUTION APPROVING SPECIAL USE PERMIT, SP# 14-07 FOR TCO DESIGN, THE PETITIONER ON BEHALF OF A.P. VENTURES WITH AUTHORIZATION FROM BRP II,LLC,THE PROPERTY OWNER OF 5300 4� STREET NE AND SECURITY BANK AND TRUST,THE PROPERTY OWNER OF 5310 4�STREET NE WHEREAS, Section 205.09.O1.C.7 of Fridley City Code allows hospitals, medical clinics, nursing homes, and convalescent homes in an R-3, Multi- Family zoning district by a special use permit if certain conditions can be met; and WHEREAS, on November 19, 2014, the Fridley Planning Commission held a public hearing to consider a request by TCO Design on behalf of A.P. Ventures, for the property generally located at 5310 4�' Street NE in Fridley, legally described in Exhibit A, for a Special Use Permit SP# 14-07 to allow the construction of a building to be used as a home health care facility; and WHEREAS, at the November 19, 2014 meeting, the Planning Commission received public comment and unanimously recommended denial of Special Use Permit, SP #14-07 due to parking and operational concerns; and WHEREAS, on December 4, 2014,the petitioner, TCO Design waived State Statute 15.99 to allow additional time to consider alternatives to the site design; and WHERAS, on December 8, 2014, the City Council approved the request by the petitioner to waive State Statute 15.99 and to have the public hearing for SP#14-07 postponed; and WHEREAS, on January 16, 2015, the petitioner, TCO Design re-submitted SP #14-07 on behalf of A.P. Ventures, to allow the construction of a building to be used for home health care facility that utilizes the properties at 5300 4�' Street NE and 5310 4�' Street NE, legally described in E�ibit A; and WHEREAS, on February 18, 2015, the Planning Commission held the 2"d�ublic hearing for SP #14-07 for the properties generally located at 5300 4`�' Street and 5310 4 Street, to allow the construction of a building to be used as a home health care facility; and WHEREAS, at the February 18, 2015 meeting, the Planning Commission unanimously recommended approval of Special Use Permit, SP#14-07;and WHEREAS, on March 9, 2015, the Fridley City Council approved the stipulations represented in E�chibit B to this resolution as the conditions approved by the City Council on Special Use Permit SP# 14-07; and WHEREAS,the petitioner, TCO Design, was presented with Exhibit B,the stipulations for SP# 14- 07, at the March 9, 2015 City Council meeting; 77 WHEREAS, City Code Section 205.OS.S.G requires the City Council to revoke SP #14-07 after conducting a public hearing, if upon conclusion of that public hearing, the City Council determines that the property owner has failed to comply with the stipulations set forth in the attached Exhibit B and all costs incurred by the City during the revocation process may be assessed to the property. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 14-07 and stipulations represented in E�ibit B are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9�' DAY OF MARCH,2015. SCOTT LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 78 EXHIBIT A SP# 14-07 Special Use Permit TCO Design 5300 4�h Street and 5310 4th Street NE, Fridley, MN Legal Descrintions: 5300 4� Street Lots 14 and 15, Block 13, Hamilton's Addition to Mechanicsville Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of all minerals and mineral rights in all of said property. 5310 4`h Street Lots 12 and 13, Block 13, Hamilton's Addition to Mechanicsville Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of all minerals and mineral rights in all of said property. 79 EXHIBIT B SP# 14-07 Special Use Permit TCO Design 5300 4`h Street and 5310 4th Street NE, Fridley, MN Stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The petitioner shall meet all building, fire, and ADA requirements. 3. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 4. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 5. If on-street parking becomes an issue as a result of this use, the special use permit and options for additional parking shall be further reviewed by the City Council at the owner's expense. 6. If the comprehensive home health care use changes, the special use permit shall be further reviewed by the City Council. 7. The petitioner shall file the necessary documents with Anoka County to combine both of the lots involved in this project, 5300 and 5310 4th Street, prior to issuance of a building permit. 8. The house at 5300 4th Street shall be removed within one year of issuance of a building permit for the new building. 80 � �� I � 9330`fhomas Avenue North,Brooktyn Park,MN 55444 - Office 763-424-3676 cell 952-994-8276 todd@tcodesign.nei February 4,2015 To: Stacy Stromberg City of Fridley Planning Department Re: Home Care Facility 5310 4"'Street NE Fridley,MN 55421 Hello Stacy, Thank you for considering our Special Use Permit for a Home Care Facility at 5310 4"'Street NE. It is important to the people asking for the Special Use Permit that this is a well run, low key facility that will not have a negative impact on the neighborhood. Because of the push back from the Planning Commission we have made several changes to the proposed facil'�ty. The biggest is obtaining the property next door,5300 4"'Street NE.We will renovate and use the existing detached garage for garbage cans and availability fortwo indoor parking spaces.l counted those and the existing two spaces as only 2 spaces for our count.We expanded the parking into 5300 as shown on the site plan giving us a total of 12 parking spaces.The proposed building is now 3 story(2 facing 4�'Street),7458 square foot,3 unit, l5 bed Home Care Facility. This facility will be run by Wish Medical. It will be an acute care facility designed towards Transitional Care Units and will use Telemedicine to maximize care with minimal on site care.The principals are Susan McDonough and Ashley Smith.The Comprehensive Home Care license will be held by Ashley who is currently with Allina.Susan is currently with Fairview.The number of employees when the facility is full will be 6.This is the number of employee required by the State for this type of facility and care.This is also the number.that Wish Medical needs to provide the patients with meals, personal hygiene and any other patient needs.The employees will also be responsible for housekeeping. Building maintenance,landscape maintenance and snow removal will be hired out.There is plenty of on-site snow storage space. The ctosest use of the building will be assisted living. Based on Fridiey City Code,our parking requirement is 7�4 spaces.If considered a nursing home, 10 spaces would be required.As a triplex, l0 Y:spaces.The proposed facility meets and exceeds Fridtey City code with 12 proposes spaces.The 12 spaces provide adequate parking area for employees,visitors,employee transitions and deliveries. The delive�ies to this facility will depend on the number of patients at any one time.This is not a clinic or a hospftal,The detiveries will probably be made with sma{{er vehicles.Simi{ar to fed-ex or UPS type vans.There should only be a littie increase of deliveries to a traditional three unit building.They wilf be made from the aliey side where we are proposing adequate driveway to ensure the delivery vans will be on site during their visft.The location of the deliveries and the privacy shrubs being proposed,should minimize the irr�pact of the delivery van traffic. 81 The vast majoriry of patients that will stay at this facility will be bedridden.Because of the health condition of the other patients,they will be mostly sedentary and wiil not be wandering around the exterior of the building. The minimum stay of the patients at this facility is 60 days.The average could be one to two years depending on the patient.There should be no more daytime traffic than any other three unit building. There are several advantages to this facility over a typical triplex.It is important to the owner and operators that this site is wett maintained and run.All aspects of site and building maintenance will kept to high standards.The groups associated with this facil'ity as well as others they are hoping to have an affiliation,have higfi standards for this type of facility and for their patients.Whi1e the activities of this building might be a little higher at times, there will be no large parties,barbeques,gatherings,etc. The applicant and his associates have gone to great lengths to show the Planning Commission and City Council that they are dedicated to put in the effort needed to build and maintain a building and a business that has the highest standards of operation and dedication for your City.Obtaining the neighbo�ing property shows they listen and react to the City Staff,the Citizens of Fridley and the Planning Commission.I ask that you approve the Special Use Permit for this Facility. Thank you again for your consideration, Todd Ofsthun,TCO Design, 763-424-3676 Canmerclal l7raf��a and Nome neswn l�ed�cat�on to ezcellerue 82 February 13�', 2015 Katrina�Iwen 5301 4�' S#. N E Fridley, MN 55429 To whom it may Concem- I received two of the letters in regards to the prope�#ies across from me 5300 and 5310 possibte being bought by a commercial c�mpany for home healthcare. I am very much opposed to this building being put up, as weli as any parking that may obscure my views. Below I wili be fisting my reasons as to why t'm against this. 4kay, a little bit about me. As I am new to the Fridley area and a first time home buyer. I knew there could pote�tially be something built over the vacan#!ot adjunct to me. But never did t c�onsider the possibil+ty that the house directly across couW be torn down to build something comme�cial. I like this neighborhood. You get a taste of the cit�► li�e and sometimes feel out in the suburbs. I have a beautiful perennial garden that+s located on the 4�'street side of the house. lf a new 3-story building was buiit, I woutd lose all my evening sunlight,for my plants to thrive. It would make my house dreary, and lose any natura!sunlight 1 get to heat my house in the winter. In the summers, I garden, half of my yard on the 53'" side which would be affected if the sunlight is lost. l feel stron9ly, about preserving the environment, by making it beautiful. Not to mention the noise of new construction, fihe heighten traffic and the devaluing of my home. Having a non-single family home, move in would be an "eye sore"for any potential future neighbors to this area. I really don't want to even think of the poiential crime that could now become a problem with people constantly coming and going. I feei there are much better ideas of how to improve those fin►o lots. Not sure what the status is with #he current owner of the property at 5300. The house definitely needs some work, but so does a few others in.the neighborhood. The vacant lot, why can't a single famify home be rebuilt in its place? There was a home many years ago, why not start over and give it a fresh start. Why not think about ways to improve the neighborhood, instead of ways to commercialize it?A communit�r garden would be a really nice addition to the neighbofiood. Keeping the trees, and keeping it"Friendly Fridley". This home care plaae that wants to move in can find a place that is designed for commercial property like university. Please cansider these thoughts as you make your final decision of what to do with these lots. As 1'm a new home owner to Fridley, I would love to keep living here for years to come. Raise my children in this school district. Just as my neighbor Pam has lived here nearly 40 years. 83 Sincerely, , � Katrina Iwen 84 February 18, 2015 Susan McDonough Xxxx 80 th street Montrose, MN Dear Fridley Planning Commission: i regret 1 wi{I not be able to attend your Planning Commission meeting this evening. I can obtain the corporate documents for Wish Medical with my partner Ashley Smith if needed. Ms. Smith will be able to answer questions regarding patient care and operations on my behalf. Under this license the classification would be considered assisted living for the city code, and care model. Our care model is similar to other facilities in the metro area (Senior Care Network reference book) with a new extra layer of protection called Teie- Medicine.(see attached letter of intent from the University of Minnesota Hospitals). Our model is for patients that are either out of the ICU's, or TCU's, but cannot ga home because of the need for nursing care. Our patients will consist of Alzheimer, Memory, Parkinson, Renal, Bariatric, and Pulmonary patients. Wish Medicai will take patients from several sources including private, hospitals, and county sources. Staffing will follow the guidelines provided by the Minnesota Department of Health. Wish feels this is a perfect location because of being one block off University, and very close to the Hospital. Th+s facility will be new, and have a{I the new amenities inciuding elevator, fire protection (sprinkler), and high end electronics to monitor both the building, and patients. My experience is I am the head of the tax division for Fairview Health Systems, and have worked for Fairview for the past 17 years. My job duties are to keep the books for all of Fairview's ent+ties of which include Fairview Hospitals, The University of Minnesota Hospitals, Ebenezer Healthcare Services and a11 aspects of the Healthcare industry. Ms. Smith and I will work together on this project in all aspects moving forward. Sincerely, Susan McDonough 85 � AGENDA ITEM `�'°` CITY COUNCIL MEETING OF MARCH 5, 2015 Fridley To: Walter Wysopal, City Manager/�l�� From: Jack Kirk, Director of Parks and Recreation Date: March 3, 2015 Re: Agreement with Hoisington Koegler Group Inc. to Provide Phase 2 Site Improvement Design for the Springbrook Nature Center SPRING Project City staff, our Construction Manager poc Smith, our local SPRING Project Team and the Architects continue to move forward on Phase 1 of the Springbrook Nature Center improvement project(the building addition, remodeling and adjacent site improvements). The plans are getting finalized and we look forward to have those plans presented to the Fridley City Council on March 16. Phase 2 of this project will see additional improvements to the seven acre entrance area of the Springbrook Nature Center. These improvements include the outdoor pavilion, the amphitheater, a celebration plaza, outdoor nature based play area, outdoor classrooms, a supporting trail network, and additional supporting site improvements such as lighting, furnishings and plantings. It is important that the plans for Phase 2 are properly integrated with the Phase 1 development, especially when it comes to location of facilities,utility needs, and trail alignment. To accomplish this coordination, I am recommending that the City enter into an agreement with Hoisington Koegler Group to provide a site improvement design for Phase 2 of the Springbrook Nature Center SPRING Project. Hoisington Koegler Group is the Landscape Architect Design firm working together with the building architects from Partners and Sirny on Phase 1 components. Hoisington Koegler landscape architects plan to work closely with Partners and Sirny architects on the Phase 2 components as well. The services provided by Hoisington Koegler Group with this agreement will include working closely with our local SPRING Project Committee on the schematic design and design development of the Phase 2 improvements. The design development drawings will illustrate detailed site plans, floor plans, elevations,material selections, structures, grading and drainage concepts,planting concepts, utiliTy concepts, and construction details necessary to accurately price the design components. At the conclusion of the process in late May or early June, we will have the consultants present the design development drawings and cost estimates to the Parks and Recreation Commission. When funding is secured to move forward with the various features of the Phase 2 improvements,the consultants would be available to work with the City to complete the construction drawings and facilitate the bidding process. 86 . � AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 9th day of March, 2015, by and between the City of Fridley, 6431 University Avenue NE, Fridley, Minnesota 55432, ("City") and Hoisington Koegler Group Inc., 123 North Third Street, Suite 100, Minneapolis, MN 55401- 1659 ("Consultant"). WHEREAS, the City has accepted the proposal of Consultant for a professional design development package far the Springbrook Nature Center SPRING Project Phase 2 Site Improvements; and WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. The City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal to provide design services for the Springbrook Nature Center Phase 2 Site Improvements dated February 13, 2015, incorporated herein as Exhibit 1. (Hereinafter"Exhibit l.") b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in Exhibit 1, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in Exhibit 1. The agreed upon amount for the proposed scope of services is a not-to-exceed amount of$66,225, with billing for services to be based on standard hourly rates of the design firms. Payment terms are outlined in Exhibit 1. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The 1 87 City will not pay additional compensation for Services that do not have prior written authorization. c. Consultants shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement is identified in Exhibit 1. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Part�. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by Consultant, the Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party sha11 have fifteen(15) calendar days from the date of the ternunation notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibit 1. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. Consultant agrees to comply with all federal, state and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. Consultant shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. Consultant represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed by all applicable agencies and governmental entities. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable 2 88 control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Jack Kirk, Director of Parks and Recreation, to act as the City's representative with respect to the Services to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. Consultant has designated Bryan Harjes to be the primary contact for the City in the performance of the Services. He shall be assisted by other staff inembers as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and the City, subject to any governmental immunity defenses of the City and the City's maximum liability limits provided in Minnesota Statute Chapter 466, each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and the City,they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify the City against legal liability for damages arising out of claims by Consultant's employees. Subject to any governmental immunity defenses of the City and the City's maximum liability limits provided in Minnesota Statute Chapter 466, the City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: 3 89 a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of$1,000,000 for each person and$1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional reports, documents, drawings, and specifications prepared by Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Fridley 6431 University Avenue NE Fridley, MN 55432 Attention: Jack Kirk, Director of Parks and Recreation Or e-mailed: Jack.Kirk@fridleymn.gov If to Consultant: Hoisington Koegler Group Inc. 123 North Third Street, Suite 100 Minneapolis, MN 55401-1659 Attention: Bryan Harjes Or emailed: Bryan@hkgi.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 4 90 � ! � 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either the City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Anoka County District Court. e. Severabilitv. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. £ Data Practices Compliance. All data collected by the Consultant and City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. g. Entire A�reement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF FRIDLEY HOISINGTON KOEGLER GROUP INC. By: BY� Scott Lund, Mayor Its: By: Date: Walter Wysopal, City Manager Date: 5 91 ` **EXHIBIT 1** Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. �� February 13,2015 Jack Kirk Parks and Recreation Director City of Fridley 6431 University Avenue,NE Fridley, MN 55432 Re: Springbrook Nature Center Phase 2 Site Improvements Dear Jack: Thank you for contacting the Partners&Sirny/Hoisington Koegler Group Inc.(HKGi)Team about preparing a proposal for Phase 2 Site Improvements at Springbrook Nature Center. We have truly enjoyed our working relationship with the City of Fridley and the SPRING Design Committee on the Phase 1 building expansion and site modifications and are excited about the opportunities these outdoor features will bring to Springbrook Nature Center. Through our conversations with you and Malcolm Mitchell regarding this effort,along with the direction received at the Springbrook Board Meeting on February 9`'',we have cra8ed a proposal focused on completing schematic design and design development for the Phase 2 Site Improvements. The core of the effort is to further develop the outdoor features such as the Celebration Plaza,Pavilion,Outdoor Amphitheater,Nature Play Areas,and gathering areas and to also integrate the current building expansion and site improvement project with the planned Phase 2 Improvements,particularly related to key features between phases,trail circulation,and potential future utilities needed in the Phase 2 Site Improvement area.To accomplish this we propose an evaluation of the existing SPRING Master Plan elements tlu�ough the schematic design process and then further flush these features in design development to truly understand location,design,and most importantly,cost for the desired Phase 2 Site Improvements. The following proposal summarizes our understanding of the project, outlining our proposed approach,fees, and anticipated project schedule. PROJECT UNDERSTANDING The scope of this effort is primarily identified as the Phase 2 elements from the SPRING Master Plan,with the focus on the following features: • Outdoor pavilion&celebration plaza; • Outdoor amphitheater; • Outdoor nature play area; • Outdoor classrooms and gathering areas; • Supporting trail network; • Necessary infrastructure,and; • Additional supporting site improvements such as lighting, furnishings,plantings,etc. From the 2010 SPRING Master Plan cost estimate,the three major components included: Line 2)Outdoor Pavilion&Celebration Plaza=$650,000(pavilion,$375,000;site$275,000); Line 3)Outdoor Amphitheater and Drop-Off Area=$300,000,and; Line 7)Outdoor Classrooms&Nature Play=$360,000. 123 North Third Street,Suite 100,Minneapolis,MN 55401-1659 Ph(612)338.0800 Fx(612)338.6838 92 r r Springbrook Nature Center—Phase 2 Site Improvements Page 2 of 4 February 13,2014 PROJECT APPROACH&WORK PLAN To accomplish this effort we propose the following work plan that closely parallels the successful process for the current Phase 1 work. We will begin with a project design charrette with the SPRING Design Committee, and then based on the outcomes of the charrette we will create schematic design concepts to test program, relationships,and level of intensity and then review with the SPRING Design Committee. We will create a preferred schematic design to delineate Phase 1 and Phase 2 work and then create a design development set for accurate pricing and colored renderings to aid in fund raising. Our detailed work plan is as follows: Schematic Design Starting with the design charrette,we will assess the SPRING Master Plan and the proposed features as well as understand the relationship to the current Phase 1 building expansion and site work. We will refine the master plan design of the outdoor pavilion,celebration plaza,outdoor amphitheater,nature playground, outdoor classrooms,and infrastructure for the entire Phase 2 area. The following tasks and deliverables will be completed during the schematic design phase of the work: 1. Conduct design charrette with the SPRING Design Committee to confirm programmatic elements, their relationships,and to discuss level of intensity for intended improvements 2. Develop up to two(2)schematic design alternatives based on the outcomes of the design charrette 3. Meet with the SPRING Design Committee to present the schematic design drawings for review and comment 4. Refine the drawings and prepare a preferred schematic design drawing set including: a. Layout of all site, architectural and infrastructure elements. b. Preliminary site grading and drainage plans. c. Establish the design intent for site improvements including storm water management, utilities, surface improvements and erosion control. d. Review compatibility of existing utilities with specific project requirements. e. Schematic planting design concepts f. Preliminary material options will be reviewed and analyzed for compiiance with project goals. 5. Meet with the SPRING Design Committee to present the preferred schematic design drawings for review and comment. 6. Present to the Park&Recreation Commission the prefened schematic design for Phase 2 Design Development The Partners& Sirny/HKGi Team will refine the schematic design for the proposed Phase 2 area incorporating comments provided by the SPRING Design Committee. Design Development drawings will illustrate detailed site plans,floor plans,elevations,materials selections,structures,grading and drainage concepts,planting concepts, utility concepts,and all construction details necessary to accurately price the approved design. The following tasks and deliverables will be completed during the Design Development phase of the work: 1. Prepare Design Development level drawings far site,building, and infrastructure improvements, including the following: a. Tree Protection Plan b. Site Demolition Plan c. Architectural Plans and Elevations 123 North Third Street,Suite 100,Minneapolis,MN 55401-1659 Ph(612)338.0800 Fx(612)338.6838 93 Springbrook Nature Center—Phase 2 Site Improvements Page 3 of 4 February 13,2014 d. Site Layout Plans e. Site Materials Plans f. Water Feature Plans g. Utilities Plans h. Grading and Drainage Plans i. Erosion Control Plan j. Planting Plans k. Site Lighting Plans 1. Irrigation Plans m. Electrical Plans n. Mechanical Plans o. Construction Details 2. Conduct zoning and code review 3. Conduct utility analysis 4. Prepare outline specifications 5. Prepare preliminary cost estimate 6. Meet with the SPRING Design Committee to present and review the design development set and preliminary cost estimate, receive comments and discuss the desired direction for moving forward with construction documentation. 7. Prepare presentation graphics(color renderings)for additional fund raising a. Overall site plan b. Pavilion plan&elevation c. Detail elevations/sections for celebration plaza,amphitheater,nature play,etc. Construction Documents&Construction Administration Upon completion of the design development set,the Parmers&Sirny/HKGi Team will be available to strategize with the City of Fridley and the SPRING Design Committee the most appropriate track for construction of the desired Phase 2 work. With the number of unknowns related to the detailed design, we feel this is in the best interest of the City of Fridley, Springbrook Nature Center and the design team based on available funding,design complexity,and overall project scope. We will revisit this stage upon the completion of design development with the City and SPRIN Design Committee. FEES For this effort we will bill our services on an hourly basis for a not-to-exceed amount of$66,225 including incidental expenses for mileage and printing. Hourly rates will be per each firm's standard hourly rate schedule provided as a part of the Phase 1 project. Schematic Desi n $34,215 Desi Develo ment $32,010 Total: $66,225 Construction Drawings,Bidding,&Construction 8%- 14%of project construction budget Administration based on complexity of technical drawin s and s eci acations re uired 123 North Third Street,Suite 100,Minneapolis,MN 55401-1659 Ph(612)338.0800 Fx(612)338.6838 94 Springbrook Nature Center—Phase 2 Site Improvements Page 4 of 4 February 13,2014 SCIIEDULE Understanding the desire for the SPRING Design Committee and the City of Fridley to best understand the integration of Phase 1 and Phase 2 Site Improvements,we would anticipate commencing work immediately upon approval,or modification of the existing contract. We will work quickly to bring the Phase 2 area through schematic design and design development over the next months. The availability of the City Staff and SPRING Design Committee will help refine the key dates,but our anticipated schedule could look like this: Februa (ASAP) Meetin #1 Conduct Charrette Earl March Meetin #2 Review Schematic Desi n O tions Late March Meetin #3 Review Preferred Schematic Desi O tion* A ril/Ma Meetin #4 Review Desi Develo ment Drawin s&Cost Estimate Summer/Fa112015 Determine Elements for 2016 Construction—Confirm with Fund Raisin Status *Confirm delineation between current Phase 1 and Phase 2 Site Improvements and potential integration of necessary site, building, or infrastructure improvements, and/or phasing appropriate phasing&bidding strategy. Thank you for the opportunity to submit this proposal. If you have any questions please feel free to contact me,and if you find this proposal acceptable please sign and return and we will consider your signature below as your authorization for us to proceed. We are excited to be a part of this effort,and we look forward to helping the City of Fridley,the SPRING Design Committee,and the community to create a wonderful new outdoor experience at Springbrook Nature Center. Sincerely, ��. Bryan Harjes,PLA,LEED AP Principal 612.252.7124 or bharjes a,hk�i.cotn Date: City of Fridley Representative 123 North Third Street,Suite 100,Minneapolis,MN 55401-1659 Ph(612)338.0800 Fx(612)338.6838 95 . • r� r�a -� �Vc�ure C'enter Foundation Preserve • Educate • Nurture Jack Kirk,Director Parks and Recreation City af Fridley 6431 University Ave. Fridley, MN 55432 Dear�ack: Thank you for sharing the proposal from Partners and Sirny/Hoisington Koegler Group Inc.(HKGi)to provide Phase 2 Site Improvements at Springbrook Nature Cente�. This propasal is.to complete the schematic design and design development for the Phase 2 tmprovements. The core effort af the effort is to further develop the autdoor features such as Celebratlon Plaza, Pavilion,Dutdoor Amphitheater, Outdoor Nature P1ay Area and gathering areas and to also integrate the current building expansian and site impra�ement projett wlth the planned Phase 2 lmprovements, particularfy related to key features between ph�ses,trail cir�ulatlon,and potential future utilities needed in the Phase 2 Site Impro�ement area. The contract would be between the Clty af Fridley and Hoisington Koegler Group Inc. Far this effort, HKGi has pro�sosed io blll the Clty o#Fridley for thelr services on a not-to-exceed basis for an amount not ta exceed$56,225. It is understoad that while the contract is with the City of Fridley,the payme�t of the fees for the services detailed in the cantracC wilf be the responsibility of the Springbrook Nature Center Foundation frorn corttributians made from prlvate donors to support the SPRING Project. In this regard,the Springbraok Nature Center�oundation polled the members of the Foundation Board to determine their support for this contract and for making these payments. The polf resulted in a fifteen to zero vote to support recommendfng to the City of Fridfey that the City execute a contratt wlth Fiofsington Koegler Group Inc.fur the service described in the proposal and to authorize the Board to reimburse the City for the charges for these ser�ices upon receEpt of an approprlate lnvaice from the City of Fridley. The 5pringbravk Nature Center Foundation has the funds In hand to reimburse the Ctty of Fridtey based on the pravisions of this contract. We are looking ta partnering with the City of Fridley to contlnue to enhance Sprfngbroak Nature Center. . . Regards, ,� ��f �,�,�� ' , ��G��/L�;+� %C(�G��'G� � � Malcolrn Mitchell,Chair Springbrook Nature Center Foundation P.U,Box 32722 Fridlsy,MN 56432 Springbrook Nature Center Foundation is a 501(c)t3)nornpro�t qgantia5on.All donatiaa�s are tax deductble. ___ - --�6 — � - � AGENDA ITEM `�� CITY COUNCIL MEETING OF g�a��Y MARCH 9, 2015 TO: WalterT. Wysopal, City Manag�`�� PW15-010 �ROM: James P. Kosluchar, Pubfic Works Director DATE: March 5, 2015 SUBJECT: Reso{ution Designating Load Limits on City Streets The attached resolution establishes annual winter/spring load limits for focal streets in Fridley under City of Fridley jurisdiction. Minnesota Statutes §169.87 allows municipalities, with respect to highways under their jurisdiction, by ordinance, to impose limitations to weights of trucks or commercial vehicles on designated roadways within a designated spring period when roadways are subject to increased damage due to frost and moisture conditions. The statute allows an exemption for buses, refuse and recycling vehicles, utility vehicles, and other specialized vehicles. Chapter 503 of Fridley City Code authorizes the City Council to establish weight restrictions by resolution. This resolution ailows us to piace the notice to those affected at an appropriate time based upon the spring thaw. Load limits stay in effect until the Minnesota Department of Transportation (MnDOT) informs us of them raising the limits on State roads in Fridley. Anoka County currently follows the weight restriction dates established by MnDOT for County roads and highways. In the past,we have requested annual approval from the City Council to publish winter/spring load limits for City Streets. This resolution has been updated annually to reflect the segments with modified weight limits based on modifications to roadways, pavement and soil investigations, and changes in traffic established by the Public Works Department Engineering Division. As a matter of efficiency, we have prepared a draft resolution which directs staff to evaluate and modify weigh limits annually, and publish those limits determined without annual City Counc+l action.The updated resolution will allow savings in publication costs through referral to information on the City's website. In addition,the resolution authorizes exception through an overweight permitting process which will be utilized to provide exception in cases of hardship and charging a fee that will cover costs of damage for any exception. This parallePs the MnDOT process for approving overweight exceptions, and provides a better service to those hardship cases. We anticipate at most a handful of requests for exceptions in any one season. Staff recommends that the City Council move to approve the attached resolution Designating Load Limits on City Streets in the City of Fridley. If approved, Public Works Staff will update weight limit information and publish information on the location of weight limits in Fridley annually. JPK/jk Attachment 97 RESOLUTION NO. 2015 - RESOLUTION DESIGNATING LOAD LIMITS ON CITY STREETS IN THE CITY OF FRIDLEY, MINNESOTA WHEREAS, with noted exceptions, Minnesota Statutes §169.87 allows municipatities, with respect to highways under their jurisdiction, by ordinance, to impose limitations to weights of trucks or commercial vehicles on designated roadways within a designated spring period when roadways are subject to increased damage due to frost and moisture conditions, and WHEREAS, Chapter 503 of Fridley City Code authorizes the City Council to establish weight restrictions by resolution, and WHEREAS, it is in the best interest of the City of Fridley to preserve its roadways in good condition and avoid excess damage during seasonal periods established annually by the Minnesota Department of Transportation (MnDOT), and WHEREAS, MnDOT and Anoka County restrict weights of certain trucks and commercial vehicles on their roadways during these established periods, which largely limits the access to City streets, and WHEREAS, MnDOT and Anoka County authorize vehicles exceeding these established weight limits by special permits, and WHEREAS, the City of Fridley supports a process of authorizing vehicles exceeding these established weight limits by special permits in the case of hardship, with remuneration of costs to the City of Fridley for exceeding established weight limits, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA: That pursuant to Chapter 503, City Code of Fridley, Minnesota, that commencing on the date annually ordered by the State of Minnesota Commissioner of Transportation, and continuing until the 15th day of May, in each calendar year, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon any street or in the City under jurisdiction of the City where the weight of such vehicle exceeds those weights determined and annually designated for City streets by the Public Works Director without first having an approved permit issued from the Public Works Department, AND, BE IT FURTHER RESOLVED: That the Public Works Director is hereby directed to review and designate said weight limits for City streets annually, and publish a summary of weight limits. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9"'DAY OF MARCH, 2015. ATTESTED: SCOTT J. LUND- MAYOR DEBRA A. SKOGEN - CITY CLERK 98 -- �,.y � ,,,,� i�ridlc�� ;,,.- _�; `� �� .�.`~. .� '; °'� - �-' '� � Seasonal Load Limits .� - _ �. , � �� .- ` Spring 2oi5 / E / . � ,,.�.�,.. ��S � � ��8�'Qj� � � . —� I� � � � �' ��-..S�....C,, � � [i!` , � ' .... � � ' � l�.� �� l ✓ � ` � � ^ _� ;e �, � F � I � � ,i�.` .-- f'' ` _. _ -w_._. �� , � . ' �✓ �4 � ....% "i __ i � � _ � � 5 __ j ' F> f ... j ! I i ',� t � � ; 's, piCFCR6Ek �,� ��1 � E 4uG1W � i��. � � .«..a_ . / � i!_'.��,, 1 anMC � � :� � ,t '_ � , �� ,�� `�i r � �j�" j.� t R►a�t�EK i- �, If I _ , i _�. � 0 i i � '' .. ! +', — _ ..`.. f ; ! � � � i i '� � �__- �i_ t • ; f 3 � ._ t _ . _ _ � , � � t i s_ t .-- , . . , . ..�. _� � �' •—. 'i I ( -M^_ ` „ ! �� K � ��. �� . ., , ��_ �.. i o�� ,� � ;� �t �E"--- � -:'� ( -�� °—; � , � � �.' �° ��•`.�. � t � t� �-- . ,s- � �� r- .:... 1_.( �_"' i ; - �. ; �_ � e � : �,.. r -- :�, ` i -•- i ''��-- ;�--_. � f �` r.�,"�� -�---_--�` � � �r �. � L E G E N D � �, Seasonal Road Load Limits 9 �-; ^� COUNTY ROADS:SEASONAL LIMITS �z _ _-= SEVEN(7)TONS PER AXLE p �, �`� NINE(9)TONS PER AXLE � �� TEN(10)TONS PER AXLE r All other roads not indicated on this map � �,,4�� 2,8�� are Four(a)Tons Per Arzie � � rne counry mees�istm m tms map are wpec� !o cnaipe Cue to me season.Pbase cmRrtn Feet E �d�,��b,W��..�,.��,e„� � N �,�""�°��" sa,«s: �+ cnyotFndiey eng�neerirg � f : Anoka County Highway Department ciryorFrid�eyGis � � � � 14408unkerLakeBlvd A^��W^b � Andover,MN 55304 � � � (763)754-3520 1 9 � - - � AGENDA ITEM CITY COUNCIL MEETING OF �°� MARCH 9, 2015 To: Walter T.Wysopal,City Manager , . From: Debra A. Skogen, City Cler�� Date: March 4,2015 ! Re: Resolution in Support of Legislation Establishing an Early Voting Process for Voters in Minnesota The Minnesota Senate has been conducting hearings on SF414, authored by Senator Katie Sieben, which introduces early voting. As an election administrator, our staff is on the front line ensuring Fridley residents have an accessible, efficient and secure voting experience. We are committed to administering the election laws and rules with the utrnost degree of integrity and security. No excuse absentee ballot voting was implemented in 2014. While the voter turnout was lower in the City, we did experience a 2% increase in absentee voting over 2012. Most of that increase occurred the last two weeks prior to each election. The majority of those voting did not understand the process and found it cumbersome and confusing and wondered how their ballots would be secured and counted. We provided information on the process and assured them every precaution would be taken to secure it properly and have it counted. The City has a Joint Powers Elections Agreement with Anoka County. The County administers the mail absentee balloting and the City administers the in person absentee balloting. The current in person absentee voting process requires city election staff to spend an average of about 10 to 15 minutes per voter for election sta.ff and other city staff members serving on the Absentee Ballot Board another 4 minutes per absentee ballot which equates to about $7.43 per absentee ballot. The absentee ballots are then sent to Anoka County for additional processing and tabulating. With the advent of no-excuse absentee ballot voting, the number is expected to increase substantially in 2016, as it is a presidential election year with no presidential incumbent on the ballot. In person absentee voting in Anoka County begins 46 days before each election and encompasses about 19 steps from the time the application is completed until it is turned over to Anoka County for additional processing and counting. Attachment 1 is a chart showing the voter's experience between in-person absentee ballot voting and early voting for reference. The County would continue to administer mail absentee balloting and delegate early voting to the cities. Early voting would begin 15 days before each election and would encompass 9 or 10 steps. For the City of 100 Fridley it means a change from 373 "voting hours" to 137 "voting hours" per election providing a 66% reduction in staff time. This change would also make the process more transparent and efficient for our voters. Early voting provides the voter the same experience as the polling place allowing them to place their voted ballot in the vote tabulator before they leave. They would know first-hand that their ballot was counted or be provided an opportunity to correct their ballot if the vote tabulator returned their vote. Staff believes early voting is a "no brainer" and makes much more sense. The national and local media already refer to absentee ballot voting as early voting. Our election equipment is new and can handle the process. Early voting is a more cost effective method and a more transparent and efficient process for our voters. Staff recommends a motion adopting a resolution in support of legislation establishing an early voting process for the Voters of Minnesota, as shown in Attachment 2. 101 { i t. ''}. �r�_ �� .. The Voter's Ezperience in the 2014 Elections n�n m.�dti»mwc nw a.o�a m��o� i��a,i��m�s ' ' - - �.,�.i, � u �.� i�.i i i� .��i„ �, n �,.0.. ��a.� Counry Audrtor or � /\ Municipal Clerh maNS hlank �:;_�_} V V absmtee ballot eppiicatwn to eligi6le CpuiKy or Muncipaltiy pemwnmt Election sta11 bok the voter up absentee Dallot Voter receives and in the StatewMe Vohr voten. completes absertee ��mo6on Syatem to verAy .._.._._... _._. ... baiio;applica:�.or: their rcgistra6o�status. VMer may dovmload and retums d m fhe an ebsentee balbt Counry or �appMeation from the �'�unmpa�ity via Secretsry of Statc, USPS,fax,email or Election Olficial assembks and mails � Cou Ekctioas in person. a packet of absentee ballot votirg and Municipal matenals Inctuding: webaRes �,tb-�ae�m.n• _...°_'"_""_.. V�d�ecYOns Voter may o6fa�n an �s� � ebaenh+e ballot �""��a ep�rc,�on m perso� �meba� �s�w.a at County AudNar esenp� and MutNCqW Clerk Elettion Official mai!s the �b otfiees.TMy may abseMee ballot packet to the ��«r �j!�� also ull atW rpuest voter at Ne atldress listetl on `""d0o` �y�„ I�1 �t1�i0on�s the absentee ballot �� 4liVltM b tliem vta application or gives the �sa�+� �� USPS,tez,or emaA absentee ballot packei ta Me °"�` re�siwm n voter appeanng in person. �'a��1 : , . .:, :.:.. , ..... -, s :, .. r . . f`i k';?�t(i�IS iqlila�RBIP�lYBL. � � �� ,._, . .,.. ,� .- ._ . .:;ct�€xn�r�,ai. Voter appears Election OfM1cwl Elecdon Ofival pnMS. . :EJectiu�OlBcial 2 Vaer corr.p:Etts m person, uses SYftS to labels fmm SVRS, d�reete voter to a ani sf�na Voter catqiletes md verily voter's assemblec abserrtce votitp booth. �- RBg�,� w6mRS en reputratim vobny packet,and obserrtee bada ahtus. yiveo rt ro ihe voter �� j �Dd�� . . � . _ . ,a.`�-;r MMerc u no label, Voter p�ces rcwnNla Voter ma�ks the vote:pl�cce s��:� voiar vrtLLes name and cecrecy eovelope Inside ballot.foMs A and VRA m empiy �d6ess on Me egnahire envelope(wNh seab x e�o the manAa s�naLire enve'�tpe. e � sgnawre amelope. the VRA rf appropriaDe) secrecY�mebpe. IeaJes n u!isea� and seab it a�a aeta it as�ris. ��,�.iF4 ry.�„�_- I �. �/ �I..i6"� .. ,._ ... � . � . . _.,,�e,�.-.�c;��. Vder records MN drivers Eleetwn ORCial pntris their - {f tbe s+ynaGfre ertvabpe icmx7MN ID number or lut neme and title on tl�e coroertts a VRA.N�e Eieetion four dipib W fheir aoclal epnature envebpe and Ott1�a!muse?eewd proef of security number on the s�s tln.vr name. vWx(s resiQe!1Cy as a,rt��netl flf�WdNQ MVl�2. Oy Stal?'iidRttPS. ... __�.._ '.;��--2.-�,i-' �r , � ... � � . �.::,-�R-`-". ��a rejects /lbsentee Bafiot Ekctan O}fulal secures Election OlUeial tees usxg (AB)8oard opens sgnature envebpe with gyRg lo doeu�eM eMeria set�Orth by state locked box aM voter'c baHot•;Votar yut the�aers 6aYot `�. statu�s md secwes batlot' romoves bailot for poes hame. has been reeeived. . Proeesaui0.' � � �� .. ... _ .. . ..� AB Hoard uses qg go��s AB 8oard opens AB Board Inserts vo(ers ballut into the SVRS to record ajyrw{yrc e�velopes and manila btllot tabulator.If en ertor is that the voteYs �pyey�j�secrecy envelopes, diecovered,ihe AB Board processes tt ba8ot tias bee� mvelapes as pemylted rcmovs bepds as rt b.The wter does not have an mepted a by s�e stsMes.• and flattena ihe opporhmfty to correct d. rejected" folds.' Si�' . .. ,. .� .. ,. . .. .,_.... ,t�t:�� 1,.,k-'"4 � ,: .^. .: .., : ,-. ��_,. ._, /� t.r_ . �>j „^.+,':._i �;. . t:F.��;� Pmducea by Tartl Hsp�ted.Nsw&lphbn dly CN�k.on b�f A15he MN GM�s and FNence ORkm Asfxlatlon(MCFpq) � � � � ( � I � � . + � I i I � MN�ter�e VaRtx �4}[d9tpry SlCrti Vofers arrive at Voter provides Election Official �r - -- des�gnated Eariy name and address uses SVRS to verify v ��; ! ��J,- Voting polling in the same manner voter's registration �,t. Appi�crat�on i V€�A� �.; piace,County as Hection Day, status. t�-,�=sn.�;� rn� _r ,,; Auditor's office or � � _ , ��,-' Municipv!Cierlc ` office. {#the�ster�k�s��errer�n t�e 6a�Ot... � � � _ _��:��: Af t1�e directia� Election Official Voter signs the r�ec;;or�C_:�ffic_i<,° of th�E(ection gives bailot to Roster or Voter vi�ws��root c�f nffir_ial„voter the voter and Certiticate in the residency csnc� inse�is bc�lkyt into directs voter to a same manner as rec_ords it on th� )h�spoile�c!bailoi voting booth in Hection DaY• Vofer RegCsfiratic;r, envelc�pc in the the same Appl'�ation in t17� same manner as �nner as some mc�nne; ;as E(ectEc�n Day. � Election Day. El�ctic»i C�crv MN Siate�w�de Voter Resaslratan �►�i ffyste�n E1ec#ior�Otfir:ial g3ves Election Official Vote� places their own v�te� a r��ic�ce�er3# up�a�es record in ballot directly into the �{ k�allc�t c�r�c1�iu•�c#s tt�rr� SVi25 while the voter securcd ballot tabulatw ficr r�vcftie�p�o�+t�in#hE marks their ballot. in the same manner as �s sarr7e�iar�s;�� ;.�s Elecfion Day.* e��t��k��fa�7�. The voter leaves and may not cast another ballo#. �°. .� 1, i�'�e�� ,...d<.. � . �?�� .i...�YF3� .0. ��` 1fii. . .. � . .r ik , . �:2.�, .a:� ., t , Produced by Tertf Haarstad,New Bdghton CIty Clerk,on be�.S�,�f ihe MN Clerks and Hnance Offlcer Assoclaflon(MCFOA) Attachment 2 CITY OF FRIDLEY RESOLUTION NO. 2015- A RESOLUTION IN SUPPORT OF LEGISLATION ESTABLISHING AN EARLY VOTING PROCESS FOR VOTERS IN MINNESOTA WHEREAS,Minnesota law currently provides for no-excuse absentee voting by mail and in-person; and WHEREAS,with in-person absentee voting,the voter must place their voted ballot in a series of envelopes that is processed at a later date by election officials; and WHEREAS, early voting would allow a voter to place their voted ballot directly into the ballot tabulator, thereby reducing the risk of voter errors and reducing the administrative costs involved with in-person absentee voting; and WHEREAS, a process will still be provided for voters to request and submit an absentee ballot by mail; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby supports legislation establishing an early voting process for the voters in the State of Minnesota; BE IT FURTHER RESOLVED that by establishing an early voting process, taxpayer dollars will be saved and a better service will be provided to Minnesota voters. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF MARCH 2O15. Scott J. Lund, Mayor ATTEST: Debra A. Skogen,City Clerk 104 - AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 9, 2015 c�y of Fridley INFORMAL STATUS REPORTS 105