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