12/14/2009 - 29273CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 14, 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
Jim Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
John Berg, Fridley Fire Department
BOARD OF CANVASS:
Receive and Certify the Statement of Canvass from the Special Election of December 8,
2009
Deb Skogen, City Clerk, said a special election was held on Tuesday, December 8, 2009, to
determine the outcome of the charter amendment adopted by Ordinance No. 1260, which would
allow for a special election and change the voter requirement needed to approve a request. State
law requires the City to canvass the results of the special election within 7 days of the election.
Ms. Skogen said there were 15,318 registered voters registered at 7:00 a.m. and 30 Election Day
registrations, for a total of 15,348 registered voters. Of the total number of registered voters,
2,352 voters cast a ballot providing for an average voter turnout of 15%. All of the ballots cast
voted yes or no with no blank or over-voted ballots. 936 votes were cast in favor of the
amendment and 1,416 votes were cast against the amendment, thereby defeating the amendment
and rescinding Ordinance No. 1260. Staff recommends a motion accepting and certifying the
results of the election.
MOTION by Councilmember Bolkcom to receive and certify the Statement of Canvass from the
Special Election of December 8, 2009, with the change on Ward 2 to read Councilmember
Varichak Seconded by Councilmember Saefke.
Ms. Skogen said there was a question about the cost of the special election. The cost was
$12,794.63 with $10,733 in election judge wages. There was another question about the
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 2
absentee ballots and how many were received. 165 absentee ballots were mailed and 129 were
received back and 4 were rejected.
Councilmember Bolkcom asked if the price would have been any less if the election was held at
the same time as the School Board Election.
Ms. Skogen answered no. The cost would have remained the same.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
PRESENTATION:
Fire Department: Fire Explorer Program
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Approve Joint Powers Agreement between the City of Fridley and County of Anoka for
the Intersection Improvements at East River Road and 61st Avenue N.E. (Ward 3).
William Burns, City Manager, said although the signalization project is underway and expected
to be covered by $300,000 in Community Development Block Grant funding, Fridley is being
asked to absorb 25% of any costs that exceed the $300,000. School District #14 has also agreed
to pay 25% of any cost overruns. We expect the project to be completed in January. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Resolution Authorizing Changes in Appropriations for the 2009 Budget for August
through November, 2009.
William Burns, City Manager, said the resolution covers $26,194 in non-budgeted revenues and
expenditures. All of the expenditures are related to federal grants, donations, reimbursements, or
sale of property. The two biggest items of General Fund expenditures include the purchase of
squad video cameras and overtime for police officers involved in DWI saturation campaigns.
The expenditures also include $30,000 for the Springbrook Nature Center Memorial Garden.
This latter item was covered by a donation from William Beery. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2009-69.
3. Resolution of Support for High Speed Broadband Connectivity in Anoka County.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 3
William Burns, City Manager, said the City has been asked by Commissioner Kordiak to
support a resolution endorsing the County's efforts to e�tend broadband Internet service
throughout Anoka County and to support their application for federal funding for this project.
Dr. Burns said the County has been working to identify unserved areas of the County as well as
public institutions and key business locations that might be served by a County-sponsored
Internet system. They plan to provide these services through a private sector Internet provider
and federal stimulus funding. The attached resolution puts Council on record as recognizing the
benefits of their efforts to expand Internet service in Anoka County as well as supporting their
grant application. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Claims (144304 — 144418).
APPROVED.
5. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
6. Estimates:
APPROVED THE FOLLOWING ESTIMATE:
G.L. Contracting, Inc.
4300 Willow Drive
Medina, MN 55340
45th Avenue Stormwater Outfall Repair
Project No. 390
Estimate No. 1 .................................................................................... $ 63,700.92
ADOPTION OF AGENDA:
Councilmember Bolkcom asked for item Nos. 1 and 3 to be removed from the Consent Agenda.
Councilmember Bolkcom said that on Page 12 of the agenda, Item No. 2, Fire should be
changed to Recreation under "Appropriation Adjustments."
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
Nos. 1 and 3 and the correction on Page 12 of the agenda. Seconded by Councilmember
Varichak.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to Adopt the Agenda with the addition of Item Nos. 1
and 3. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
None.
OLD BUSINESS:
7. Approve Consultant Selection for Project No. 389 SPRING Project (Tabled December
7, 2009)
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE ITEM WAS REMOVED FROM THE
TABLE.
Mr. Kosluchar said this item was tabled from at the November 16 and December 7 City Council
meetings pending the attached agreement.
Mr. Kosluchar said a team led by Hoisington Koegler Group was selected largely due to their
project understanding and creative approach, related project experience, and cost within the
available budget. Ana Nelson of Hoisington Koegler Group, who will be the project manager,
developed the SPRING conceptual plan in 2003 when she was with Bonestroo. The Hoisington
Koegler Group is teaming with Partners & Sirney Architects, who have solid experience with
this type of project. Both firms come very highly recommended by their references. Staff
recommends the City Council approve the selection of Hoisington Koegler Group, Inc., to
provide professional services for the SPRING Project (City Project No. 389), and approve the
agreement for professional services with Hoisington Koegler Group, Inc. for the SPRING
Proj ect.
Councilmember Bolkcom asked who the "client" was in the agreement.
Mr. Kosluchar said the client was the City of Fridley.
Councilmember Bolkcom asked if this project would come back to Council if additional
services are needed.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 5
William Burns, City Manager, said it would come as a change order.
Councilmember Bolkcom asked if the Foundation had additional funds available if there were
additional services.
Dr. Burns said a request can be made that if any changes arise they would need to come before
Council for approval before they are implemented.
Councilmember Bolkcom wanted to make sure everything is paid on time so no interest will be
charged. She is aware the Mayor is involved with the group for this project but would like the
rest of the Council to receive updated reports so they know what is going on with the project.
Mayor Lund said he would be happy to share information with Council on any incidental
amounts that arise and agreed that communication should be kept open.
Councilmember Barnette said Council did have some concerns about this project but this will
be an improvement of our parks. The concern was that the client is the City and the cost is paid
by the Springbrook Foundation. This project will not be funded with direct City dollars.
Dr. Burns said that the SPRING Foundation will be seeking $3.OM from a State Bonding Bill
and it will help to receive additional funding if the area is shovel ready.
MOTION by Councilmember Bolkcom to approve the Consultant Selection of Hoisington
Koegler Group, Inc., for Project No. 389 SPRING Project. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
8. Resolution Certifying Final Tax Levy Requirements for 2010 to the County of Anoka.
Richard Pribyl, Finance Director, said the proposed levy complies with both state law and with
the city charter limitation requirement. For taxes payable 2010, the State Levy Limit is more
restrictive than the local levy limit and we are levying $179, 545 less than the local charter
limitation. The city passed a"proposed" levy in September, in the amount of $10,120,162.
Mr. Pribyl said that the resolution is considered the "Final Levy" and is exactly the same dollar
amount. This is the same amount that was used in the 2010 Budget Presentation made during the
Public Meeting held on December 7th to discuss the 2010 Budget. Staff is recommending
approval of the attached resolution to levy taxes for the 2010 budget year.
MOTION by Councilmember Barnette to adopt Resolution No. 2009-70. Seconded by
Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 6
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
9. Resolution Adopting the Final Budget for the Fiscal year 2010.
Richard Pribyl, Finance Director, said at the City Council meeting on December 7, the City
Manager delivered the 2010 budget message during the public meeting held for public comment.
This resolution adopting the 2010 Budget will finalize the budget process. This year the City of
Fridley was not required to hold a public hearing, but did hold the required "Public Meeting" for
public comment.
Mr. Pribyl said that the certification of the "Final Budget" must be to the County Auditor by
December 28. The City has complied with appropriate sections of the City Charter that require
certain formats and information be contained within the budget document. Should anyone have
any additional questions that relate to the 2010 Budget, information can be obtained as follows:
■ The Anoka County Library will receive copies of the final City of Fridley 2010
Budget after the production of these documents.
■ Copies of the budget can be obtained by contacting Rick Pribyl at 763-572-3520.
■ The City Manager's Budget Message is on the City's Website located at
www. ci. fridlev. mn.us.
■ The 2010 budget will be placed on the Website as soon as the final document has
been printed.
Mr. Pribyl said since there are no open issues to resolve as a result of the public meeting on the
budget, Staff is presenting the Budget Resolution for 2010 for your approval. Staff is
recommending that Council pass the resolution that will provide approval for the Budget for
2010.
Mayor Lund noted the budget is a 9.5% decrease from the previous year. Since there may be
changes in the government aid from the State, this may not be the final outcome of the budget for
ne� year.
MOTION by adopt Resolution No. 2009-71. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
10. First Reading of an Ordinance Amending Chapter 11, General Provisions and Fees,
of the Fridley City Code.
Richard Pribyl, Finance Director, said as part of the 2010 budget process, staff conducted a
review of the fees and charges. Those results were reviewed by each department manager to
determine whether the current fees warranted an increase. The 2010 budget reflects the changes
as shown on the ordinance. The changes being recommended generally are rental housing-
related fees and some Community Development-related fees. There are a couple of suggested
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 7
wording changes that relate to Community Development-related fees. These suggested changes
are in compliance with Chapter 7 of the City Code. Staff recommends the first reading of the
ordinance.
Councilmember Saefke asked how many code 101 livestock were in Fridley.
Scott Hickok, Community Development Director, said there are not a lot but noted that there is
currently a bird owner who holds a license under the livestock provision.
Councilmember Bolkcom asked why some items were referred to as a fee and others a license.
Mr. Hickok said that after review, license is more appropriate language in some cases.
Councilmember Bolkcom asked if she had a condominium if she would pay for an annual
license.
Mr. Hickok said the charge would be for a condo conversion; he is not familiar with the details
but it can be referenced in Chapter 11.
Mayor Lund said that he understood it as an apartment owner who wanted to convert his
apartments into condo's to have ownership in the condo rather than monthly rent.
Councilmember Bolkcom asked if the conversion registration would be a one-time fee and then
a condo annual license.
Mr. Hickok said that there would be a one-time filing fee when the conversion happens and then
an annual license would be reviewed but there is no fee attached to it.
Councilmember Bolkcom asked if there would be a fee attached to either one.
Mr. Hickok said that the charges are not with the City but with the County.
Councilmember Bolkcom asked if any staff time would be spent on this.
Mr. Hickok said that the only staff time would be spent in collecting the documents.
Councilmember Bolkcom asked for clarification about the construction site and house.
Mr. Hickok said that there is a place marker in the fee structure but there is no new charge to
this, it is part of their permit. It basically states that there could not be a job trailer on a site
without a job. The inspector would review that and there are provisions on this item so if a fee is
needed at one point, it could be charged. No fee is recommended at this time.
Councilmember Bolkcom asked about the increase in rates on multi-dwellings. She noted that
it was a significant increase.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 8
Chief Berg said that the rates reflect an internal study that was done.
Councilmember Bolkcom asked if we were covering the City costs at all.
Chief Berg said that based on the estimated budget we will fall short about $25,000.
Councilmember Varichak thought there was a discussion about changing the fees so the City
would not end up in the hole on this.
Mayor Lund recalled the discussion and thought it would help people get into compliance. He
asked if there was any estimate on how many people do not comply with rental licensing.
Chief Berg said that it is a very small amount.
Councilmember Bolkcom asked how many people were renting out property without a license.
Chief Berg said he had no idea. Typically 2 to 3 properties are found every year.
Mayor Lund said taxpayers should not be bearing the cost of those who are renting and not in
compliance.
Councilmember Bolkcom asked about the re-inspection fees and if the $300 was for the entire
complex or per unit.
Chief Berg said the fee is basically a trip charge and $300 is charged every time we go back.
Councilmember Bolkcom asked if the charge is for when a renter calls in or only during re-
licensing.
Chief Berg said it is for every time we go on an inspection, re-licensing or a complaint. The
property owner is given time to correct the conditions and when we go back we do not charge.
There are additional charges if a third inspection or additional inspections are needed.
Councilmember Bolkcom asked about the change in the SUP and RL.
Mr. Hickok said that the SUP current rate is $1,500 for all and the RL single family has a rate of
$1,000. Staff analyzed that the amount of work required for an RL justifies a lower rate.
Councilmember Bolkcom noted that there was a charge to install on a tower and it wasn't
installed. She asked if the City charged even if they don't put one up.
Mr. Hickok answered yes, it relates to the work because it takes the same amount of staff time.
Councilmember Bolkcom asked if two requests come in together if it is $500 for both.
Mr. Hickok answered no; it is $500 per user.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 9
Councilmember Bolkcom requested the wording to reflect that.
Councilmember Varichak wanted to go back to the inspection fees. She asked what would
need to be done to break even.
Chief Berg said the fee would need to increase about $40 per building on top of the proposed
amount.
Councilmember Bolkcom suggested to approve the proposed fee structure but look at this ne�t
year so the fees will cover the work that is done.
Mayor Lund said for example on a single rental there would be a$75 charge for an annual
license and staff would come out on a complaint and do an inspection plus re-inspection for $75.
Then if the rental property was still found in noncompliance and staff came back third time there
would be a$300 re-inspection fee. He asked if staff had the ability to tag or site those not in
compliance.
Chief Berg said there is a$300 penalty which is an incentive for us not to come back and there
is a lot more staff time involved to track citations. Staff does have the ability to tag or site those
not in compliance.
Mayor Lund asked if there were scheduled inspections on particular licenses.
Chief Berg said on a single family rental, a full inspection is completed every four years and an
e�terior inspection every other year. In four years every property is visited twice.
Councilmember Bolkcom asked if she was a landlord and is not in compliance, would she be
charged $300, and if she doesn't take care of it, she could be charged again.
Attorney Knaak, City Attorney, said it would be a criminal penalty. If people refuse or fail to
do what is indicated they may not be reinstated. If they try to rent, they could be charged with a
misdemeanor and could go to jail and pay a penalty of $1,000.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmember Bolkcom asked when the fee changes would go into affect.
Mr. Hickok said the second reading would come before Council on January 25 and would be
published and fees implemented 15 days after that. If everything passes, it would become law on
February 12.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 10
11. Resolution Approving the Amendment of the City of Fridley Educational Facilities
Revenue Note, Series 2002, and the Loan Agreement Relating Thereto Authorizing
the Execution of Documents in Connection Therewith (Totino-Grace High School
Proj ect).
Richard Pribyl, Finance Director, said in 2002, the City of Fridley approved some conduit
financing that allowed Totino-Grace High School to issue some tax exempt debt. This type of
financing did not create any liability for the City.
Mr. Pribyl said Totino-Grace has asked to make a couple of changes to the loan agreement. The
change would allow them to pay interest only on the loan. Mr. Michael Bilsky is here this
evening from the North American Banking Company if you have any questions. Mr. Bilsky was
involved with Totino-Grace and the original issue back in 2002. Staff recommends Council's
approval of the resolution.
Councilmember Varichak asked if something like this had ever been done before.
Mr. Pribyl said this does not happen often but it is not unusual. Any modification has to come
before Council.
Councilmember Bolkcom asked for clarification on Page 44 about allowing for secured interest
in land prohibited in the original note.
Richard Bilsky, North American Banking Company, said the original note was for the building
only and the new note requires a note on the entire property. The reason for the changes is to
remain in a tax exempt status.
Councilmember Bolkcom asked if Totino-Grace was currently only paying interest.
Mr. Bilsky answered no. They are paying principal and interest.
Councilmember Barnette asked if there was any risk to the City on this change.
Mr. Bilsky answered no.
MOTION by Councilmember Varichak to adopt Resolution No. 2009-72. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
12. Preliminary Plat Request, P.S. #09-05, by Premier FMC, LLC, on Behalf of Unity
Hospital, to Replat Property to Allow the Creation of a New Lot to Allow for the
Construction of a New Medical Clinic/Office Building, Generally Located at
Osborne Road and Fifth Street (Ward 1).
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 11
13. Special Use Permit Request, SP #09-17, by Premier FMC, LLC, on Behalf of Unity
Hospital, to Allow for the Construction of a Medical Clinic/Office Building in an R-
1, Single Family Zoning District, Generally Located at Osborne Road and Fifth
Street;
and
Resolution Approving Special Use Permit, SP #09-17, for Premier FMC, LLC,
Generally Located at 500-550 Osborne Road N.E. (Ward 1).
Scott Hickok, Community Development Director, said the petitioner is requesting a preliminary
plat to create a new lot to allow the construction of a medical clinic/office on the Unity Hospital
Campus. A special use permit is also being sought to allow the construction of the free-standing
medical clinic/office building in an R-1, Single Family zoning district.
Mr. Hickok stated the proposed free-standing, two-story medical office building will be located
in the northwest corner of the Unity Hospital campus. The proposed building will be
approximately 60,000 square feet in size. This building will primarily be occupied by Fridley
Medical Center and Virginia Piper Cancer Center. The proposed replat will consist of six lots.
Mr. Hickok said a medical clinic of this size would require 240 parking stalls at a parking ratio
of 1 to 250 square feet. Petitioner is proposing to construct 246 parking stalls and proof an
additional 57 stalls, which is above what code would require. In order to allow for the
construction of the new medical office clinic, 109 parking stalls will need to be removed. The
petitioner has stated that the old Fridley Medical Center property will be exchanged for this new
parcel which is currently on the Unity Hospital campus. As a result, any displaced parking to
allow for the construction of the medical clinic will be moved to the existing Fridley Medical
Center site, which will be owned by Unity Hospital.
Mr. Hickok said the petitioner is proposing to construct a new access to the Unity Hospital
Campus via Sth Street. The site plan submitted shows this access as a right-in/right-out/left-in
access only. The reason for this is to attempt to restrict a west-bound left turn from the site into
the neighborhood. The design proposed for this access is the most ideal situation for the
proposed clinic, existing hospital, and the neighborhood.
Mr. Hickok stated the hospital and clinic feel this access is an essential part of the proposal for
the new medical clinic office building. The reason it is essential for the access to be set-up in
this manner is because it eliminates the potential for vehicles to turn left into the neighborhood.
Constructing an additional entrance/exit to the site will also help to divide the traffic demand for
the site from the main hospital entrance and it will provide another access for emergency
vehicles to both the proposed clinic site and the existing hospital and professional building.
Mr. Hickok said staff analyzed whether it would be important to try to match up the new
entrance with 76th Avenue. Though in most situations, City staff would prefer to have the
driveways match up, in this case, staff thinks it is more important to have them staggered. The
situation keeps the east/west connection on the site. Leaving the proposed access point as
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 12
proposed would also help to keep potential motorists out of the neighborhood by eliminating the
option to cross Sth Street over to 76th Avenue, and then having them maneuver their way out of
the neighborhood.
Mr. Hickok said the City has heard from the Anoka County Highway Department, and they will
not be requiring additional right-of-way along Osborne Road. The County has articulated that
signalization will not be warranted at the Osborne Road/Sth Street intersection because it is too
close to the signal at University Avenue and Osborne Road. City staff has stipulated that the
petitioner meet any and all requirements set forth by the Anoka County Highway department.
Mr. Hickok stated the City Code requires that a five foot sidewalk easement be provided along
all property lines when the property is adjacent to a public right-of-way or across from
residential. The Council may allow the petitioner to delay installation of the sidewalk if the
petitioner signs an agreement that it will be constructed when the City requires the installation.
As a result, staff has stipulated that sidewalks be installed along Sth Street, Lyric Lane and
Madison Street and has developed a timeline for that installation.
Mr. Hickok said petitioner has illustrated that storm water management for the site will be
handled using a standard pond/surface drainage system that is proposed to be located south of the
new parking lot. It is also being designed to meet the watershed's requirements for rate, quality
and volume control.
Mr. Hickok said there was a concern from a neighbor about removing trees. The City does not t
have a tree preservation ordinance; however we are asking the petitioner to save as many trees as
possible without disturbing the root system. The land along Sth Street will be required to be
bermed to hide the new parking area and several new trees will be planted. City Code requires
the petitioner to plant 42 trees and they are proposing to plant 123 trees, going above what code
would require.
Mr. Hickok said there was also a concern regarding Sth Street. Osborne Road is a County Road.
Anoka County has stated that this intersection would remain un-signalized from their
perspective. They also point out that if Osborne Road is reconstructed in the future, it may
include a raised median, at which time, the Sth Street access may become a right-in/right-out
only. As a result, the County thinks it would be important to encourage and re-direct outbound
traffic to utilize the traffic signal at the main access versus encouraging traffic to gain access
from Sth Street.
Mr. Hickok said petitioner has articulated to staff that there is a legal description matter that is
currently being worked out. The Title Company is ensuring the City that completion of the clean
title work on the legal description will be done prior to final plat approval.
Mr. Hickok said at the November 18, 2009 Planning Commission meeting the Planning
Commission held a public hearing for PS #09-OS and SP #09-17. They unanimously
recommended approval with 19 stipulations. Staff recommends Council's approval of the
preliminary plat and special use permit with the following 19 stipulations:
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 13
1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be
filed upon final plat approval.
2. New cross parking agreements shall be established and filed between Fridley Medical
Center, Unity Hospital and the Unity Professional Building upon final plat approval.
3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building
permit for the proposed medical office clinic.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved
by City Staff prior to issuance of building permit.
8. The subject property shall be maintained free of any and all construction debris.
9. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. Monday
through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays.
10. No future additions/expansions on this site shall occur that would consume more land
area, without a strategic plan for structured parking.
11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement
between the hospital, professional building and new medical clinic building.
12. The petitioner shall provide 5 ft. easement and sidewalk along Sth Street, Lyric Lane, and
Madison Street. Design and placement shall be reviewed by the City's engineering staff.
[Staff recommends] Installation of Sth Street sidewalk in 2010 with proposed project,
installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in
2012.
13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
14. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
15. The petitioner shall obtain a permit from Anoka County for any work done within the
county right-of-way.
16. No signs shall be located within the County right-of-way. Any planting within the right-
of-way shall be approved by the County prior to planting.
17. Stormwater management maintenance agreement shall be filed with the City prior to
issuance of building permits.
18. The petitioner shall agree to preserve mature trees to the e�tent possible. All trees
required to be removed for the proposed medical clinic or parking shall be marked and
approved by City staff prior to issuance of building permits.
19. The petitioner shall screen parking areas from the public right-of-way by a continuous
earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with
a combination of landscaping.
Mr. Hickok stated that the reason the development has Lots 1, 2 and 3, split into 2 lots (A&B),
is because some of the land to be replatted is Torrens property while other portions of it are
Abstract. Anoka County does not allow the combination of these different types of property
without first getting a Registration of Land Titles by District Court Order, which can be a
lengthy process. Instead, the petitioner is choosing to identify the lots with A and B, based on
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 14
whether it is Torrens property or Abstract property, which is acceptable to the Anoka County
Surveyor's office.
Mr. Hickok said hospitals and medical clinics are a permitted special use in an R-1, Single-
Family Zoning District. The medical office building is proposed to be located on Lots lA and
1B, which is 3.84 acres in size. The petitioner is proposing to construct a 60,000 square foot
medical clinic on this lot, with parking, and landscaping. Additional parking will be will located
on Lot 2B.
Councilmember Bolkcom asked why the sidewalks were not all being done at the same time.
Mr. Hickok said the current campus does not have sidewalks and they have never been platted.
The campus has existed for all those years with no sidewalks and are requesting installment in
phases and so they can be budgeted.
Councilmember Bolkcom asked for more details on the parking. She wanted to make sure
there is enough parking as there have been problems in the past with staff parking on street.
Mr. Hickok said the formula is outlined in the code and the proposed parking will be in excess
of code.
Councilmember Bolkcom asked about the traffic issue and what staff thinks the increase in
traffic would be.
Mr. Hickok responded that the traffic generated would be about 138 in the morning and 126 in
the evening.
Robert Foster, Attorney for Premier FMC, LLC, said this property is owned by the North
Suburban Hospital District. The Fridley Medical Center will acquire land where the new
building will be located. When this is done, North Suburban Hospital District will own the land
and add more parking. The entire parcel had to be re-platted which is the reason for sidewalks to
be phased in. It makes sense for the entire campus to be under one plat.
William Burns, City Manager, asked if there would be a tunnel.
Mr. Hickok answered no, but said that a skyway is in the works. They are still deciding when it
will be installed; now or later.
Mayor Lund asked if any response was heard from the neighbors.
Mr. Hickok answered yes; someone wanted to know how traffic would come through the area
on Fourth Street and someone who lives close on the west side was concerned about the loss of
trees and parking on that side. The developer has created a nice landscape plan with a new
sidewalk and more trees than what will be removed.
Mayor Lund asked if people were reasonably satisfied with the result.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 15
Mr. Hickok answered yes.
Jerry Mackelberg clarified that North Suburban Hospital District is owner of the property who
is selling and swapping land and the Fridley Medical Property will be owned by North Suburban
Hospital District, not Unity Hospital.
Mayor Lund asked if a building was coming down.
Mr. Mackelberg said there was an agreement to destroy the building and create parking and
landscape that is required by the City.
Councilmember Bolkcom asked about the time frame and when the work could start.
Mr. Hickok said that the permit is ready and the developer is ready.
Mayor Lund asked if the applicants and petitioners were okay with the stipulations.
Mr. Foster answered yes. The stipulations are acceptable to the developer.
MOTION by Councilmember Saefke to approve Preliminary Plat Request, P. S. #09-05, and
Special Use Permit Request, SP #09-17, by Premier FMC, LLC, on Behalf of Unity Hospital
with the following 19 stipulations:
1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be
filed upon final plat approval.
2. New cross parking agreements shall be established and filed between Fridley Medical
Center, Unity Hospital and the Unity Professional Building upon final plat approval.
3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building
permit for the proposed medical office clinic.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved
by City Staff prior to issuance of building permit.
8. The subject property shall be maintained free of any and all construction debris.
9. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. Monday
through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays.
10. No future additions/expansions on this site shall occur that would consume more land
area, without a strategic plan for structured parking.
11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement
between the hospital, professional building and new medical clinic building.
12. The petitioner shall provide 5 ft. easement and sidewalk along Sth Street, Lyric Lane, and
Madison Street. Design and placement shall be reviewed by the City's engineering staff.
[Staff recommends] Installation of Sth Street sidewalk in 2010 with proposed project,
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 16
installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in
2012.
13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
14. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
15. The petitioner shall obtain a permit from Anoka County for any work done within the
county right-of-way.
16. No signs shall be located within the County right-of-way. Any planting within the right-
of-way shall be approved by the County prior to planting.
17. Stormwater management maintenance agreement shall be filed with the City prior to
issuance of building permits.
18. The petitioner shall agree to preserve mature trees to the e�tent possible. All trees
required to be removed for the proposed medical clinic or parking shall be marked and
approved by City staff prior to issuance of building permits.
19. The petitioner shall screen parking areas from the public right-of-way by a continuous
earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with
a combination of landscaping.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Motion by Councilmember Saefke to adopt Resolution No. 2009-73. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Resolution Approving Recycling Service Fees.
Scott Hickok, Community Development Director, said the increase would affect the service fee
charged to all single through 12-unit residential buildings serviced by the City's residential
recycling service contract. The proposal is an annual increase based on CPI. The quarterly rates
would be raised from $6.78 to $7.04 per dwelling effective with the first utility billing of 2010.
Councilmember Bolkcom asked for clarification on the rates.
Mr. Hickok said the cost of service is only partially paid by the fee itself so the $7.04 is from
collection and the rest is subsidized.
Councilmember Bolkcom said staff is proposing to increase fees because it is costing more to
provide this service to the community. The total cost is $7.95 per household and the City is only
charging $7.04.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 17
Mr. Hickok said that is correct.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-74. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Councilmember Bolkcom asked when the new charges would go into effect.
Mr. Hickok said it will be applied to the first utility bill in 2010.
15. Resolution Providing for Sewer Structure and Rate Change.
Richard Pribyl, Finance Director, said as part of the 2010 budget-setting process, staff and
Council review the operations of each of the utility funds. The Sanitary Sewer Fund, upon
review of the 5-year pro forma will incur a operating loss without a 9.5% increase in rates.
Mr. Pribyl said staff has provided this information as part of the 2010 budgeting process. This
information was provided during the Public Meeting that was conducted on December 7. The
9.5% increase is needed in order for the utility to break even.
Mr. Pribyl said the Metropolitan Council Environmental Services portion of the Budget
represents approximately 77% of the budget. The cost estimate provided to us for the operation
for 2010 increased by 9.8% due to the cost and flow increase. The proposed increase would
change the charges as follows:
Fixed Charge From $7.12/Quarter to $7.75/Quarter
Volume Charge From $3.01/1,000 gallons to $3.30/1,000 gallons
Mr. Pribyl said staff recommends that Council pass the resolution increasing the sanitary sewer
fixed and volume related charges for 2010 effective with the first billing in January.
Councilmember Bolkcom asked if the increase is related to disposal costs which we have no
control.
Mr. Pribyl said correct.
Councilmember Bolkcom asked how staff came up with the water usage numbers.
Mr. Pribyl said the numbers are based on the winter quarter water charge or consumption which
sets up the charge for the following quarters.
Councilmember Bolkcom asked if staff was aware of any community that does anything
different from Fridley.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 18
Mr. Pribyl said no.
Mayor Lund noted there are no changes in storm water utility. He asked if that program is self-
sufficient or if the City has lost on that program as well.
Mr. Pribyl said in 2010 the City should break even with the current rates.
MOTION by Councilmember Saefke to adopt Resolution No. 2009-75. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
16. Resolution Providing for Water Structure and Rate Change.
Richard Pribyl, Finance Director, stated as part of the 2010 budget-setting process, staff and
Council review the operations of each of the utility funds. The Water Fund, upon review of the 5
year pro forma will incur an operating loss without a 5% increase in rates.
Mr. Pribyl said staff has provided this information as part of the 2010 budgeting process. This
information was provided during the Public Meeting conducted on December 7. The 5%
increase is needed in order for the utility to break even. Staff recommends Council's approval.
Councilmember Bolkcom asked if we would be in compliance with statute.
Mr. Pribyl answered yes. The City is in compliance with the state statute. Fridley is one of the
first cities in the new rate structure.
MOTION by Councilmember Saefke to adopt Resolution No. 2009-76. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
1. Approve Joint Powers Agreement between the City of Fridley and County of Anoka for
the Intersection Improvements at East River Road and 61st Avenue N.E. (Ward 3)
Councilmember Bolkcom was concerned about the cost because we are close to the total
number and wondered if there would be another change order in January for more funds.
Jim Kosluchar, Public Works Director, said the County advised there were no major change
orders anticipated. There is e�tra money in the MSA account to cover this project.
Councilmember Barnette asked who pays for the operation of the signal.
Mr. Kosluchar said there would be no change to the maintenance agreement.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 19
MOTION by Councilmember Bolkcom to approve the Joint Powers Agreement between the
City of Fridley and County of Anoka for the Intersection Improvements at East River Road and
61st Avenue N.E. (Ward 3). Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Resolution of Support for High Speed Broadband Connectivity in Anoka County.
Councilmember Bolkcom asked what the key business locations were.
Scott Hickok, Community Development Director, said that all businesses were considered key.
Councilmember Bolkcom asked for clarification about the unserved and underserved.
William Burns, City Manager, said that would include the rural areas of the county.
Councilmember Varichak noted Commissioner Kordiak and Commissioner West are in favor
of this but did not have any set or real definite information to share.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009-69. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17. Informal Status Reports.
Councilmember Varichak congratulated four new firefighters who were sworn in tonight.
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