CCA 06/11/2018 `'"�`d
ley CITY COUNCIL MEETING OF JUNE 11 , 2018
Fri
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)
CONFERENCE MEETING (6:00 p.m.)
1. Parks & Recreation Updates.
2. Feeding Wild Animals.
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of May 29, 2018 1 - 7
NEW BUSINESS:
2. Receive the Minutes from the Planning
Commission Meeting of May 16, 2018 8 - 14
3. Variance Request, VAR #18-01, by Archnet, Inc.,
on behalf of the Property Owner, GMROI, LLC, to
Allow the Construction of a Canopy for a Customer
Pick-Up Area Along the North Side of the
Building, that will Encroach into the Front
Yard Setback 11 Feet, 7 Inches, Instead of the
Code-Required 25 Feet, Generally Located at
5353 East River Road N.E.;
and
Resolution Approving Variance, VAR #18-01,
to Allow a Canopy to Encroach into the Front
Yard Setback 11 Feet, 7 Inches, at 5353 East
River Road N.E., Petitioned by Archnet, on
Behalf of the Property Owner, GMROI, LLC
(Ward 3) 15 - 30
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2018 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Special Use Permit Request, SP #18-02,
by Archnet, Inc., to Allow a Building Addition
that will Increase the Lot Coverage from 40%
to 49.2%, Generally Located at 5353 East
River Road N.E.
and
Resolution Approving Special Use Permit,
SP #18-02, for Archnet on Behalf of the
Property Owners, GMROI, LLC, and Patricia
Paraschuk, for the Properties Located at
5353 East River Road NE, and Parcel ID
Number (PIN) 22-30-24-43-0009 (Ward 3) 31 - 39
5. Resolution Appointing an Absentee Ballot
Board for the 2018 Election Cycle 40 - 41
6. Approve a Pollbook Use Agreement for Elections
between the City of Fridley and the County of
Anoka 42 - 47
7. Approve Revised Construction Cooperation
Agreement between the City of Fridley and
Metropolitan Council Environmental Services
for Restoration of Community Park (Ward 3) 48 - 51
8. Receive the 2017 Single Audit Financial Report
and Audit Review 52
9. Claims (181014-181181) 53 - 77
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2018 PAGE 3
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
ADOPTION OF AGENDA:
OLD BUSINESS:
10. Second Reading of an Ordinance Repealing
and Replacing Chapter 125 of the Fridley
City Code Related to the Licensing of Massage
Therapy Businesses and Massage Therapists;
and
Adopt Official Title and Summary Ordinance 78 - 94
PUBLIC HEARINGS:
11. Consider the Revocation of Special Use Permit,
SP #07-01, to Allow an Auto Recycling Center
(Junk Yard) in M-1, Light Industrial Zoning District,
Generally Located at 1230 — 73`d Avenue N.E.,
1240 — 73 1/2 Avenue N.E., and 7340 Central
Avenue N.E. (Ward 2) 95 - 99
12. Consider the Creation of Tax Increment Financing
(TIF) District No. 24 — Northern Stacks VIII (Ward 3) 100 - 118
NEW BUSINESS:
13. Resolution Modifying the Redevelopment Plan for
Redevelopment Project No. 1 and the Tax Increment
Financing Plans for Tax Increment Financing
Districts Nos. 6, 9, 11-13 and 17-23, to Reflect
Increased Project Costs and Increased Bonding
Authority within Redevelopment Project No. 1,
Creating Tax Increment Financing District No. 24
and Adopting a Tax Increment Financing Plan
Relating Thereto (Ward 3) 119 - 128
FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2018 PAGE 4
NEW BUSINESS (CONTINUED):
14. Preliminary Plat Request, PS #18-03, by
Cornerstone Private Asset Trust Co.,
LLC, FBO Gary Valley, to Subdivide One
Large Single-Family Lot to Create Three
Single-Family Lots, Generally Located at
6663 Lucia Lane N.E. (Ward 2) 129 - 140
15. Final Plat Request, PS #18-02, by Pulte
Homes, to Replat the Properties, Generally
Located at 6911 University Avenue and the
Vacant Parcel to the East to Allow for the
Construction of 26 Villa Homes;
and
Resolution Approving Final Plat, P.S. #18-02,
by Pulte Homes, on Behalf of the Property
Owner, the City's Housing and Redevelopment
Authority, to Allow the Construction of Villa Homes
on the Property, Generally Located at 6911
University Avenue N.E. and Parcel ID Number
(PIN) 11-30-24-34-0014 (Ward 1) 141 - 142
16. Approve Locke Pointe Development Contract
between the City of Fridley and Pulte Homes
(Ward 1) 143 - 157
17. Motion to Suspend Individual Massage
Therapy Licenses 158 - 159
18. Informal Status Reports 160
ADJOURN.
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Fridley
FRIDLEY CITY COUNCIL MEETING
OF JUNE 11, 2018
7:00 p.m. - City Council Chambers
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CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 29,2018
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Scott Hickok Community Development Director
James Kosluchar, Public Works Director
Deb Skogen, City Clerk
Dave Mol, Redpath and Company
Brandon Brodhag, Civil Engineer
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of May 14,2018.
Jay Karlovich, City Attorney, noted the date on page one of the minutes should reflect May 14,
not May 15.
APPROVED AS AMENDED.
NEW BUSINESS:
2. Resolution Scheduling a Public Hearing on June 25, 2018, on a Proposed Amendment
to Fridley City Charter, Chapter 8, Public Improvements and Special Assessments and
Directing Publication of the Text of the Ordinance in Full.
ADOPTED RESOLUTION NO. 2018-24.
3. Resolution Repealing and Replacing Resolution No. 2018-14 Considering a
Comprehensive Plan Amendment, CP #18-01, to Update the Economic and
Redevelopment Chapter of the Fridley 2030 Comprehensive Plan.
ADOPTED RESOLUTION NO. 2018-25.
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FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 2
4. Receive Bids and Award the Locke Parkway Construction Project No. 2018-02.
RECEIVED BIDS AND AWARDED CONTRACT TO LOCKE PARKWAY
CONSTRUCTION PROJECT NO. 2018-02.
5. Claims (ACH PCard 1805; 180860 - 181013).
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to adopt the proposed consent agenda as presented.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM,VISITORS:
No one from the audience spoke.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
6. Receive the 2017 Comprehensive Annual Financial Report and Audit Review.
Dave Mol, Redpath and Company, presented the 2017 Comprehensive Annual Financial Report
and Audit Review.
Councilmember Bolkcom asked when the audit related to federal funds would be completed
and presented to Council.
Wally Wysopal, City Manager, replied that it would come before Council for review and
acceptance very soon. The field work is completed and waiting for final review. He thanked
staff for all their work preparing for this audit.
MOTION by Councilmember Bolkcom to receive the 2017 Comprehensive Annual Financial
Report and Audit Review. Seconded by Councilmember Saefke.
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FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 3
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS:
7. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2018 Street
Rehabilitation Project No. ST2018-01 (Continued May 14,2018).
MOTION by Councilmember Varichak to remove the resolution from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Brandon Brodhag, City Engineer, said this item was tabled at the May 14 City Council
Meeting. The resolution directs preparation of final plans and specifications and authorizes the
advertisement for bids for the 2018 Street Rehabilitation Project No. ST2018-01. The City's
Capital Investment Plan includes rehabilitation of 69th Avenue from Central Avenue to Stinson
Boulevard and along Anoka Street from 69th Avenue to South Terminus. The total project length
is approximately 0.65 miles. The existing roadway is 52 feet on the east end and 60 feet on the
west end where there are turn lanes. This road was widened in anticipation of high traffic
volumes to and from New Brighton as part of the Medtronic development. Traffic volumes on
the roadway do not support the need for such a wide road section. The average annual daily
traffic is 2,800 vehicles on the west end near Medtronic. The roadway connects to Ramsey
County Road H at the eastern City limits, which is 32 feet wide, curbed on one side, with 4 feet
shoulders (12-foot lanes) and no parking.
Mr. Brodhag said the proposed section for 69th Avenue on the eastern portion is similar with 28
feet wide, curbed on both sides with 2-foot unmarked shoulders and 12-foot lanes. This would
reduce pavement by 24 feet along the entire corridor. On-street parking would be eliminated.
Turn lanes would remain on the west end to serve Medtronic Parkway and Siverts Lane. The trail
is proposed to be moved to the south side of the roadway, and a stormwater treatment swale will
be constructed between the trail and the roadway.
Mr. Brodhag stated in addition to reconstructing the street, the project as proposed will help
reduce maintenance, reduce speed, reduce the cost of the project and assessment and improve
water quality. He said a public hearing on special assessments for this project was held at the
May 14, 2018, City Council meeting. Comments received at the public hearing included
concerns for lack of on-street parking and narrowing of the roadway. There were no comments
or concerns raised on the proposed special assessments. On-street parking is generally not
provided for multi-family residential developments as it has been to date on 69th Avenue.
However, due to site constraints, Timber Ridge Townhomes was given special consideration and
they have been presented with options to allow for additional parking spaces adjacent to their
property on Anoka Street to supplement their on-site parking. Staff advised an agreed to number
of spaces could be provided on either Anoka Street or 69th Avenue, but the association would be
assessed for the added spaces at approximately $2,000-$2,500 per space. Staff provided a
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FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 4
concept for 12 spaces of on-street parking on Anoka Street as an example (Anoka Street was
chosen as this would provide closer access to the southern set of townhomes). Staff attended
their HOA meeting, and clarified these concepts. Timber Ridge Townhomes Association
declined to pursue on-street parking due to cost.
Mr. Brodhag noted staff has had meetings and corresponded with Rice Creek Townhomes
regarding a similar offering of on-street parking that would be assessed. Staff has not received a
request from Rice Creek Townhomes for on-street parking. Staff also notes that no representative
for Rice Creek Townhomes attended the hearing. While the road section would be a change as
well for residents who live in the single-family homes on the south side of 69th Avenue, this was
not brought up as a strong concern at prior meetings. The proposed roadway section meets state
aid standards and is in place on other City state-aid routes. In addition, it is noted that residents
on the south side of 69th typically have fairly large driveways compared to most single-family
residential properties in Fridley.
Mr. Brodhag said staff believes the project as presented meets numerous important goals
beyond rehabilitation of the roadway as outlined above. We also believe that reconstructing the
existing overly-wide roadway section and maintaining extensive on-street parking at the City's
cost is not in the best interest of the City. Staff recommends the City Council move to remove
this item from the table and adopt the attached resolution ordering final plans, specifications and
calling for bids for 2018 Street Rehabilitation Project No. ST2018-01. Further, staff will
implement any specific direction Council may wish to provide regarding the proposed project in
completion of its plans.
Councilmember Varichak asked what the result was after asking Timber Ridge Townhomes if
they would consider paying for the extra parking.
Jim Kosluchar, Public Works Director, replied the townhome association emailed and said they
still were not interested in paying for the additional parking.
Councilmember Bolkcom asked if the townhome association understood they would not be able
to park on the street.
Mr. Kosluchar replied correct.
Barb Rasmussen, Timber Ridge Townhomes, stated the reason they voted no for the extra
parking was that the Association does not think it should be a cost to the townhome owners.
They do not understand why the parking on 69th Avenue is being taken away. The townhomes
only have parking in circles in the streets that are for emergency vehicles. The car ports only
allow for 2-3 cars plus the parking in the garages. The Association wanted to voice their
concerns and wanted to keep one lane of parking on 69th at no cost to Timber Ridge.
Mr. Kosluchar replied that generally apartment and multi-family developments are responsible
to provide their own parking within the site which is why staff came up with the proposal. The
City should not pay have to pay for parking associated with the townhomes.
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FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 5
Councilmember Bolkcom noted there is a problem parking on 69th in the winter with plowing.
Mr. Kosluchar stated that Timber Ridge residents typically are not violators of the parking
requirements on 69th Avenue in the winter.
Councilmember Bolkcom said if residents could find places to park in the winter, they should
be able to park elsewhere if the parking was removed on 69th Avenue.
Ms. Rasmussen said parking is an issue if people have graduation parties or other events where
extra parking is needed. She also noted they will be resurfacing the streets and carports in the
future and parking will really be an issue during that construction.
Mayor Lund replied staff may have ideas for temporary parking for Timber Ridge when they
are resurfacing the streets in the development. There is limited parking for Timber Ridge
residents and staff has attempted to find options, but the homeowners do not want to pay the
assessment. Parking on the street would be a benefit to the association which is why the
homeowners would be assessed.
Mr. Kosluchar said staff would be able to offer a few options for parking during construction.
MOTION by Councilmember Varichak to adopt Resolution No. 2018-26. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
8. First Reading of an Ordinance Repealing and Replacing Chapter 125 of the Fridley
City Code Related to the Licensing of Massage Therapy Business and Massage
Therapists.
Deb Skogen, City Clerk, said staff conducted research of the massage therapy business licensing
due to issues the City had with businesses claiming they do massage therapy but are really a
front for criminal activity. After thorough study and review staff prepared an ordinance which
would create massage therapy business license and individual massage therapist license and
regulations. The draft was provided to the police department and city attorney for review. Staff
presented the draft ordinance at the May 14, 2018 conference meeting for review and discussion
by the City Council. After the meeting, the City Attorney completed drafting the ordinance
recommending the repeal and replacement of City Code Chapter 125 entitled Saunas and
Massage Parlors to Massage Therapy Businesses and Massage Therapists No major changes
were made to the ordinance since the conference meeting.
Ms. Skogen noted the ordinance does the following:
• Provides findings for the licensing of massage therapy business and therapist
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FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 6
• Creates definitions more in tune with a massage therapy business and today's
terminology
• Requires a license for a business and individuals
• Provides similar exceptions to what is currently in the Code
• Defines what is on an application
• Defines the requirements of the applicants
• Defines the initial term and renewal of license
• Provides for the license investigation and verification
• Provides a process for denial, suspension or revocation of a license
• Defines License restrictions
• Allows the police the authority to enter the business during business hours to inspect and
• search the premises to ensure compliance
• Sets the license and investigative fees
Staff recommended the City Council waive the reading and adopt the first reading of this
ordinance.
Councilmember Bolkcom asked for an explanation of the paragraph on page 4 of the ordinance,
number 3.
Ms. Skogen replied the language was provided for individuals who were licensed by the state.
She was not sure why a dental professional was included but was information provided by the
city attorney's office.
Councilmember Bolkcom asked on page 5, number 6, if they could still get a license if taxes
were not paid.
Ms. Skogen replied it is similar to a liquor license. If taxes or utilities are not paid, there would
be reason for denial or non-renewal of the license.
Councilmember Bolkcom asked staff to review the language in the section regarding term and
renewal of the license on page 9. She asked if they had to show current education and insurance
every time the license was renewed.
Ms. Skogen replied yes.
Councilmember Bolkcom asked for explanation on page 9, number 3, regarding the academic
requirement and minimum of 7 years work experience.
Ms. Skogen replied this was for massage therapists without formal education who have taken a
Board certified test allowing them to practice. The additional experience provided and the
certification would be similar to taking a formal education program of 600 credits.
MOTION by Councilmember Barnette to waive the reading and order the adoption of the first
reading of an Ordinance Amending Fridley City Code Chapter 125. Seconded by
Councilmember Varichak.
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FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 7
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Informal Status Reports (sewer Rates Follow-up).
Wally Wysopal, City Manager, stated that sewer use is unlike water, gas, or electric because it
cannot be metered at the home. Determining a"fair and reasonable charge" for sewer, while not
an exact science, is reasonable if the charge takes into account "system costs" and "usage".
System costs are expenses for repairs, maintenance, upgrades, labor, parts, materials, debt
services, depreciation, and the entire system and are not based on usage. A 2008 study showed
investment is below depreciation making it a non-perpetual system. Repairs/improvements to
any part of the system are related each user. Each user needs to pay a reasonable share of the
costs to the entire system.
Mr. Wysopal noted that water consumption is down 20%. Sewer revenues based on
consumption are not covering system costs. Base charge needs to increase across all tiers. The
impact has been the most on the lower water users. All cites are experiencing the same effects
and moving to a base charge. If you take the sewer rate structure from 2008 increased by a
modest 3.5% inflation rate, which is not close to the average increase in the MCES charges over
the same period, that 2018 rate structure would be $51.25 base and $4.28 per 1,000 gallons. The
2018 rate strikes a tighter balance between commercial and residential.
Mr. Wysopal said we needed a year's worth of experience to understand how this new rate will
work. The increase is not going to be 4% for 2018 but will be 9%. Rates that we adjusted were
predicated on a 4% increase charge. The amount of revenue we thought we would have will
decrease. Staff report to council if adjustments need to be made on the fairness and
reasonableness of the charge.
Scott Hickok, Community Development Director, announced the Fridley Environmental Quality
and Energy Commission is sponsoring a five-mile bike and hike event on Saturday, June 2.
They will meet at 10 a.m. at the Community Center and leave at 10:30 a.m.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:05
P.M.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor
7
CITY OF FRIDLEY
PLANNING COMMISSION MEETING
MAY 16,2018
Call to Order:
Chair Kondrick called the City of Fridley Planning Commission Meeting to order at 7:00 p.m.
Roll Call:
Members Present: Mike Heintz, Rachel Schwankl, David Ostwald, Mark Hansen, and David
Kondrick
Members Absent: Brad Sielaff and LeRoy Oquist
Others Present: Stacy Stromberg,Planner
Gary Valley,Cornerstone Private Asset Trust Company
Paul Neiley, 6610 Lucia Lane
Troy Eichmann,Furniture Mart USA
Roger Tomten,ARCHNET
Approve Planning Commission Meeting Minutes:
March 21, 2018
MOTION by Commissioner Hansen to approve the minutes as presented. Seconded by Commissioner
Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY
Public Hearing:
1. Consideration of a Plat, PS #18-03, by Cornerstone Private Asset Trust Co., LLC FBO Gary
Valley,to subdivide one large single-family lot to create 3 single family lots,generally located at
6663 Lucia Lane.
MOTION by Commissioner Ostwald to open the public hearing. Seconded by Commissioner Hansen.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING OPENED AT 7:01 P.M.
Stacy Stromberg, Planner, stated that the petitioner, Gary Valley, with Cornerstone Private Asset Trust
Company, who is the owner of the property at 6663 Lucia Lane, is requesting a preliminary plat to allow
the subdivision of one large single-family lot to create three single family lots.
Ms. Stromberg noted that the subject property is zoned R-1, Single Family as are the properties to the
south and the east. The property to the west is zoned R-3, Multi-family and has an apartment building
located on it. The properties to the north are also zoned R-3, Multi-family and they are occupied with
single family homes. The existing home on the lot was constructed in 1951 and the garage was
constructed in 1955. An addition to the home was constructed in 1979. There isn't a building permit
record for the existing garage that will be located on Lot 2, so it is staffs' assumption that it was
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City of Fridley Planning Commission Meeting of May 16, 2018 2
constructed prior to 1949, which was when the City of Fridley was incorporated. Fridley requires that
lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet.
Ms. Stromberg reviewed that the existing lot is 81,515 sq. ft in size. After the replat, proposed Lot#1
which is where the existing house and garage are located, will be 30,950 sq. ft. in size and 75 ft. wide.
Proposed Lot#2 which is where the older garage is located will be 10,540 sq. ft. in size and 75 ft. wide.
Lot #3 will be 40,000 sq. ft. in size and 144 ft. wide. The petitioner notes that the reason Lot #3 is so
large is because they want to keep it as close as they can to allow connection to the sanitary sewer in the
street. The reason that Lot #2 has a jog to it is to ensure it has the 75 ft. of width that is required and to
also make sure the existing garage on Lot #2 will meet the 5 ft. setback requirement for an accessory
structure.
Ms. Stromberg said that City Staff recommends approval of this preliminary plat request as the lots
exceed minimum size requirements. City staff recommends the following stipulations if the preliminary
plat is approved.
1. All necessary permits shall be obtained prior to construction of new homes, including but not
limited to building, driveway, land alteration.
2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of
any building permits, in order to minimize impacts to the surrounding properties.
3. Any requirements set forth by the Rice Creek Watershed district shall be met.
4. Property owner, at time of building permit application, shall provide proof that any existing wells
or individual sewage treatment systems located on the site are properly capped or removed.
5. Property owner at time, of building permit application for the construction of the single-family
homes, shall pay all water and sewer connection fees.
6. Property owner, at time of building permit application for the construction of each new single-
family home, shall pay $1,500.00 required park dedication fee per lot. (2 new lots = $3,000.00
park dedication fees to be paid)
7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be
removed for the proposed homes shall be marked and approved by City staff prior to issuance of
building permits.
8. The new house on Lot #2 needs to be constructed within 36 months of final plat approval or the
existing garage needs to be removed.
Commissioner Schwankl asked if any trees that were removed needed to be replaced.
Ms. Stromberg replied that the site is pretty wooded, and Fridley doesn't have a tree replacement
ordinance to enforce, so staff is asking that they preserve as many trees as the can, but understand that
likely many will need to be removed.
Commissioner Hansen asked why the garage wouldn't be removed.
Ms. Stromberg replied that the garage is in good condition considering the age which is why they want
to keep it.
Gary Valley, Property Owner, said that he understood the stipulations and had no objections to the staff
report.
Commissioner Heintz asked if the building on the second lot would need to match the garage.
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City of Fridley Planning Commission Meeting of May 16, 2018 3
Ms. Stromberg replied that it would need to be architecturally compatible with the colors and roof lines.
Staff could add that as a stipulation, if the Commission wanted.
Chairperson Kondrick asked how old the garage was.
Mr.Valley wasn't sure but if it couldn't be incorporated with the new home it would be taken down.
Commissioner Schwankl asked if there was a specific time frame was to build.
Mr.Valley replied no,he just started on the project.
Commissioner Hansen asked what kind of home would be built or what the price range would be.
Mr.Valley replied that those details have not been worked out yet.
MOTION by Commissioner Heintz to move into record the letter from Alina Cramble at 6645 Lucia
Lane and Stacy Neiley at 6610 Lucia Lane. Seconded by Commissioner Schwankl.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Paul Neiley, 6610 Lucia Lane, was not opposed to the development of the lots but was concerned about
the traffic on the street. He asked for confirmation that this would not be multi-family homes.
Chairperson Kondrick said that this is zoned R-1, so is zoned for single family homes.
Ms. Stromberg noted that in the future this could be rezoned but another public hearing would need to be
held. The petitioner is requesting to build single family homes.
Mr. Neiley asked if the Planning Commission would consider looking at the traffic levels and maybe do
something like a cul-de-sac at the end of the street.
Chairperson Kondrick replied that this meeting is recorded and City Council would also have the
minutes so they will be aware of the issues.
MOTION by Commissioner Hansen to close the public hearing. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING CLOSED AT 7:23 P.M.
MOTION by Commissioner Oswald to approve the Consideration of a Plat, PS #18-03, by Cornerstone
Private Asset Trust Co.,LLC FBO Gary Valley,to subdivide one large single-family lot to create 3 single
family lots,generally located at 6663 Lucia Lane,with the stipulations as submitted by staff. Seconded by
Commissioner Heintz.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY
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City of Fridley Planning Commission Meeting of May 16, 2018 4
Ms. Stromberg noted that public works and public safety have been active with the neighborhood and
Islamic University to try to come up with solutions for the traffic issues.
2. Consideration of a Special Use Permit, SP#18-02, by ARCHNET, to allow a building addition
that will increase the lot coverage from 40% to 49.2%, generally located at 5353 East River
Road and PIN#223024430009.
MOTION by Commissioner Hansen to open the public hearing. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING OPENED AT 7:26 P.M.
Stacy Stromberg, Planner, stated that the petitioner, Roger Tomten, on behalf of Ashley Furniture, is
seeking a special use permit to increase the allowable lot coverage requirement from 40%to 49%to allow
the construction of a building addition on the north and south side of the existing building, which is
located at 5353 East River Road. To allow the southern building addition, the property owner has
negotiated purchase of the vacant lot to the south,contingent upon City approvals.
Ms. Stromberg stated that the property is zoned M-2, Heavy Industrial, as are the properties to the south,
west and east. The property is bordered by the East River Road Service Drive and Interstate 694 on the
north. The property was originally developed with the construction of a 142,000-sq. ft. building in 1971.
Furniture Mart USA, Inc. purchased the property in 2004 to operate an Ashely Furniture retail store and
warehouse. In preparation for the purchase of the property, Furniture Mart applied for and received a
special use permit in 2003 to increase the lot coverage requirement from 40% to 48% to allow the
construction of a 46,336-sq. ft. warehouse addition to the building. As a result of that special use permit
approval,the addition was constructed in 2004,and the building has remained the same size since then.
Ms. Stromberg reviewed that in 2012, Furniture Mart purchased the old Home Valu building at 5401
East River Road and expanded and remodeled that building to allow for the Furniture Mart retail store
and warehouse that exists today. This "campus" approach has worked for this property owner and their
business has continued to grow as they have opened up other retail stores within the metro area. This
property serves as the warehouse space for all the retail stores in the metro and because of the continued
growth of this business, there is a need to further expand the existing building for additional warehouse
space.
Ms. Stromberg said that the property owner designed the proposed warehouse addition on the south side
of the building which will then move all semi-truck deliveries to Industrial Blvd. The existing truck dock
area off of the East River Rd Service Drive will be dedicated to an enhanced customer pick up area and
for straight truck loading and delivery. This design separates semi-truck traffic from the customer pick up
traffic. To increase efficiency and customer service on the site, the property owner would also like to
construct a small addition on the north side of the building with a canopy for customers that are picking
up their furniture. The layout they are proposing will be a covered loading area that will improve the
safety and configuration of the customer pick up area. This addition will require a variance that will go
before the Appeals Commission on June 6,2018.
Ms. Stromberg said that the petitioner is seeking a special use permit to increase the lot coverage
requirement for the two properties combined from 40% to 49% to allow for the construction of the
warehouse and customer pick up addition. The existing Ashley Furniture property along with the vacant
parcel to the south is 491,534 sq. ft. in size. The existing building is 188,794 sq. ft. and the proposed
warehouse and customer pick up additions will add another 52,833-sq. ft. As a result of the additions,the
11
City of Fridley Planning Commission Meeting of May 16, 2018 5
total building area will be 241,627 sq. ft., which increases the lot coverage to 49%,therefore the need for
a special use permit.
Ms. Stromberg said that the code requires that a special use permit may be granted to increase lot
coverage to 50% as long as the property is meeting all other code requirements. The new additions will
require a total of 26 new parking stalls. Twenty-one parking stalls will be removed to allow for the
construction of the addition to the south. The petitioner is showing on the site plan room for 56 new
stalls, which is 9 stalls more than code would require. If the petitioner doesn't need the extra parking
stalls, staff would encourage the installation of more green space or landscaping as opposed to extra
parking. The proposed southern addition complies with all setback requirements. Prior to building
permit approval, all landscaping and storm water requirements will also need to be complied with. City
staff hasn't heard any comments from neighboring property owners.
Ms. Stromberg said that Staff recommends approval of this special use permit request as an increase in
lot coverage for a one-story building from 40% to 50% is a permitted special use in the M-2, Heavy
Industrial zoning district,provided all other code requirement are met,subject to stipulations.
Staff recommends that if the special use permit is granted,the following stipulations be attached.
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building,fire, and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance
of a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior
to issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of
building permit.
7. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
Commissioner Heintz remembers when this building was converted and there was concern about getting
the fire trucks around the building; is that still an issue?
Ms. Stromberg replied that the Fire Department has looked at the site plan and require 20' around the
building and that requirement will be met.
Troy Eichmann, Furniture Mart USA said that this is a significant business operation in the second
generation of owners; the business was founded in 1977. Business has grown from 8 trucks to 16 trucks
and there are not enough dock doors to distribute the product. It is not efficient to run the trucks through
the current facility.
Chairperson Kondrick asked if the new building would be used to warehouse other facilities product.
Mr. Ikeman replied that this location will service only Minneapolis area with additional opportunity to
expand through the lake region like Brainerd,Baxter,and Bemidji.
Commissioner Ostwald asked what the timeline was to start building.
12
City of Fridley Planning Commission Meeting of May 16,2018 6
Mr. Eichmann replied that they would like to start moving dirt in July. They will work closely with the
architect to identify a general contractor to get started. Hopefully the project will be complete by the end
of year or early 2019.
Chairperson Kondrick asked if the he was ok and agreed with the stipulations.
Mr.Ikeman replied yes,they are standard and expected.
MOTION by Commissioner Hansen to close the public hearing. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING CLOSED AT 7:39 P.M.
MOTION by Commissioner Ostwald to approve the Consideration of a Special Use Permit, SP #18-02,
by ARCHNET, to allow a building addition that will increase the lot coverage from 40% to 49.2%,
generally located at 5353 East River Road and PIN#223024430009,with the stipulations as submitted by
staff. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY
RECEIVE by MINUTES FROM OTHER COMMISSIONS:
1. March 5,2018,Parks and Recreation Commission
MOTION by Commissioner Ostwald. Seconded by Commissioner Schwankl.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY
2. March 13,2018,Environmental Quality and Energy Commission
MOTION by Commissioner Hansen. Seconded by Commissioner Heintz.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY
3. February 1,2018,Housing and Redevelopment Authority Commission
MOTION by Commissioner Ostwald. Seconded by Commissioner Hansen.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY
4. April 5,2018,Housing and Redevelopment Authority Commission
MOTION by Commissioner Hansen. Seconded by Commissioner Ostwald.
13
City of Fridley Planning Commission Meeting of May 16, 2018 7
UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY
5. April 2,2018 Parks and Recreation Commission
MOTION by Commissioner Heintz. Seconded by Commissioner Schwankl.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED UNANIMOUSLY
Other Business:
Stacy Stromberg, Planner, said that the 2 items discussed at their March meeting, the billboard at the
public storage and the Pulte Homes patio home plan was approved by the Council. The next meeting is
June 20,pending agenda items.
Adjourn:
MOTION by Commissioner Schwankl to adjourn. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION
CARRIED AND THE MEETING ADJOURNED AT 7:46 P.M.
14
(_1,1 AGENDA ITEM
City
°f CITY COUNCIL MEETING OF
Fridley
JUNE 11 , 2018
Date: June 7, 2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Variance Request,VAR#18-01, by Archnet for Ashley Furniture at 5353
East River Road NE
REQUEST
The petitioner, Roger Tomten, on
behalf of Ashley Furniture, is requesting
a variance to reduce the setback that f,$; -
allows canopies to extend 10 ft. into
the required front yard setback. The
required front yard setback is 35 ft., so 7
a canopy can extend to 25 ft. from the GMTOI NepouuP lair
property line. A variance is being ..>�,,
sought which will reduce that setback ''.
from 25 ft. to 11 ft. 7 in. to allow the ' -'614161*.
construction of a canopy for a new
covered customer pick up area along
the north side of the existing Ashley Furniture building, located at 5353 East River Road.
SUMMARY OF PRACTICAL DIFFICULTIES BY THE PETITIONER
"It is proposed to have the customer pick up area reconfigured on the NW corner of the building in order to
enhance the customer pick up operations and access. The existing grade along the west side of the building
doesn't provide the accessibility needed for customers to pick up products and the internal layout of the
utility systems, which the property owner calls the "brains of the building" (fire suppression, generator,
electrical, security and other utilities) along the existing north wall, make it difficult to utilize this space for
the customer pick up area."
Troy Eichmann, Chief Operating Office—Furniture Mart USA
APPEALS COMMISSION RECOMMENDATION
At the June 6, 2018,Appeals Commission meeting,a public hearing was held for VAR#18-01. After a brief
discussion,the Appeals Commission recommended approval of the variance,with the stipulations
presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Appeals Commission and approval of the attached resolution.
15
STIPULATIONS
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building,fire, and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of
a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to
issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of
building permit.
7. Per Section 205 of the Fridley City Code, this Variance will become null and void one year after the
City Council approval date if work has not commenced or if the Petitioner has not petitioned the City
Council for an extension.
16
City of Fridley Land Use Application
VAR#18-01 June 6, 2018
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: SUMMARY OF PROJECT
Archnet, Inc. The petitioner, Roger Tomten, on behalf of Ashley
Roger Tomten Furniture, is requesting a variance to reduce the
333 North Main Street, Suite 201 setback that allows canopies to extend 10 ft. into
Stillwater MN 55082 the required front yard setback. The required front
Requested Action: yard setback is 35 ft., so as a result a canopy can
Variance reducing the front yard setback extend 25 ft. into the front yard setback by right. A
Existing Zoning: variance is being sought will reduce that setback
M-2 (Heavy Industrial) from 25 ft.to 11 ft.7 in.to allow the construction of
Location: a canopy for a customer pick up area along the
5353 East River Road NE north side of the existing Ashley Furniture building,
located at 5353 East River Road.
Size:
491,534 sq.ft. 11.2 acres SUMMARY OF PRACTICAL DIFFICULTIES
Existing Land Use: "It is proposed to have the customer pick up area
Ashely Furniture Building and vacant lot reconfigured on the NW corner of the building in
order to enhance the customer pick up operations
Surrounding Land Use&Zoning: and access. The existing grade along the west side
N: Interstate 694 & ROW of the building doesn't provide the accessibility
E: Industrial (Furniture Mart) & M-2 needed for customers to pick up products and the
S: Industrial& M-2 internal layout of the utility systems, which the
W: Industrial & M-2 property owner calls the "brains of the building"
Comprehensive Plan Conformance: (fire suppression, generator, electrical, security and
Consistent with Plan other utilities)along the existing north wall, make it
Zoning Ordinance Conformance: difficult to utilize this space for the customer pick up
Section 205.18.3.D.(1) requires a front yard area." Troy Eichmann, Chief Operating Office—
setback of 35 ft. Furniture Mart USA
Section 205.04.6.A.(3) allows canopies and SUMMARY OF ANALYSIS
steps to extend no more than 10 ft. into the City Staff recommends approval of the variance.
front yard. • Practical difficulties exist—existing grade
Legal Description of Property: condition and internal utility locations
See attached - _ •..
Building and Zoning History: a
1969—Lot platted
1971—Building constructed
2003—SUP issued to increase the lot / ;:
coverage from 40%to 48% P ' .. I
2004—Warehouse building addition -
constructed g ,
Public Utilities:
Building is connected
Transportation:
The property is currently accessed from the
Aerial of Property
East River Road Service Drive CITY COUNCIL ACTION/60 DAY DATE
Physical Characteristics: City Council—June 11, 2018
Building, hard surface parking and loading 60 Day—July 2, 2018
areas,with landscaping Staff Report Prepared by: Stacy Stromberg
17
Land Use Application
Variance #18-01
REQUEST
The petitioner, Roger Tomten, on behalf of Ashley Furniture, is requesting a variance to reduce the
setback that allows canopies to extend 10 ft. into the required front yard setback. The required front
yard setback is 35 ft., so a canopy
can extend to 25 ft. from the
� � r ' E4
property line. A variance is being ._
sought will reduce that setback
from 25 ft.to 11 ft.7 in.to allow
the construction of a canopy for a
new covered customer pick up •
area along the north side of the ` 6T0i�RpW/. jcir
existing Ashley Furniture building, ; z
located at 5353 East River Road.
•
In addition to the variance
request,the petitioner is also
asking for a special use permit to increase the allowable lot coverage requirement from 40%to 49%to
allow the construction of two building additions. One is as described above one the north side of the
building and the other on the south side of the building for a warehouse addition. The Planning
Commission recommended approval of this
`"•-A.., special use permit at their meeting on May 16,
2018.
�-� Of note,to allow the southern building addition,
3 4; 1) the property owner has negotiated purchase of
. the vacant lot to the south, contingent upon City
approvals.
�-° SUMMARY OF PRACTICAL DIFFICULTIES BY THE
PETITIONER
L — "It is proposed to have the customer pick up area
tom_ reconfigured on the NW corner of the building in
order to enhance the customer pick up operations
and access. The existing grade along the west side
of the building doesn't provide the accessibility
r» of
for customers to pick up products and the
internal layout of the utility systems, which the
property owner calls the "brains of the building"(fire suppression, generator, electrical,security and
other utilities)along the existing north wall, make it difficult to utilize this space for the customer pick up
area."
Troy Eichmann, Chief Operating Office—Furniture Mart USA
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy Industrial, as are the properties to the south,west and east. The
property is bordered by the East River Road Service Drive and Interstate 694 on the north. It was
originally developed with the construction of a 142,000 sq.ft. building in 1971 and operated as Wickes
18
Furniture store for many years. Furniture Mart USA, Inc. purchased the property in 2004 to operate an
Ashely Furniture retail store and warehouse. In preparation for the purchase of the property, Furniture
Mart applied for and received a special usepermit in 2003 to increase the lot coverage requirement
from 40%to 48%to allow the construction of a 46,336 sq.ft. warehouse addition to the building. That
addition was then constructed in 2004, and the building has remained the same size since then.
In 2012, Furniture Mart purchased the old Home Valu building at 5401 East River Road,which is directly
east of the subject property, and expanded and remodeled that building to the Furniture Mart retail
store and warehouse that exists today. This "campus" approach has worked for this property owner
and their business has continued to grow as they have opened up other retail stores within the metro
area. This property serves as the warehouse space for all the retail stores in the metro and because of
the continued growth of this business, there is a need to further expand the existing building for
additional warehouse space.
The property owner designed the proposed warehouse addition on the south side of the building which
will then move all semi-truck deliveries to Industrial Blvd. The existing truck dock area off o the East
River Rd Service Drive will be dedicated to an enhanced customer pick up area and for straight truck
loading and delivery. This design separates semi-truck traffic from the customer pick up traffic which
will increase efficiency and customer service on the site.
VARIANCE DESCRIPTION AND CODE REQUIREMENTS
The property owner would like to construct a 10 ft. addition on the north side of the building, which will
be used for a new customer pick up waiting and staging area. Beyond that addition they would like to
construct a stepped canopy that at its closest point will be 11 ft.7 in.from the property line. This
covered loading area will
improve the safety and
• configuration of the current
Property Line _ _ _ _ _ customer pick up area.
„ R
_._._.._.. __._. City code allows canopies
� and steps to extend into the
, _ required front yard setback
i not more than 10 ft. The
front yard setback
requirement in the M-2,
Heavy Industrial zoning
district is 35 ft., so as a
el result, the canopy can
—, L. , } '` i legally extend to 25 ft. Due
9 ry ` to the location of what the
property owner is calling
the "brains of the building"
being on the existing north
wall, it would be very difficult to use the building as is to create the new customer waiting, staging and
pick up area. The proposed addition, with the canopy will also allow the property owner to improve the
slope,so the customer pick-up area will be on a flat surface. As a result the property owner is asking for
a variance to encroach into the front yard setback 11 ft. 7 in.
19
PRACTICIAL DIFFICULITES
Variances may be granted if practical difficulties exist on the property. Practical difficulties are met
based on the following findings of fact:
• Is the variance in harmony with the purpose and intent of the ordinance?
o The intent of the ordinance which allows canopies to encroach 10 ft. in the front yard
setback is to allow a structure that has a roof, but no side walls the flexibility to
encroach into the setback,while also providing adequate room for green space.
o The proposed canopy pillar at its closest point is 11 ft. 7 in.from the property line. It
then steps in and the next pillar is set back at 19 ft. 6 in. There is also a 15 ft. boulevard
along this segment of the East River Road Service Drive, which will provide a buffer
between the new canopy and the roadway and will help to increase the green space.
Including the boulevard space, there will be approximately 26 ft.to the roadway from
the closest canopy pillar.
• Is the variance consistent with the Comprehensive Plan?
o The Comprehensive Plan guides this property as industrial,the use will remain
industrial, and the additional helps with business expansion; as a result it is consistent
with the Plan.
• Does the proposal put the property to use in a reasonable manner?
o The existing use of the property and the proposed addition to the existing building is
considered a reasonable use.The subject property is on a dead-end street, which
doesn't experience huge traffic volumes. The proposed setback of the roofed canopy,
with no side walls will not create an impact to the property;therefore,the proposed
construction of the canopy is reasonable.
• Are there unique circumstances to the property, not created by the landowner?
o Unique circumstances do exist on this property.To get to the existing customer pick up
area,there is quite a slope that needs to be navigated. This has proven to be difficult
for loading furniture as well as
for those customers that have
accessibility issues. The new
pick up area will allow the
r vehicle to drive up a more
gradual slope to a flat surface
to allow the loading of
products.
SU$TOMJA MOKSA o Another
unique circumstance is the
location of the "brains of the
.� ' i building" within the existing
building structure. Though
the location of the internal
workings of the businesses
Wyr ; � utility systems does fall on the
landowner in some regards, it74, does create a challenge when
designing a customer pick up
area in this location that is safe and efficient.
• Will the variance, if granted, alter the essential character of the locality?
o This portion of the East River Road Service Drive to the cul-de-sac is owned and
operated by the property owner, Furniture Mart USA. It is used mainly for retail
20
customers and delivery trucks. Constructing the proposed canopy will continue to allow
the visibility needed up and down the street for motorists, so the essential character of
the area will not be altered.
RECOMMENDATIONS
City Staff recommends approval of this variance request.
• Practical difficulties exist—existing grade condition along the west side of the property and the
location of the internal utility systems.
STIPULATIONS
Staff recommends that if the variance is granted,the following stipulations be attached.
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building,fire, and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance
of a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior
to issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of
building permit.
7. Per Section 205 of the Fridley City Code, this Variance will become null and void one year after
the City Council approval date if work has not commenced or if the Petitioner has not petitioned
the City Council for an extension.
21
RESOLUTION NO. 2018 -
A RESOLUTION APPROVING VARIANCE VAR#18-01
TO ALLOW A CANOPY TO ENCROACH INTO THE FRONT YARD SETBACK 11 FT.
7 IN.AT 5353 EAST RIVER ROAD NE, PETITIONED BY ARCHNET,ON BEHALF OF
THE PROPERTY OWNER,GMROI LLC
WHEREAS, on May 4, 2018, an application for a variance was submitted for the property at 5353
East River Road NE,legally described in Exhibit A; and
WHEREAS, Section 205.04.6.A.(3)of the Fridley City Code allow canopies and steps to extend no
more than 10 feet into the required front yard; and
WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be granted where
practical difficulties or unique circumstances exist that cause undue hardship in the strict application
of the City Code;and
WHEREAS,variance application,VAR#18-01 submitted by Archnet, for the property at 5353 East
River Road NE, requests a variance to encroach into the front yard setback 11 feet 7 inches, instead
of the code required 25 feet; and
WHEREAS, on June 6, 2018, the Fridley Appeals Commission held a public hearing to consider
variance request,VAR#18-01; and
WHEREAS,a practical difficulty or uniqueness was found to exist based on the following fmdings:
a. Is the variance in harmony with the purpose and intent of the ordinance?
o The intent of the ordinance which allows canopies to encroach 10 ft. in the front
yard setback is to allow a structure that has a roof, but no side walls the flexibility
to encroach into the setback, while also providing adequate room for green space.
o The proposed canopy pillar at its closest point is 11 ft. 7 in. from the property
line. It then steps in and the next pillar is set back at 19 ft. 6 in. There is also a
15 ft. boulevard along this segment of the East River Road Service Drive, which
will provide a buffer between the new canopy and the roadway and will help to
increase the green space. Including the boulevard space,there will be
approximately 26 ft.to the roadway from the closest canopy pillar.
b. Is the variance consistent with the Comprehensive Plan?
o The Comprehensive Plan guides this property as industrial,the use will remain
industrial, and the additional helps with business expansion; as a result it is
consistent with the Plan.
c. Does the proposal put the property to use in a reasonable manner?
o The existing use of the property and the proposed addition to the existing
building is considered a reasonable use. The subject property is on a dead-end
street,which doesn't experience huge traffic volumes. The proposed setback of
the roofed canopy,with no side walls will not create an impact to the property;
therefore, the proposed construction of the canopy is reasonable.
d. Are there unique circumstances to the property,not created by the landowner?
22
o Unique circumstances do exist on this property. To get to the existing customer
pick up area,there is quite a slope that needs to be navigated. This has proven to
be difficult for loading furniture as well as for those customers that have
accessibility issues. The new pick up area will allow the vehicle to drive up a
more gradual slope to a flat surface to allow the loading of products.
o Another unique circumstance is the location of the "brains of the building"within
the existing building structure. Though the location of the internal workings of
the businesses utility systems does fall on the landowner in some regards, it does
create a challenge when designing a customer pick up area in this location that is
safe and efficient.
e. Will the variance, if granted,alter the essential character of the locality?
o This portion of the East River Road Service Drive to the cul-de-sac is owned and
operated by the property owner, Furniture Mart USA. It is used mainly for retail
customers and delivery trucks. Constructing the proposed canopy will continue
to allow the visibility needed up and down the street for motorists, so the
essential character of the area will not be altered.
WHEREAS, at the June 6, 2018 meeting, the Appeals Commission unanimously recommended
approval of Variance,VAR#18-01 based on the above findings; and
WHEREAS, on June 11, 2018, the Fridley City Council approved the stipulations represented in
Exhibit B to this resolution as the conditions approved by the City Council on Variance VAR#18-
01;
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Fridley that Variance,
VAR#18-01 and the stipulations represented in Exhibit B are hereby adopted and approved based
on the above findings by the City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH
DAY OF JUNE,2018.
SCOTT LUND—MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
23
EXHIBIT A
Legal description for 5353 East River Road NE Fridley MN 55421
Owner: GMROI, LLC
Lots 2, 3, 4, and 5, Block 1; Great Northern Industrial Center—Fridley, according to the plat on
file and of record in the office of the Registrar of Titles, Anoka County, Minnesota
Subject to the sanitary sewer,water main, and utility easements as shown on plat of Great
Northern Industrial Center—Fridley filed October 30, 1969 as Document No. 65776.
And
That portion of Outlot B lying Westerly of a line drawn from the Southwest corner of Lot 1,
Block 1,to the most Northerly corner of Lot 2, Block 7; Great Northern Industrial Center—
Fridley, according to the plat on file and or record in the office of the Registrar of Titles, Anoka
County, Minnesota
24
EXHIBIT B
STIPULATIONS
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building, fire, and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization
requirements prior to issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
7. Per Section 205 of the Fridley City Code,this Variance will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner
has not petitioned the City Council for an extension
25
• CITY OF FRIDLEY
APPEALS COMMISSION MEETING
•
June 6,2018
Chairperson Sielaff called the Appeals Commission Meeting to order at 7:01 p.m.
MEMBERS PRESENT: Blaine Jones,Brad Sielaff,and Aaron Jahnke
MEMBER ABSENT: Vangyee Yang
OTHERS PRESENT: Stacy Stromberg,Planner
Roger Tomten,ARCHNET
Troy Eichmann,Furniture Mart USA
APPROVAL APPEALS COMMISSION MEETING MINUTES: September 6,2017
MOTION by Commissioner Jones approving the minutes. Seconded by Commissioner Jahnke.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
1. Variance,VAR 18-01, by ARCHNET,to allow the construction of a canopy for a customer
pick up area along the north side of the building,that will encroach into the front yard setback
11 ft.7 in.,instead of the code required 25 ft.,generally located at 5353 East River Road.
MOTION by Commissioner Jones to open the public hearing. Seconded by Commissioner Jahnke.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02.
Stacy Stromberg,Planner,stated the petitioner,Roger Tomten,on behalf of Ashley Furniture,is requesting
a variance to reduce the setback that allows canopies to extend 10 feet into the required front yard setback.
The required front yard setback is 35 feet. The City does allow canopies to extend to 25 feet. A variance
is being sought to reduce that setback from 25 feet to 11 feet 7 inches to allow the construction of a canopy
for a new covered customer pick up area along the north side of the existing Ashley Furniture building,
located at 5353 East River Road.
Ms. Stromberg stated in addition to the variance request, the petitioner is also asking for a special use
permit to increase the allowable lot coverage requirement from 40 percent to 49.2 percent to allow the
construction of two building additions. One is as described above on the north side of the building and the
other on the south side of the building for a warehouse addition. The Planning Commission recommended
approval of this special use permit at their meeting on May 16,2018.
Ms. Stromberg stated of note,to allow the southern building addition,the property owner has negotiated
purchase of the vacant lot to the south,contingent upon City approvals.
26
Appeals Commission Meeting of June 6, 2018 2
Ms. Stromberg stated the summary of hardship submitted by the petitioner reads, "It is proposed to have
the customer pick up area reconfigured on the NW corner of the building in order to enhance the customer
pick up operations and access. The existing grade along the west side of the building doesn't provide the
accessibility needed for customers to pick up products and the internal layout of the utility systems,which
the property owner calls the `brains of the building' (fire suppression, generator, electrical, security and
other utilities) along the existing north wall,make it difficult to utilize this space for the customer pick up
area."
Ms. Stromberg stated the property is zoned M-2,Heavy Industrial,as are the properties to the south,west
and east. The property is bordered by the East River Road Service Drive and Interstate 694 on the north.It
was originally developed with the construction of a 142,000 square foot building in 1971 and operated as
Wickes Furniture store for many years. Furniture Mart USA,Inc.purchased the property in 2004 to operate
an Ashley Furniture retail store and warehouse. This property does serve as warehouse space for all the
retail stores that Ashley has in the metro area and, because of their continued growth, is the reason they
need to do the addition.
Ms. Stromberg stated the property owner would like to construct a 10-foot addition on the north side of
the building. That will be used for a new customer pick up waiting and staging area. Beyond that there
will be the construction of a canopy that is set out from that building addition and its closest point will be
11 feet 7 inches from the property line. The canopy does step in 10 feet further from that.
Ms. Stromberg stated variances may be granted if practical difficulties exist on the property. Practical
difficulties are met based on the following findings of fact:
• Is the variance in harmony with the purpose and intent of the ordinance?
o The intent of the ordinance which allows canopies to encroach 10 feet in the front yard
setback is to allow a structure that has a roof,but no side walls the flexibility to encroach
into the setback,while also providing adequate room for green space.
The proposed canopy pillar at its closest point is 11 feet 7 inches from the property line.
It then steps in and the next pillar is set back at 19 feet 6 inches. There is also a 15-foot
boulevard along this segment of the East River Road Service Drive,which will provide a
buffer between the new canopy and the roadway and will help to increase the green space.
Including the boulevard space, there will be approximately 26 feet to the roadway from
the closest canopy pillar.
• Is the variance consistent with the Comprehensive Plan?
o The Comprehensive Plan guides this property as industrial,the use will remain industrial,
and the additional helps with business expansion;as a result it is consistent with the Plan.
• Does the proposal put the property to use in a reasonable manner?
o The existing use of the property and the proposed addition to the existing building is
considered a reasonable use. The subject property is on a dead-end street,which does not
experience huge traffic volumes. The proposed setback of the roofed canopy,with no side
walls will not create an impact to the property;therefore,the proposed construction of the
canopy is reasonable.
• Are there unique circumstances to the property,not created by the landowner?
o Unique circumstances do exist on this property. To get to the existing customer pick up
area,there is quite a slope that needs to be navigated. This has proven to be difficult for
loading furniture as well as for those customers that have accessibility issues. The new
27
Appeals Commission Meeting of June 6, 2018 3
pick up area will allow the vehicle to drive up a more gradual slope to a flat surface to
allow the loading of products.
o Another unique circumstance is the location of the "brains of the building" within the
existing building structure. Though the location of the internal workings of the businesses
utility systems does fall on the landowner in some regards,it does create a challenge when
designing a customer pick up area in this location that is safe and efficient.
• Will the variance, if granted,alter the essential character of the locality?
o This portion of the East River Road Service Drive to the cul-de-sac is owned and operated
by the property owner, Furniture Mart USA. It is used mainly for retail customers and
delivery trucks. Constructing the proposed canopy will continue to allow the visibility
needed up and down the street for motorists, so the essential character of the area will not
be altered.
Ms. Stromberg stated City Staff recommends approval of this variance request as practical difficulties
exist because of the existing grade condition along the west side of the property and the location of the
internal utility systems.
Ms. Stromberg stated staff recommends that if the variance is granted, the following stipulations be
attached:
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building, fire,and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements
prior to issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance
of building permit.
7. Per Section 205 of the Fridley City Code,this Variance will become null and void one year
after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
Commissioner Jahnke asked as to Stipulation No. 5, satisfying the Mississippi Watershed Management
Organization requirements,is that a one-time thing or does anyone check on that again?
Ms. Stromberg replied, typically it is only required at building permit time. If there is something like a
storm water pond installed they may need an agreement for that, and that is checked on periodically
throughout the years.
Chairperson Sielaff asked how much of that 11 feet 7 inches is extended to make it less than 25 feet?
Ms. Stromberg replied the whole canopy itself will be under the 25 but at its closest point it is the 11 feet
7 inches.
Roger Tomten,ARCHNET,stated the primary reason for the canopy and variance they are seeking tonight
is to improve the customer pick up access to the site,that will fit better with the existing grade. The new
addition on the south side will receive all the goods from the large trailer trucks going into the warehouse
and the products will go out on the west side using the existing dock doors,with smaller straight trucks.
The goal is to keep the customer traffic away from the big semi-truck traffic. The site grade really did not
28
Appeals Commission Meeting of June 6, 2018 4
work to relocate that customer pick up anywhere else on the site. It was also a focus to have a pick up area
that is more ADA accessible.
Chairperson Sielaff stated so customers will be loading from the north.
Mr. Tomten replied,correct,they are adding three overhead doors to the canopy.
Commissioner Jahnke stated from what he sees he does not have any problem with the request. He asked
how Ashley Furniture contributes to the community in Fridley and what is their long-term goal with the
community? He just wanted to know about their business a little more.
Troy Eichmann stated he is the Chief Operating Officer of Furniture Mart USA. They take community
involvement very seriously. They have a program called"Hope to Dream"where they have donated over
2,000 beds(including a twin mattress,pillow, sheets, and bed frame). They do this annually. That is just
one example. They are very heavily involved in other philanthropic organizations. Mostly helping
disadvantaged children.
MOTION by Commissioner Jones to close the public hearing. Seconded by Commissioner Jahnke.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:23.
MOTION by Commissioner Jahnke approving Variance, VAR 18-01, by ARCHNET, to allow the
construction of a canopy for a customer pick up area along the north side of the building,that will encroach
into the front yard setback 11 ft. 7 in., instead of the code required 25 ft., and also a special use permit to
increase the allowable lot coverage requirement from 40 percent to 49.2 percent to allow the construction
of two building additions generally located at 5353 East River Road with the following stipulations:
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building,fire,and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to
issuance of a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements
prior to issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance
of building permit.
7. Per Section 205 of the Fridley City Code,this Variance will become null and void one year
after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
Seconded by Commissioner Jones.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms.Stromberg updated the Commission on projects going on in the City.
29
Appeals Commission Meeting of June 6,2018 5
ADJOURN:
MOTION by Commissioner Jones to adjourn. Seconded by Commissioner Jahnke.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:28 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
30
'. AGENDA ITEM
filmy
CITY COUNCIL MEETING OF
Fridley
JUNE 11 , 2018
Date: June 4, 2018
To: Walter T. Wysopal, City Manager /1!
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Special Use Permit Request, SP#18-02, by Archnet for Ashley Furniture
at 5353 East River Road NE
REQUEST
The petitioner, Roger Tomten, on behalf of Ashley Furniture, is seeking a special use permit to increase the
allowable lot coverage requirement from 40%to 49.2% to allow the construction of a building addition on
the north and south side of the existing building, 4 „ , g,, ,.� .G,
which is located at 5353 East River Road. -? m _ - ` e
" � .pry s ,
The existing Ashley Furniture property along p f
with the vacant parcel to the south is 491,534 - <
sq. ft. in size. The existing building is 188,794 � ` .„S,""4"-'
nz.. ,t.°' " '
sq. ft. and the proposed warehouse and {�
customer pick up additions will add another €.. `‘ a
52,833 sq. ft. As a result of the additions, the ,, 4°4 .
total building area will be 241,627 sq. ft., which z) , H
increases the lot coverage to 49.2%, therefore '41M
the need for a special use permit.
To allow the southern building addition, the „' i
property owner has negotiated purchase of the '
vacant lot to the south, contingent upon City f ` , ,
approvals. , '
A�
Fridley City code allows properties in the M-2, 7. ei„, " ;
Heavy Industrial zoning district to obtain a y i> y . .
special use permit to increase the lot coverage ' , #` =
requirement from 40%up to 50%. , 23d ,� =- i
PLANNING COMMISSION RECOMMENDATION
A public hearing notice before the Planning Commission was published in the Fridley Sun Focus Newspaper
on May 4, 2018.
31
At the May 16, 2018 Planning Commission meeting, a public hearing was held for SP#18-02. After a brief
discussion, the Planning Commission recommended approval of SP#18-02, with the stipulations as
presented. THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission and approval of the attached resolution.
STIPULATIONS
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building,fire, and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of
a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to
issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of
building permit.
7. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year
after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
32
City of Fridley Land Use Application
SP#18-02 May 16, 2018
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: New building addition will be accessed from
Archnet, Inc. Industrial Blvd.
Roger Tomten Physical Characteristics:
333 North Main Street, Suite 201 Building, hard surface parking areas and loading
Stillwater MN 55082 areas,with landscaping.
Requested Action: SUMMARY OF PROJECT
Special Use Permit to increase the allowable The petitioner, Roger Tomten, on behalf of Ashley
lot coverage Furniture, is seeking a special use permit to increase
Existing Zoning: the allowable lot coverage requirement from 40%
M-2 (Heavy Industrial) to 49%to allow the construction of a building
Location: addition on the north and south side of the existing
5353 East River Rd and vacant lot to the building, which is located at 5353 East River Road.
south To allow the southern building addition,the
Size: property owner has negotiated purchase of the
491,534 sq.ft. 11.2 acres vacant lot to the south, contingent upon City
Existing Land Use: approvals.
Ashley Furniture Building and vacant lot SUMMARY OF ANALYSIS
Surrounding Land Use &Zoning: City Staff recommends approval of this special use
N:Interstate 694& ROW permit, with stipulations.
E: Industrial(Furniture Mart)& M-2 An increase in lot coverage for a one story building
5:Industrial& M-2 from 40%to 50%is a permitted special use in the
W:Industrial& M-2 M-2, Heavy Industrial zoning district, provided all
Comprehensive Plan Conformance: other code requirements are met.
Consistent with Plan CITY COUNCIL ACTION/60 DAY DATE
Zoning Ordinance Conformance: City Council—June 11, 2018
Sec. 205.18.3.C.(1).((a)) requires a special 60 Day—June 11,2018
use permit for a one-story building to
increase lot coverage from 40%to 50%of
the lot area
Sec. 205.18.3.C.(4) requires that the Itsaiskri
petitioner meet all other ordinance
requirements •
Zoning History: )
1969—Lot is platted •
.•.
1971—Building constructed ` � ..
2003—SUP issued to increase the lot coverage
from 40%to 48% sAit
2004—Warehouse building addition k
constructed . 4(
Legal Description of Property: y
1.
See attached
Public Utilities: r -
Building is connected " ,'
Transportation: 3250
The property is accessed from the East
River Road Service Drive Aerial of the site
Staff Report Prepared by:Stacy Stromberg
33
Land Use Application
Special Use Permit #18-02
REQUEST
The petitioner, Roger Tomten, on behalf of Ashley Furniture, is seeking a special use permit to increase
the allowable lot coverage requirement from 40%to 49%to allow the construction of a building
addition on the north and south side of the
existing building, which is located at 5353 ' # ,
East River Road. �
�... , ..
To allow the southern building addition,the ',
property owner has negotiated purchase of Y = .
the vacant lot to the south, contingent upon T
t`tc tt �,
City approvals. , `- ti,a' �(#
HISTORY AND ANALYSIS 1 . : , z,.
The property is zoned M-2, Heavy Industrial, Qa 5c5� iz,_
ria- =d w:
as are the properties to the south, west and a r k 1 ,� 71,..7::,r,,,,,,,...:1::‘,
_
east. The property is bordered bythe East A �
River Road Service Drive and Interstate 694 _ ���ti�w
on the north.The property was originally ;�� .
developed with the construction of a !fl '" -
142,000 sq.ft. building in 1971. Furniture . 1 .` f
Mart USA, Inc. purchased the property in s � �,� *'
r . r
2004 to operate an Ashely Furniture retail 4,''' :-
2004
store and warehouse. In preparation for the
purchase of the property, Furniture Mart
applied for and received a special use permit 2IL
`' - .. pp"
in 2003 to increase the lot coverage _ � P
requirement from 40%to 48%to allow the construction of a 46,336 sq.ft.warehouse addition to the
building. As a result of that special use permit approval,the addition was constructed in 2004,and the
building has remained the same size since then.
In 2012, Furniture Mart purchased the old Home Valu building at 5401 East River Road and expanded
and remodeled that building to allow for the Furniture Mart retail store and warehouse that exists
today.
This"campus" approach has worked for this property owner and their business has continued to grow
as they have opened up other retail stores within the metro area. This property serves as the
warehouse space for all the retail stores in the metro and because of the continued growth of this
business,there is a need to further expand the existing building for additional warehouse space.
The property owner designed the proposed warehouse addition on the south side of the building which
will then move all semi-truck deliveries to Industrial Blvd. The existing truck dock area off of the East
River Rd Service Drive will be dedicated to an enhanced customer pick up area and for straight truck
loading and delivery. This design separates semi-truck traffic from the customer pick up traffic. To
increase efficiency and customer service on the site,the property owner would also like to construct a
small addition on the north side of the building with a canopy for customers that are picking up their
furniture. The layout they are proposing will be a covered loading area that will improve the safety and
34
configuration of the customer pick up area. This addition will require a variance that will go before the
Appeals Commission on June 6, 2018.
CODE REQUIREMENTS
The petitioner is seeking a special use permit to increase the lot coverage requirement for the two
properties combined from 40%to 49%to allow for the construction of the warehouse and customer
pick up addition. The existing Ashley
Furniture property along with the vacant
all/NIMIMMMIMII,VVAL
„� �, parcel to the south is 491,534 sq.ft. in
ff- r;yl ; size. The existing building is 188,794 sq.
— ` - ft. and the proposed warehouse and
"" customer pick up additions will add
- - ' another 52,833 sq.ft. As a result of the
additions,the total building area will be
241,627 sq. ft.,which increases the lot
-`5R] coverage to 49%,therefore the need for
�� iTi nnnnim I a special use permit.
/ The code requires that a special use
L~ permit may be granted to increase lot
coverage to 50%as long as the property
��...P0.41 is meeting all other code requirements.
The new additions will require a total of
1 Q 26 new parking stalls. Twenty-one
/ parking stalls will be removed to allow
for the construction of the addition to
the south. The petitioner is showing on
the site plan room for 56 new stalls,which is 9 stalls more than code would require. If the petitioner
doesn't need the extra parking stalls, staff would encourage the installation of more green space or
landscaping as opposed to extra parking.
The proposed southern addition complies with all setback requirements. Prior to building permit
approval,all landscaping and storm water requirements will also need to be complied with.
City staff hasn't heard any comments from neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of this special use permit request as an increase in lot coverage for a
one story building from 40%to 50%is a permitted special use in the M-2, Heavy Industrial zoning district,
provided all other code requirement are met, subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted,the following stipulations be attached.
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building,fire, and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance
of a building permit.
35
5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior
to issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of
building permit.
7. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one
year after the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
36
RESOLUTION NO. 2018 -
A RESOLUTION APPROVING SPECIAL USE PERMIT,SP#18-02 FOR
ARCHNET ON BEHALF OF THE PROPERTY OWNERS,GMROI LLC AND
PATRICIA PARASCHUK FOR THE PROPERTIES LOCATED AT 5353 EAST RIVER
RD NE AND PARCEL ID NUMBER(PIN)22-30-24-43-0009
WHEREAS, Section 205.18.3.C.(1).((a)) of Fridley City Code allows an increase in lot coverage
for a one-story building from 40%to 50%of the lot area in an M-2,Heavy Industrial zoning district
by a special use permit if certain conditions can be met; and
WHEREAS,on May 16,2018,the Fridley Planning Commission held a public hearing to consider a
request by Archnet on behalf of the property owners, GMROI LLC and Patricia Paraschuk, for the
properties located at 5353 East River Road NE in Fridley and PIN # 22-30-24-43-0009, legally
described in Exhibit A, for a Special Use Permit SP #18-02 to allow an increase in lot coverage
from 40%to 49.2%; and
WHEREAS, on May 16, 2018, the Planning Commission unanimously recommended approval of
Special Use Permit, SP#18-02; and
WHEREAS, on June 11, 2018, the Fridley City Council approved the stipulations represented in
Exhibit B to this resolution as the conditions on Special Use Permit SP#18-02; and
WHEREAS, the petitioner was presented with Exhibit B,the stipulations, at the June 11, 2018 City
Council meeting;and
WHEREAS, Section 205.05.5.G of the Fridley City Code states that this special use permit will
become null and void one year after the City Council approval date if work has not commenced or if
the petitioner has not petitioned the City Council for an extension;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP #18-02 and stipulations represented in Exhibit B are hereby adopted by the
City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH
DAY OF JUNE,2018.
SCOTT J.LUND—MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
37
EXHIBIT A
Legal description for 5353 East River Road NE Fridley MN 55421
Owner: GMROI, LLC
Lots 2, 3, 4, and 5, Block 1; Great Northern Industrial Center—Fridley, according to the plat on
file and of record in the office of the Registrar of Titles,Anoka County, Minnesota
Subject to the sanitary sewer,water main, and utility easements as shown on plat of Great
Northern Industrial Center—Fridley filed October 30, 1969 as Document No. 65776.
And
That portion of Outlot B lying Westerly of a line drawn from the Southwest corner of Lot 1,
Block 1, to the most Northerly corner of Lot 2, Block 7; Great Northern Industrial Center—
Fridley, according to the plat on file and or record in the office of the Registrar of Titles, Anoka
County, Minnesota
Legal description for PIN#22-30-24-43-0009
Owner: Patricia Paraschuk
Lot 2, Block 7; Great Northern Industrial Center—Fridley, according to the plat on file and or
record in the office of the Registrar of Titles,Anoka County,Minnesota
38
EXHIBIT B
SP# 18-02 Special Use Permit for an Increase in Lot Coverage
5353 East River Road NE Fridley,MN and Parcel Identification#22-30-24-43-0009
Stipulations:
1. The petitioner shall obtain any required permits prior to the start of construction.
2. The petitioner shall meet all building, fire, and ADA code requirements.
3. The addition shall be architecturally compatible with the existing building.
4. City engineering staff to review and approve grading,drainage, and utility plan prior to
issuance of a building permit.
5. The petitioner shall satisfy Mississippi Watershed Management Organization
requirements prior to issuance of a building permit.
6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
7. Per Section 205 of the Fridley City Code,this Special Use Permit will become null and
void one year after the City Council approval date if work has not commenced or if the
Petitioner has not petitioned the City Council for an extension.
39
Nor
CITY COUNCIL MEETING
"rij OF JUNE 11 2018 8
Fridley � 2�1 8
To: Walter T. Wysopal, City Manager i
eV
From: Debra A. Skogen, City Clerk
Annie Leibel, City Management and Elections Assistant
Date: June 1, 2018
Re: Resolution Appointing Deputy Clerks and Absentee Ballot Board for Absentee
Voting for the 2018 Election Cycle
The Minnesota State Legislature adopted legislation requiring County Auditors to appoint an
absentee ballot board for the purpose of accepting and rejecting absentee ballots. On April 26,
2010, the City Council amended Chapter 4 of the Fridley City Code authorizing the establishment
of an absentee ballot board. Section 4.03 requires the City Council to appoint the names of the
individuals that will serve on the absentee ballot board.
Anoka County has designated the City of Fridley as a location to conduct in person absentee ballot
voting and designated the City's appointed members to serve as "Deputy County Auditor" for the
purpose of accepting and rejecting in person absentee ballots.
In addition, Minnesota Statute Section 203B.081 and Anoka County Resolution#2014-M1 requires
the City to designate those individuals issuing absentee ballots on behalf of the County Auditor as
Municipal Deputy Clerks. This designation will remain in effect from June 25, 2018 through the
end of the contest period following the State General Election of November 6, 2018.
Staff recommends a the City Council adopted a resolution appointing city staff to the Absentee
Ballot Board and designating them as Municipal Deputy Clerks from June 25, 2018 through
November 6, 2018.
40
RESOLUTION NO.2018-
A RESOLUTION APPOINTING AN ABSENTEE BALLOT BOARD FOR THE 2018
ELECTION CYCLE
WHEREAS, pursuant to MN Statute 203B.081, Anoka County Elections has designated the City of
Fridley as a location to conduct in person absentee voting for Fridley residents for the Minnesota
2018 Primary and State General Election; and
WHEREAS, the County Auditor must establish an absentee ballot board for ballots issued under
sections 203B.16 to 203B.27 and has designated the City's assigned staff as members of that board
for the purposes of accepting, rejecting and counting in person absentee ballots; and
WHEREAS, the duties of the Absentee Ballot Board are defined in the 2017 Minnesota Election
Laws and Rules; and
WHEREAS, Fridley City Code Section 4.03 requires the City Council to appoint the number of
persons and the names of the individuals that will serve on the Absentee Ballot Board which it
deems necessary to carry out the duties of the absentee ballot board.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley hereby
designates the following individuals to the City's absentee ballot board:
Roberta Collins Pat nvlaghrak
James Erickson Jean Michaels
Julie Horak Cheryl Pellegrin
Amy Kempf Debra Skogen
Annie Leibel
BE IT HEREBY FURTHER RESOLVED, when the above individuals are acting in their role as the
Absentee Ballot Board, they shall take an oath and use the title of"Municipal Deputy Clerk" for
that purpose; and
BE IT HEREBY FURTHER RESOLVED that the Anoka County Absentee Ballot Board is hereby
appointed and designated to act on behalf of the City of Fridley's Absentee Ballot Board.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH
DAY OF JUNE 2018.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
41
i
Mir AGENDA ITEM
` °fdley
CITY COUNCIL MEETING OF
Fri
JUNE 11, 2018
To: Walter T. Wysopal, City Manager /�
Mayor and City Council /`'''
From: Debra A. Skogen, City Clerk
Date: June 6, 2018
Re: Approval of a Pollbook Use Agreement for Elections between Anoka County and the
City of Fridley
Anoka County Commissioners approved the purchase of a new electronic roster system known
as electronic pollbooks. The value of the equipment is $990 for each Pollbook, $450 for each
hotspot and $1000 for a Meraki Router that provides encrypted Wireless connection between the
City and Anoka County. The total value for the County to provide the equipment to the City is
$40,806.
Anoka County has prepared a Pollbook Use Agreement which specifies the responsibilities of
Anoka County and the City of Fridley:
• The County owns the equipment and provides it to the City for use and storage.
• The County assigns the equipment and records those assignments to each City.
• Cities must maintain a Wi-Fi connection to use the system at city hall.
• Cities are responsible for"implementing"the system for each election.
• Cities will allow vendor to perform all maintenance.
• Cities are responsible for equipment in their possession and must safeguard and insure
the equipment.
• If something doesn't work the vendor,not the county, is the responsible party.
• Cities will transport equipment to the polls.
• If repairs are needed City will transport to County for repair.
• County or City can terminate agreement upon 7 days written notice.
Staff recommends a motion to approving the Pollbook Use Agreement with Anoka County, as
shown in Attachment 1.
42
Attachment 1
Agreement No.
AGREEMENT
THIS AGREEMENT,made by and between the COUNTY OF ANOKA, a political subdivision
of the State of Minnesota("County"), and the CITY OF FRIDLEY("Jurisdiction").
1. TERM OF THE AGREEMENT
This Agreement shall commence on and con4inue until cancelled or
terminated in accordance with the provisions of this Agreement.
2. EQUIPMENT LICENSE
During the term of this Agreement and subject to the terms herein, County hereby
provides to Jurisdiction and grants Jurisdiction a limited,revocable, non❑exclusive,
royalty free license to use the electronic pollbook hardware and software("Election
Equipment") assigned by the County to the Jurisdiction ffr official election use. Unless
County otherwise agrees in writing, said license is restricted to access and use of the
Election Equipment by Jurisdiction's employees, contracted personnel and duly
authorized election officials performing election duties and responsibilities on behalf of
Jurisdiction.
The County hereby delegates authority to the Anoka County Elections Manager to
modify the quantity or definition of the Election Equipment assigned to each Jurisdiction
and to keep a record of such assignments.
Unless the parties otherwise agree, Jurisdiction shall pro'ide and/or maintain, at
Jurisdiction's sole cost and expense, secure wireless and other telecommunications
necessary for the operation of the Election Equipment. Fkirther and as necessary,
Jurisdiction shall acquire or otherwise provide all subscriptions, accounts or other
licenses necessary for the operation of the Election Equipment.
Jurisdiction shall be responsible for implementation of thie Election Equipment.
Jurisdiction shall be responsible for storage of elections equipment assigned by the
county to that Jurisdiction. Jurisdictions shall make all necessary Elections Equipment in
its possession available to other entities as directed by the county.
Unless the parties otherwise agree, County or its designated third❑party vendor shall
perform all maintenance and repair of the Election Equiptnent. Jurisdiction shall not
repair, change, modify or alter the Election Equipment unless expressly authorized by
County or its designee. If any Election Equipment needs repair or maintenance,
Jurisdiction shall follow the direction and process provid;d by County. Jurisdiction
acknowledges and agrees that, as directed by County, (i) urisdiction may be required to
deliver, at Jurisdiction's sole cost and expense, Election Iquipment to County or its
43
designee for maintenance and repair; and (ii)Jurisdiction may be required to provide
access to the Election Equipment for inspection,maintenance or repair during
Jurisdiction's regular business hours, including but not limited to granting the right to
enter into and upon the premises where the Election Equipment is located.
Upon reasonable notice, County shall have the right to enter into and upon the premises
where the Election Equipment is located for the purposes of inspecting the Election
Equipment or observing its use. On an annual basis, during the term of this
Agreement, Jurisdiction shall comply with County's request for verification of Election
Equipment inventory.
Jurisdiction shall secure, safeguard and control the Election Equipment, including but not
limited to system authentication and passwords, in the same manner that Jurisdiction
secures, safeguards and controls its own critical or confidential equipment, systems,
software, data, passwords or other information. While the Election Equipment is in
Jurisdiction's possession, custody and/or control,Jurisdiction shall exercise best efforts to
(i)use and handle the Election Equipment in a manner that avoids damage or harm to the
Election Equipment; (ii)use and handle the Election Equipment in accordance with
County direction and any thirdriparty specification; and(iii) safeguard and secure the
Election Equipment from theft, loss or other damage.
4. OWNERSHIP
County represents and warrants and Jurisdiction acknowledges and agrees that County is
duly authorized to grant the license herein exclusively for use by Jurisdiction in its
official elections. Pursuant thereto,use of the Election Equipment for any other purpose
other than that authorized herein is strictly prohibited absent express written consent of
County.
Jurisdiction acknowledges and agrees that the Election Equipment may contain
proprietary and trade secret information that is owned by a third party and is protected
under state and federal patent, copyright law or other laws,rules, regulations and
decisions. Jurisdiction shall protect and maintain the proprietary and trade secret status of
the Election Equipment.
4. DISCLAIMER,LIABILITY AND LIMITATION OF LIABILITY
County,by and through its duly authorized vendor, is providing the election equipment
on an as❑is basis with no support whatsoever. There is no warranty of merchantability,
no warranty of fitness for particular use, no warranty of nonE]infringement, no warranty
regarding the use of the information or the results thereof and no other warranty of any
kind, express or implied.
Jurisdiction acknowledges and agrees that County does not own or control the data
source/system necessary for operation of the election equipment. Without limiting the
foregoing, County does not warrant the performance of the election equipment or related
2
44
communications or connections to any data source/system,that the data source/system
will be uninterrupted or error free, that the data is accurate, complete and current or that
data defects will be corrected, or that the data source/system is free of harmful code.
In no event shall County be liable for actual, direct, indirect, special, incidental,
consequential damages or loss of profit, loss of business or any other financial loss or any
other damages even if county has been advised of the possibility of such damage.
County's sole liability and Jurisdiction's sole and exclusive remedy for any damages
related to this agreement, including but not limited to liability for election equipment
nonperformance, errors or omissions, shall be limited to restoring or correcting the
election equipment to the extent and degree county is capable of performing the same and
as is reasonably possible under the pertinent circumstances.
Subject to the foregoing limitation of liability and to the provisions (below)regarding
responsibility for the costs related to lost, stolen, destroyed or damaged Election
Equipment, each party shall be responsible for their own acts and omissions and the
results thereof to the extent authorized by law. The parties are not agreeing, in any
manner whatsoever,to be responsible for the acts or omissions of the other party. As
applicable, County's liability is governed by the provisions of Minnesota Statutes. The
statutory limits of liability for the parties may not be added together or stacked to
increase the maximum amount of liability for either or both parties.
5. ROYALTY FREE LICENSE D OTHER COSTS
Except as expressly set forth below, Jurisdiction shall not pay County any amount for the
license granted herein.
Jurisdiction shall be responsible for the cost and expense of Election Equipment delivery
from and to a location as directed by County.
Except for routine wear and tear resulting from use in conformance with the terms
herein, Jurisdiction shall be responsible for and shall pay all costs, including but not
limited to shipping costs,necessary for the repair or replacement of lost, stolen, destroyed
or damaged Election Equipment.
Upon expiration or termination of this Agreement for any reason, Jurisdiction shall, at
Jurisdiction's sole cost and expense, deliver, or have delivered,the Election Equipment to
County or its designee, complete and in good order and working condition, except with
respect to Election Equipment with defects attributable to County's vendor or supplier.
6. HANDLING OF EQUIPMENT AND INSURANCE
Jurisdiction acknowledges that it shall be responsible for the Elections Equipment while
it is in the Jurisdictions' custody. Each Jurisdiction, either through insurance or a self-
insurance program, shall be responsible for all costs, fees, damages and expenses
including but not limited to personal injury, storage, damage, repair and/or replacement
3
45
of the Election Equipment while it's in the Jurisdiction's custody and this contract is in
effect. The Jurisdiction shall be responsible for,provide coverage for and shall provide
proof of general liability and worker's compensating insurance(Hold Harmless
Agreement) for all individuals providing services required by this contract. In addition to
the foregoing, the Jurisdiction shall, during the term of this contract,maintain, through
commercially available insurance or on a self-insured basis,property insurance coverage
on all of the Election Equipment used or intended for use in this agreement to cover all
repairs or replacement of the Election Equipment if damaged or stolen. The Jurisdiction
is responsible for any deductible under their policy.
7. TERMINATION
This Agreement may be terminated by either party upon seven(7) day written notice to
the other. Termination of this Agreement by either party and for any reason shall not
relieve Jurisdiction of any duties or obligations hereunder including but not limited to the
obligation to safely and securely return and deliver the Election Equipment as set forth
above.
8. DATA PRACTICES
The parties, their officers, agents, owners,partners, employees,volunteers and
subcontractors shall abide by the provisions of the Minnesota Government Data Practices
Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal
laws, rules,regulations and orders relating to data privacy or confidentiality,which may
include the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
9. ADDITIONAL PROVISIONS
The parties shall comply with all applicable federal, state and local statutes, regulations,
rules and ordinances currently in force or later enacted including but not limited to the
MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section
471.425, subd. 4a and, as applicable, COUNTY's Affirmative Action Policy.
No delay or omission by either party hereto to exercise any right or power occurring upon
any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof
unless the same is consented to in writing. A waiver by either of the parties hereto of any
of the covenants, conditions, or agreements to be observed by the other shall not be
construed to be a waiver of any succeeding breach thereof or of any covenant, condition,
or agreement herein contained. All remedies provided for in this Agreement shall be
cumulative and in addition to, and not in lieu of, any other remedies available to either
party at law, in equity, or otherwise.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
4
46
It is understood and agreed that the entire Agreement between the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. Except as expressly provided herein, any
alterations, variations,modifications, or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing as an amendment to this
Agreement signed by the parties hereto.
Jurisdiction shall not assign, sublicense or transfer this Agreement or the rights, duties
and obligations herein, either in whole or in part, without the prior written consent of
County, and any attempt to do so shall be void and of no force and effect.
It is expressly understood and agreed that the obligations and warranties of Jurisdiction
and County hereof shall survive the completion of performance and termination or
cancellation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands.
COUNTY OF ANOKA CITY OF FRIDLEY
By: By:
Its: Its:
Dated: Dated:
APPROVED AS TO FORM
By:
Jason J. Stover
Assistant County Attorney
Dated:
5
47
s AGENDA ITEM
CITY COUNCIL MEETING OF
JUNE 11, 2018
TO: Walter Wysopal, City Manager PW18-043
FROM: James Kosluchar, Public Works Director
DATE: June 7, 2018
SUBJECT: Approve a Revised Construction Cooperation Agreement with
Metropolitan Council Environmental Services for Restoration of
Community Park
On December 18, 2017, the City Council approved a Revised Construction Cooperation
Agreement with the Metropolitan Council Environmental Services(MCES)relating to their use
of Community Park.Subsequent to our approval,MCES advised that their attorneys requested
some further revisions to the agreement.
Under the agreement,the City will be paid by Met Council$23,754 for restoration of Community
Park. Work has been completed in accordance with this agreement.
Staff therefore recommends the City Council move to approve the attached Revised
Construction Cooperation Agreement with Metropolitan Council Environmental Services
for Restoration of Community Park.
If the Council approves, staff will invoice the Met Council for $23,754 in accordance with the
agreement.
JPK:jpk
Attachments
48
Metropolitan Council No. 16I072
COMPENSATION AGREEMENT FOR
THE USE OF PROPERTY OWNED BY THE CITY OF FRIDLEY
This AGREEMENT is made and entered into by and between the Metropolitan
Council, a public corporation and political subdivision of the State of Minnesota, hereinafter
referred to as "Council" and the City of Fridley, a municipal corporation under the laws of the
State of Minnesota,hereinafter referred to as the"City".
BACKGROUND RECITALS
1. The Council used property owned by the City of Fridley for the purposes of
material storage and equipment staging during a Council Interceptor
Rehabilitation Project.
2. The Parties agree that the City will be compensated by the Council for its use of
the City's property during the Council's Interceptor Rehabilitation Project.
NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is
hereby acknowledged by the parties,the parties agree as follows:
AGREEMENT
1. Compensation and Waiver of Claims.For the Council's use of the City's property
during the Council Project, the Council will pay to the City$23,754. In exchange for this
payment from the Council,the City agrees to waive all claims it has or may have against
the Council arising out of the Council's use of the City's property. The City and the
Council agree that this Agreement constitutes the full and complete settlement of all
claims and potential claims arising out of,based upon, or relating to the Council's use of
the City's property.
2. Payment.Upon execution of this Agreement,the City shall submit an invoice to the
Council for$23,754. The Council shall pay the City within 30 calendar days of receipt of
the invoice.No payment will be requested or made which will cause the total value of
this Agreement to exceed$23,754.
3. Liability. Each party agrees that it will be responsible for its own acts and the results
thereof to the extent authorized by law, and shall not be responsible for the acts of the
other party and the results thereof. The City's and Council's liability is governed by the
provisions of Minnesota Statutes,Chapter 466.
4. Complete Agreement. It is understood and agreed that the entire Agreement between
the parties is contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof. Any alterations,
variations, modifications, or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing as an amendment to this Agreement signed by
authorized representatives of the parties hereto.
1
49
Metropolitan Council No. 16I072
5. Governing Law. This Agreement is governed, construed, and enforced under the laws
of the State of Minnesota without regard to its conflicts of law provisions
The remainder of this page is intentionally blank. Signature page to follow.
2
50
Metropolitan Council No. 16I072
IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized officers as of the day and year first above written
METROPOLITAN COUNCIL,
A public corporation and political subdivision
of the State of Minnesota
By:
Leisa Thompson
General Manager of Environmental Services
Date:
CITY OF FRIDLEY
A municipal corporation of the
State of Minnesota
By:
Its: Mayor
Date:
and
Its: City Manager
Date:
3
51
AGENDA ITEM
rn°f CITY COUNCIL MEETING OF
Fridley
JUNE 11 , 2018
•
To: Wally Wysopal, City Manager
i
From: Korrie Johnson, Assistant Finance Director •
Date: June 8, 2018
Re: Receive the 2017 Single Audit Financial Report and Audit Review
Beginning with the implementation of the Uniform Guidance, all non-federal government agencies
and nonprofit organizations that expend $750,000 or more in federal awards in a given fiscal year are
required to conduct a single audit. In 2017 it was determined that the City of Fridley needed to
undergo a single audit based on our pedestrian bridge and trail project on 694/Main Street. The City
engaged with an independent audit firm to review its financial condition. Finance staff and Redpath
and Company audit staff undertook an extensive audit process. Preliminary work for the 2017 audit
began in December and extensive work took place in May. The independent audit report will be
distributed at the June 11, 2018 meeting. The audit concludes positively for the City with an
unqualified decision. Opportunities for questions will be provided at the meeting.
Staff recommends that the Council make a motion to receive the 2017 Schedule of Expenditures of
Federal Awards and Independent Auditor's reports.
52
AGENDA ITEM
JJ' ) COUNCIL MEETING OF JUNE 11 , 2018
CLAIMS
CLAIMS
181014 - 181181
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77
CITY COUNCIL AGENDA ITEM
ren
CITY COUNCIL MEETING OF
JUNE 11 , 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Debra A Skogen, City Clerk
Ryan George, Police Captain
Date: June 4, 2018
Re: Second Reading of an Ordinance Repealing and Recreating Chapter 125 of the
Fridley City Code Related to the Licensing of Massage Therapy Businesses and
Massage Therapists and Adoption of Summary Ordinance
Staff conducted research of the massage therapy business licensing due to issues with businesses
claiming they do massage therapy but are really a front for criminal activity. After thorough study
and review staff prepared an ordinance and provided it to the City council at their May 14, 2018
conference meeting.
The City Council held the first reading of the ordinance on May 29th. At that time there were two
questions that needed additional clarification:
The language in Section 125.05.1.A(6) appeared to be confusing. After consulting with the city
attorney,the language was changed to identify what information an applicant is required to provide
regarding past-due taxes and utilities. This information may be used in Section 125.10(9) as a
grounds for the suspension, revocation or denial of the massage therapy business or massage
therapist license.
The language in Section 125.05.05.2.J(3)defines proof an applicant has met academic
requirements. The intent of the educational requirement is that applicants for a massage therapist
license have undergone formal training. Prior to the formal training programs made available in the
last five to ten years,there are a number of individuals who have engaged in massage therapy
services for many years who may not have completed formal training in an accredited institution.
Despite this lack of formal academic training,these individuals have sufficient skills and •
knowledge, honed from years of experience as massage therapists. Rather than require that
individual to obtain an expensive diploma or certificate of graduation,this provision allows them to
use that experience to obtain a certificate from the National Certification Board for Therapeutic
Massage. This alternative path to licensure ensures that experienced massage therapists currently
working in the City will not be forced to stop working to complete a new course of education.
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After the Council meeting letters were mailed to the local business that would be affected providing
information about the ordinance. Staff received several calls from individuals practicing who
would file for an individual business license and therapist license. They were concerned about the
investigative fee. After further discussion, staff has recommended a decrease for individual
businesses as the investigation would take less time. Staff has proposed changing the investigative
fees as follows:
Massage Business Investigative Fee for Corporate/Partnership - $400 (new) ($200 renewal
Massage Business Investigative Fee for Individual - $200 (new) ($100 renewal
Staff recommends the following actions:
1. A motion waiving the reading and ordering the adoption of the second reading of an
Ordinance Repealing and Replacing Chapter 125 Related to the Licensing of Massage
Therapy Businesses and Massage Therapists; and
2. A motion ordering the adoption of a Summary Ordinance Repealing and Replacing Chapter
125 Related to the Licensing of Massage Therapy Businesses and Massage Therapists.
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ORDINANCE NO.
AN ORDINANCE REPEALING AND REPLACING CHAPTER 125 OF THE FRIDLEY
CITY CODE RELATED TO THE LICENSING OF MASSAGE THERAPY BUSINESSES
AND MASSAGE THERAPISTS
THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY ORDAINS AS
FOLLOWS:
Section One. Repeal and Replacement. Chapter 125 of the Fridley City Code is hereby
repealed in its entirety and replaced as follows and is hereby ordained and adopted:
CHAPTER 125. MASSAGE THERAPY BUSINESSES AND MASSAGE THERAPISTS
125.01. PURPOSE AND FINDINGS
1. Purpose. The purpose of this chapter of the city code is to prohibit the operation of
massage businesses and the offering of massage services to the public except by those licensed
as massage therapy businesses and massage therapists pursuant to this chapter. The licensing
regulations prescribed herein are necessary in order to protect legitimate businesses, to prevent
criminal activity, and to protect the health and welfare of the community. The purpose of this
section is not to impose restrictions or limitations on the freedom of protected speech or
expression.
2. Findings of the City Council. The city council makes the following findings regarding the need
to license massage therapy businesses and massage therapists and to prohibit all other types of
massage businesses and services to the public:
A. Persons who have bona fide and standardized training in therapeutic massage,
health, and hygiene can provide a legitimate and necessary service to the general
public.
B. Health and sanitation regulations governing massage therapy businesses and
therapists can minimize the risk of the spread of communicable diseases and can
promote overall health and sanitation.
C. Establishing license qualifications for massage therapy businesses and therapists
can minimize the risk that such businesses and persons will facilitate prostitution
and other criminal activity in the community.
D. Massage therapy businesses which employ persons with no specialized and
standardized training can tax law enforcement services because such businesses
are more likely to be operated as fronts for prostitution and other criminal activity
than operations established by persons with standardized training.
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E. The training of professional massage therapists at accredited institutions is an
important means of ensuring the fullest measure of protecting the public health,
safety, and welfare.
125.02. DEFINITIONS
The following words and terms when used in this chapter shall have the following meanings
unless the context clearly indicates otherwise:
1. Accredited Institution.
An educational institution holding accredited status with at least one of the federally-recognized
accrediting agencies.
2. Accredited Program.
A massage therapy program accredited by an educational institution holding accredited status in
the field of massage therapy with at least one of the federally-recognized accrediting agencies.
3. Advertise.
To publish, display, broadcast or disseminate information by any means that can be reasonably
construed as an advertisement.
4. Clean.
The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly or extraneous
matter.
5. Good Repair.
Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks obstructions and
similar defects so as to constitute a good and sound condition.
6. Issuing Authority.
The City Council.
7. Massage or Massage Services.
Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping,
pounding, vibrating, stimulating, or rolling of the external parts of the human body with the
hands, arms, or elbows or with the aid of any mechanical or electrical apparatus, or other
appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment,
antiseptic, oil,powder, cream, lotion,ointment, or other similar preparations.
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8. Massage Therapy Business.
A person or entity which operates a business which hires or contracts with massage therapists
licensed by the city to provide massage services to the public. The owner/operator of a
massage therapy business need not be licensed as a massage therapist if he or she does not at
any time practice or administer massage to the public. A massage therapy business may
employ other individuals such as cosmetologists and estheticians, and these individuals are not
required to have a massage therapist license, as long as they are not providing massage services
to the public.
9. Massage Therapist.
An individual who practices or administers massage to the public for consideration.
10. Operate.
To own, manage or conduct, or to have control, charge or custody over.
11. Person.
Any individual, firm, entity, association, partnership, corporation,joint venture or combination
of individuals.
125.03 . LICENSE REQUIRED
1. Massage Therapy Business License. It shall be unlawful for any person or entity to own,
operate, engage in, or carry on, within the city,any type of business offering massage services to
the public for compensation without first having obtained a Massage Therapy Business license
from the City pursuant to this section.
2. Massage Therapist License. It shall be unlawful for any individual to practice,
administer, or provide massage services to the public for compensation within the city without
first having obtained a massage therapist license from the city pursuant to this section.
125.04. EXCEPTIONS
A Massage Therapy Business or Massage Therapist license is not required for the following
persons and places:
1. Persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic,
physical therapy, or podiatry, provided the massage is administered by the individual in the
regular course of the medical business and not provided as part of a separate and distinct
Massage Therapy Business.
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2. Persons duly licensed by this state as beauty culturists or barbers, provided such persons
do not hold themselves out as giving massage treatments and provided the massage by beauty
culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the
head and neck.
3. Persons hired or employed by a person duly licensed by this state pursuant to Minnesota
Statutes Chapters 147 or 148, or a dental professional licensed under Chapter 150A. Such
persons shall only be authorized to provide massage services on the business premises of the
employer.
4. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or
group home established for the hospitalization or care of human beings.
5. Students of an accredited institution who are performing massage services in the course
of a clinical component of an accredited program of study, provided that the students are
performing the massage services at the location of the accredited institution and provided the
students are identified to the public as students of massage therapy. Students of an accredited
institution may perform massage services at clinics or other facilities located outside of the
accredited institution provided that they have at least 150 hours of certified therapeutic massage
training at the accredited institution prior to performing the massage services outside of the
institution, have proof of liability insurance, and are identified to the public as a student of
massage therapy.
6. Persons or organizations providing temporary massage services such as "chair massages"
provided the following requirements are met:
A. The massage is provided in a place of business where the massage can easily be
seen by any employee or visitor on the premises;
B. The location does not hold a license to sell alcoholic beverages;
C. Massages are offered at the location no more than ten(10)days per calendar year;
D. Each recipient of a massage remains in an upright position, either sitting or
standing; and
E. Each recipient of a massage remains in the normal daytime attire worn when
entering the business and does not remove any clothing except outwear such as a
coat or jacket.
125.05. LICENSE APPLICATION
Licenses shall expire on April 30th of each year. All applicants shall complete and submit the
requisite license application form provided by the City and provide all information required
there, as well as comply with providing the following information:
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1. Massage Therapy Business License Application.
An application for a Massage Therapy Business license shall be made on a form supplied
by the City Clerk and shall include the following information:
A. All Applicants.
For all Massage Therapy Business license applicants:
(1) Proof that the proposed business location meets the zoning requirements of
the City's zoning code.
(2) Whether the applicant is an individual, partnership, corporation or other
form of organization.
(3) The legal description of the premises to be licensed together with a site plan
showing dimensions, location of buildings, street access, and parking
facilities.
(4) The floor number, street number, suite number(s) and rooms where the
massage services are to be conducted.
(5) Whenever the application is for premises either planned or under
construction or undergoing substantial alteration, the application shall be
accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans for design are on file with the
City's building and inspection department, no plans need be submitted to the
City.
(6) Whether all city utilities, real estate and personal property taxes that are due
and payable for the premises to be licensed have been paid. If the applicant
is in arrears for the payment of the same, the applicant shall state the time
period and amount of delinquent taxes and utilities in arrears.. and if not
paid, the amount in arrears and the time period the delinquency
encompasses.
(7) All applications for licenses shall be signed and notarized. If the application
is that of a natural person, it shall be signed and notarized by such person; if
by a corporation, by an officer thereof; if by an incorporated association, by
the manager or officer thereof; if by a limited liability company (LLC), by a
member thereof. Any falsification of information on the license application
shall result in the denial, suspension or revocation of the license.
(8) The amount of investment the applicant has invested in the business,
buildings, premises, fixtures, furniture and equipment, and proof of the
source of such investment. If a partnership, corporation, or other form of
organization, the names and addresses of any other persons investing in the
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business, building, premises, fixture, furniture and equipment, the amount of
their investment, and proof of the source of such investment.
(9) Whether the applicant has had an interest in, as an individual or as part of a
corporation, partnership, association, enterprise, business or firm, a massage
license that was revoked or suspended within the last five (5) years from the
date the license application is submitted to the City.
(10) Such other information as City staff or the city council shall require.
B. Individuals.
For Massage Therapy Business license applicants who are individuals:
(1) Full name, all aliases used, full address,phone number, and email address.
(2) Proof of whether the applicant is a citizen of the United States, a resident
alien or has the legal authority to work in the United States.
(3) Whether the applicant is currently licensed in other communities to perform
massage therapy, and if so,where.
(4) Names of the applicant's employers for the preceding five (5) years along
with the dates for such employment, occupations, employer's addresses and
contact information, including phone numbers and email addresses.
(5) Whether the applicant has ever been convicted of any felony, crime, or
violation of any ordinance other than a minor traffic offense. If so, the
applicant shall furnish information as to the time, place and offense for
each conviction.
(6) Whether the applicant has ever been engaged in the operation of a massage
therapy business or worked as a massage therapist. If so, applicant shall
furnish information as to the name, place and length of time of the
involvement in such an establishment and/or work as a massage therapist
and state if the applicant has ever had a massage business or therapist
license denied, suspended, revoked, or not renewed in any other city.
(7) A list of residential address at which the applicant has lived for the
preceding five(5)years.
(8) Whether the applicant has had an interest in, as an individual or as part of a
partnership, corporation, or other form of organization that has had a
massage license revoked or suspended within the last five (5) years of the
date of the license submitted to the City.
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C. Partnerships.
For Massage Therapy Business license applicants that are partnerships:
(1) The names of all general and limited partners and all information concerning
each general partner as is required for individual license applicants.
(2) The managing partner(s) shall be so designated.
(3) The interest of each general and limited partner in the business shall be
disclosed.
(4) A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name under Minn. Stat. § 333.02, a certified copy of such certificate shall be
submitted.
D. Corporations and Other Organizations or Entities.
For Massage therapy business license applicants that are corporations or other
types of organizations:
(1) The name of the organization, and if incorporated, the date and state of
incorporation.
(2) A true copy of the certificate of incorporation, and, if a foreign corporation,
a certificate of authority as described in Minn. Stat. § 303.02.
(3) The name of the general manager. corporate officers, and proprietor or other
person in charge of the premises to be licensed, and all the information
about said persons required for individual license applicants.
(4) A list of all persons who own or have a controlling interest in the
corporation or organization or who are officers of said corporation or
organization, together with their addresses and all the information regarding
such persons.
2. Massage Therapist License Application.
An application for a Massage Therapist license shall be made on a form supplied by the
City Clerk and shall include the following information:
A. The applicant's full name, all aliases, full residential address, home telephone
number, cell phone number, and email address.
B. The applicant's residential addresses for the previous five (5) years.
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C. The name of applicant's current employer, full address, and length of time
employed.
D. The names, address, occupations, dates of employment and contact information
for the applicant's employers for the previous five (5)years.
E. The applicant's birth date, physical description, including weight, height, color of
eyes, and color of hair. The applicant shall provide an enlarged color photocopy
of the applicant's driver's license or state-issued I.D. front and back, or any other
government-issued photo identification. If the photocopy is unacceptable to the
police chief, or designee, the police department may take photographs for the file.
F. Whether the applicant has ever been convicted of any felony, crime, or violation
of any ordinance other than a minor traffic offense and, if so, the time, place, and
offense for each conviction.
G. Whether the applicant has had an interest in, as an individual or as part of a
corporation, partnership, association, enterprise, entity, business or firm, a
massage license that was revoked or suspended within the last five (5) years from
the date the license application is submitted to the City.
H. The names, residential and business addresses, and current contact information,
including a phone number, for three (3) residents within the metropolitan area, of
good moral character, not related to the applicant or financially interested in the
premises of the business, who may be referred to attest to the applicant's
character.
Proof of whether the applicant is a U.S. citizen, resident alien, or has the legal
authority to work in the United States.
J. Proof that the applicant has met the following requirements:
(1) Is affiliated with, employed by, or owns a business licensed as a Massage
Therapy Business by the City.
(2) Provides proof that the applicant has met the academic requirements by
providing the following:
a. A certified copy of a transcript of academic record from an
accredited program or accredited institution that has been approved
by the City; and
b. A copy of the diploma or certificate of graduation from an
accredited program or accredited institution approved by the City.
The accredited program or accredited institution must confirm that
the applicant has successfully completed a minimum of 600 hours
of certified therapeutic massage training with content that includes
the subjects of anatomy, physiology, hygiene, ethics, massage
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theory and research, and massage practice from the same
accredited program or accredited institution; and
c. Proof of current insurance coverage of $1,000,000.00 for
professional liability in the practice of massage;
(3) In lieu of the academic requirement listed herein,the applicant may provide
proof of passage of the National Certification Exam offered by the National
Certification Board for Therapeutic Massage and Bodywork and a minimum
of seven (7) years of full-time work experience as a massage therapist
within the United States. The applicant is still required to provide proof of
compliance with the remaining provisions of this section.
K. Whether the applicant is currently licensed in other communities to perform
massage therapy, and if so, where as well as whether the applicant has ever had a
massage-related license denied, suspended, revoked, or not renewed in any other
community.
L. Whether the applicant has ever been engaged in the operation of a massage
therapy business, and if so, information as to the name, place, dates and length of
time of the involvement in such a business, including whether the business has
ever had a license for the business denied, suspended, revoked, or not renewed.
M. Such other information as the city council or staff shall require for the purpose of
approving the license.
125.06. TERM AND RENEWAL OF LICENSE
1. Licenses shall be issued for a term of one year. All Massage Therapy Business and
Massage
Therapist licenses shall expire on April 30th of each year. Licenses are non-transferable.
2. An application for a renewal of a Massage Therapy Business or Massage Therapist
license shall be made in the same manner as the original application. The license and
investigative fees shall be the same as the initial license application set forth in Chapter 11 of this
code.
3. If the license holder is a corporation, a new license application shall be submitted to the
City within thirty (30) days whenever more than ten percent (10%) of the corporation's stock is
transferred. If the license holder is a partnership, a new license application shall be submitted to
the City within thirty(30) days whenever a partner is added to the partnership.
4. After the completion of the initial license and renewal verification process for the
Massage Therapy Business license, City staff shall present a memo recommending approval or
denial of the business license to the city council in accordance with this section. If the license
application is denied, the City Clerk shall notify the applicant of the determination in writing and
by regular mail to the address provided on the application form within ten (10) business days of
the denial.
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125.07. LICENSE FEE
The fees for Massage Therapy Business and Massage Therapist licenses shall be set in Chapter
11 of this code. An investigation fee shall be charged for Massage Therapy Business and
Massage Therapist licenses as set in Chapter 11 of this code. Each application for a license shall
be accompanied by payment in full of the required license and investigation fees. An application
shall be deemed incomplete unless it is accompanied with the required fees, all documentation
required by this section, and is completed in its entirety.
125.08. LICENSE APPLICATION INVESTIGATION AND VERIFICATION
All applications shall be referred to the police chief, or designee, and such other city departments
as the City Manager shall deem necessary for verification and investigation of the facts set forth
in the application. The police chief, or designee, is empowered to conduct any and all
investigations to verify the information on the application, including ordering a computerized
criminal history inquiry and/or a driver's license history inquiry on the application. The police
chief, or designee, is authorized to access data maintained in the Minnesota Bureau of Criminal
Apprehension's Computerized Criminal History information system in accordance with BCA
policy. The police chief, or designee, and other consultants shall make a written
recommendation to the City Council as to the issuance or non-issuance of the Massage Therapy
Business or Massage Therapist license. The City Council may order and conduct such additional
investigation as it deems necessary. Upon completion of its investigation the City Council shall
grant or deny the license.
No investigation fee in part or whole shall be refunded. Out of state investigations shall require
the applicant to pay actual out-of-pocket expenses. A deposit for an out-of-state investigation
shall be required in advance as set forth in Chapter 11. The applicant shall be refunded any
unused deposit upon completion of the investigation if the application is denied.
125.09. INSPECTIONS
In light of the high risk of involvement with illegal conduct an establishment providing massage
therapy poses to the general public, City staff and/or the police department shall have the right to
enter, inspect, and search the licensed premises during the hours in which the licensed premises
is open for business to ensure compliance with all provisions of this section. Any search of the
licensed premises is subject to reasonableness standards as recognized by the courts; search
warrants will be secured when applicable. Any entry into a private residence will require
consent, exigent circumstances, or a search warrant. With reasonable notice, the business
records of the licensee, including income tax returns, shall be available for inspection during the
hours in which the licensed premises is open for business.
125.10. LICENSE DENIAL, SUSPENSION OR REVOCATION
In addition to the grounds found elsewhere in the City Code, the following reasons are grounds
for the denial, suspension, or revocation of a Massage Therapy Business or Massage Therapist
license:
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1. The applicant has been convicted of criminal prostitution, similar sex offenses, or other
crimes directly related to the offering of massage therapy services or the running of a massage
therapy business and has not shown competent evidence of sufficient rehabilitation and present
fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota
Statutes Section 364.03, subd. 3.
2. The applicant is a partnership, corporation, or other entity which has in its employ or is
owned by any persons convicted of criminal prostitution, similar sex offenses, or other crimes
directly related to the offering of massage therapy services or the running of a Massage Therapy
Business.
3. The owner, manager, lessee or any of the employees are found to be in control or
possession of any alcoholic beverages, narcotic drugs or controlled substances, as defined by
state statutes, on the premises.
4. If the holder of a business license fails to maintain with the City a current list of all
employees of such licensed premises. The list for the establishment shall include all massage
therapists licensed under this chapter.
5. A material variance in the actual plan and design of the premises from the plans
submitted.
6. There is any fraud, deception, or misstatement on the license application.
7. The owner, manager, lessee, or their employees or any massage therapist, are convicted
of any ordinance violation or crime occurring on the licensed premises.
8. The licensed premises are not located in an approved zoning district or otherwise do not
meet the health and safety standards found within the City Code for the licensed premises.
9. The applicant is delinquent upon its payment to the City of utilities, taxes, fines, or
penalties assessed or imposed against the applicant.
10. The licensed activity is conducted in such a manner as to constitute a breach of the peace,
a menace to the health, safety, or welfare of the public, or a disturbance of the peace or comfort
of the residents of the City, upon recommendation of the police department or an appropriate
City official.
11. The licensee fails to continuously comply with all conditions required as precedent to
approval of the license.
12. Based on the findings of a background investigation, granting a license would be a
menace to the safety,health, morals, or welfare of the public.
13. The applicant or licensee is not of good moral character.
14. The applicant or licensee is not the real party in interest of the enterprise.
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The City Council may suspend or revoke a Massage Therapist or Massage Therapy Business
license following provision of written notice to the licensee and a hearing. Notice shall be
provided to the license holder in writing at least seven (7) days prior to the hearing and shall state
the nature of the charges against the licensee. The notice shall be mailed by regular mail to the
licensee at the most recent address listed on the license application.
125.11. LICENSE RESTRICTIONS
1. Posting of License.
A. Business License. A Massage Therapy Business license must be posted in a
conspicuous place on the premises for which it is issued.
B. Massage Therapist License. A person licensed as a Massage Therapist shall post
the Massage Therapist license, along with a color photo, in a conspicuous place
on the premises at which the therapist is associated. A Massage Therapist shall
have readily available at all times when massage services are rendered a
government- issued photo identification card.
2. Licensed Premises.
A. Business License. A Massage Therapy Business license is only effective for the
compact and contiguous space specified in the approved license application. If,
following issuance of the license, the licensed premises is enlarged, altered, or
extended, the licensee shall inform the City Clerk of the same within ten (10)
business days of the enlargement, alteration, or extension. The licensee shall
meet with designated City staff who shall confirm that the enlarged, altered, or
expanded space is in full compliance with all City regulations, including the
building code. If the enlarged, altered, or expanded space is in full compliance
with all City regulations, the business license shall be amended to encompass the
larger space.
B. Massage Therapist License. A Massage Therapist license shall only be issued for
the location of the licensed Massage Therapy Business premises. It shall be the
continuing duty of each licensee to notify the City Clerk, within ten (10) business
days, of any change in the information or facts required to be furnished on the
license application and failure to comply with this section shall constitute cause
for revocation or suspension of such license.
3. Affiliation with Business Required. A Massage Therapist shall be employed by,
affiliated with, or own a Massage Therapy Business licensed by the City, unless a person or
place is specifically exempted from obtaining a Massage Therapy Business license pursuant to
this chapter.
4. Employment of Unlicensed Massage Therapists Prohibited. No Massage Therapy
Business shall employ or use any person to perform massage services who is not licensed as a
Massage Therapist under this section, unless the person is specifically exempted from obtaining
a Massage Therapist license pursuant to this chapter.
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5. Coverage of Genitals During Massage. The licensee shall require that the person who is
receiving the massage shall at all times have his or her genitals covered with non-transparent
material or clothing.
6. Therapist Dress Requirements. Any Massage Therapist providing massage services shall
at all times be dressed professionally.
7. Massage of Certain Body Parts Prohibited. At no time shall a Massage Therapist
intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, breasts, or
vaginal area of a person.
8. Restrictions Regarding Hours of Operation. No Massage Therapy Business shall be open
for business, nor will any Massage Therapist offer massage therapy services, before 8:00 a.m. or
after 10:00 p.m. any day of the week. No customers or patrons shall be allowed to remain upon
the licensed premises after 10:30 p.m. and before 8:00 a.m. daily. Support activities such as
cleaning, maintenance and bookkeeping are allowed outside of business hours.
9. Illegal Activities. In addition to the license restrictions set forth in this section, any
advertising by a licensee of any potential unlawful or erotic conduct at the licensed establishment
or by a licensed massage therapist shall be prohibited. A licensee under this section shall be
strictly responsible for the conduct of the business being operated in compliance with all
applicable law and ordinances, including the actions of any employee or agent of the licensee on
the licensed premises.
10. Restrictions Involving Minors. No license may be issued to a person under eighteen (18)
years of age.
125.12. RESTRICTIONS REGARDING SANITATION,HEALTH AND SAFETY
1. Toilet Room Requirements. A Massage Therapy Business shall be equipped with
adequate and conveniently located toilet rooms for the accommodation of its employees and
patrons. The toilet room shall be well ventilated by natural or mechanical methods and be
enclosed with a door. The toilet room shall be kept clean and in good repair and shall be
adequately lighted.
2. Paper/Linen Requirements. A Massage Therapy Business shall provide single-service
disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron
receives the massage; or in the alternative, if the table, chair, or furniture on which the patron
receives the massage is made of material impervious to moisture, such table, chair, or furniture
shall be properly sanitized after each massage.
3. Washing of Hands Required. The premises shall contain an on-site sink. The Massage
Therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs,
alcohol, or other disinfectants prior to and following each massage service performed.
4. Door Latches and Locks. Doors on rooms where massage services are provided shall not
be locked or capable of being locked. Locks, latches or other devices intended to secure a door
13
92
so as to prevent it from being opened by any person from either side of the door with or without
a key cannot be present on any doors of rooms intended for Massage therapy.
125.13. PENALTIES
Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this
Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of the Fridley City Code.
Section Two. Effective Date. This Ordinance shall be effective beginning on August 1,
2018, following its adoption and publication according to law.
Section Three. Fees. That Section 11.11 be hereby amended and ordained as follows:
125 Saun nd Ma. a Parlors
X00
$3,000/year
$4-00-each
_ - $50-eash/year
125 Massage Therapy Business License Fee
Business Investigation Fee Corporation/Partnership $400(new)$200(renewal)
Business Investigation Fee Individual $200(new)$100(renewal)
Massage Therapist License Fee $50
Therapist Investigation Fee $25
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
11TH DAY OF JUNE 2018.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: May 29, 2018
Second Reading: June 11,2018
Publication: June 22, 2018
14
93
ORDINANCE NO.
AN ORDINANCE REPEALING AND REPLACING CHAPTER 125 OF THE FRIDLEY CITY
CODE RELATED TO THE LICENSING OF MASSAGE THERAPY BUSINESSES AND
MASSAGE THERAPISTS
I. Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to license and
regulate massage therapy business and therapists.
II. Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 125 of the Fridley City Code be repealed in its entirety and replaced with new
language requiring the licensing and regulation of massage therapy businesses and individual
massage therapists.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431
University Ave N.E., Fridley,MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
11TH DAY OF JUNE 2018.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: May 29,2018
Second Reading:
Published:
15
94
AGENDA ITEM
���°f CITY COUNCIL MEETING OF
Fridlalwey
JUNE 11 , 2018
Date: June 7,2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Subject: Public Hearing to Consider Revocation of SP# 07-01 for Sam's Auto Parts
Background
Eleven years ago,the City Council granted a special use permit to Sam's Auto Parts to continue to operate a
auto salvage yard on the corner of 73rd Avenue and Central Avenue.The special use permit was accompanied
by a rezoning for one of the parcels used by the business and a variance to fence height. There were six
stipulations tied to the special use permit and 18 stipulations tied to the rezoning.Despite repeated reminders,
several of the stipulations have never been completed by the owner. Since eleven years has passed on a five-
year compliance plan,staff believes the City is compelled to revisit the validity of this permit.
As the City had done with other scrap yards in the area,the owner,Barry Hoosline,had been given a five-
year timeline for reaching completion of the stipulations of their special use permit. This was due to the fact
that many of the stipulations involved a significant financial investment in the business site. Staff has
repeatedly been lenient on the delays in compliance as the property owner has been seriously ill and has
experienced financial difficulties. Staff had scheduled a revocation hearing for this case last summer,but
cancelled the hearing when the property owner appeared to be making progress. Today,however,the same
stipulations that were incomplete last summer remain incomplete, leading staff to move forward with a
revocation hearing.
The stipulations that remain incomplete are:
• The stormwater pond improvements need to be complete(deadline was Oct. 15,2009)
• New 73rd Avenue access has not been completed according to the site plan(deadline was July 1,
2010)
• Barry Hoosline does not yet own 7340 Central parcel yet,and until he does,it is impossible to
combine all the lots for tax purposes as stipulated.
• MPCA records list an underground tank still on site in 2009. Staff is unsure if a recently submitted
MPCA letter clears that record.
A public hearing notice related to this permit was advertised in the Fridley Sun Focus newspaper on May 25,
2018.
95
In recent communication with staff,the property manager has indicated that they anticipate having the
remaining stipulations met by the end of the month. They have accepted a proposal from a contractor to
install concrete and asphalt contractor.They also have indicated that they have a contractor selected to install
the pond liner,which is on order.
Recommendation
Staff recommends that the City Council continue the public hearing until July 9, 2018,to give the property
owner a few more weeks to complete the stipulations.
96
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.V.i 1240 73-1/2 Avenue NE N °s PO. e. 0)
Fridley,Minnesota 55432 ` -1 /
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97
CITY COUNCIL
ACTION TAKEN NOTICE
June 25, 2007
Barry Hoosline
Sam's Auto Parts
1240 73 %Avenue NE
Fridley MN 55432
Dear Mr. Hoosline:
On Monday, June 11, 2007, the Fridley City Council officially approved your request for a
Special Use Permit, SP #07-01, to allow an auto recycling center (junk yard), in M-1, Light
Industrial Zoning District, legally described as Lots 16, 17, & 18, Block 2, Central View Manor,
generally located at 1230—73 Avenue NE, 1240 73 ' Avenue NE, and 7340 Central Avenue
NE
Approval of this special use permit is contingent upon the following stipulations:
1. By October 1, 2007, the petitioner shall redesign the site plan according to code and
obtains approval by staff and reduces screening fence height or applies for fence height
variance.
2. By May 1, 2008, the petitioner shall obtain approval of grading and drainage plans by the
RCWD.
3. By May 1, 2009, the petitioner shall have all soil testing and any discovered contamination
rectified and has removed all of the nonconforming buildings from the site.
4. By October 15, 2009, the petitioner shall have the storm water ponding improvements
installed.
5. By July 1, 2010, the petitioner shall have completed all curbing and paving according to the
approved site plan.
6. By June 1, 2011, all of the stipulations shall be completed, including landscaping according
to a landscape plan approved by staff.
Also, on Monday, June 11, 2007, the Fridley City Council officially approved your request for a
Rezoning, ZOA 07-01, to rezone the property at 7340 Central Avenue NE, from C-1, Local
Business to M-1, Light Industrial.
Approval of this rezoning is contingent upon the following stipulations:
1. Property owner conduct soil testing and provide City and other applicable government
authorities proof of clean soils prior to installation of any new impervious surface on any
of the parcels involved in the approved application.
2. Once Petitioner owns all of the property used for his business, owner shall file
necessary documents with Anoka County to combine the parcels for tax purposes.
98
Sam's Auto Parts
Page 2
June 18, 2007
3. The single family home and the garage structures, which do not meet setback
requirements, on the 7340 Central Avenue parcel be removed and other accessory
buildings and fencing on the 1240 73 %Avenue parcel be removed according to the
petitioner's June 26, 2006 preliminary grading plan.
4. Petitioner to obtain approval of grading and drainage plan from the watershed district.
5. Petitioner to obtain any necessary approvals to operate an auto recycling center from
the appropriate governmental authorities.
6. Petitioner to obtain all necessary permits prior to construction or demolition.
7. Site Plan needs to be adjusted to provide code required curbing/paving installation
setbacks.
8. Petitioner to meet all building and fire code requirements.
9. City Engineering staff to review and approve final grading and drainage plan prior to
issuance of permits.
10. Storm pond maintenance agreement must be filed prior to issuance of land alteration
permit.
11. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire
site.
12. Final landscape plan to be reviewed and approved by City Staff prior to issuance of land
alteration permit.
13. Provide proof that any existing wells or individual sewage treatment systems located on
the site are properly capped or removed.
14. Property owner of record at time of land alteration to correct any deficiencies in the
water and sewer connections to the buildings on site.
15. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 %Avenue must
be removed as part of redesigned site plan.
16. Any business signs that are not approved currently by a sign permit must be removed
from the site until a permit is obtained.
17. Petitioner to reduce screening fence height to 8'or obtain variance.
18. Petitioner to provide proof that any unused underground storage tanks have been
properly removed or conduct a tank search and abatement if any tanks are found.
If you have any questions regarding the above action, please call me at 763-572-3590.
Sincerely,
Scott Hickok
Community Development Director
SH/jjb
cc: Special Use Permit File
Rezoning File
Address File
Tina Beckfeld
Stacy Stromberg
GIS Dept.
Assessing—Mary Smith
Engineering Dept.—Ray Statler
Engineering Dept.—Jon Haukaas
Duane Waldoch—7340 Old Central Ave.
Derek Haluptzok—7300 Old Central Ave.
99
fJi ,(
AGENDA ITEM
CITY COUNCIL MEETING
ridley
JUNE 11, 2018
Date: June 8, 2018
To: Wally Wysopal, City Manage*
From: Paul Bolin, Asst. Executive HRA Director
Subject: Public Hearing to Create TIF District#24 — Northern Stacks VIII
Hyde Development has requested the Authority's assistance to clean up
contaminated soils, for what will be known as Northern Stacks VIII. This is the
building located at 5101 Industrial Boulevard, adjacent to Northern Stacks.
I ,,, ;,. :.v„,,..,,,wit„i„ i '-p---- 7, 1- r r 7 n ,
..,,.._ 0*4%-**,+."410 ",: - 7 ."
' t # % , . .d .„ ._ ....? - (-0* ....,..-, .
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,- t'=,-a''',i•' ,104..«v r�.. -' is,
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TIF District#24- Northern Stacks VIII is being created to fund portions of the
redevelopment activities for the site located at 5101 Industrial Boulevard NE.
The creation of this district will allow Hyde Development to feasibly redevelop this
contaminated site by paying for some of the extraordinary cleanup costs. The
eligible cleanup activities include a vapor mitigation system for the existing
buildings, constructing drive and truck court as engineered barrier for
contaminated soil, stormwater enhancements, and creation of clean green
spaces.
100
Staff has been working diligently with legal counsel to ensure all of the proper
steps towards the creation of TIF District#24 have been taken. A notice of intent
to create the district was provided to Commissioner Kordiak; a draft TIF Plan was
provided to Anoka County and to the School District; and Monday night's hearing
has been advertised in the Fridley Focus.
On June 7th, the HRA, adopted a resolution that modified the redevelopment
plan for Redevelopment Project #1 and the TIF Plans for Districts#6, 9, 11-13
and 17-23 to reflect increased project costs and increased bonding authority
within Redevelopment Project #1. The resolution also gives their authorization
for the creation of TIF District#24 and adopts the TIF Plan for District#24.
Staff recommends that the Council hold the public hearing for the creation of TIF
District #24.
•
101
SECTION XXVI
TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING DISTRICT NO. 24
(Stacks VIII)
Subsection 26.1. Statement of Objectives. See Section I, Subsection 1.5,
Statement of Objectives.
Subsection 26.2. Modified Redevelopment Plan. See Section I, Subsections 1.2
through 1.15.
Subsection 26.3. Parcels to be Included. The boundaries of Tax Increment
Financing District No. 23 (the "TIF District") are described on the attached Exhibit
XXVI-A and illustrated on Exhibit XXVI-B.
Subsection 26.4. Parcels in Acquisition. The Authority may write down or
acquire and re-convey real property, or interests therein, within this TIF District or
elsewhere within the Project Area, at the time or times as the Authority may determine
to be necessary or desirable to assist or implement development or redevelopment
within the Project Area or the TIF District. The Authority may acquire any of the parcels
described on Exhibit I-A and illustrated on Exhibit I-B by gift, dedication, condemnation
or direct purchase from willing sellers in order to achieve the objectives of the
Redevelopment Plan or the TIF Plan.
Subsection 26.5. Development Activity for which Contracts have been Signed.
As of the date of adoption of the TIF Plan, the Authority intends to enter into
Redevelopment Contracts with developers for the activities discussed below:
Subsection 26.6. Specific Development Expected to Occur. At this time it is
anticipated that the current parcel will be redeveloped to include the following:
Environmental Activities:
• Remediation of site soils impacted with volatile organic compounds,
polycyclic aromatic hydrocarbons and Resource Conservation and
Recovery Act metals and construction debris;
• Installation of Vapor Treatment System under the existing building floor;
and
• Construction of new green spaces and utility corridors by removing
contaminated soil.
Redevelopment Activities:
• Relocate semi trailer storage area against the west building façade;
• Create new stormwater pond on SW corner of site (currently semi trailer
storage);
26-1
102
• Paint building Stacks gray;
• Add Architectural elements to building to match it to Northern Stacks'
design (See attached elevations);
• Remove old Roof top unit;
• Demolish former 2-story office;
• Rebuild existing parking lots and truck courts;
• Improve interior floor slabs in areas that have been damaged;
• Upgrade sprinkler system to ESFR; and
• Replace roof.
Upon completion of these activities the rehabilitated building will have approximately
177,657 square feet with an approximate estimated market value of$10.5M.
Subsection 26.7. Prior Planned Improvements. After due and diligent search,
the Authority has determined that no building permits have been issued during the
eighteen (18) months immediately preceding approval of the TIF Plan by the Authority.
Subsection 26.8. Fiscal Disparities. The Council hereby elects the method of
tax increment computation set forth in Minnesota Statutes, Section 469.177,
Subdivision 3, clause (a) if and when commercial/industrial development occurs within
the TIF District.
Subsection 26.9. Estimated Public Improvement Costs. The estimated public
improvement costs, including interest thereon to be incurred for the benefit of and within
the TIF District and the Project Area are set forth on Exhibit I-C.
Subsection 26.10. Estimated Amount of Bonded Indebtedness. It is anticipated
that approximately $1,800,000 of bonded indebtedness may be incurred with respect to
this portion of the Project Area.
Subsection 26.11. Sources of Revenue. Anticipated revenue sources to assist
in the financing of the public improvement costs, pursuant to Subsection 21.9. above,
include (1) general obligation and/or revenue tax increment obligations with interest;
(2) the direct use of tax increments; (3) the borrowing of available funds, including
without limitation interest-bearing City short-term or long-term loans; (4) interfund loans
or advances; (5) interfund transfers, both in and out; (6) land sale or lease proceeds;
(7) levies; (8) grants from any public or private source; (9) developer payments;
(10) loan repayments or other advances originally made with tax increments as
permitted by Minnesota Statutes; and (11) any other revenue source derived from the
City's or Authority's activities within the Project Area as required to finance the costs as
set forth in Exhibit 1-C. All revenues are available for tax increment eligible expenses
within the Project Area as allowed by Minnesota Statutes.
Subsection 26.12. Estimated Original and Captured Tax Capacities. The tax
capacity of all taxable property in the TIF District, as most recently certified by the
Commissioner of Revenue of the State of Minnesota on January 2, 2018, is estimated
to be $133,284.
26-2
103
The captured tax capacity of the TIF District upon completion of the proposed
improvements on.January 2, 2020 is estimated to be $76,716. The Authority intends to
utilize 100% of the captured tax capacity for the duration of the TIF District for purposes
of determining tax increment revenues.
Subsection 26.13. Tax Increment. Annual tax increment generated from the TIF
District has been calculated at approximately $90,513 upon the completion of the
improvements. This estimate is provided on the attached Exhibit XXVI-C. Revenue
has also been projected for the duration of the TIF District and is shown on Exhibit I-C-
19.
Subsection 26.14. Local Tax Rate. The estimated pay 2018 local tax rate is
1.17984.
Subsection 26.15. Type of TIF District. The TIF District is a soils condition
district pursuant to Minnesota Statutes, Section 469.174, Subdivision 19.
Subsection 26.16. Duration of TIF District. The duration of the TIF District is
expected to be twenty (20) years from receipt of the first tax increment. The date of
receipt of the first tax increment is anticipated to be 2021. Thus, it is estimated that the
TIF District, including any modifications for subsequent phases or other changes, would
terminate in the year 2041.
Subsection 26.17. Estimated Impact on Other Taxing Jurisdictions. The
estimated impact on other taxing jurisdictions assumes construction would have
occurred without the creation of the TIF District. If the construction is a result of tax
increment financing, the impact is $0 to other entities. Notwithstanding the fact that the
fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing
would not have occurred without the assistance of the Authority, the attached Exhibit
XXVI-E reflects (I) the estimated impact of the TIF District if the "but for" test was not
met; (ii) the estimated amount of tax increment generated annually and over the
duration of the TIF District; and, (iii) the estimated amount of tax increment attributable
to the County, School District and other taxing districts.
At this time the Authority anticipates there will be no impact on City services due
to the creation of the TIF District. Additionally, since the City has no current plan to
issue general obligation debt for project costs, it further anticipates that there will be no
impact on its borrowing costs due to the creation of the TIF District. Please refer to
Exhibit XXVI-D for the narrative "but for" analysis.
Subsection 26.18. Modification of the TIF District and/or the TIF Plan. As of
June 11, 2018, no modifications to the TIF District or the TIF Plan have been made,
said date being the date of initial approval and adoption thereof by the City Council.
26-3
104
EXHIBIT XXVI—A
PARCELS TO BE INCLUDED IN THE TAX INCREMENT FINANCING
DISTRICT NO. 24
27-30-24-12-0046
and all adjacent easements, rights-of-way, roads and streets.
XXVI-A-1
105
EXHIBIT XXVI-B
Map of Tax Increment Financing District No.24
\ Redevelopment
•
fi,„„.„1Project Area and
v,-. . '` Tax Increment 3I3ii F6dFinancing Districts
v
>, f
v 1111_ 05514E
5250 51 9 ; 1
Q
5150 40 30
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in which Tax Increment may
1 be Spent
s Proposed 1W District#24 in
j 71 which Tax Increment may be
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Date 5192018
'i7f ."102i7Nrrt'.y,.®,,.r'-*,-'e,.ares'7x.i .a
XXV I-B-1
106
Page•
XXV I-C
....
CITY OF FRIDLEY
_ .
Stacks VI0(TIF 024)
ASSUMPTIONS
—
. .
Area of Parcel 2011 ENV!Pay 2019
_
Onginaf Market Value* (Acres) (Sq.Feet)— Land Building Totai
i .
1 27-33-24 12-0046 5101 trids.istriat R vd NE 11 66' 507.9'O 1.143.500 5.520.700 6.664.2001
0'
0
0
0
totals TOTAt_ '1.66 507.910 $1,143.500 $5.520.700 $ 6.664,203j
225 per so k
Porton of Site
Original Tax Capacity Ca Rate_ •33.264'
Commeroal/Retaii 100 0%.. 6.66420C V 2 OVA.:- 133.264
Perida-Laritkd n?oorna 4d 03% C g 0 14(. 0
Rentdd 0 0% 0 0 ' 125%
Owner Ocicuipied 0.0% 0' V 100%= 0 ,
•CO 0%
0 .
Phase 1
- -. .
Estimated Market vaue• Suit•2019 0..mits S135°°°M
esbmatest Tax dapatAy 2023 171,07 ac k 210000
Esinnated Taxes 2021 376 096*
_E.slirraTied Tax increment 90.513
*Philip 2(combined)
Estimated Market Ileum' Suet-2020 0 units "0.503 000 15 bikes win i V.'
Estimated Tax Capar ty 202177,657 so ft ...,. 213,000
estonatto Taxes 2022 376,998 3.6%Eff Tax Ram
Estimated
ax noremcsk 95.513 240%of iot wen
, .
Local Tax Rate• Pay 20111 1st 047 VW,7 0 3. 117954 Used for Proes•Jons .
State Tax Rate- Pay 2018 0 43865 (CII only)
.....
Elf.friar on local tax rate fog taxes at F.D.rate 0.09238 (CR only)
Combined Tax Rate•cn Propely on y 1.71067
i.f-..1.3Lati-....t,..1...,......01
- ... .. . • ....- .. - .
it
,
- *X et Value.Referendum Taxes 0 16873%Pay2018
_
Admin Fon- 10 03%
. .
State Am:Stew Foe 0 atm.
.
Inflation (citer 2 yrs ot Cul yaiuo' 2 63%
Present Value Rate • 12,4r20,8 5.50%
I .
XXVI-C-1
Stacks VIII 70156 xis,. Pronarod by Grog Johnson 5/7720 9
107
XXVt C Page 2
CITY OF FRIOLEY
I
Stacks VIII(TIF#241
ASSUMPTIONS
PHASE f
Total Estimated Market Value 910,50C 000
GJmme,' 'oi/R tail 10,500,000
•
CO^'rtW*aai-Stacks 4,1 *77,667 sq ft a 59.10 /sq ft = '0,500,000
L;Os"me•Ceat 0 sq ft.0 59 10 fsq.h= 0 I
Office/Retail 0 so ft eg 5910 , leg.ft ' 0
Reran-sconce 0 sq ft 0 59 10 /sq.ft - 0
Restaurant/entrirtainment 0 sq ft 0 59 10 fsq:ft - , 0
Other 0 sq ft.6 59.10 Msq.R - 0
Rental 0
Pr 1-Mixed triowto I00 0% 0 units 0 132,2668 /Jot_ , — 0
PIt 1 Market Rate 53 04,0. 0 units G 132.268' ' Aar!= 0
Ph 2-Marker Rate 0 0'4 0 un Is 0 125,000' rvn,i. 0
Owner Occtgred 0
A Smote Farm) mup
foes 3.0% 0 as e 200.000, /unit= 3
9 Townhomes-Yea'' 0 0% 0 arts t 140.030 r /Jril= 0
C Townhfles-Yea=2 0.0% 0 urts 0 140.033,
n; /unit= 0
f)Teenttames-Yea•3 0.0%i 0 tintsf 140 000 lur:N= 0
0units
y - 177.657 SO ft
Total Estimated Tax Capacity � • 210,000
Comnlemeaf/Retad 210,300
'GromnierCati &auis VIP 2 00% 210.1770 .
Commersia` 2 00% 0
Office/Ratite 2 00% 0
Retail-service 2.00% 0
Restaurant t ertertainsr i
r+ 2 00% 0
Other w 2.00Yn • 0
. ._ lei
__ ._.. _ - - ---__ 0
Ph 1-Mixed!Income 0.75% 0
nh 1 •Market Rate 1 25% 0
Ph 2-M 1
arket Rate 25% 0
T Owner Occupied o
A Single Farad y Homes0
S. 500 000 • 100% 0
> 500.000 125!1 3
_ .----.-4._.. ----_-_____ ,__ ._.___ _3
9 f Owrtt+attea Year I—
0
e-' 500.000 x 100% 0
> 500.000 125% 3
. C Townhomes-Year 2 0
<= 503 000 100%. 0
> 500,000 125% 0
U Teumhcrrees-Year 3 0
<.- 500.000 1.00% 0
a 560,000 1 25% 0
Total Eabmeted Taxes 376,995
Commenciel/Pelee 376,998
CCmme caai-Stacks VIII 177.657 sq.ft t 1 12 fsq ft = ' 376,996
Contmercia 0 s4.`t 0 0-00 fsq.ft - 0
ORS!Retail 1 0 so ft a 000 fsq ft = I 0 I
Retail-Seftice i fS so at it' 0 '1 'sq h = 4 I 1
Restaurant!entertainment C sit h0 00 fsq ft _ 0
Other a so ft �, 0 03 fsq.ft= ' 0
Reefs! 0 i
I'n 1-touted tnopme ' C units 0 0 Nnit 0 i
Ph 1-Menet Rate 0 inns 0 0 Amit 0- t
Pn 2-Market Rete 0 ¢niIa 6 0' lune!- 0
Owner Occupied 01
A Steele Fa mfy Homes 0 units 0 0 Jurat= 0 .
9 Townhomes-Yes'` 0_ -nib 0_ 0 r Jilt=- 0
r C Teennones•Year 2r- 0 units @ 0, i4nit= 0
0 TOwnhomos-Yew 3 ' 0 units @ 0', /Jnit= 0
I
Crnstructon 2019
f u'.Valuation 2020
Taxes Payable 2021 _...—
XXVI-C-2
Stacks VII1 2018b Ass P-epa red by Gra.lot--,son 5/712018
108
xxV i-c
Page 3
CITY OF FRIDLEY _ _
Stacks VIII(TIF#24)
CASH FLOW AND PRESENT VALUE ANALYSIS
<------ ANNUAL •------> <-----_-_I----_------ SEMI-ANNUAL----- - - - - >
(a) (b) (c) (d) (e) (f) (0) (h) (I) (I}
Original Estimated Captured Est.T I Less: Available Cumulative <-•-- Present Value---•-->
Tax Tax Tax (d)x Admin Tax Avail Tax 1 Semi Annual Cumulative
Date Capacity Capacity Capacity 1.17984 Fees Increment IncrementBalance ' Balance
(see assumptions) (c)-jb) •St,Aud.Fee je)x (e) (t) Total of(g)� P V of(g) Total of(i)
2.5%Inflation (prey.year) 0.000% 10.00% ` 5.50%12!01118
12/01/18
06/01/19 0 0 0 0 0•
1210'.119 i •
+ 0 0 0 0 0
06101/20 133,284 210,000 0 0 0 0 0
12/01/20 133,284 210,000 . 0 0 D 0 0
1 06101/21 133,284 210,000 76,716 45,256 4526 40,731 40,731 35,564 35,564
12101/21 133,284 210,000' 76716 45,256 4526 40,731 81,461 34,612 70176
2 06+01/22 133284 215,24976,716 45,256 4526 40,731 122,192 33,686 103,862
12/01122 133,284 2`5,249' 76716 45256 4,526 40 731 162,923 32,784 136,647
3 06/01/23 133,284 220.614 81.965 48,3534,835 43,518 206,440
34.090 170,737•
12/01//223 133284 220,614 1- 81,965 48,353__ 4,835 43,518 249,958 33,176 203.915
4 06/01/24 133,284 226 122 ' 87,330 51,518 5,152 46,366 296.324 34,403 238,318
12/01124 133,284 226,122 8T,330 , 51618 5,152 46,366 342.690 33483 271,801
5 06/01/25 133,284 231.771 ± 92,838 1 54,767 5,477 49290 391.981 34,642 306,442
12101/25 '33,284 231,771 92,838 : 54,767 5,477 49,290 441,271 33,714 340,157
6 06/01/26 133,284 237,566 96,487 14 58,100 5,810' 52,290 493.560 34.809 374,965
12/01126 133,284 237,566 98,4871 58.'00 5,810 52,290 545,850 33,877 408,842
7 06/01/27 133,284 243,505 104,282 61.516 6,152 ' 55,366 601216 34,910 443,753
12/01/27 133,284 243,505 104,282 61,518 6,152 55,366 656,582 33,976 477,728
8 06/01/28 133,284 249.592 11;).221 • 65,021_ t 6,502 58,519 715.101 34,950 512,678
'2/01128 133,284 249,592 110,221 65021 , 6,502 58519 773,621 34,014 • 546,693
9 06/01/29 133,284 255,832 116-308 68,613 : 6,861 • 61,751 835,372 34,932 581,625
12/01/29 133,284 255.832 116,308 68,613 ' 6,861_ 61,751 897,123 33,997 615,622
10 06/01/30 133,284 262,228 122.546 72,294' 7229 65064 962,188Tr34,863 650485
12101/30 133,284 262,228 122.548 72.294 7,229 85,064 1 027,252` 33,930; 684,415
11 06/01/31 133.284 268,784 128944 76067 ' 7,607 66,460 1,095,712 i 34,745 1 719,160
12/01/31 133,284 268,784 128,944 76,067 7,607 68.460 1.164,172 i 33,815; 752,975
12 06/01/32 133,284 275,503 135,500 79,934 7,993 71,941 1,236,112 ! 34,583: 787,558 i
12/01/32 133,284 275,503 135,500- 79,934 7.993 71,941 1,308,053' j 33,658 1 821,215
13+ 06/01/33 133284 282,391 142,219 83,898' 8290 75,508 1,383561 34,381 855,596
12/01/33 133284 282291 142219 83,898 8,390 75508 1,459,069 33,461889,057
14 '_ 06/01/34 133,28. 289,451 ' 149,107 87,961 8,796 79,165; 1,538,234 34,143 923,200
12/01/34 133284289 A51 149,107 87,961 8796 79,165 11,617 399 33229 956,429
15' 08/01/35 133284 296,687 156,167 92,126 9,213 82,913 1,700,313 33,871 990,299
12/01/35 133284 296,687 156,187 92,126 9,213 820131 1.783,226 32,964 1,023,264
16 ` 06101/36 133,284 304,104 163,403 96.395 9,639 86.755 1,869,981 33,568 1,056,832
12/01/36 133,284 304,104 163,403 96,395 9,639 86,755 1,956,736 32,670 1,089.502
17 06/01/37 133284 311707 170.820 100,770 10,077 90,693 2,047,429 33,239 1,122,741
12/01/37 133,284 311,707 170,820 100,770 10,077 : 90,693 2,'38,123 32,349 1,155,090
-18_ 06/01/38 133,284 319,499 178423 105,255 10,526 94,730 2,232,852 32,885 1,187,975
12101/38 , 133,284 : 319,499 178.423 105,255 10526 94730 2,327,58232,005 1,219,980
19 06/01/39 ' 133,284 327,487 186,215 '09,852 10,985 98,867 2,426,449' 32,508 1,252,488
12/01/39133,284 327.487 186,215 *09,852 10,985 98,867 2,525,316 31,638 1.284,126
20 06/01/49 1 133284 , 335,674 194203 114564 11,456 103,108 2,628,423 32.112 1216,239
12/01/40 t' 133284 335,674 ' 194.203 "4,564 11,456 103,108 . 2,731,531 31,253 1,347,492
-
21 06/01/41 I 133,264 344,066• 202,390 119,394 11039 107,455 2,838.98531,699 1.379,190
12/01/41 : 133,284 344066 202,390 119,394. 11,939 107.455 2,946,440 30,850 1,4'0,041
3,273,822 327,382 2,946,440 2,946,440 1,410,041 1,410,041
XXVI-C-3
Stacks VIII 2018b.xlsx Prepare;{by Greg Johnson 5/7/2018
109
EXHIBIT XXVI—D
"BUT FOR"ANALYSIS
The proposed TIF District is a single parcel of land which requires environmental
remediation and significant remodeling of the existing building. The redevelopment and
proposed remediation are described in detail in the following documents:
1. Remedial Investigation Report and Response Action Plan for 5101
Industrial Blvd. NE prepared for Fridley Land LLC and dated March 13,
2018 (the cover page and the Introduction are attached; the full report is
on file with the Fridley Housing and Redevelopment Authority).
2. RAP Addendum No. 1 for 5101 Industrial Blvd NE, Fridley, MN from
Braun Intertec to Ms. Shanna Schmitt, PA, MPCA dated April 16, 2018 (a
copy of the RAP Addendum No. 1 is attached).
In addition to receiving $660,000 of tax increment to assist with the remediation, the
Redeveloper is also anticipating receipt of approximately $432,000 from the Minnesota
Department of Employment and Economic Development and approximately $250,000
from the Metropolitan Council.
Once the site has been remediated and the building rehabilitated, there should be an
additional increase in market valuation of approximately $3.8M.
But for the use of tax increment, the Authority and City have determined that this
development would not occur in the reasonably foreseeable future if at all.
XXVI-D-1
110
XXVI-D
Remedial Investigation Report and
Response Action Plan
5101 Industrial BLVD NE
Fridley,Minnesota
BF0000627
150004750
Prepared for
Fridley Land LLC
Professional Certification
I hereby certify that this plan,specification or report
was prepared by me or under my direct supervision
and that I am a duly Licensed Professional Geologist
under the laws of the State of Minnesota.
e.,„//7. —
Mark D.Keefer,PG
Senior Scientist
License Number:47350
ottti
trrr,ri,
Sa`P�r S'K.. A' % . �.
. te'':
r LICENSED
PROFESSIONAL.
GEOLOGIST =
o�tAJ:. 47350 . Q
'sett-es
MPHL t ti%.%
Project 8711344.02
BRAUN B ! �^ March 13,2018
f V T E RT E l._, Braun Intertec Corporation
XXVI-D-2
111
•
XXVI-D
A. Introduction
Fridley Land LLC(Client)is planning to redeve'op the property located at 5101 Industrial Boulevard NE in
Fridley,Minnesota(Site).The location of the Site is shown on Figure 1.
The redevelopment of the Site is being completed by Fridley Land LLC under the guidance of the
Minnesota Pollution Control Agency(MPCA)Voluntary Investigation Cleanup(VIC)program.
The Ste has been enrolled into the tvIPCA's ViC program and assigned as 8FO000627 and Petroleum
Program assigned as 150004750
Braun Intertec completed a Phase i Environvnentai Site Assessment(ESA)of the properly in 20)7,
which identified a number of Recognized Environmenta`Conditions{RFC)at the Site. ndley Land LLC
recently performed an environmental investigation of the Site for the RECs that were identified.The
results of the initial environmental investigation identified soil,groundwater and soil vapor impacts at
the Site.Based upon the results of the initial environmental investigation a remedial investigation was
performed tc further delineate the impacts identified in the initial environmental investigation.The
remedial investigation focused on potential soil and soil vapor contamination.Resu'its of trw remedial
investigation are included in Section 3 of this Report.
This Remedial Investigation/Remedial Action Plan(RIRAP)has been developed to describe those
response actions that will be undertaken concurrent with the development of the Site,to remediate and
manage contaminated soil,soil vapo•and regulated wastes,and to manage potential future impacts to
underlying contaminated groundwater at the Site.The Site soils are impacted by volatile organic
compounds(VOCs),polycyclic aromatic hydrocarbons(PAHs),characteristic petroleum compounds,and
Resource Conse'-vation and Recovery Act(RCRA)metals.Soil vapor at the Site is impacted with VOCs,
most notably,trichloroethene(ICE).
This RIRAP provides a summary of the Site history up to the purchase of the property by Fridley Land LLC
A summary of the environmental investigations performed by Braun Intertec Corporation(Braun
Intertec)is included in this report.This RIRAP includes a description and summary of the known soil,
groundwater and soil vapor impacts at the Site,potential risks to human health and the environment by
the known contamination,a description of the planned development and a discussion and description of
the planned response actions for approval by the MPCA
This RiRAP generally follows the new MPCA Guidance Document c•rem4-43 Brownfield Program
Response.Action Plans(July 2013),including the inclusion of a Construction Contingency Plan(CCP)for
• BRAUN
iNTERTEC
XXVI-D-3
112
XXVI-D
Fridley Land LLC
Project B711344.02
March 13,2018
Page 2
responding to unexpected environmental conditions on the Site,which due to the long industrial history
of this Site,could be required.This RIRAP also includes a description of the work required to properly
implement and manage the response actions.This additional information provides details on managing
the different types of soil at the Site to ensure that the excavation,stockpiling and use of contaminated
soil at the Site are protective of human health and the environment,both in the short term during
construction and for the long term during subsequent Site use.
The proposed development includes the following:
• Removal of select existing exterior Site structures;
• Demolition of current parking areas;
Removal of select past below-ground industrial process utilities including sewers;
• Renovation of the existing commercial/industrial buildings at the Site;
• Construction of heavy-duty drive and truck court areas;
• Construction of light duty parking and drive areas;
• Additions to the permanent storm water conveyance system and construction of a new
storm water pond;and
• Construction of green space areas.
The development will require that the existing grades at the Site be modified.
Fridley Land LLC is requesting approval of this RIRAP and a Certificate of Completion from the MPCA upon
completion of the response actions.
The contact information and project responsibilities for response action construction are
} as follows.
A.1. Project Management Organization
A.1.a. Site Owner
Name: Fridley Land LLC
BRAUN
XXVI-D-4
INTERTEC
113
•
xxvl-D
BRAUN Braun[wtcrtec Corporation Phoma 952.995.2000
11001 Hampshire Avenue S fax: 942 995.2!i2n
r Minneapolis,MN 55438 Web, irauninte neo tom
RTEC
The Scanty You Build On.
April 16,2018 Project 81711344.02
Ms.Shanna Schmitt,PG
Minnesota Pollution Control Agency
520 Lafayette Road North
St.Paul,MN 55155
Re. RAP Addendum No.1
5101 Industrial BLVD NE
Fridley,Minnesota
MPCA PB.Site ION LS0004750
MPCA ViC Project lag BF0000527
Dear Ms.Schmitt:
Braun Intertec Corporation(Braun Intertec)has prepared this Response Action Plan(RAP)Addendum No.
1 for the redevelopment of the industrial facility located at 5101 Industrial BLVD NE,Fndiey,Minnesota
(Site).This RAP Addendum No.1 is for the development which is the subject of the recent Remedial
Investigation Report and Response Action Man,5101 industrial BLVD NE,Fridley,Minnesota,dated March
13,2018(2018 RIRAP).The RIRAP is pending approval by the Minnesota Pollution Control Agency
(MPCA).
I he objective of this RAP Addendum No.1 is to provide information to further clarify the proposed
Response Actions for the Site in regard to identified environmental impacts and the planned
development.
Proposed Response Actions
The 2018 RIRAP included several response actions pertaining to contaminated soils and soil vapor. The
following items are hereby added to the RIRAP as components of the proposed Response Actions.
• Renovation of the existing commercial/industrial buildings at the Site to allow for the Vapor
Mitigation construction;
• Construction of heavy-duty drive and truck courtpavements as engineered barriers for
contaminated soil;
• Construction of light duty parking and drive pavements as engineered barriers for contaminated
soil;
• Additions to the permanent storm water conveyance system and construction of a new
storm water pond to prevent storm water Infiltration through contaminated soil;
• Construction of green space areas by removal of contaminated soil;and
• Modification of the existing grades at the Site through excavation and placement of
contaminated soil.
XXV1-D-5
114
XXVi-D
RAP Addendum No.1
5101 Industrial BLVD NE
Project 6171134.02
April 16,2018
Page 2
Additional information for each of these items is is provided below
Renovation of the existing commercial/industrial buildings at the Site
Portions of the building require vapor mitigation.A sub-slab vapor mitigation system will be installed to
address and mitigate those portions of the building with sub-slab vapor concentrations greater than 33X
the industrial intrusion values(ISVs).As part of the planned vapor mitigation system installation,interior
demolition and renovation will occur to facilitate system installation.
Construction of heavy-duty drive and truck court pavements and fight duty parking and drive
pavements
There are contaminated soils onsite,most of these soils will be used onsite beneath the planned
heavy-duty drive,truck court areas,and light duty parking and drive areas as defined in the 2018 RIRAP.
Additions to the permanent storm water conveyance system and construction of a new
storm water pond
Construction of the planned storm water conveyance system and new storm water pond will require the
removal and management of contaminated soils in order to create these water conveyance features,The
contaminated soils will be removed from these areas and managed onsite,or sent off-site for proper
disposal,as described in the Soil Management Plan included as Section H of the 20118 RIRAP.
Construction of green space areas •
Construction of planned greenspace areas will require the removal and management of contaminated
soils in order to create the green spaces.The contaminated soils will be removed from these areas and
managed on-Site,or sent off-site for proper disposal,as described in the Soil Management Plan included
as Section H of the 20118 RIRAP.
Modification of the existing grades at the Site.
As described in the 2018 RIRAP,there are contaminated soils that need to be managed during the
planned development.The excavation and management of these soils will require the existing grades at
the site to be modified.All soils disturbed during the development wi l be handled and managed as
described in the Soil Management Plan included as Section H of the 20118 RIRAP.
We trust that this Addendum No.1 provides some clarification to the 2018 RIRAP proposed remedial
actions for the regulated soil and soil vapor impacts.
6RtiJH
XXVI-D-6
115
xXVI-D
RAP Addendum No.1
5101 Industrial BLVD NE
Project 8171134.02
April 16,2018
Page 3
If you have any questions regarding this addendum,please call Chris Thompson at 952.995.2446.
Sincerely,
BRAUN INTERTEC CORPORATION
Mark D.Keefer,PG / t.hrisaopher F.Thompson,PE
Senior Scientist l Vice President&Principal Engineer
cc: Paul Hyde,Fridley Land,LLC
•
XXVI-D-7
116
EXHIBIT XXVI•E
ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTRICT NO.24
IMPACT ON TAX BASE
ORIGINAL ESTIMATED CAPTURED DISTRICT
TAX TAX TAX TAX AS%
ENTITY BASE CAPACITY CAPACITY CAPACITY OF TOTAL
City of Fridley 30,108,171 133,284 210,000 76,716 0.255%
County of Anoka 367.389.894 133,284 210.000 76.716 0.021%
ISD#13 22,932 017 133,284 210,000 76,716 0.335%
IMPACT ON TAX RATE'
TAX %OF TAX TAX RATE
ENTITY RATE TOTAL INCREMENT INCREASE
City of Fridley 0.47907 40.60% 36,752 0.122%
County of Anoka 0.35334 29.95% 27,107 0.007%
ISO#13 0.27900 23.65% 21,404 0.094%
Other 0.06843 5.80% 5250
1.17984 100.01% 90,513
'Assumes construction would have occurred without the creation of a Tax increment Financing
District. If construction is a result of Tax Increment Financing,the impact is$0.
XXVI-E-1
117
EXHIBIT I-C
TIF#24
Cumultive
Modified
TIF Plan
Budget
ESTIMATED TAX INCREMENT REVENUES
(from tax increment generated by the district)
Tax increment revenues distributed from the county $ 3,274,000
Interest and investment earnings 33,000
Sales/lease proceeds
Market value homestead credit
^
Total Estimated Tax Increment Revenues $ 3,307,000
ESTIMATED PROJECTIFINANCING COSTS
(to be paid or financed with tax increment)
Project Costs
Landlbuildng acquisition
Site improvements/preparation costs 1,439,600
Utilities
Other qualifying improvements
Construction o!affordable housing
Small city authorized costs,if not already included above
Administrative costs 327,400
Estimated Tax Increment Project Costs $ 1,767,000
Estimated Financing Costs
Interest expense 1.540,000
Total Estimated Project/Financing Costs to be Paid From TI $ 3,307,000
0
ESTIMATED FINANCING
Total amount of bonds to be issued 1,800,000
TIF Budgets-Fridley 2018.xIsx 1 -C-19
4811-2936-0485,v. 1
118
C AGENDA ITEM
On f CITY COUNCIL MEETING
Fridley
JUNE 11, 2018
Date: June 8, 2018
To: Wally Wysopal, City Manage ,y'
From: Paul Bolin, Asst. Executive HRA Director
Subject: Resolution Creating TIF District#24— Northern Stacks VIII
Hyde Development has requested the Authority's assistance to clean up
contaminated soils, for what will be known as Northern Stacks VIII. This is the
building located at 5101 Industrial Boulevard, adjacent to Northern Stacks.
� . , — J)
asibirliir,
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n
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-40 I
t
Staff recommends Council adopt the attached resolution modifying the
redevelopment plan for Redevelopment Project#1 and the TIF Plans for Districts
#6, 9, 11-13 and 17-23 to reflect increased project costs and increased bonding
authority within Redevelopment Project#1, creating TIF District#24 and adopting
the TIF Plan for District#24.
119
RESOLUTION NO. 2018-
A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN
FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX
INCREMENT FINANCING PLANS FOR TAX INCREMENT
FINANCING DISTRICTS NOS. 6, 9, 11-13 AND 17-23 TO
REFLECT INCREASED PROJECT COSTS AND INCREASED
BONDING AUTHORITY WITHIN REDEVELOPMENT
PROJECT NO. 1, CREATING TAX INCREMENT FINANCING
DISTRICT NO. 24 AND ADOPTING A TAX INCREMENT
FINANCING PLAN RELATING THERETO
BE IT RESOLVED by the City Council (the"Council")of the City of Fridley, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. It has been proposed by the Housing and Redevelopment Authority(the"Authority")
that the Council approve and adopt the proposed modifications to its Redevelopment Plan
for Redevelopment Project No. 1 (the"Project Area") reflecting increased project costs and
increased bonding authority, pursuant to and in accordance with Minnesota Statutes,
Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time.
1.02. It has been further proposed by the Authority that the Council approve and adopt the
proposed modifications to the Tax Increment Financing Plans (the "Existing Plans")for Tax
Increment Financing Districts Nos. 6, 9, 11-13 and 17-23 (the "Existing Districts") reflecting
increased project costs and increased bonding authority within the Project Area, pursuant to
Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended and
supplemented from time to time.
1.03. It has been further proposed by the Authority that the Council approve the creation of
proposed Tax Increment Financing District No. 24 (the "Proposed District") and adopt the
proposed Tax Increment Financing Plan (the "Proposed Plan") relating thereto, pursuant to
and in accordance with Minnesota Statutes. Section 469.174 to 469.1799, inclusive, as
amended and supplemented from time to time.
1.04. The Authority has caused to be prepared, and this Council has investigated the facts
with respect thereto, a modified Redevelopment Plan for the Project Area and modified
Existing Plans for the Existing Districts reflecting increased project costs and increased
bonding authority within the Project Area and the Proposed Plan for the Proposed District,
defining more precisely the property to be included, the public costs to be incurred, and
other matters relating thereto.
1.05. The Council has performed all actions required by law to be performed prior to the
approval and adoption of the modifications to the Redevelopment Plan and Existing Plans
and the approval and adoption of the Proposed Plan.
120
Resolution No. 2018 - Page 2
1.06. The Council hereby determines that it is necessary and in the best interests of the
City and the Authority at this time to approve and adopt the modifications to the
Redevelopment Plan and Existing Plans reflecting increased project costs and increased
bonding authority within the Project Area, to create the Proposed District and to approve
and adopt the Proposed Plan relating thereto.
Section 2. General Findings.
2.01. The Council hereby finds, determines and declares that the assistance to be
provided through the adoption and implementation of the modified Redevelopment Plan,
modified Existing Plans and the Proposed Plan (collectively, the"Plans") are necessary to
assure the development and redevelopment of the Project Area.
2.02. The Council hereby finds, determines and declares that the Plans conform to the
general plan for the development and redevelopment of the City as a whole in that they are
consistent with the City's comprehensive plan.
2.03. The Council hereby finds, determines and declares that the Plans afford maximum
opportunity consistent with the sound needs of the City as a whole for the development
and redevelopment of the Project Area by private enterprise and it is contemplated that the
development and redevelopment thereof will be carried out pursuant to redevelopment
contracts with private developers.
2.04. The Council hereby finds, determines and declares that the modification, approval
and adoption of the Plans is intended and, in the judgment of this Council, its effect will be
to promote the purposes and objectives specified in this Section 2 and otherwise promote
certain public purposes and accomplish certain objectives as specified in the Plans.
2.05. The Council hereby finds, determines and declares that the City made the above
findings stated in this Section 2 and has set forth the reasons and supporting facts for each
determination in the Plans and Exhibit A to this Resolution.
Section 3. Specific Findings for the Proposed District.
3.01. The Council hereby finds, determines and declares that the Proposed District
constitutes a "tax increment financing district" as defined in Minnesota Statutes, Section
469.174, Subd. 9, and further constitutes a"soils condition district"as defined in Minnesota
Statutes, Section 469.174, Subd. 19.
3.02. The Council hereby finds, determines and declares that the proposed development
or redevelopment in the Proposed District, in the opinion of this Council, would not
reasonably be expected to occur solely through private investment within the reasonably
foreseeable future and, therefore, the use of tax increment financing is deemed necessary.
121
Resolution No. 2018 - Page 3
3.03. The Council hereby finds, determines and declares that the increased market value
of a project not receiving tax increment assistance would be less than the increased market
value of a project receiving tax increment assistance after deducting the present value of
projected tax increments for the maximum duration of the Proposed District.
3.04. The Council hereby finds, determines and declares that the expenditure of tax
increment within the Proposed District serves primarily a public purpose.
3.05. The Council hereby finds, determines and declares that the City made the above
findings stated in this Section 2 and has set forth the reasons and supporting facts for each
determination in the Plans and Exhibit B to this Resolution.
Section 4. Approvals and Adoptions.
4.01. The modifications to the Redevelopment Plan reflecting increased project costs and
increased bonding authority within the Project Area are hereby approved and adopted by
the Council of the City.
4.02. The modifications to the Existing Plans reflecting increased project costs and
increased bonding authority within the Project Area are hereby approved and adopted by
the Council of the City.
4.03. The creation of the Proposed District within the Project Area and the adoption of the
Proposed Plan relating thereto are hereby approved by the Council of the City.
Section 5. Filing of Plans.
5.01. Upon its approval and adoption of the.Plans, the City shall request the Authority to
cause said Plans to be filed with the Minnesota Department of Revenue, the Office of the
State Auditor and Anoka County.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF
, 2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
122
Resolution No. 2018 - Page 4
CERTIFICATION
I, Debra Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota,
hereby certify that the foregoing is a true and correct copy of Resolution No. 2018-
passed by the City Council on the day of , 2018.
DEBRA SKOGEN - CITY CLERK
123
Resolution No. 2018 - Page 5
EXHIBIT A
GENERAL FINDINGS
The reasons and facts supporting the findings for the modification of the Plans for the
Project Area, Existing Districts and Proposed District pursuant to Minnesota Statutes,
Section 469.175, Subdivision 3, are as follows:
1. Finding that the assistance to be provided through the adoption and
implementation of the Plans is necessary to assure the development and
redevelopment of the Project Area.
The tax increment assistance resulting from the implementation of the Plans is necessary
for the proposed project to proceed. Please refer to Exhibit XXVI-D of the Proposed Plan.
2. Finding that the Plans conform to the general plan for the development and
redevelopment of the City as a whole in that they are consistent with the City's
Comprehensive Plan.
The Council has reviewed the Plans and has determined that they are consistent with the
City's comprehensive plan.
3. Finding that the Plans afford maximum opportunity,consistent with the sound
needs of the City as a whole, for the development and redevelopment of the Project
Area by private enterprise, and it is contemplated that the development or
redevelopment thereof will be carried out pursuant to development contracts with
private developers.
Please refer to the attached Exhibit B for specific information relating to the Proposed
District.
4. Finding that the approval and adoption of the Plans is intended and, in the
judgment of this Council, its effect will be to promote the public purposes and
accomplish the objectives specified in the Plans.
The tax increment that will be generated due to the approval and adoption of the Plans will
assist in financing the public improvements and eligible expenses as detailed in the Plans.
124
Resolution No. 2018 - Page 6
EXHIBIT B
SPECIFIC FINDINGS FOR THE PROPOSED DISTRICT
In addition to the findings included in Exhibit A, the reasons and facts supporting the
additional findings for the Proposed District pursuant to Minnesota Statutes, Section 469.175,
Subdivision 3, are as follows:
1. Finding that the Proposed District is a "soils condition district" as defined in
Minnesota Statutes.
The Proposed District,which is a single parcel of land, is eligible for inclusion in a soils
condition district as provided for in Minnesota Statutes Section 469.174, Subd. 19 (the
"Definition Section") for the following reasons:
1. The parcel size is approximately 508,000 square feet.
2. The costs of the cleanup, including preparation of the development action
response plan ("DARP") and the allocable administrative expenses of the
Authority, exceed as allowed by Minn. Stat. Section 469.176, Subd. 4b,
exceed $1,600,000 (the "Eligible Costs").
3. The Definition Section provides for inclusion of the parcel if the Eligible
Expenses exceed 2.00/square feet for the area of the parcel.
4. $1,600,000 (Eligible Expenses) is greater than 1,016,000 (508,000 (parcel
size) x 2).
The Eligible Costs to implement the DARP or response action plan,will include the following:
• Renovation of the existing commercial/industrial buildings at the Site to allow
for the Vapor Mitigation construction;
• Construction of heavy-duty drive and truck court pavements as engineered
barriers for contaminated soil;
• Construction of light duty parking and drive pavements as engineered barriers
for contaminated soil;
• Additions to the permanent storm water conveyance system and construction
of a new storm water pond to prevent storm water infiltration through
contaminated soil;
• Construction of green space areas by removal of contaminated soil; and
• Modification of the existing grades at the Site through excavation and
placement of contaminated soil.
Additional information may be obtained from reports on file with the assistant executive
director of the Authority.
125
Resolution No. 2018 - Page 7
2. Finding that the proposed development or redevelopment, in the opinion of
the, Council, would not reasonably be expected to occur solely through private
investment within the reasonably foreseeable future and, therefore, the use of tax
increment financing is deemed necessary.
Activities proposed to occur in the Proposed District include the following:
Environmental Activities:
• Remediation of site soils impacted with volatile organic compounds,
polycyclic aromatic hydrocarbons and Resource Conservation and Recovery
Act metals and construction debris;
• Installation of Vapor Treatment System under the existing building floor; and
• Construction of new green spaces and utility corridors by removing
contaminated soil.
Redevelopment Activities:
• Relocate semi trailer storage area against the west building façade;
• Create new storm water pond on SW corner of site (currently semi trailer
storage);
• Paint building Stacks gray;
• Add Architectural elements to building to match it to Northern Stacks' design
(See attached elevations);
• Remove old Roof top unit;
• Demolish former 2-story office;
• Rebuild existing parking lots and truck courts;
• Improve interior floor slabs in areas that have been damaged;
• Upgrade sprinkler system to ESFR; and
• Replace roof.
Upon completion of the above activities, it is anticipated that the City's tax base will
increase by approximately $3.8M.
City and HRA staff have reviewed the estimated development costs and the available
methods of financing and have determined that tax increment assistance is necessary to
make the redevelopment project economically feasible and to allow redevelopment to
proceed at this time and in the foreseeable future.
3. Finding that the increased market value of a project not receiving tax
increment financing assistance would be less than the increased market value of a
project receiving tax increment financing assistance after deducting the present
value of the projected tax increments for the maximum duration of the Proposed
District.
126
Resolution No. 2018 - Page 8
The original market value of the Proposed District is approximately$6,700,000. City staff
has determined that without tax increment assistance this parcel would not be remediated or
the building renovated so there would be minimal, if any, increase in market value.
City staff has further determined that with tax increment assistance it is possible to remediate
the site and renovate the existing building to generate an estimated market value of
approximately $10.5 million. After deducting the original market value of$6.7 million from
the estimated market value of $10.5 million, City staff has further determined that the
increased market value that could reasonably be expected to occur from a project receiving
tax increment assistance would be approximately $3.8 million.
City staff has further determined that the total amount of tax increment generated over the 21
year term of the Proposed District approximates$3.3 million. Assuming the same term and
a present value rate of 5.5%, the present value of$3.3 million approximates $1.57 million.
After deducting the present value of the tax increment ($1.57 million) from the increase in
estimated market value occurring as a result of utilizing tax increment assistance ($3.8
million), the net increase in estimated market values approximates $2.23 million.
City staff has further determined that the increased market value of the site that could
reasonably be expected to occur without the use of tax increment financing (minimal, if any)
is less than the increased market value of the site occurring with the use of tax increment
financing after subtracting the present value of the projected tax increments for the maximum
duration of the Proposed District($2.23 million). Further information supporting this Finding
is attached as Schedule 1.
4. Finding that expenditure of tax increment serves a primarily public purpose.
The expenditure of tax increment is not intended as a private benefit and any such benefit
is incidental. Public benefits resulting from the proposed project include (i) an increase in
the State and City tax bases, (ii)the acquisition and renovation of property which is not now
in its highest or best use, and (iii) remediation of contaminated property.
127
Resolution No. 2018 - Page 9
SCHEDULE 1 TO EXHIBIT B — NUMERICAL "BUT FOR"
ESTIMATED MARKET VALUE INCREASE FOR A DEVELOPMENT PROJECT
WITHOUT TIF ASSISTANCE
Without tax increment assistance the parcel would not be remediated or the existing
building renovated so minimal, if any increase in market value is anticipated.
Estimated Market Value $ 0.00 million
Original Market Value $ 6.70 million
Increased Market Value $ 0.00 million
ESTIMATED MARKET VALUE INCREASE FOR A DEVELOPMENT PROJECT
WITH TIF ASSISTANCE
With tax increment assistance it is proposed that the site would be remediated and the
building renovated.
Estimated Market Value $ 10.50 million
Original Market Value $ 6.70 million
Increased Market Value $ 3.80 million
Less: Present Value of the Tax Increment
generated at 5.5% for the duration
of the Proposed District $ 1.57 million
Net Increased Market Value $ 2.23 million
4851-4719-9333,v. 1
128
r
AGENDA ITEM
G�'°f CITY COUNCIL MEETING OF
Fridley
JUNE 11 , 2018
Date: June 6, 2018
To: Walter T. Wysopal, City Manager hid
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Preliminary Plat Request, PS#18-03 for Cornerstone Private Asset Trust Co., LLC
REQUEST
The petitioner, Gary Valley, with Cornerstone Private Asset Trust Company, who is the owner of the
property at 6663 Lucia Lane, is requesting a preliminary plat to allow the subdivision of one large single
family lot to create three single family lots.
�sarxvay.was s�.�w aa.+7.r.7a,�H
w I
I R " i 1
Fridley requires that lots in the R-1 district be a minimum ,
of 75' in width with a minimum total lot area of 9,000 ,rru , 4 r
3, 4
square feet. The existing lot is 81,515 sq. ft. in size. 1 °` - _ Eitil ; F,
After the replat, proposed Lot #1 (yellow), which isd.
where the existing house and garage are located, will be 1 4efifr,,,,,,,,i,-,,-,4,,t,,,,,,,,,,,,I, ,
30,950 s . ft. in size and 75 ft. wide. Proposed Lot #2 " , -# ' ;i*,
(blue), which is where the older garage is located, will be
10,540 sq. ft. in size and 75 ft. wide. Lot #3 (green) will ti;r .. . a
be 40,000 sq.ft. in size and 144 ft.wide. a� t r-
�''" ! LOT i ? ,
11`si1 .. ..'-•••••
`N I
PLANNING COMMISSION RECOMMENDATION 'Lis - " '
4 ji
A public hearing notice before the Planning Commission , ' - . -. . . ,.
was published in the Fridley Sun Focus Newspaper on I ;;1 1
May 4, 2018. ;.
At the May 16, 2018 Planning Commission meeting,a ;P ... °
public hearing was held for PS#18-03. The Planning Commission received (2) letters from neighboring
property owners who expressed that they didn't have a problem with the plat request, but had
continued concerns related to traffic on Lucia Lane related to the Islamic University. Since the
subdivision request does meet the minimum standards to create new single family lots and isn't the
impetus to the neighbors'concerns, staff and the Commission noted to the neighbors present at the
meeting that staff will continue to work with the Islamic University and the neighbors to find a solution
to their traffic concerns.
129
The Planning Commission then recommended approval of PS#18-03. THE MOTION CARRIED
UNANIMOUSLY.
UPDATE SINCE THE PLANNING COMMISSION MEETING
As a result of traffic concerns for the Lucia Lane neighborhood, the City has held meetings with the
neighbors and the Islamic University to try to find a solution to remedy the issue. In January the Islamic
University contracted with the City's Police Department to hire a Police Officer to help manage traffic
and parking on their Friday service days. They've also hired them during Ramadan which runs from May
15—June 14.
The Public Safety Director and Community Development staff held a meeting with members of the
Islamic University this week, and on advice from the Public Works Director, the City would like to offer
the following modifications that will be implemented on Lucia Lane on a trial basis. The modifications
will be as follows (please see attached illustrations by Jim Kosluchar):
1. Install a speed limit sign along Lucia Lane.
2. Install a curb extender on the corner of 68th Place and Lucia Lane to prevent motorists from
going southbound on Lucia Lane from 68th Place and the Hwy 65 Service Drive.
3. Install a speed hump or two along Lucia Lane to slow the overall traffic through the
neighborhood.
The goal of the City is to make this stretch of roadway safe for everyone. Staff will monitor the effects of
the above listed street modifications within the coming months and pursue a permanent solution as
deemed necessary.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission and that the Council approve the
Preliminary Plat for PS#18-03.
130
City of Fridley Land Use Application
PS#18-03 May 16, 2018
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: SUMMARY OF REQUEST
Cornerstone Private Asset Trust Co., LLC The petitioner, Gary Valley,with Cornerstone
Gary Valley Private Asset Trust Company, who is the owner of
3 Capaul Woods Court the property at 6663 Lucia Lane, is requesting a
St. Paul MN 55127 preliminary plat to subdivide one large single family
Requested Action: lot into three single family lots.
Plat SUMMARY OF ANALYSIS
Purpose: City Staff recommends approval of this plat request.
To create 3 single family lots • Lots exceed minimum size requirements
Location: CITY COUNCIL ACTION/60 DAY DATE
6663 Lucia Lane NE City Council—June 11, 2018
Existing Zoning: 60 Day Date—June 11, 2018
R-1, Single Family
_.
'
Size: -. ..
4 •
81,515 sq. ft. 1.87 acres j
Existing Land Use: ; r {'I
Single Family Home
Surrounding Land Use &Zoning: '-
N: Single Family& R-3 .
E: Single Family& R-1 .. N a ,-� - 6" : :.•
S: Single Family& R 1T ' -
W: Multi-Family& R-3 5 6663
Comprehensive Plan Conformance:
Future Land Use Map designation is Single
Family i ,.
Zoning Ordinance Conformance:
Section 205.07 requires a minimum lot size ,
of 9,000 sq.ft. and a minimum lot width of , d �
75 feet
Zoning History: f
Detached garage built prior to 1949 ' Y.,
1951—House is constructed
1953—Plat is filed
1955—Garage is constructed Aerial of Property
1979—House addition Staff Report Prepared by: Stacy Stromberg
Legal Description of Property:
Lot 5 and 5-E,Second Revision of Auditor's
Subdivision No. 21
Public Utilities:
Current home is connected and utilities are
available in the street for new homes
Physical Characteristics:
Large single family lot,with mature trees
131
Land Use Application
Plat #18-03
REQUEST
The petitioner, Gary Valley,with Cornerstone Private Asset Trust Company,who is the owner of the
property at 6663 Lucia Lane, is requesting a preliminary plat to allow the subdivision of one large single
family lot to create three single family lots.
ANALYSIS
The subject property is zoned R-1,Single Family as are the properties to the south and the east. The
property to the west is zoned R-3, Multi-family and has an apartment building located on it. The
properties to the north are also zoned R-3, Multi-family and they are occupied with single family homes.
The existing home on the lot was constructed in 1951 and the garage was constructed in 1955. An
addition to the home was constructed in 1979.
There isn't a building permit record for the �; "°� '""" " � 'tw!,�M.�.�_ _� ._.
' r•
existing garage that will be located on Lot 2, so � a' I '` ---'�''!_'�. ^��--; . . }
it is staffs assumption that it was constructed =,�
prior to 1949, which was when the City of
Fridley was incorporated. c j
. tee.
Fridley requires that lots in the R-1 district be a , t.
minimum of 75' in width with a minimum total
lot area of 9,000 square feet. t _ =
The existing lot is 81,515 sq. ft. in size. After the 1,.. 1 ,
ii=
replat, proposed Lot#1 (yellow),which is where i --. a;
the existing house and garage are located,will ; tT,,,, 2 1•
be 30,950 sq.ft. in size and 75 ft.wide. " �!
Proposed Lot#2 (blue),which is where the . .y
older garage is located will be 10,540 sq.ft. in :w --
size
size and 75 ft. wide. Lot#3 (green)will be !Zia,
40,000 sq. ft. in size and 144 ft. wide. P00,
The petitioner notes that the reason Lot#3 is so at N; _� -�• •
large is because they want to keep it as close as
;
they can to allow connection to the sanitary sewer in the street. The reason that Lot#2 has a jog to it is
to ensure it has the 75 ft. of width that is required and to also make sure the existing garage on Lot#2
will meet the 5 ft. setback requirement for an accessory structure.
STAFF RECOMMENDATION
City Staff recommends approval of this preliminary plat request.
• Lots exceed minimum size requirements
STIPULATIONS
City staff recommends the following stipulations if the preliminary plat is approved.
1. All necessary permits shall be obtained prior to construction of new homes, including but not
limited to building, driveway, land alteration.
2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any
building permits, in order to minimize impacts to the surrounding properties.
3. Any requirements set forth by the Rice Creek Watershed district shall be met.
132
4. Property owner, at time of building permit application,shall provide proof that any existing wells
or individual sewage treatment systems located on the site are properly capped or removed.
5. Property owner at time, of building permit application for the construction of the single family
homes,shall pay all water and sewer connection fees.
6. Property owner, at time of building permit application for the construction of each new single
family home,shall pay$1,500.00 required park dedication fee per lot. (2 new lots=$3,000.00
park dedication fees to be paid)
7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to
be removed for the proposed homes shall be marked and approved by City staff prior to issuance
of building permits.
8. The new house on Lot#2 needs to be constructed within 36 months of final plat approval or the
existing garage needs to be removed.
133
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137
Stromberg, Stacy
From: Alina Cramble <Alina.Cramble@pohladcompanies,com>
Sent: Wednesday, May 16, 2018 2:51 PM
To: Stromberg, Stacy
Subject: Case:Plat, PS#18-03
Members of the Planning Committee—
I am writing today in reference to Case: Plat, PS#18-03 regarding the proposed subdivision of one single family lot to
create 3 single family lots. We live adjacent to the parcel in question on the south side. From a business side, I can
understand that there are advantages for all parties involved. My main concern for the subdivision relates to
traffic. We,as Lucia Lane residents,have brought to the city's attention our concern relating to traffic dating back to
2016. The city has considered ways to improve traffic,but has still failed to implement a solution. To my knowledge,
the only action taken has been to obtain data by placing a speed limit sign up in our yard for a temporary time. We were
never provided the results of the data gathered or a plan for improvement.
The mosque at the end of our street has made efforts to engage the residents of Lucia Lane and works towards a
common goal of reducing traffic,which we appreciate. They've hired a police officer each Friday to patrol the street and
address any illegal proceedings by those traveling our street. There are numerous tickets issued each Friday, but yet the
City still has not made any changes to the street or addressed the traffic concerns. A 2017 comprehensive plan survey
conducted by the city shows that residents polled felt Lucia Lane was not a safe place to be. That is concerning as a
resident!
My husband has been a resident of Fridley dating back to 1985 and I moved to the city in 2003. This is the second home
we've owned in Fridley and we like raising our children within the community. Lucia Lane is a great street with
wonderful residents. We will gladly welcome new residents,but we would also really appreciate the city's cooperation
in maintaining safe streets for our children to be able to run around and be children! Lucia Lane currently has 19
children aged 12 and under(not including the apartments)and our concerns for traffic and the safety of our children are
valid.
With the proposed addition of even more homes,you're adding even more traffic to the street and the city has failed to
address the existing concerns. I would hope that if you choose to approve the proposed subdivision as is,you also
commit to addressing the traffic issues as well.
Thanks for your time and consideration.
Alina Cramble
6645 Lucia Ln
1
138
Fridley Planning Commission
Attn:Stacy Stromberg,Planner
May 16,2018
Re: Public Hearing Notice for Plat, PS#18-03
To whom it may concern,
This letter is in regards to the recent consideration to subdivide 6663 Lucia Ln into three new single
family lots.As a home owner in this neighborhood,.I find it encouraging to see planned growth and the
potential to add single family homes to our block.This not only can help strengthen our neighborhood,
but can also bring financial additions to the City of Fridley and increase property value. It's a win-win.
With that being said,I have two concerns that need to be addressed.The first is an inquiry about the
zoning classification.No specific zoning assignment was shared on the public notice.I would prefer to
see these subdivisions remain in line with the current R1 zoning classification and that only single family
dwellings are built on these sites.Please clarify for the public the proposed zoning assignment with this
plat.
Second,I must bring up our neighborhoods deep and publicly shared concerns about traffic patterns on
our street.This plat ends at a curve in the street.Any new subdivisions would have to have some sort of
entry access devised.The corner of this plat is a bottleneck for excessive traffic for the R2 plat
(apartment building)and the R3 plats(school).Current design and usage of our neighborhood street will
increase the risk of accidents and damage.
There has been extensive concerns shared with the city about our particular block's traffic patterns.
Please see public records such as the following for record of the issues.To this point, nothing permanent
has been done by the city to alleviate our neighborhood's concerns.This subdivision will exacerbate
concerns and add additional property owners in the mix.
• Petition for permanent speed limit sign:April 25,2016
o http://www.springbrooknaturecenter.org/AgendaCenter ewfile/Minutes/04252016-
92
• Lucia Ln Traffic concerns—City Council Nov 27th agenda
• 2017 Fridley community survey results
o .c`s:frsrlley n ustt)oc mentCenter,V!ew/46� IS rvei-results- neral
• MNDot daily traffic counts in the area
o Central Ave=30,000-30,500 per day
o Mississippi St-4600 per day
o Nothing available on Lucia In specifically.If there isn't already a traffic count study done
based on feedback the city has already received from our various reports,traffic tickets,
petitions,etc.,then this is 100%necessary to in order to comprehensively understand
the traffic impacts on this street compared to other R1,zoned areas.
• 2016 MnDOT Noise abatement Study
139
o h t't s.3t�rawot.statefixr)u enyitn me nttn sse/edit/201E-h very-nu€se-aE ate Ymerit
stu xany:-.
o See page 64.Our street was determined not cost effective,but the traffic certainly has
MnDOT's attention.
I recommend the city review police citations on record for this street over the past few years to better
analyze what is happening on a regular basis on Lucia Ln.We not only deal with R2 and R3 traffic
patterns in a residential area,but we also are suffering from the impact of the cross over close by
MriDOT across Central Ave.Add rush hour bypass traffic from those avoiding the light at Mississippi St
and we have potential for disaster.
The city needs to not only review this subdivision proposal,but also take this as an opportunity to
improve the safety of our street and residents.There are currently 18 children between 4-11 years old
living on this block,not including children currently living at the apartment building across from this plat
in question.Our street has no sidewalks,no permanent speed limit sign,no speed bumps,and are taxing
the needs of police officers from having to constantly monitor our street various times throughout the
week.Please consider our needs and safety for the long term and growth of our neighborhood.
Thank you.
Stacy Nealy
6610 Lucia Ln NE
Fridley,MN 55432
612-250-2372
140
AGENDA ITEM
CITY COUNCIL MEETING OF
111111,
J ``�°'
FrRfle)y
JUNE 11, 2018
Date: June 6,2018
To: Walter T. Wysopal, City Manage'6 ..
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Final Plat, PS#18-02, Pulte Homes
ANALYSIS
The Council will recall on April 9, 2018, Pulte Homes received preliminary plat approval for Locke Pointe,
which will create twenty-seven new lots and three outlots. Twenty-six of those lots will be used for new
single family villa homes and the 27th lot is where the City's water treatment plant is located. The three
outlots will be used for storm water retention,green space and the re-located park and open space area.
LOCKE POINTE co r!y 4 r,I1.
xc ?,.T. 30, R. 2'
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RECOMMENDATION
The Planning Commission held a public hearing and approved the preliminary plat for PS#18-02 on March
21,2018.
City staff recommends approval of final plat, PS#18-02, and the attached resolution.
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RESOLUTION NO. 2018 -
RESOLUTION APPROVING FINAL PLAT,P.S. #18-02 BY PULTE HOMES,ON
BEHALF OF THE PROPERTY OWNER,THE CITY'S HOUSING AND
REDEVELOPMENT AUTHORITY,TO ALLOW THE CONSTRUCTION OF VILLA
HOMES ON THE PROPERTY GENERALLY LOCATED AT 6911 UNIVERSITY
AVENUE NE AND PARCEL IDENTIFICATION NUMBER 11-30-24-34-0014
WHEREAS, the Planning Commission held a public hearing on March 21, 2018, and
recommended approval of said plat; and
WHEREAS,the City Council approved the preliminary plat for LOCKE POINTE at their April
9, 2018 meeting; and
WHEREAS, the City Council approved the final plat of LOCKE POINTE at their June 11, 2018
meeting; and
WHEREAS, a copy of the final plat LOCKE POINTE has been attached as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for
LOCKE POINTE and directs the petitioner to record the plat at Anoka County within six months
of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
11TH DAY OF JUNE 2018.
SCOTT LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
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iiley AGENDA ITEM
pCITY COUNCIL MEETING OF
rid
June 11, 2018
TO: Walter Wysopal, City Manager e"../ PW18-041
FROM: Jon Lennander
Scott Hickok, Community Development Director
DATE: June 7, 2018
SUBJECT: Approval of Locke Pointe Development Contract with Pulte Homes
Pulte Homes is preparing to start construction on the Locke Pointe Development within the Fridley
Civic Campus project area. The Locke Pointe project consists of twenty six lots, three roads and
two ponding areas.
Pulte Homes will excavate and grade the site, install all utilities,construct the roads and ponds,and
finally build the new homes. Pulte will turn over the public improvements to the City when the
conditions of the Development Contract have been met. The Development Contract defines the
conditions for Pulte in terms of financial responsibility and security, construction obligation and
oversight, and schedule.
In this case, Pulte Homes will be responsible for all work with oversight by the City. Approval of the
Development Contract is required for Pulte to begin construction and build the proposed homes.
Construction of the Locke Pointe project will be completed in coordination with the Locke Parkway
project.
Staff recommends the City Council move to approve the attached Development Contract for
Locke Point project with Pulte Homes. If the Council approves,staff will notify the Developer of
the approval.
Attachment
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DEVELOPMENT CONTRACT
(Developer Installed Improvements)
LOCKE PARK
AGREEMENT dated , 2018, by and between the CITY OF
FRIDLEY, a Minnesota municipal corporation ("City"), and PULTE HOMES OF
MINNESOTA, LLC, a Minnesota limited liability company(the"Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a
plat for LOCKE PARK (referred to in this contract as the "plat"). The land is
situated in the County of Anoka, State of Minnesota, and is legally described as Outlot
E and F, LOCKE PARK POINTE according to the recorded plat thereof, Anoka
County, Minnesota.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on
condition that the Developer enter into this contract, furnish the security required by it,
and record the plat with the county recorder or registrar of titles within 180 days after
the City Council approves the final plat.
3. RIGHT TO PROCEED. Unless separate written approval has been given by the
City, within the plat or land to be platted, the Developer may not grade or otherwise
disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the following conditions
have been satisfied: 1) this agreement has been fully executed by both parties and
filed with the city clerk, 2) the necessary security has been received by the City, and 3)
the plat has been recorded with the Anoka County Recorder's Office. Preliminary
grading may be started prior to recording the Development Contract with an approved
Land Alteration Permit
4. CHANGES IN OFFICIAL CONTROLS. For two years from the date of this contract,
no amendments to the City's comprehensive plan or official controls shall apply to or
affect the use, development density, lot size, lot layout or dedications of the approved
final plat unless required by state or federal law or agreed to in writing by the City and
the Developer. Thereafter, notwithstanding anything in this contract to the contrary, to
the full extent permitted by state law, the City may require compliance with any
amendments to the City's comprehensive plan, official controls, platting or dedication
requirements enacted after the date of this contract.
5. DEVELOPMENT PLANS. The plat shall be developed 'in accordance with the
following plans. The plans shall not be attached to this contract. If the plans vary
from the written terms of this contract,the written terms shall control. The plans are:
Plan A -Plat
Plan B -Final Grading,Drainage and Erosion Control Plan
Plan C—Storm Water Pollution Prevention Plan SWPPP
Plan D-Plans and Specifications for Public Improvements
Plan E- Street Lighting Plan
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Plan F-Landscape Plan
Plan G-Permanent Traffic Control Plan
6. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Streets
B. Sanitary Sewer
C. Watermain
D. Surface Water Facilities(pipe,ponds,rain gardens,etc.)
E. Grading and Erosion Control
F. Sidewalks/Trails
G. Street Lighting
H. Underground Utilities
I. Street Signs and Traffic Control Signs
J. Landscaping Plan
K. Monuments Required by Minnesota Statutes
L. Miscellaneous Facilities, if any
The improvements shall be installed in accordance with the City's subdivision regulations
and the City's engineering guidelines/standard detail specifications. The Developer shall
submit plans and specifications which have been prepared by a competent registered
professional engineer to the City for approval by the city engineer or designee. The
Developer shall instruct its engineer to provide full-time field inspection personnel in order
for the Developer's engineer to be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City may, at the
City's discretion and at the Developer's expense, have one or more City inspectors and a
soil engineer inspect the work on a full or part-time basis. The Developer, its contractors
and subcontractors, shall follow all instructions received from the City's inspectors. The
Developer and/or the Developer's engineer shall provide for on-site project management.
The Developer's engineer is responsible for design changes and contract administration
between the Developer and the Developer's contractor. The Developer or his or her
engineer shall schedule a pre-construction meeting at a mutually agreeable time at City
Hall with all parties concerned, including the City staff, to review the program for the
construction work.
All labor and work shall be done and performed in the best and most workmanlike manner
and in strict conformance with the approved plans and specifications. No deviations from
the approved plans and specifications will be permitted unless approved in writing by the
city engineer or designee. The Developer agrees to furnish to the City a list of contractors
being considered for retention by the Developer for the performance of the work required
by the contract. The Developer shall not do any work or furnish any materials not covered
by the plans and specifications and special conditions of this contract, for which
reimbursement is expected from the City, unless such work is first approved in writing by
the city engineer or designee.
7. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall provide to
the City a cash escrow to pay for the costs of administering the development contract.
Administrative costs include but are not limited to preparation of the contract, City
recording fees for documents required as part of the development, monitoring of
construction observation, consultation with the Developer and his/her engineer on status
or problems regarding the project, plan review, coordination for testing, periodic and
final inspections and acceptance, project monitoring and inspections during warranty
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periods, and processing requests for reduction or release of security, for all public
improvements covered by the development contract. The cash escrow deposit shall be
$14,500.00 (calculated at 3% of the estimated cost of proposed public improvements,
as shown in the Summary of Security Requirements). If, at any time prior to completion
of the development contract administration process, the balance in the cash escrow
account is depleted to less than 10% of the originally required cash escrow amount, the
Developer shall deposit additional funds in the cash escrow account as determined by the
City. Any balance remaining in the cash escrow account upon completion of the
development contract administration process shall be returned to the Developer after
all claims and charges thereto have been deducted.
8. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City
Planning Commission members, and corporations, partnerships, and other entities in which
such individuals have greater than a 25% ownership interest or in which they are an officer
or director may not act as contractors or subcontractors for the public improvements
identified in Paragraph 6 above.
9. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, including but not limited to:
• Minnesota Department of Health for watermains
• National Pollutant Discharge Elimination System permits
• Minnesota Pollution Control Agency for sanitary sewer
• Minnesota Department of Natural Resources — groundwater augmentation
(dewatering) and MPCA discharge permit(if appropriate).
• Metropolitan Council Environmental Services for sanitary sewer connections
• Watershed permits
• City of Fridley,building permits
10. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by October 31, 2018, with the exception of the final wear course of asphalt on streets.
Final wear course placement will be allowed in a new housing development only after one
freeze — thaw cycle and after a certificate of occupancy has been issued for 75% of the
dwelling units. An inspection of the roadway will be performed by the city engineer or
designee prior to wear course placement. From this inspection, any deficiencies or damage
to the street, sidewalk and curb will be noted and will need to be corrected prior to the
placement of the wear course.
11. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed
appropriate by the City in conjunction with plat development.
12. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility construction, and street construction is restricted to access to the subdivision via
the existing East University Avenue Service Road. No construction traffic is permitted on
other adjacent local streets, except as approved by the Fridley Engineering Department.
13. CONSTRUCTION PARKING/STAGING. Construction parking and staging shall occur
within the development.
14. GRADING PLAN. The plat shall be graded in accordance with the approved Grading,
Drainage and Erosion Control Plan (Plan B). The plan shall conform to City of Fridley
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standards.
The Developer shall have responsibility for site grading through completion of the project
including sod,trees and required landscaping and shall include a warranty period.
Within 30 days after completion of the grading, the Developer shall provide the City with a
"record" grading plan certified by a registered land surveyor or engineer indicating that all
ponds, swales, and ditches have been constructed on public easements or land owned by
the City. The "record" plan shall contain site grades and field verified elevations of the
following: a) cross sections of ponds; b) location and elevations along all swales,
emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and
dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top
and bottom of retaining walls.
All lots with house placed s on fill must be
monitored and constructed to meet or
exceed FHA/HUD 79G specifications. The Developer must certify that this has been done
correctly.
Prior to City acceptance of the grading improvements and a full release of financial
sureties, the Developer shall provide the City with final "record" plans, in accordance with
the City's most recent Engineering Guidelines and the Developer shall verify that all final
grades,after house construction and final lot grading,meet the approved grading plan.
15. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan
(Plan B)and SWPPP shall be implemented by the Developer and inspected and approved
by the City. Erosion control practices must comply with the Minnesota Pollution Control
Agency's best management practices. The City may impose additional erosion control
requirements if they would be beneficial. All areas disturbed by the excavation and
backfilling operations shall be reseeded within 7 days after the completion of the work
or in an area that is inactive for up to 7 days unless authorized and approved by the city
engineer in writing. Except as otherwise provided in the erosion control plan, seed shall
be in accordance with the City's current seeding standards. All seeded areas shall be
fertilized, mulched, and disc- anchored as necessary for seed retention. The parties
recognize that time is of the essence in controlling erosion. If the Developer does not
comply with the erosion control plan and schedule or supplementary instructions received
from the City, the City may take such action as it deems appropriate to control erosion
at the Developer's expense. The City will endeavor to notify the Developer in advance of
any proposed action, but failure of the City to do so will not affect the Developer's and
City's rights or obligations hereunder. If the Developer does not reimburse the City for
any cost the City incurred for such work within ten days, the City may draw down the
security to pay any costs. No development,utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved
erosion control plan.
16. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be
responsible for all street maintenance until the streets are accepted by the City. Warning
signs shall be placed when hazards develop in streets to prevent the public from traveling
on same and to direct attention to detours. If and when streets become impassable, such
streets shall be barricaded and closed. In the event residences are occupied prior to
completing streets, the Developer shall maintain a smooth surface and provide proper
surface drainage to ensure that the streets are passable to traffic and emergency vehicles.
The Developer shall be responsible for keeping streets within and without the subdivision
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swept clean of dirt and debris that may spill, track, or wash onto the street from the
Developer's operation. The Developer may request, in writing, that the City keep the
streets open during the winter months by plowing snow from the streets prior to final
acceptance of said streets if all of the following conditions are meet and verified by the
City by October 1St.
• The street has concrete curb and is paved with first lift of asphalt.
• At least one house on the street is occupied.
• All the manholes and valve boxes (iron) is set below the paved surface so not to
cause damage to the snow removal equipment.
If any one of these conditions is not met by October 1St snow removal for the entire
season will be the responsibility of the developer. If the conditions are not met, the
developer shall be responsible for plowing all streets within the development in
accordance with the City's Snow Removal Policy and shall be completed within 12 hours
after snowfall has ended. If the Developer does not comply with the policy or if the
streets are not plowed within the specified time, the City will plow the streets and bill the
Developer plus a penalty of$500 each time the City plows the streets. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten days,
the City may draw down the security to pay any costs.
The City shall not be responsible for repairing damage in the development because of
snow plowing operations. Providing snow plowing service does not constitute final
acceptance of the streets by the City. The Developer shall contract for street cleaning
within and immediately adjacent to the development. At a minimum, scraping and
sweeping shall take place on a weekly basis. A copy of this contract shall be approved by
the City before grading is started. The contract shall provide that the City may direct the
contractor to clean the streets and bill the Developer.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this contract, the improvements lying within public easements or right-of-way
shall become City property. Prior to acceptance of the improvements by the City, the
Developer must furnish the following affidavits:
- Contractor's certificate
- Engineer's certificate
- Land surveyor's certificate
- Developer's certificate
The above affidavits shall certify that all construction has been completed in accordance
with the terms of this contract.
Prior to City acceptance of public improvements and a full release of financial sureties, the
Developer shall provide the City with final "record" plans, in accordance with the City's
most recent Engineering Guidelines. Upon City receipt and verification of the affidavits,
and upon receipt of "record" plans acceptable to the City,the city engineer will accept the
completed public improvements.
No more than six months prior to turnover of improvements to a Homeowners Association
(HOA), the developer shall request a final inspection of such improvements. Final
approval of such improvements shall occur prior to HOA turnover. A portion of the
security, as determined by the City Engineer, provided under Section 19 shall not be
released until final approval and proof of transfer from Developer to HOA.
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18. WATERMAIN. This plat is not subject to a trunk watermain special assessment under
Minnesota Statutes Chapter 429.
19. SANITARY SEWER. This plat is not subject to a lateral sanitary sewer special
assessment under Minnesota Statutes Chapter 429.
20. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. With the exception of one model unit, No building permits shall be issued until
the final plat is recorded, the streets (including curb and gutter installation)
needed for access to lots where permits are requested are paved with the first lift
of asphalt, and the sewer and water service utilities are tested and approved by the
city engineer/designee.
B. Prior to issuance of building permits, written certification of the grading for the
block where the building is to be located must be provided to the City.
C. Erosion Control shall be installed and maintained for each lot at the time of
building permit and left in place until the home is occupied or turf completely
established.
D. Breach of the terms of this contract by the Developer, including nonpayment of
billings from the City, shall be grounds for denial of building permits, including
lots sold to third parties, and the halting of all work in the plat.
E. If building permits are issued prior to the acceptance of public improvements, the
Developer assumes all liability and costs resulting in delays in completion of
public improvements and damage to public improvements caused by the City,
Developer, their contractors, subcontractors, materialmen, employees, agents, or
third parties. No sewer and water connection permits may be issued until the
streets needed for access have been paved with a bituminous surface and the
utilities are tested and approved by the city engineer or designee.
21. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall
be installed by the Developer. The signs shall be placed at all intersections or at such
other locations as determined by the city engineer or designee. All street name signs
must be installed prior to final building inspection approval.
The Developer shall install traffic control signs in accordance with the plan approved by
the city engineer and Minnesota Manual of Uniform Traffic Control Devices
(MMUTCD). All signs must be installed prior to final building inspection approval or
earlier if necessary as determined by the city engineer.
22. PARK DEDICATION FEES. The Owner/Developer shall pay a$1500.00 per lot Park
Dedication fee pursuant to the requirements of the City of Fridley contemporaneously with
the execution of this Development Agreement.
23. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein,the Developer shall pay all costs incurred by it
or the City in conjunction with the development of the plat, including but not
limited to legal, planning, engineering and inspection expenses incurred in
connection with approval and acceptance of the plat, the preparation of this
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contract, review of construction plans and documents, and all costs and expenses
incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless
from claims made by itself and third parties for damages sustained or costs incurred
resulting from plat approval and development. The Developer shall indemnify the
City and its officers, employees, and agents for all costs, damages, or expenses
which the City may pay or incur in consequence of such claims, including
attorneys'fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this
contract,including engineering and attorneys'fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this contract. This is a
personal obligation of the Developer and shall continue in full force and effect even
if the Developer sells one or more lots,the entire plat,or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this contract within 30 days after receipt. Bills not paid within 30
days shall accrue interest at the rate of 8%per year.
F. In addition to the charges and special assessments referred to herein, other charges
and special assessments may be imposed such as but not limited to sewer
availability charges ("SAC"), City water connection charges, City sewer connection
charges,and building permit fees.
24. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. The Developer shall post a security for the final placement of all subdivision iron
monuments. The security was calculated as shown in the Summary of Security
Requirements at $100.00 per iron. The security will be held by the City until the
Developer's land surveyor certifies that all irons have been set following site
grading and utility and street construction. In addition, the certificate of survey
must also include a certification that all irons for a specific lot have either been
found or set prior to the issuance of a building permit for that lot.
B. The Developer must obtain a sign permit from the City building official prior to
installation of any subdivision identification signs.
C. The Developer shall supply a complete set of the approved construction plans in an
AutoCAD.DWG electronic file format before the preconstruction conference.
D. The Developer shall include the "City of Fridley's Standard Detail
Specifications" (all applicable sections) in the contract documents of their
improvement project.
E. Other requirements:
1. Prior to recording the final plat,the Developer shall:
a. Execute the development contract and provide the related financial
guarantees and fees.
b. Receive City approval of final construction plans.
2. Prior to issuing the initial Certificate of Occupancy,the developer shall:
a. Record with the county the maintenance agreement for the stormwater
ponds on the property.
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25. MISCELLANEOUS.
A. The Developer may not assign this contract without the written permission of the
City Council. The Developer's obligation hereunder shall continue in full force and
effect even if the Developer sells one or more lots,the entire plat,or any part of it.
B. A building permit is required for any retaining wall that would be 48 inches in
height or higher, and a fence/wall permit is required for any retaining wall that
would be less than 48 inches in height. Additionally, a fence with a minimum
height of three feet shall be installed at the top of any retaining wall that exceeds four
feet in height, and at the top of any tiered retaining wall that requires a building
permit. Retaining walls that require a building permit shall be constructed in
accordance with plans and specifications prepared by a structural or geotechnical
engineer licensed by the State of Minnesota, as approved by the building permit.
Following construction of any retaining wall that requires a building permit and
prior to issuance of a certificate of occupancy for a lot where the retaining wall is
located, a certification signed by the design engineer shall be filed with the Building
Official evidencing that the retaining wall was constructed in accordance with the
approved plans and specifications.
C. The Developer shall submit appropriate legal documents regarding homeowner
association documents, covenants and restrictions, as reviewed by the city attorney
for consistency with the City's official controls and conditions of approval shall be
filed with the final plat. If the documents are not consistent with the City's official
controls and conditions of approval, the documents shall be amended to make them
consistent prior to recording the final plat and homeowner association documents.
D. The Developer shall take out and maintain or cause to be taken out and maintained
until 6 months after the City has accepted the public improvements, public liability and
property damage insurance covering personal injury, including death, and claims
for property damage which may arise out of the Developer's work or the work of its
subcontractors or by one directly or indirectly employed by any of them. Limits for
bodily injury and death shall be not less than $500,000 for one person and
$2,000,000 for each occurrence; limits for property damage shall be not less than
$200,000 for each occurrence; or a combination single limit policy of
$2,000,000 or more. The City shall be named as an additional insured on the
policy, and the Developer shall file with the City a certificate evidencing coverage
prior to the City signing the plat. The certificate shall provide that the City must be
given written notice of the cancellation of the insurance per the terms of the policy.
E. Third parties shall have no recourse against the City under this contract.
F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this
contract is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this contract.
G. The action or inaction of the City shall not constitute a waiver or amendment to the
provisions of this contract. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this contract shall
not be a waiver or release.
H. This contract shall run with the land and may be recorded against the title to the
property. The Developer covenants with the City, its successors and assigns, that the
Developer has fee title to the property being final platted and/or has obtained
consents to this contract, in the form attached hereto, from all parties who have an
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interest in the property; that there are no unrecorded interests in the property being
final platted; and that the Developer will indemnify and hold the City harmless for any
breach of the foregoing covenants.
Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to the City, at law or in equity, or under any other agreement, and
each and every right, power and remedy herein'set forth or otherwise so existing
may be exercised from time to time as often and in such order as may be deemed
expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right,power or remedy.
J. The Developer represents to the City that the plat complies with all city, county,
metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision regulations, zoning ordinances, and environmental regulations. If the City
determines that the plat does not comply, the City may, at its option, refuse to allow
construction or development work in the plat until the Developer does comply. Upon
the City's demand, the Developer shall cease work until there is compliance.
26. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City,
provided the Developer, except in an emergency as determined by the City, is first given
notice of the work in default, not less than 48 hours in advance. This contract is a license
for the City to act, and it shall not be necessary for the City to seek a court order for
permission to enter the land. When the City does any such work, the City may, in addition
to its other remedies,assess the cost in whole or in part.
27. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this contract against poor material and faulty workmanship. The Developer
shall submit or maintain a letter of credit for 25% of the amount of the original cost of the
following improvements:
A. The required warranty period for materials and workmanship for utilities
including public sanitary sewer, storm sewer, and water mains shall be 2
years from the date of final written City acceptance of the work.
B. The required warranty period for all work relating to street construction,
including concrete curb and gutter, sidewalks and trails, materials and
equipment shall be 1 year from the date of final written City acceptance.
C. The required warranty period for grading, sod, trees, and landscaping is one
growing season following installation.
28. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this contract,payment of special assessments,payment of the costs of all public and private
improvements,and construction of all public and private improvements,the Developer
shall furnish the City with a letter of credit,in a format acceptable to the City,from a bank,
cash escrow or a combination cash escrow and letter of credit("security")for$483,389.00
The amount of the security was calculated as shown in Appendix A.
This breakdown is for historical reference; it is not a restriction on the use of the
security. The bank shall be subject to the approval of the City Manager. The City may
draw down the security, without notice, for any violation of the terms of this contract or
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if the security is allowed to lapse prior to the end of the required term. If the required
public improvements are not completed at least 30 days prior to the expiration of the
security, the City may also draw it down. If the security is drawn down, the proceeds
shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer
or designee that work has been completed and financial obligations to the City have
been satisfied, with city engineer or designee approval the security may be reduced from
time to time by 75% of the financial obligations that have been satisfied. Twenty-five
percent(25%)of the amounts certified by the Developer's engineer shall be retained
as security until: (1) all improvements have been completed; (2) iron monuments for lot
corners have been installed; (3) all financial obligations to the City satisfied; (4) the
required "record" plans have been received by the City; (5) a warranty security is
provided;and(6)the public improvements are accepted by the City.
29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this contract which must be furnished to the City at the time of
final plat approval:
Subdivision monument Security (23A) (Refundable) $ 2,600.00
Administration of Development Contract Escrow $14,500.00
Park Dedication Fee $39,000.00
TOTAL CASH REQUIREMENTS LEVIED: $56,100.00
30. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer,its employees or agents,or mailed to the Developer by
certified mail at the following address:
Pulte Homes of Minnesota,LLC
ATTN: Chad Onsgard
7500 Flying Cloud Drive,Suite#670
Eden Prairie,MN 55344
The Developer shall notify the City within five days of a change of address.
Notices to the City shall be in writing and shall be either hand delivered to the city
manager, or mailed to the City by certified mail in care of the City Manager at the
following address:
Fridley Community Development Department
Attn: Scott Hickok
6431 University Avenue,NE
Fridley,MN 55432
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CITY OF FRIDLEY
BY:
Scott Lund, Mayor
(SEAL)
AND
Walter Wysopal,City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2018, by Scott Lund and by Walter Wysopal, the Mayor and City Manager
of the City of Fridley, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
NOTARY PUBLIC
DEVELOPER:
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2018, by the
of
on its behalf.
NOTARY PUBLIC
DRAFTED BY: CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E.
FRIDLEY,MN 55432
154
Appendix A
Developer
ESTIMATED COSTS
ITEM Total
Sanitary Sewer: $ 72,399.00
Watermain: $ 85,763.00
Storm Sewer: $112.467.00
Streets: $176,960.00
SUB-TOTAL: $447,589.00
Design,Admin., Insp.,As-Builts (8%): $ 35,800.00
TOTAL: $483,389.00
(1) Developer installed public improvements. City to own and maintain after development
completed.
155
(BANK LETTERHEAD)
IRREVOCABLE LETTER OF
CREDIT
Letter of Credit No.: Date:
TO: City of Fridley
6431 University Avenue,NE
Fridley,MN 55432
RE: (*Insert project name/address)
Dear Sir or Madam:
We hereby issue, for the account of (*insert Developer Name/Address) and in your favor,
our Irrevocable Letter of Credit in the amount of$ , available to you by your draft drawn
on sight at the undersigned bank.
Any drafts drawn under this Letter of Credit must:
a) Bear the clause, "Drawn under Letter of Credit No. of(insert Bank name),
dated
20 ";
b) Name the City of Fridley as beneficiary;and
c) Be presented for payment at (*insert Bank name & address), on or before 4:00 p.m.
on November 30,20
This Letter of Credit shall automatically renew for successive one-year terms unless,at least sixty
(60) days prior to the next annual renewal date, the Bank delivers written notice to the Fridley
Community Development Department that it intends to modify the terms of, or cancel, this Letter
of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the
U.S. Mail, at least sixty (60) days prior to the next annual renewal date addressed as follows:
Fridley Community Development Department, Fridley City Hall, 6431 University Avenue NE,
Fridley, MN 55447, and is actually received by the Community Development Department at least sixty
(60)days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified, or limited by reference to any document, instrument, or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than
one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs
and Practice for Documentary Credits,International Chamber of Commerce Publication No.600.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall
be duly honored upon presentation.
BY:
Its
156
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vair
AGENDA ITEM
oaf CITY COUNCIL MEETING OF
Fridley
JUNE 11, 2018
To: Walter T. Wysopal, City Manager
Mayor and City Council
From: Debra A. Skogen, City Clerk 0
Brian T. Weierke, Public Safety Director
Date: June 8, 2018
Re: Suspension of Massage Therapy Licenses Due to Noncompliance of Fridley City
Code Section 125.04 and Fridley Zoning Code Section 205.15.1.C.(13)
Fridley City Code Chapter 125 entitled Saunas and Massage Parlors grants an exception to
individuals practicing massage therapy under Section 125.03. Section 125.04 defines saunas and
massage parlors and requires business licensing. Fridley Zoning Code Section 205.15.1.C.(13)
requires a special use permit to operate a sauna or massage parlor.
The two businesses located at 1299 Mississippi Street and 7420 University Avenue have had
individuals come in to apply for the massage therapy exemption while actually engaging in a
massage parlor business without a license and failing to apply for a special use permit.
A recent inspection provides proof they have violated Section Chapter 125.04 of the City Code for
failing to obtain a massage parlor business license and Zoning Code Section 205.15.1.C.(13) for not
obtaining a special use permit.
Section 125.12 defines the restrictions and regulations of a massage parlor license:
Section 125.12.5. "Every licensee shall allow for an examination and inspection
of every part of the premises by a police, fire or health authority during normal
business hours six times a year. Refusal to allow such inspection or to answer the
request of City police, fire or health authority to be admitted to a licensed
premises shall be grounds for suspension or revocation of all licenses."
Section 125.12.6. "A licensed premises shall be kept and maintained in a sanitary
condition defined as being free from the vegetative cells of pathogenic
microorganisms and all equipment,personal property,tables,beds,towels,
clothing and the like used in or for the purpose of massage shall also be
maintained in a sanitary condition as defined herein."
158
Section 125.15 allows for a license to be revoked, suspended or not renewed by the City Council
upon recommendation of the City Manager for:
125.15.3. Engaging in conduct involving moral turpitude or permitting or
allowing others within their employ or agency to engage in conduct involving
moral turpitude or failing to prevent agents, officers or employees engaging in
conduct involving moral turpitude.
125.15.4 Failure to fully comply with any requirements of the Chapters of the
City Code of Fridley regarding sanitary and safety conditions,zoning
requirements,building code requirements or ordinances,the violation of which
involves moral turpitude, or failure to comply fully with any requirements of this
Chapter.
Based on this information, it is recommended that the individual massage therapy licenses for the
following individuals be hereby suspended until such time as a thorough investigation is complete:
99 Massage located at 1200 Mississippi Street NE:
Ling Liu, Xianmei Zhang,Yong Ging Wei, and Ling Ling Huang
Sunlight Bodywork located at 7420 university Avenue NE
Jiu Feng Xi and Yun Liu
159
AGENDA ITEM
CITY COUNCIL MEETING OF
Fridley
JUNE 11 , 2018
INFORMAL STATUS REPORTS
160