05/10/2010 - 4959�
� CITY COUNCIL MEETING OF MAY 10, 2010
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FRIDLE7`
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)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
National Police Week: May 9-15, 2010
Peace Officers Memorial Day: May 15, 2010
Public Works Week: May 16-22, 2010
PRESENTATION:
Home Improvement Demonstration Project
at 831 Mississippi Street N.E.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization Meeting of April 26, 2010
City Council Meeting of April 26, 2010
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. First Reading of an Ordinance Amending
Chapter 4 of the Fridley City Charter
Pertaining to Primary Elections ....................................................................... 1- 2
2. Receive the Planning Commission Meeting
Minutes of April 21, 2010 ................................................................................ 3- 12
3. Special Use Permit Request, SP #10-07, by
Wesco Distribution, to Allow Limited Outdoor
Storage, Generally Located at 5151 Industrial
Boulevard N.E. (Ward 3)
and
Resolution Approving Special Use Permit,
SP #10-07 for Wesco Distribution, 5151
Industrial Boulevard N. E . ................................................................................ 13 - 19
4. Receive Bids and Award Contract for the
2010 Water Main Rehabilitation Project
No. 391 ....................................................................................................... 20 - 22
5. Claims (145946 — 146116) .............................................................................. 23 - 27
6. Licenses ....................................................................................................... 28 - 29
7. Estimates ....................................................................................................... 30
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 3
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
OLD BUSINESS:
8. Second Reading of an Ordinance Amending
Chapter 30, Lawful Gambling, of the Fridley
City Code, Defining Licensed Organizations
(Tabled April 26, 2010) ................................................................................... 31 - 34
NEW BUSINESS:
9. First Reading of an Ordinance Amending
the Fridley City Code, Chapter 603,
Intoxicating Liquor, Pertaining to
Section 603.25, Gambling Endorsement ........................................................ 35 - 36
10. Approve Master Plan Amendment, MP #10-01,
by Jim Faulkner of Faulkner Construction, Inc.,
to Allow the Construction of an Assisted Living
Facility on Two Vacant Lots, Generally Located
at 6352 Central Avenue and 1271 East Moore
Lake Drive N. E. (Ward 2)
and
Resolution Approving Master Plan Amendment,
M. P. #10-01, Faulkner Construction, for the
Purpose of Constructing a Senior Assisted Living
and Memory Care Facility, Generally Located at
6352 Central Avenue and 1271 East Moore Lake
DriveN.E . ........................................................................................................ 37 - 52
FRIDLEY CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 4
NEW BUSINESS (CONTINUED):
11. Approve Development between the City of
Fridley and James Faulkner, Chief Manager
on Behalf of Fridley Assisted Living, LLC ........................................................ 53 - 69
12. Approve Joint Powers Agreement between
the City of Fridley and the County of Anoka
for the Costshare of a Corridor Study of
CSAH 1(East River Road) in the Cities of
Coon Rapids and Fridley ................................................................................. 70 - 73
13. Informal Status Reports .................................................................................. 74
ADJOURN.
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NATIONAL POLICE WEEK: May q-Is� ZOIO
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PEACE OFFICERS MEMORIAL DAY: May 1s, Zo10
WHEREAS, the quality of life in the United States is preserved and enhanced by the diligent efforts of
law enforcement personnel; and
WHEREAS, 700, 000 men and women in the United States, including more than 9, 000 Minnesota peace
offzcers, and 38 Fridley police officers serve their fellow citizens as law enforcement officers; and
WHEREAS, Minnesota has lost 244 law enforcement officers in the line of duty since 1874 and the
national toll is approaching 19, 000 fallen officers; and
WHEREAS, 116 peace officers across the Nation were killed in the line of duty during 2009; and
WHEREAS, every year, 1 out of every 9 peace offzcers is assaulted, 1 out of every 25 peace officers is
injured, and 1 out of every 4, 400 peace officers is killed in the line of duty; and
WHEREAS, on average over 56, 000 officers are assaulted resulting in over 16, 000 injuries nationally;
and
WHEREAS, on May 1 S, 2010, Fridley police officers will join all U.S. peace officers and the families of
their recently fallen comrades to honor those officers and all others who have made the ultimate
sacrifice:
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby
proclaim May 9 through 1 S, 2010, as National Police Week, and Saturday, May 1 S, 2010, as Peace
Officers Memorial Day in the City of Fridley in honor of Federal, State and local officers killed or
disabled in the line of duty; and
BE IT FURTHER RESOLVED that I hereby call upon the citizens of Fridley to keep our law
enforcement officers in their thoughts during this time and to observe Peace Officers Memorial Day with
solemn respect.
IN WITNESS WHEREOF, I have set my hand
and caused the seal of the City of Fridley to be
affixed this 10"' day ofMay, 2010.
Scott J. Lund, Mayor
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PUBLIC WORKS WEEK
May 16 - ZZ, ZOIO
WHEREAS, public works services provided in our community are an integr�al part of the
everyday lives of our citizens; and,
WHEREAS, the support of an understanding and informed citizenry is vital to the e�cient
operation of public works systems and progr�ams such as water; sewers, streets and highways,
public buildings, and snow removal; and
WHEREAS, the health, safety and comfort of this community gr�eatly depends on these facilities
and services; and,
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design,
maintenance, and construction are vitally dependent upon the efforts and skills of Public Works
personnel; and
WHEREAS, the e�ciency of the qualified and dedicated personnel who staff public works
departments is materially infZuenced by the people's attitude and understanding of the
importance of the work they perform.
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley,
do hereby proclaim the week ofMay 16-22, 2010, as:
PUBLIC WORKS WEEK
in the City of Fridley, and call upon all citizens and civic organizations to acquaint themselves
with the problems involved in providing public works services, and to recognize the contributions
the City's Public Works Department personnel make every day to our health, safety, comfort and
quality of life.
IN WITNESS WHEREOF, I have set my hand
and caused the seal of the City of Fridley to be
affixed this 10`h day ofMay, 2010.
Scott J. Lund, Mayor
LOCAL BOARD OF APPEAL AND
EQUALIZATION MEETING
CITY OF FRIDLEY
APRIL 26, 2010
The Board of Appeal and Equalization 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-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
MEMBERS ABSENT: Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Richard Pribyl, Finance Director
Mary Smith, City Assessor
Lynn Krachmer, City Appraiser
LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING
Mary Smith, City Assessor, said this is a continuation of the Local Board of Appeal and
Equalization meeting which was held on April 12. The purpose of this meeting is to establish the
2010 estimated market value on two properties whose owners appealed the value at the first
meeting. The Board has three possible courses of action that can be taken on each case tonight.
They are as follows: affirm, reduce or increase the current value based on information presented.
If the property owner feels the Board did not resolve their concerns, they may bring their case to
the County Board of Appeal and Equalization meeting which will be held on June 14 at 6 p.m.
Ms. Smith said there were three appellants that appeared before the Board at the first meeting.
The first property owner's value was affirmed by the Board at that time. After review of the
other two properties, staff makes the following recommendations to the Board with respect to
7165 East River Road: Prior to the property inspection of April 15, staff had not been inside the
subject property since June 21, 2001. After adjustments to the property information, along with
the sales comparison review, it is staffs' recommendation to the Board that the January 2, 2010,
estimated market value for Pin No. 10-30-24-41-0023 be reduced to $171,200.
Councilmember Bolkcom asked if the property had been inspected without the sales
comparison, would the conclusion have been the same.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 26, 2010 PAGE 2
Ms. Smith said that the value would have come to $171,200. After adjustment of improvements
in the mass appraisal system, this was the correct value.
Councilmember Bolkcom said it does make sense to make an appointment and have property
inspected.
Mayor Lund asked if the property owner agreed with the reduction.
Ms. Smith answered yes, he was fine with it.
Councilmember Bolkcom asked if the property owner still had an opportunity to go to Anoka
County if he felt the value should be reduced more.
Ms. Smith answered yes.
MOTION by Councilmember Bolkcom to reduce the estimated market value for 7165 East
River Road, Pin No. 10-30-24-41-0023, to $171,200. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Mary Smith stated with respect to 6535 Oakley Drive, after staff's review of this property and
explaining that this Board is to address only January 2, 2010, estimated market values, the
property owner agreed that the present value of $154,500 was fair. It is our recommendation that
the 2010 estimated market value be affirmed at $154,500 for Pin No. 13-30-24-23-0008.
Councilmember Saefke noted the minutes stated the value was assessed at $172,000 from
$190,000. He asked if the minutes were reflecting incorrect numbers.
Ms. Smith said the homeowner was looking at what taxes were being based on—that was the
January 2, 2009, estimated market value.
Pete Eisenzimmer, 6535 Oakley Drive, said this was a fair price. The assessor came out and
looked at his home and agreed that $154,500 would be a fair price. He asked when the Truth and
Taxation hearing would be.
Mayor Lund said that hearing would be the first meeting in December, or December 6.
Councilmember Saefke said each tax district has its own hearing and on December 6 only the
City taxes would be discussed. The County and School Board taxes would be discussed at a
different time.
Richard Pribyl, Finance Director, said this fall a Truth and Taxation statement will be mailed
out to residents with the different tax district meeting dates.
BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 26, 2010 PAGE 3
MOTION by Councilmember Saefke to affirm the value of the property at 6535 Oakley Drive,
Pin No. 13-30-24-23-0008, at $154,500. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
MOTION by Councilmember Barnette to close the Board of Appeals and Equalization Meeting.
Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING CLOSED AT 7:20 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
APRIL 26, 2010
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director
Fritz Knaak, City Attorney
PROCLAMATION:
Poppy Days — May 14 and 15, 2010
PRESENTATION:
Safe Kids — Car Seat Awareness.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization Meeting of April 12, 2010
APPROVED.
City Council Meeting of April 12, 2010
Councilmember Saefke asked on page 15 in the fifth paragraph to change stipulations to
conditions.
APPROVED WITH CORRECTION.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending the Fridley City Code, Chapter 4, Absentee
Ballot Board.
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 2
William Burns, City Manager, said Fridley adopted an ordinance providing for an Absentee
Ballot Board in 2006. The State has recently adopted State legislation pertaining to appointment
and duties of absentee ballot boards.
Dr. Burns said staff is recommending that Council modify its absentee balloting procedure in a
manner that defers to the new State law. Under the new legislation, all absentee ballots must be
counted at the City or County level rather than at the individual precincts. In 2010, the cities in
Anoka County will provide staff to count absentee ballots at the County level. We have been
told that the County will require absentee ballot counting to occur at the City level in 2012 and
beyond. Staff recommends Council's approval of the second reading.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1268 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
2. Claims (145792-145937).
APPROVED.
3. Licenses.
APPROVED AS SUBMITTED AND AS ON FILE.
4. ESTIMATES.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked for the estimates to be removed.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of the
estimates. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to Adopt the Agenda with the addition of the estimates.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 3
OPEN FORUM (VISITORS):
Councilmember Bolkcom said that on May 1 there will be a fundraiser at the Springbrook
Nature Center.
PUBLIC HEARING:
5. Consideration of Proposed Amendment to the Fridley City Charter, Chapter 4,
Nomination and Elections, Pertaining to date of Primary Election and Canvassing.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
7:55 P.M.
Deb Skogen, City Clerk, said in 2009, the U.S. Congress adopted the MOVE Act allowing for a
15-day e�tension for military and overseas voters to vote by absentee ballot. In response to the
federal legislation, the Minnesota Legislature adopted Minnesota Sessions Chapter 184 to allow
for the extension of absentee ballot voting and other changes.
Ms. Skogen said Minnesota Sessions Laws Chapter 184 amended the State Elections law as
follows:
• Moved the state Primary Election from September to August;
• Requires Creation of Absentee Ballot Boards to count the absentee ballots;
• Increased the number of days for absentee ballot voting; and
• Changed the canvassing time of the Elections from within two days to on the third
day of the Primary and from within seven days to between the third and tenth days
after the General Election to allow for the counting of absentee ballots by the
Absentee Ballot Board.
Based on the changes, staff drafted an amendment by ordinance and took the issue to the Charter
Commission for review.
Ms. Skogen said that on March 22, 2010, the Charter Commission unanimously approved the
amendment and recommended the amendment be forwarded to the City Council for adoption.
An amendment by ordinance requires a public hearing with notice published within one month of
receiving the proposed amendment. The public hearing notice was published in the Fridley Sun
Focus on April 1 and April 8.
Ms. Skogen said that the actual changes are:
Sub. 4.03
• Changing the date of the Primary Election from "On the first Tuesday after the
second Monday in September" to There shall be a primary election "on the date
established by State Law,"; and
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 4
Sub. 4.08
• Changing the canvassing for the Primary Election from within "2 days" to "on the
third day" after the Primary Election; and
• Changing the canvassing for the General Election from "within 7 days" to
"between the third and tenth" calendars days.
Staff recommends holding the public hearing on the ordinance.
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
8:10 P.M.
OLD BUSINESS:
6. Second Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the
Fridley City Code, Defining Licensed Organizations (Tabled April 12, 2010)
Richard Pribyl, Finance Director, said in December of 2009, the Mayor brought concerns from
some of the Fridley organizations who want to conduct charitable gambling, but can't seem to
find a location in the City, nor in neighboring cities. Staff surveyed eight cities and found seven
cities had restrictive language requiring organizations to be located within the city. Based on
these concerns, staff discussed the issue with the City Attorney and the City Council and
prepared an ordinance for their review in February. After further discussion with the City
Council and City Attorney, staff made a few more revisions to the ordinance.
Mr. Pribyl said the City Council held the first reading on March 29, 2010, and directed staff to
notify the liquor establishments and current gambling organizations of the proposed changes.
Letters were mailed out on March 30, 2010 to all liquor establishments and to the organizations
currently conducting lawful gambling within the City.
Mr. Pribyl said the City Council reviewed the ordinance on April 12, 2010, and took additional
information from the public. Shawn Donahue, Spring Lake Park (SLP) Lions read a letter
opposing the ordinance and providing information about past donations to the City. If anything,
they would like to see an exemption added to the ordinance for charitable organizations that
might directly or primarily benefit the citizens of Fridley without being a local organization.
Mr. Pribyl said Wendy Nelson from the SLP Youth Hockey Association said that 10% of their
membership comes from Fridley because it is an older community and there are fewer young
people. They donate to the high schools for boys and girls hockey. They are concerned because
they just signed a lease with Broadway Pizza and due to the lower membership of Fridley
residents, they may not be able to stay. Mike Schrauth, Broadway Pizza, had interviewed four
organizations and chose an organization that had membership within three to five miles of his
establishment to bring in more business. He said in the years he has been at Broadway, he had
not received one call from a Fridley organization wondering if he might be interested in another
organization. He said Fridley Parks and Recreation had already asked SLP Youth Hockey
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 5
Association for a donation for warming houses. He said he did not think the membership would
change unless the City got more involved in the ice rinks and providing warming houses.
Robert McNeal, Fridley American Legion, was concerned that the City has changed the 50% of
expenditures in the trade area to 75% and was concerned that they and the VFW may not be able
to support veteran's causes.
Tom Myhra of the Fridley School Foundation and they are still discussing whether or not they
would like to get into the charitable gambling business.
Mr. Pribyl said staff recommends removing the ordinance from the table and holding a second
reading of the ordinance.
MOTION by Councilmember Bolkcom to remove this item from the table. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE ITEM WAS REMOVED FROM THE
TABLE.
Mayor Lund noted that because one member was absent at the last meeting, this item was
tabled, as a unanimous decision is needed.
Shawn Donahue, Spring Lake Park Lions, asked if there could be an amendment to limit the
area to the school district. He asked if that could be legally done.
Mayor Lund said to put in a waiver for school districts was not a bad idea.
Fritz Knaak, City Attorney, said that there are limitations in terms of the State Statue. Doing
what is being proposed in this ordinance is pushing the envelope, but it is allowable. If you try
to bring the ordinance outside of the city, it may become difficult.
Mayor Lund asked about the City of Blaine and creating a waiver by location.
Attorney Knaak said that Council can waive any requirement.
Mayor Lund said he is open to having a level playing field with other cities. Currently there are
only six licenses. Fridley does not have a lot of businesses. Council is not trying to be overly
restrictive to organizations.
Mr. Donahue said that his organization donates a lot of funds to the schools.
Councilmember Bolkcom asked if anyone talked to the City of Blaine.
Mr. Pribyl said that staff has reviewed their ordinance and their ability to allow an exemption
but it does not say it carries on to the next business.
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 6
Councilmember Bolkcom said it makes sense to put criteria in the ordinance.
Attorney Knaak said with the language in the ordinance, the idea is preference for Fridley
organizations and it must be stated so. If preference was created to Fridley organizations it
would make sense to have that be an ongoing preference. If no Fridley organization were
available and an establishment wants someone to come in, they may come in at the sufferance of
the City until a Fridley organization would want it. Council could waive this option without this
language in specific situations. Technically Council has the right to do that which may create a
situation where someone would consider an enforceable right to renewal and Council may find
them in a court case.
Mayor Lund said he would have a problem with waiving an outside Fridley organization and
later allow an opening for a Fridley organization. It would be unfair and difficult to do that.
Councilmember Barnette thought it should be that way, to grant an exception. For example if
the Spring Lake Park Lions wanted to come in, they could do that because they do a lot with the
school district. They would have to understand that if they got an exception and a Fridley
organization meets the criteria, the Spring Lake Park organization would have to be out. The
ordinance would give Council the right to make that decision.
Councilmember Bolkcom said did not understand the when the organization's license would
expire.
Attorney Knaak said there is nothing to prevent Council from going to any licensed
organization to say when the renewal license is up, they will not get renewed.
Deb Skogen, City Clerk, said the time would be changed from biannual to perpetual. The
organization has to sign a lease with the establishment and the agreement is tied to the lease, not
with the license.
Mayor Lund said that would be a problem because Council has no control over the lease.
Attorney Knaak said that is correct, Council only has control over the license.
Mr. Donahue said his leases are perpetual and there is a 30-day out clause by either party.
Mayor Lund asked if there could be a waiver that is site specific if the City has openings.
Councilmember Bolkcom asked how that would help an organization that does not have a
license.
Ms. Skogen said in the past, there has only been one establishment that has changed which was
Broadway Pizza. They should check with the City Clerk first to see if anyone has expressed an
interest and if they are interested the City could provide the names.
Mayor Lund said he did not see this as a big issue.
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 7
Councilmember Bolkcom asked how Council would be helping the establishments because it
would not go back to the original objective.
Mayor Lund said that if new ownership came in it would allow changes.
Councilmember Bolkcom said that the ordinance needed to have more details.
Ms. Skogen said that names have been provided in the past if some were known but the City is
not called often because they know someone or have another establishment to bring in.
Councilmember Barnette said he is in favor of the ordinance, but it should have a restriction
upon renewal if a Fridley organization is there, because he would be in favor of giving the
license to a Fridley organization.
Councilmember Bolkcom asked if another organization not in Fridley gives back to the
community financially if they would still have to give up the license when the renewal is up.
Councilmember Barnette said yes.
Councilmember Bolkcom said she agreed and thought this should connect with the liquor
license.
Councilmember Varichak said she agreed with Councilmember Barnette's recommendation.
Councilmember Bolkcom suggested this be tabled until the next meeting so staff can come
back with the correct language.
Mr. Donahue wanted to reiterate that his organization gives back to the school district, which
benefits Fridley, even though they are a Spring Lake Park organization.
Mayor Lund noted his request but said that the legal opinion says that it is not possible to tie
this to the school district.
Attorney Knaak said the reason for this restriction is to provide greater supervision and control
over ordinances. If the boundaries are stretched, there would be a question about the premise of
the ordinance.
Councilmember Barnette said he has no problem with another group coming in, but Fridley
organizations should be given first choice.
Robert McNeil, Fridley American Legion, said he has a concern with the 50% to 75%. This
will reduce donations.
Councilmember Bolkcom asked what other communities were doing. She said she thought
some were 100%.
Mayor Lund said that the American legion and the VFW want to give to the greater cause so it
would be advisable to continue with the flexibility.
FRIDLEY CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 8
Attorney Knaak said that if the purpose is local and it is in fact a local expenditure.
MOTION by Councilmember Bolkcom to table the Second Reading of an Ordinance Amending
Chapter 30, Lawful Gambling, of the Fridley City Code, Defining Licensed Organizations.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Estimates.
Councilmember Bolkcom asked what the amount was for.
William Burns, City Manager, said he thought it covered the change order but noted that this
could be tabled until the next meeting and he would bring forth more information.
MOTION by Councilmember Bolkcom to table the estimates until May 10, 2010. Seconded by
Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
NEW BUSINESS:
7. Informational Status Reports.
Councilmember Barnette said that the Annual StarGazers event will be held Saturday, May 8.
Councilmember Varichak said that she attended the Historical Society lasagna dinner. About
130 people attended and it was a great event. She said they are looking for younger people to get
involved with this organization to carry on the tradition.
Councilmember Saefke said this Saturday there is a shredding day for residents who have
documents to shred.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:10 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
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To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
May 10, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
May 5, 2010
First Reading on Proposed Amendment to Fridley City Charter Chapter 4.
Nominations and Elections, pertaining to Date of Primary Election and Canvassing
In 2009, the United States Congress adopted new legislation requiring a period of 45 days for
absentee ballot voting for the military and overseas voters. In Minnesota, we have required a
period of 30 days. To accommodate this law the Minnesota State Legislature adopted legislation
which the Governor signed into law in February as MN Chapter 184. This legislation moves the
date of the State Primary Election from September to August as well as some other election
administration issues, including absentee ballot voting and canvassing election returns.
Staff brought the information to the Charter Commission for their review. On March 22, 2010,
the Charter Commission unanimously approved an amendment by ordinance.
MN Statute 410 requires a public hearing notice to be published within one month of receiving
the proposed amendment and the notice must contain the text of the proposed amendment. A
public hearing notice, as shown in Attachment 1, was prepared and was published in the Fridley
Sun Focus on April 1 and 8, 2010. The public hearing was held on April 26, 2010. The
ordinance must be approved by a unanimous vote of the City Council to become enacted.
Staff recommends holding the first reading on an ordinance proposing to amend Chapter 4 of the
Fridley Charter Pertaining to Primary Elections.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER
PERTAINING TO PRIMARY ELECTIONS
The Fridley Charter Commission and City Council of the City of Fridley hereby finds, after review,
examination and recommendation of staff, that the Fridley City Charter be hereby amended as follows:
FRIDLEY CITY CHARTER
CHAPTER 4. NOMINATIONS AND ELECTIONS
Section 4.03. PRIMARY ELECTIONS.
nr +�,o �,-�+ -r„o�,a.,� .,�o,- +�,o �o r,a na„r,a.,� r co�+o,,.�.o,- ��ere sha11 be a primary election, on the date
established by Minnesota State Law, for the selection of two (2) nominees for each elective office at the
regular municipal election, unless only two (2) nominees file for each elective office. Primary municipal
elections sha11 be held every even numbered year, if necessary.
Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE.
If more than two candidates filed for office, the Council � must meet and canvass the primary election
retums �T ;*'�;r *�T ��'" on the third calendar days after any primary election. The two candidates for each
office who receive the highest number of votes shall be nominees for the office named. Their names shall be
certified by the city clerk to the county auditor who sha11 place them on the municipal general election ballot
without partisan designation. The Council shall meet and canvas the general (regular) election or special
election retums �T ;*'�;r �°� °r �'" between the third and tenth calendar days after any regular or special
election, sha11 make full declaration of the results, and file a statement thereof with the City Clerk. Said
statement sha11 be made a part of the minutes. This statement sha11 include: (a) the total number of good
ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a
declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of
election; and (fl such other information as may seem pertinent. The City Clerk shall forthwith notify all
persons elected of the fact of their election, and the persons elected sha11 take office at the time provided for
by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. (Ref.
Ord. 1252)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF
2010.
Scott J. Lund, Mayor
Atte st:
Debra A. Skogen, City Clerk
Public Hearing: Apri126, 2010
First Reading: May 10, 2010
Second Reading:
Publication:
PLANNING COMMISSION MEETING
Apri121, 2010
Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m.
MEMBERS PRESENT: Leroy Oquist, David Kondrick, Dean Saba, Jack Velin, and Brad Sielaff
MEMBERS ABSENT: Brad Dunham and Marcy Sibel
OTHERS PRESENT: Stacy Stromberg, Planner
A1 Hunter, WESCO Distribution
Ron Rasmussen, WESCO Distribution
Jim Faulkner, Faulkner Construction
Bruce Clark, for the Assisted Living Facility
Jon Bauer, for the Assisted Living Facility
Mike Praff, 1341 64t'' Avenue, Fridley
Laurel Tracy, 6701 Channel Road, Fridley
Approval of Minutes: March 17, 2010
MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner
Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Special Use Permit, SP #10-07, by Wesco Distribution, to allow limited
outdoor storage on the property, generally located at 515 Industrial Boulevard NE.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02
P.M.
Stacy Stromberg, Planner, stated the petitioner, Joe Zagorski, of WESCO Distribution, is seeking a
special use permit to allow limited outdoor storage for the electrical supply business, which is located at
5151 Industrial Boulevard NE. The petitioner is requesting to store PVC conduit, metal guide wire, and
outdoor pad transformers in a 73-foot by 98-foot enclosed storage area in the rear yard of the property.
Ms. Stromberg stated the property is zoned M-2, Heavy Industrial as are all the surrounding properties.
It is located on the corner of Industrial Blvd. and 52"d Way in the Great Northern Industrial District south
of Interstate 694. The property was developed in 1989, with a 17,000 square foot office warehouse
building.
Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to
50 percent of the building footprint with a special use permit. The building's square footage is 17,081
square feet, so City code would allow up to 8,540 square feet of outdoor storage on this site. The
petitioner is planning to pave a 73 foot by 98 foot (7,154) area on the east side of the e�sting building,
which will be the confines of the outdoor storage area. The outdoor storage area will be enclosed with an
8-foot chain link fence with vinyl privacy slats and 3 strands of barbed wire, which is allowed in this
zoning district. Along with the screening fence, the petitioner also plans to install six new pine trees, to
help provide better screening. The storage area will be used for storage of PVC conduit, metal guide
wire, outdoor pad transformers, and other materials used for the electrical supply business. This 7,154
square foot outdoor storage area is 83 percent of the allowable outdoor storage space allowed for this
property.
Ms. Stromberg stated City code requires that the business have 19 parking stalls based on the breakdown
of uses within the building. The site plan submitted by the petitioner shows 44 parking stalls. Therefore,
the property is in compliance with meeting the parking requirements.
Ms. Stromberg stated the removal of green space to construct the outdoor storage area will require the
petitioner to obtain a land alternation permit and meet any storm water requirements set forth by the City
engineering department. The petitioner is aware of this requirement.
Ms. Stromberg stated the proposed site plan meets all other code requirements for limited outdoor
storage. City staff has not heard from any neighboring property owners.
Ms. Stromberg stated City staff recommends approval of this special use permit, with stipulations.
Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided
specific code requirements are met, subject to stipulations.
Ms. Stromberg stated staff recommends that if the special use permit is granted, the following
stipulations be attached:
1. No outdoor storage other than the proposed enclosed area shall exist on the site without
an additional special use permit being approved.
2. The petitioner shall submit storm water drainage/ponding plans to the City's engineering
department for review and approval with land alteration permit.
3. Installation of new pine trees shall be completed by October 31, 2010.
4. The types of materials stored outside shall be reviewed by the Fire Marshal.
5. Per Section 205.OS.S.G, this Special Use Permit will become null and void one year after
the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
Commissioner Sielaff asked whether there were restrictions as to what can be stored outside?
Ms. Stromberg replied, yes, there are. The City code doesn't allow, i.e. semi-trailers to be stored outside
in this zoning district. The code also requires that Fire Marshall approve materials stored outside because
he does not want anything to become combustible when it's in close proximity to the building.
Commissioner Velin asked whether it is necessary for the petitioner to put the trees in, or is that an
option he decided to do?
Ms. Stromberg replied, the City Code does require a combination of fencing and landscaping be used to
screen the outdoor storage area. The petitioner proposed to install the trees without the City even asking
them to do so.
Chairperson Kondrick asked the petitioner whether they have any problem with the stipulations?
Ron Rasmussen, Wesco Distribution, replied, no.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Velin.
2
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:08
P.M.
Chairperson Kondrick stated he has no problem with this.
Commissioner Saba stated he did not either.
MOTION by Commissioner Sielaff approving Special Use Permit, SP # 10-07, by Wesco Distribution, to
allow limited outdoor storage on the property, generally located at 515 Industrial Boulevard NE with the
following stipulations:
1. No outdoor storage other than the proposed enclosed area shall exist on the site without
an additional special use permit being approved.
2. The petitioner shall submit storm water drainage/ponding plans to the City's engineering
department for review and approval with land alteration permit.
3. Installation of new pine trees shall be completed by October 31, 2010.
4. The types of materials stored outside shall be reviewed by the Fire Marshal.
5. Per Section 205.OS.S.G, this Special Use Permit will become null and void one year after
the City Council approval date if work has not commenced or if the Petitioner has not
petitioned the City Council for an extension.
Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING
Consideration of a Master Plan Amendment, MP #10-01, by Jim Faulkner, Faulkner
Construction, Inc., to allow the construction of an assisted living facility on 2 vacant lots,
generally located at 6352 Central Avenue and 1271 East Moore Lake Drive NE.
Ms. Stromberg stated Jim Faulkner of Faulkner Construction, Inc. is requesting a master plan
amendment for the properties located at 6352 Central Avenue and 1271 East Moore Lake Drive, which
are currently owned by the City's Housing and Redevelopment Authority (HRA). The Planning
Commission and City Council will recall in 2004, Town Center Development was granted a rezoning for
the west side of Central Avenue between Mississippi Street and E. Moore Lake Drive to S-2,
Redevelopment District. The purpose of rezoning the entire block was to avoid spot zoning and to
achieve one of the goals of the 1998 Comprehensive Plan, which was to consider redevelopment
opportunities of the properties on Central Avenue between Rice Creek Road and Mississippi Street.
Ms. Stromberg stated when any property is rezoned to S-2 Redevelopment District, it requires that the
accompanying site plan become the master plan for the site. Once the rezoning is approved by the City
Council, any modification to that originally approved master plan would require a Master Plan
Amendment. These properties were not part of the site plan that was originally approved with the 2004
rezoning, because that site plan was specifically for the Sandee's and Tamarisk redevelopment project;
however, because the subject properties are zoned S-2, Redevelopment District, any changes to the
properiy requires review and approval by the Planning Commission and City Council.
Ms. Stromberg stated the Housing and Redevelopment Authority will hold a public hearing to authorize
the sale of the land to the petitioner on May 6, 2010. At this time, they will also further review the
petitioner's site plan.
Ms. Stromberg stated the HRA purchased these properties in the spring of 2000 as part of one of the
goals set out in the 1998 Comprehensive Plan, which was to help spur development along Old Central
Avenue. Both properties in their current condition are not buildable due to poor soil conditions. As part
of the petitioner's plan to develop the properties, extensive soil corrections will need to be completed. As
stated above the HRA will hold a public hearing on May 6, 2010, to consider selling the land to the
petitioner.
Ms. Stromberg stated Jim Faulkner, with Faulkner Construction, is proposing to redevelop the properties
at 6352 Central Avenue and 1271 East Moore Lake Drive with a two-phase project. Phase I of the project
will include the construction of a 25,584 square foot building, and will house a forty-unit assisted living
and memory care facility, located on the property along Central Avenue. Eighteen seniors will reside in
the assisted living wing and twenty-two seniors will reside in the memory care wing. Each wing will
have dining and leisure time space as well as support services, such as office space, common toilet rooms
with showers, personal care and laundry.
Ms. Stromberg stated Phase II will be located on the East Moore Lake Drive property and will be
connected to the Phase I building though a breezeway. It is a 10,126 square foot building, which will
include 19 additional memory care resident rooms and support services. Dining for the residents will be
within this building and the food will be prepared in the Phase I kitchen. Construction of the Phase II
project will depend upon the occupancy level of the Phase I building.
Ms. Stromberg stated the size of the units within Phase I will range from 299 square feet to 452 square
feet, Phase II will consist of 299 square foot units only.
Ms. Stromberg stated the buildings will each be one story with pitched roofs, composite lap siding and
stone veneer. Phase I will include 21 surface parking stalls and Phase II will include 10 parking stalls.
The petitioner has recently submitted the grading and drainage plans for both sites, to determine the best
solution to manage the storm water on the site. Landscape plans have been provided for the subject
properties and will include a variety of tree species, as well as shrubs and perennial plantings.
Ms. Stromberg stated a property that is zoned S-2, Redevelopment District allows for some degree of
flexibility when designing a redevelopment project. The petitioner has designed their project to comply
with code requirements.
Ms. Stromberg stated the proposed Phase I project area is 66,019 square feet (1.5 acres) in size. The
25,584 square foot building will take up 39 percent of the lot. The proposed Phase II project area is
37,245 square feet (.86 acres) in size. The 10,126 square foot building will take up 27 percent of the lot.
R-3 zoning standards allows up to 20 percent of lot coverage for main buildings and not more than
30 percent by main building and accessory buildings. G1 zoning standards allow 40 percent lot coverage
for one-story buildings. Since the two buildings will be connected to one another, staff will require that
the two lots be combined prior to building permit approval. Once the lots have been combined, total lot
coverage for the entire project will be 34 percent. Because an S-2 zoning allows some fle�bility for
redevelopment projects, staff is comfortable with the lot coverage's proposed by the petitioner, provided
they can still properly manage their storm water runoff on-site.
Ms. Stromberg stated national and regional developments trends for assisted living and memory care
appear to point to a lesser lot size requirement. Though well-maintained landscaped grounds are essential
to project appeal and resident enjoyment, the size of the lot in this situation can be smaller because
0
the opportunity for residents to participate in larger scale outdoor activities on the grounds is much
smaller. Also, less land is required because of the fact that the residents typically do not have cars, nor do
they drive. Therefore, there is a lower standard for the number of parking stalls required and less land
area to accommodate that automobile use.
Ms. Stromberg stated City Code would require 20 parking stalls for Phase I and 10 parking stalls for
Phase II, based on parking ratios used for assisted living facilities and nursing homes. The petitioner is
providing 21 parking stalls on Phase I and 10 stall on Phase II, therefore; meeting code requirements.
Ms. Stromberg stated the petitioner is requesting a Master Plan Amendment because the property is
zoned S-2, Redevelopment district. When the property was rezoned in 2004, a master plan was approved
for the Sandee's and Tamarisk site. That master site plan was not related to the subject properties, but
because the properties are zoned S-2, Redevelopment district; the City code requires that any
development on the properties become a Master Plan though the site plan submitted. Therefore, the
petitioner is seeking the master plan amendment.
Ms. Stromberg stated if the Master Plan Amendment being discussed in this report is approved by the
City Council, it should be noted that any major modification of the site plan would again be required to
go back to the City Council for review and approval.
Ms. Stromberg stated the City's Zoning Ordinance and official Zoning Map are the mechanisms that
help the City achieve the vision laid out in the Comprehensive Plan. The subject properties are identified
in the 2030 Comprehensive Plan to be within one of the "potential redevelopment areas." Those
redevelopment areas were developed based upon community input at neighborhood planning meetings
and staff recommendations. Redevelopment is a form of community revitalization that transforms
undesirable elements of a site into desirable elements that reflect the community's collective plan.
Ms. Stromberg stated the proposed assisted living/memory care senior project meets several of the
objectives that the residents of Fridley identified in the visioning sessions for the 2030 Comprehensive
Plan update. One of the goals identified through those meetings and the telephone survey was to
"Maintain Fridley as a desirable place to live." Ways to accomplish that goal are to provide more
housing diversity and to make Fridley a place where the aged can stay. Only about 8 percent of Fridley's
housing is of the town home or condominium structure type, yet 23 percent 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 (no yards/house exterior care), more types of senior housing needs to be
constructed. The Comprehensive Plan identifies that the types of senior housing to consider are one-level
town homes, independent living, assisted living, nursing home/memory care facilities.
Ms. Stromberg stated the subject properties are within the "Moore Lake Area" redevelopment area that
is generally located along Highway 65 and East Moore Lake Drive and Central Avenue between
Mississippi Street and Rice Creek Road. The Economic and Redevelopment Plan chapter in the 2030
Comprehensive Plan, states that the City should continue to pursue high density senior housing in this
area due to the demand for this type of housing in Fridley. Though the proposed use is not "high-density
senior housing," it is a type of senior housing that the City is in need of.
Ms. Stromberg stated the purpose of redevelopment is to provide the opportunity for more efficient land
uses and eliminate inefficient land uses and under-utilized parcels. Redevelopment can also provide an
opportunity to meet current market demands and desires of the community, creates new tax base, and
creates additional job opportunities. Developing these two parcels with an assisted living/memory care
facility will not only meet current market demands, it will create additional jobs, generate new tax base
and spur vitality on these otherwise vacant under-utilized parcels.
Ms. Stromberg stated the petitioner had a market study done and it indicates a substantial need within the
community for this type of housing. As a result, the petitioner is coming to the City with the proposed
proj ect.
Ms. Stromberg stated the petitioner has articulated to staff that there are very few residents within the
assisted living facility that have vehicles and residents within the memory care wing, don't drive. Staff
learned last year based on a study that was provided by Select Senior Living, that according to the ITE
manual, studies have shown that less than 5 percent of residents in an assisted living facility own vehicles,
and if they do, they are rarely driven. Employees, visitors, and delivery trucks make up most of the trips
to this facility. The ITE manual also points out that the "peak hour" generator typically doesn't coincide
with the "peak hour" of the adjacent street traffic for an assisted living facility. This is primarily related
to the shifts of the employees beginning at 7:00 a.m., 3:00 p.m., and 11:00 p.m. The typical peak hours
on most roadways are between 6:00-7:00 a.m. and 3:00-4:00 p.m. The proposed Phase I and II project
will include 59 total units, which should overall generate very little traffic.
Ms. Stromberg stated with any development, the City requires that the petitioner submit a code
compliant landscape plan. The petitioner has submitted that plan, which shows the installation of 40 new
trees on the Central Avenue lot and 21 new trees on the East Moore Lake Drive lot. In addition to the
trees, shrubs and perennial plants are planned to be installed on both properties. With that said, it should
be pointed out that all of the existing trees will be removed from the site. Due to the organic soils on the
site, it is estimated that 13 feet of soils will need to be removed from both sites and new clean soils will
need to be hauled in. This is at a cost of no less than $500,000.
Ms. Stromberg stated the petitioner has recently submitted their grading and drainage plans to the City's
engineering department for review. It is staffs understanding that the plans have been submitted to the
Rice Creek Watershed District for their review as well.
Ms. Stromberg stated before building permits can be issued, the petitioner will need to comply with all
requirements set forth by the City's engineering department as well as the Rice Creek Watershed.
Ms. Stromberg stated City Staff recommends approval of Master Plan Amendment, MP # 10-01 with
stipulations as it:
• Provides housing opportunities for Fridley seniors.
• Provides additional job opportunities.
• Proposed use meets the goals highlighted in the 2030 Comprehensive Plan.
Ms. Stromberg stated staff recommends that if the Master Plan Amendment is approved, the following
stipulations be attached:
1. The property shall be developed in accordance with the architectural site plan A1 dated
, 2010.
2. The building elevations shall be constructed in accordance with architectural plan A3.1,
A32, titled Exterior Elevations, dated , 2010.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the proposed monument sign is 10 ft. from the property
line and driveway, meets vision safety regulations and shall obtain all necessary permits
for signage erected on site.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
�
7. The petitioner shall preserve or relocate newly landscaped planter bed on the 1271 East
Moore Lake Drive parcel.
8. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
9. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
10. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
11. Storm water management maintenance agreement shall be filed with the City prior to
issuance of building permits.
12. The petitioner shall obtain any required NPDES Permits.
13. Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
14. The petitioner shall combine the parcels at 6352 Central Avenue and 1271 East Moore
Lake Drive for tax purposes and to allow the proposed development to occur over both
lots.
15. If the proposed development is modified to be used for units other than assisted living
and memory care units, a master plan amendment will need to be obtained.
16. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to the May 10,
2010, City Council meeting.
Chairperson Oquist asked, regarding Phase II, it that actually behind Ziebart or on the west side of
Ziebart?
Ms. Stromberg replied, yes, it is on the west side of the Ziebart property.
Chairperson Kondrick asked whether the breezeway connecting Phase I and Phase I is a covered
breezeway or it just a walkway?
Ms. Stromberg replied, it is an enclosed covered breezeway.
Commissioner Sielaff stated they are going to have to excavate 13 feet of soil from both sites. It will
probably be a lot more than $500,000. Have they costed it out?
Ms. Stromberg replied, she thinks there have been studies done and those are their preliminary numbers,
but the petitioner would be able to answer that question.
Commissioner Sielaff asked what does the storm water management maintenance agreement consist of?
Ms. Stromberg replied our City Engineer requests this stipulation, but she believes it has something to
do with making sure the pond is maintained over time. Sometimes it needs to be trenched out, cleaned
out, and we need to have that kind of information filed here at City Hall.
Commissioner Sielaff asked whether they will have storm water pond on the site?
Ms. Stromberg replied, they may or may not. Depending on how they choose to manage their storm
water.
Commissioner Sielaff asked whether it could be something where the storm water runoff would run off
the site?
7
Ms. Stromberg replied, no, it needs to be managed on the site.
Commissioner Sielaff asked if there is a certain size that is necessary?
Ms. Stromberg replied, yes, there is, it depends on how much hard surface is on site.
Jim Faulkner, Faulkner Construction, stated to clarify regarding the storm water, their engineers are
waiting for feedback from Rice Creek. There will have a combination of subterranean drainage, some on-
site rain gardens, and a pond. It will meet all standards. Also, the link from Phase I to Phase II is fully
heated with windows.
Chairperson Kondrick replied whether they had any problems with the stipulations?
Mr. Faulkner replied, no, they have no problems with the stipulations. This is the seventh assisted living
development for them and they have been wanting to come to Fridley for a long time.
Chairperson Kondrick stated the City has had similar projects come to them and for one reason or
another, the economy, etc. did not go through. He was curious whether the petitioner's dollars are there
for them to complete at least the first phase?
Mr. Faulkner replied that is a very valid and a very good question. Having had the experience of
developing and building 7 facilities so far and ownership of 5 of the 7, not only through this type of multi-
unit design and construction, having the ownership and operation of the same building type, they have
learned a lot going through the process and there is county assistance available for a lot of the residents.
Their market study showed a current need in 2009 for about 65 residents and in 2013 over 90 residents.
He looked at the other applications in the area, and it appears to him there were two things he thinks that
caused them difficulty. No. 1 they were pretty large facilities and, No. 2, the trouble was the location.
They found that these facilities on busy streets tend to do better.
Chairperson Kondrick asked when would they want to start shoveling?
Mr. Faulkner replied, they are hoping the last week of May.
Commissioner Velin asked the petitioner whether they will be running it?
Mr. Faulkner replied, they will build it and they have a management company to run it.
Commissioner Oquist asked whether he understood him correctly they have 7 others?
Mr. Faulkner replied, yes, they have constructed seven of these types of developments, he has part
ownership in five, and recently sold four to concentrate on one facility. They sold their interest to a
partnership group. He built his first facility in Hugo. They also have ones in White Bear, North Branch,
Maplewood, Hinckley, and Blaine.
Commissioner Oquist asked if the one in Blaine is on Highway 65, is the one-story facility?
Mr. Faulkner replied, yes.
Commissioner Sielaff asked whether the City has heard from any neighbors?
Ms. Stromberg replied, they have not received any comments from any neighbors.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:34
P.M.
Chairperson Kondrick stated he has no problem with this and the City and petitioner have done a great
job. The City needs this.
Chairperson Oquist stated he has no problem with this.
Chairperson Velin stated he is okay with it.
Chairperson Oquist asked whether the northern boundary abuts the old Sandee's lot?
Ms. Stromberg replied, no, there is another parcel in between (Advanced Companies).
MOTION by Commissioner Saba approving the Master Plan Amendment, MP #10-01, by Jim Faulkner,
Faulkner Construction, Inc., to allow the construction of an assisted living facility on 2 vacant lots,
generally located at 6352 Central Avenue and 1271 East Moore Lake Drive NE with the following
stipulations:
1. The property shall be developed in accordance with the architectural site plan A1 dated
, 2010.
2. The building elevations shall be constructed in accordance with architectural plan A3.1,
A32, titled Exterior Elevations, dated , 2010.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the proposed monument sign is 10 ft. from the property
line and driveway, meets vision safety regulations and shall obtain all necessary permits
for signage erected on site.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
7. The petitioner shall preserve or relocate newly landscaped planter bed on the 1271 East
Moore Lake Drive parcel.
8. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
9. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
10. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
11. Storm water management maintenance agreement shall be filed with the City prior to
issuance of building permits.
12. The petitioner shall obtain any required NPDES Permits.
13. Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
14. The petitioner shall combine the parcels at 6352 Central Avenue and 1271 East Moore
Lake Drive for tax purposes and to allow the proposed development to occur over both
lots.
15. If the proposed development is modified to be used for units other than assisted living
and memory care units, a master plan amendment will need to be obtained.
�
16. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to the May 10,
2010, City Council meeting.
Seconded by Commissioner Velin.
3. Receive the Minutes of the March 9, 2010, Environmental Quality and Energy Commission
Meeting.
MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the March 1, 2010, Parks & Recreation Commission Meeting.
MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the Minutes of the February 4, 2010, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Saba to receive the minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg stated the next meeting is May 19, 2010.
ADJOURN
MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:38 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
10
�
�
CfTY OF
Ff�IDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 10, 2010
Date: April 27, 2010
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Special Use Permit Request, SP #10-07, WESCO Distribution at 5151
Industrial Blvd. NE
INTRODUCTION
The petitioner, Joe Zagorski, of WESCO Distribution,
is seeking a special use permit to allow limited
outdoor storage for the electrical supply business,
which is located at 5151 Industrial Boulevard NE.
The petitioner is requesting to store PVC conduit,
metal guide wire, and outdoor pad transformers in
a 73 ft. by 98 ft. enclosed storage area in the rear
yard of the property.
City Code allows limited outdoor storage in the
industrial districts that is up to 50% of the building
footprint with a special use permit. The buildings
square footage is 17,081 square feet, so City code
would allow up to 8,540 sq. ft. of outdoor storage
on this site. The petitioner is planning to pave a 73
ft. by 98 ft. (7,154) area on the east side of the
existing building, which will be the confines of the
outdoor storage area. The outdoor storage area
will be enclosed with an 8 ft. chain link fence with
vinyl privacy slats and 3 strands of barbed wire,
which is allowed in this zoning district. Along with
the screening fence, the petitioner also plans to
install six new pine trees, to help provide better
screening. This 7,154 sq. ft. outdoor storage area is
83% of the allowable outdoor storage space
allowed for this property.
PLANNING COMMISSION RECOMMENDATION
At the April 21, 2010, Planning Commission meeting, a public hearing was held for SP #10-07. After a
brief discussion, the Planning Commission recommended approval of special use permit, SP #10-07, with
the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. No outdoor storage other than the proposed enclosed area shall exist on the site without an
additional special use permit being approved.
2. The petitioner shall submit stormwater drainage/ponding plans to the City's engineering
department for review and approval with land alteration permit.
3. Installation of new pine trees shall be completed by October 31, 2010.
4. The types of materials stored outside shall be reviewed by the Fire Marshal.
5. PerSection 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.
City of Fridley Land Use Application
SP #10-07
GENERAL INFORMATION
Applicant:
WESCO Distribution
Joe Zagorski
185 Thorn Hill Road
Warrendale, PA 15086-7544
Requested Action:
Special Use Permit to allow limited outdoor
storage.
Existing Zoning:
M-2 (Heavv Industrial)
Location:
5151 Industrial Blvd. NE
Size:
111,461 sq. ft. 2.56 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-2
E: Industrial & M-2
S: Industrial & M-2
W: Industrial & M-2
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.01.C.12 requires a special use
permit to allow limited outdoor storage.
Zoning History:
1969 — Lot is platted
1989 — Existing building is constructed.
Legal Description of Property:
Lot 3, Block 10, Great Northern Industrial
Center Fridley, subject to easement of
record.
Public Utilities:
Building is connected.
Transportation:
The property is accessed from Industrial
Blvd.
Physical Characteristics:
Building, hard surface and parking areas and
landscaping.
April 21, 2010
SPECIAL INFORMATION
SUMMARY OF PROJECT
The petitioner, Mr. Zagorski is seeking a special use
permit to allow limited outdoor storage of PVC
conduit, metal guide wire, and some outdoor pad
transformers within a fenced in area in the rear yard
of the property located at 5151 Industrial Blvd NE.
SUMMARY OF ANALYSIS
City Staff recommends approval of this special use
permit, with stipulations.
Limited outdoor storage is a permitted special use
in the M-2, Heavy Industrial zoning district,
provided specific code requirements are met,
subiect to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — May 10, 2010
60 Day — May 17, 2010
Aerial of Subject Property
Staff Report Prepared by: Stacy Stromberg
SP #10-07
RE UEST
The petitioner, Joe Zagorski, of WESCO
Distribution, is seeking a special use permit to
allow limited outdoor storage for the electrical
supply business, which is located at 5151 Industrial
Boulevard NE. The petitioner is requesting to store
PVC conduit, metal guide wire, and outdoor pad
transformers in a 73 ft. by 98 ft. enclosed storage
area in the rear yard of the property.
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy Industrial as are
all the surrounding properties. It is located on the
corner of Industrial Blvd. and 52nd Way in the Great
Northern Industrial District south of Interstate 694.
The property was developed in 1989, with a 17,000 square foot office warehouse building.
City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building
footprint with a special use permit. The buildings square footage is 17,081 square feet, so City code
would allow up to 8,540 sq. ft. of outdoor storage
on this site. The petitioner is planning to pave a 73
ft. by 98 ft. (7,154) area on the east side of the
existing building, which will be the confines of the
outdoor storage area. The outdoor storage area
will be enclosed with an 8 ft. chain link fence with
vinyl privacy slats and 3 strands of barbed wire,
which is allowed in this zoning district. Along with
the screening fence, the petitioner also plans to
install six new pine trees, to help provide better
screening. The storage area will be used for
storage of PVC conduit, metal guide wire, outdoor
pad transformers, and other materials used for the
electrical supply business. This 7,154 sq. ft.
outdoor storage area is 83% of the allowable
outdoor storage space allowed for this property.
City code requires that the business have 19
parking stalls based on the breakdown of uses
within the building. The site plan submitted by the
petitioner shows 44 parking stalls. Therefore, the
property is in compliance with meeting the parking
requirements.
The removal of green space to construct the
outdoor storage area will require the petitioner to
obtain a land alternation permit and meet any
storm water requirements set forth by the City engineering department. The petitioner is aware of this
requirement.
The proposed site plan meets all other code requirements for limited outdoor storage.
City staff hasn't heard from any neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of this special use permit, with stipulations.
Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided
specific code requirements are met, subject to stipulations.
STIPULATIONS
Staff recommends that if the special use permit is granted, the following stipulations be attached.
1. No outdoor storage other than the proposed enclosed area shall exist on the site without an
additional special use permit being approved.
2. The petitioner shall submit stormwater drainage/ponding plans to the City's engineering
department for review and approval with land alteration permit.
3. Installation of new pine trees shall be completed by October 31, 2010.
4. The types of materials stored outside shall be reviewed by the Fire Marshal.
5. PerSection 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.
RESOLUTION NO. 2010 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 10-07
FOR WESCO DISTRIBUTION, 5151 INDUSTRIAL BLVD NE
WHEREAS, Section 205.18.O1.C.12 of the Fridley City Code allows limited outside storage in an
M-2 zoning district by a special use permit if certain conditions can be met; and
WHEREAS, on Apri121, 2010, the Fridley Planning Commission held a public hearing to consider
the request by WESCO Distribution, generally located at 5151 Industrial Blvd in Fridley, legal
described as Lot 3, Block 10, Great Northern Industrial Center Fridley, for a special use permit
SP# 10-07 for limited outside storage; and
WHEREAS, on May 10, 2010, the Fridley City Council approved the stipulations represented in
Exhibit A to this resolution as the conditions approved by the City Council on special use permit
SP# 10-07; and
WHEREAS, the petitioner, WESCO Distribution, was presented with Exhibit A, the stipulations for
SP# 10-07, at the May 10, 2010 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP# 10-07 and stipulations represented in Exhibit A are hereby adopted by City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOtn
DAY OF MAY, 2010.
SCOTT LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 10-07 Special Use Permit for Limited Outdoor Storage
WESCO Distribution, 5151 Industrial Blvd NE, Fridley, MN 55432
Stipulations
1. No outdoor storage other than the proposed enclosed area shall exist on the site without an
additional special use permit being approved.
2. The petitioner shall submit stormwater drainage/ponding plans to the City's engineering
department for review and approval with land alteration permit.
3. Installation of new pine trees shall be completed by October 31, 2010.
4. The types of materials stored outside shall be reviewed by the Fire Marshal.
5. 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.
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 10, 2010
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
May 10, 2010
i����`��a�xi��
Award Contract for 2010 Watermain Rehabilitation Project No. 391
The 2010 Capital Improvement Budget allocates funding identified for improvements to our
water distribution system. This project includes the rehabilitation of an 8" watermain on
Mississippi Street between Anoka Street and McKinley Street (700 feet) and the installation
of a new 6" watermain into Commons Park from 7t" Street (350 feet). The project had a
planned budget of $142,000 as a component of the 2010 water distribution Capital
Improvement Budget ($475,000). Water Division and Engineering Division determined this
project to be of the highest priority.
On Thursday, May 6, 2010, at 2:00 p.m. bids were opened for the 2010 Watermain
Rehabilitation Project No. 391. Six contractors provided bids, one of these was non-
responsive (see the attached Bid Tabulation). Penn Contracting Inc. of Blaine, MN was
the lowest responsive bidder. The low bid is approximately 20% lower than the engineer's
final estimate of $159,600.
The contractors were allowed flexibility to select from approved methods and materials to
provide the lowest possible price in accomplishing the work. Penn Contracting proposes to
construct the work on Mississippi Street by pipebursting, and construct the work on 7tn
Avenue by horizontal directional drill.
Upon award and execution of contracts, staff will schedule a preconstruction meeting, at
which time a schedule of work will be received from the contractor. Final completion of
work is June 18, 2010.
Recommend the City Council receive the
Watermain Rehabilitation Project No. 391
$127, 968. 00.
LRO:Iro
Attachment
bids and award the contract for the 2010
to Penn Contracting Inc. in the amount of
L�U4.OUL .7F1LVFIUCCAI.7IIIVUI'ITUI'WIVI&UFIICVFILVC CF1lil'I I � �UU.UU � �UU.UU � �J�.IJ � �J�.IJ � �
2504.602 INSTALL SALVAGED HYDRANT LS 1 $ 2,000.00 $ 2,000.00 $ 549.06 $ 549.06 $ - $
2504.602 PLUG TEE EX 6" INCLUDES PLUG EACH 1 $ 325.00 $ 325.00 $ 341.35 $ 341.35 $ - $
2504.602 F&I 6" GV EACH 1 $ 1,280.00 $ 1,280.00 $ 1,552.58 $ 1,552.58 $ - $
2504.608 FITTINGS LBS 400 $ 2.00 $ 800.00 $ 5.78 $ 2,312.00 $ - $
2505.603 HDD 6" PVC WATERMAIN LF 340 $ 50.00 $ 17,000.00 $ 40.15 $ 13,651.00 $ - $
2506.603 F& I 6" DIP CI.52 W/8 MIL POLY LF 40 $ 47.00 $ 1,880.00 $ 38.98 $ 1,559.20 $ - $
2563.601 TRAFFIC CONTROL LS 1 $ 800.00 $ 800.00 $ 800.00 $ 800.00 $ - $
2575.505 SEED & MULCH SY 175 $ 2.00 $ 350.00 $ 5.03 $ 880.25 $ - $
SPEC. REPAIR SPRINKLER SYSTEM LS 1 $ 250.00 $ 250.00 $ 516.28 $ 516.28 $ - $
SUBTOTAL OPTION A $ 34,555.00 $ 36,125.30 $
� B- CONVENTIONAL OPEN TRENCH EXCAVATION (COMMONS PARK)
. ITEM NO. ITEM DESCRIPTION UNIT Est. Qty Unit Price Total Price Unit Price Total Price Unit Price Tot:
2021.501 MOBILIZATION LS 1 $ - $ - $ - 1,500.00 $
2104.501 REMOVE EXISTING PIPE LF 10 $ - $ - $ - 6.00 $
2104.501 REMOVE CONCRETE CURB & GUTTER LF 20 $ - $ - $ - 2.00 $
2104.503 REMOVE CONCRETE WALK SF 150 $ - $ - $ - 0.50 $
2104.505 REMOVE PAVEMENT SY 110 $ - $ - $ - 8.00 $
2104.513 SAWCUT BIT PAVEMENT LF 80 $ - $ - $ - 3.00 $
2105.526 4" SELECT TOPSOIL (CV) CY 140 $ - $ - $ - 25.00 $
2350.503 3" MVWE3503B WEARING COURSE W/ 6" C15 AGG SY 110 $ - $ - $ - 35.00 $
2504.602 CONNECT TO EXISTING WATER SYSTEM EA 3 $ - $ - $ - 600.00 $
2504.602 DISCONNECT EXISTING WATERMAIN EA 2 $ - $ - $ - 75.00 $
2504.602 SALVAGE EXISTING HYDRANT & GATE VALVE EA 1 $ - $ - $ - 150.00 $
2504.602 INSTALL SALVAGED HYDRANT LS 1 $ - $ - $ - 2,500.00 $
2504.602 PLUG EX 6" TEE (INCLUDES PLUG) EA 1 $ - $ - $ - 250.00 $
2504.602 F& I 6" GV EA 1 $ - $ - $ - 950.00 $
2504.608 FITTINGS LBS 400 $ - $ - $ - 1.00 $
2505.603 F&I 6" DIP CI.52 W/ 8 MIL POLY LF 380 $ - $ - $ - 32.00 $
2521.501 F&I B618 CONRETE CURB & GUTTER LF 20 $ - $ - $ - 20.00 $
2531.501 F&I 4" CONCRETE WALK SF 150 $ - $ - $ - 4.00 $
2563.601 TRAFFICCONTROL LS 1 $ - $ - $ - 1,000.00 $
2575.505 SEED & MULCH SY 1300 $ - $ - $ - 1.00 $
SPEC. REPAIR SPRINKLER SYSTEM LS 1 $ - $ - $ - 900.00 $
SUBTOTAL OPTION B $ - $ - $ .
� C- WATERMAIN HORIZONTAL DIRECTIONAL DRILLING (MISSISSIPPI STREET)
. ITEM NO. ITEM DESCRIPTION UNIT Est. Qty Unit Price Total Price Unit Price Total Price Unit Price Tot:
2021.501 MOBILIZATION LS 1 $ - $ - 4,391.75 $ 4,391.75 $
2104.501 REMOVE EXISTING PIPE LF 165 $ - $ - 2.75 $ 453.75 $
2104.501 REMOVE CONCRETE C AND G LF 50 $ - $ - 3.39 $ 169.50 $
2104.503 REMOVE CONCRETE WALK SF 100 $ - $ - 2.82 $ 282.00 $
2104.505 REMOVE PAVEMENT SY 650 $ - $ - 2.49 $ 1,618.50 $
2104.509 REMOVE EXISTING GATE VALVE EA 5 $ - $ - 175.00 $ 875.00 $
2104.509 REMOVE HYDRANT & GATE VALVE ASSEMBLY EA 1 $ - $ - 200.00 $ 200.00 $
2104.513 SAWCUT BIT PAVEMENT LF 500 $ - $ - 2.05 $ 1,025.00 $
2105.501 REMOVE EXISTING SERVICE PIPE LF 20 $ - $ - 1.16 $ 23.20 $
2105.526 4" SELECT TOPSOIL (CV) CY 5 $ - $ - 22.14 $ 110.70 $
2350.503 3" MVWE35030B WEARING COURSE W/ 6" C15 AGG SY 100 $ - $ - 39.46 $ 3,946.00 $
2350.503 5" MVWE35030B WEARING COURSE W/ 8" C15 AGG SY 550 $ - $ - 34.45 $ 18,947.50 $
2504.601 F&I 1" CU WATER SERVICE LF 40 $ - $ - 22.28 $ 891.20 $
2504.601 TEMPORARYWATERSERVICE LS 1 $ - $ - 1,000.00 $ 1,000.00 $
2504.602 CONNECT TO EXISTING WATER SYSTEM EA 6 $ - $ - 1,235.94 $ 7,415.64 $
2504.602 F&I 8" GV EA 2 $ - $ - 1,932.23 $ 3,864.46 $
2504.602 F&I 6" GV EA 3 $ - $ - 1,551.71 $ 4,655.13 $
2504.602 F&I 1" GV EA 4 $ - $ - 358.53 $ 1,434.12 $
2504.602 CONNECT TO EXISTING WATER SERVICE (3/4 "- 1/2" EA 4 $ - $ - 727.42 $ 2,909.68 $
2504.602 F&I HYDRANT W/ 6" GV EA 1 $ - $ - 4,653.17 $ 4,653.17 $
2504.608 FITTINGS LBS 400 $ - $ - 5.89 $ 2,356.00 $
2506.603 F&I 6" DIP CI.52 W/8 MIL POLY LF 215 $ - $ - 38.43 $ 8,262.45 $
2506.603 F&I 8" DIP CI.52 W/8 MIL POLY LF 20 $ - $ - 52.25 $ 1,045.00 $
2506.603 HDD 8" WATERMAIN LF 660 $ - $ - 52.25 $ 34,485.00 $
2531.501 F&I B618 C&G LF 50 $ - $ - 25.81 $ 1,290.50 $
2531.501 F&I 4" CONCRETE WALK SF 150 $ - $ - 5.10 $ 765.00 $
2563.601 TRAFFIC CONTROL LS 1 $ - $ - 2,500.00 $ 2,500.00 $
2575.505 SEED AND MULCH SY 50 $ - $ - 6.33 $ 316.50 $
SPEC. DEWATERING LS 1 $ - $ - 0.01 $ 0.01 $
SPEC. TRACER WIRE LF 660 $ - $ - 0.32 $ 211.20 $
SPEC. ABANDON EX/ 8" PIPE - BLOW SAND LS 1 $ - $ - 1,250.00 $ 1,250.00 $
SUBTOTAL OPTION C $ - $ 111,347.96 $
� D- PIPE BURSTING (MISSISSIPPI STREET)
. ITEM NO. ITEM DESCRIPTION
2021.501 MOBILIZATION
2104.501 REMOVE EXISTING PIPE
2104.503 REMOVE CONCRETE C& G
2104.503 REMOVE EX WALK
2104.505 REMOVE PAVEMENT
2104.509 REMOVE EXISTING HYDRANT & GATE VALVE
2104.509 REMOVE EXISTING GATE VALVE
2104.513 SAWCUT BIT PAVEMENT
2105.501 REMOVE EXISTING SERVICE PIPE
2105.526 4" SELECT TOPSOIL (CV)
2350.503 3" MVWE35030B WEARING COURSE W/ 6" C15 AGG
2350.503 5" MVWE35030B WEARING COURSE W/ 8" C15 AGG
2504.601 F&I 1" CU WATER SERVICE
2504.601 TEMPORARY WATER SERVICE
LS 1 $ 4,300.00 $ 4,300.00
LF 165 $ 5.00 $ 825.00
LF 50 $ 3.00 $ 150.00
SF 100 $ 0.50 $ 50.00
SY 650 $ 2.00 $ 1,300.00
EA 1 $ 500.00 $ 500.00
EA 5 $ 200.00 $ 1,000.00
LF 500 $ 1.50 $ 750.00
LF 20 $ 5.00 $ 100.00
CY 5 $ 16.00 $ 80.00
SY 100 $ 20.00 $ 2,000.00
SY 550 $ 29.00 $ 15,950.00
LF 40 $ 30.00 $ 1,200.00
LS 1 $ 1,500.00 $ 1,500.00
r
0
i
0
i
0
0
S
3
0_50
6_00
50_00
20.00
3.00
2.00
30.00
33.00
40.00
80.00
00.00
L�U4.OUL .7F1LVFIUC CAI.7IIIVU I'ITUI'WIV I& UF11 C VFILVC CF1lil'I I
2504.602 INSTALLSALVAGED HYDRANT LS 1
2504.602 PLUG TEE EX 6" INCLUDES PLUG EACH 1
2504.602 F&I 6" GV EACH 1
2504.608 FITTINGS LBS 400
2505.603 HDD 6" PVC WATERMAIN LF 340
2506.603 F& I 6" DIP CI.52 W/8 MIL POLY LF 40
2563.601 TRAFFIC CONTROL LS 1
2575.505 SEED & MULCH SY 175
SPEC. REPAIR SPRINKLER SYSTEM LS 1
SUBTOTAL OPTION A
I B- CONVENTIONAL OPEN TRENCH EXCAVATION (COMMONS PARK
��'i
��
��
��
��
��
��
��
��
��
�
0
�
0
0
0
0
0
0
0
0
A
O�V.VV � O�V.VV
1,300.00 $ 1,300.00
140.00 $ 140.00
1,200.00 $ 1,200.00
3.81 $ 1,524.00
32.00 $ 10,880.00
83.00 $ 3,320.00
1,500.00 $ 1,500.00
5.00 $ 875.00
500.00 $ 500.00
$ 39,922.80
G
�
i
0
0
0
0
�
$
SUBTOTAL OPTION B $ 41,004.85 $ -
I C- WATERMAIN HORIZONTAL DIRECTIONAL DRILLING (MISSISSIPP
ITEM NO. ITEM DESCRIPTION UNIT Est. Qty Unit Price Total Price Unit Price Total Price Unit Price
2021.501 MOBILIZATION LS 1 $ - $ - 3,000.00
2104.501 REMOVE EXISTING PIPE LF 165 $ - $ - 10.00
2104.501 REMOVE CONCRETE C AND G LF 50 $ - $ - 5.00
2104.503 REMOVE CONCRETE WALK SF 100 $ - $ - 2.00
2104.505 REMOVE PAVEMENT SY 650 $ - $ - 3.00
2104.509 REMOVE EXISTING GATE VALVE EA 5 $ - $ - 750.00
2104.509 REMOVE HYDRANT & GATE VALVE ASSEMBLY EA 1 $ - $ - 750.00
2104.513 SAWCUT BIT PAVEMENT LF 500 $ - $ - 2.50
2105.501 REMOVE EXISTING SERVICE PIPE LF 20 $ - $ - 10.00
2105.526 4" SELECT TOPSOIL (CV) CY 5 $ - $ - 15.00
2350.503 3" MVWE35030B WEARING COURSE W/ 6" C15 AGG SY 100 $ - $ - 25.00
2350.503 5" MVWE35030B WEARING COURSE W/ 8" C15 AGG SY 550 $ - $ - 30.00
2504.601 F&I 1" CU WATER SERVICE LF 40 $ - $ - 50.00
2504.601 TEMPORARY WATER SERVICE LS 1 $ - $ - 1,500.00
2504.602 CONNECT TO EXISTING WATER SYSTEM EA 6 $ - $ - 1,500.00
2504.602 F&I 8" GV EA 2 $ - $ - 1,800.00
2504.602 F&I 6" GV EA 3 $ - $ - 1,400.00
2504.602 F&I 1" GV EA 4 $ - $ - 750.00
2504.602 CONNECT TO EXISTING WATER SERVICE (3/4 "- 1/2" EA 4 $ - $ - 550.00
2504.602 F&I HYDRANT W/ 6" GV EA 1 $ - $ - 3,800.00
2504.608 FITTINGS LBS 400 $ - $ - 5.00
2506.603 F&I 6" DIP CI.52 W/8 MIL POLY LF 215 $ - $ - 35.00
2506.603 F&I 8" DIP CI.52 W/8 MIL POLY LF 20 $ - $ - 75.00
2506.603 HDD 8" WATERMAIN LF 660 $ - $ - 42.00
$
2531.501 F&I B618 C&G LF 50 $ - $ - 25.00 $
2531.501 F&I 4" CONCRETE WALK SF 150 $ - $ - 5.00 $
2563.601 TRAFFIC CONTROL LS 1 $ - $ - 650.00 $
2575.505 SEED AND MULCH SY 50 $ - $ - 3.00 $
SPEC. DEWATERING LS 1 $ - $ - 600.00 $
SPEC. TRACER WIRE LF 660 $ - $ - 1.00 $
SPEC. ABANDON EX/ 8" PIPE - BLOW SAND LS 1 $ - $ - 1,500.00 $
SUBTOTAL OPTION C $ - $ - $
I D- PIPE BURSTING (MISSISSIPPI STREET)
ITEM NO. ITEM DESCRIPTION
2021.501 MOBILIZATION
2104.501 REMOVE EXISTING PIPE
2104.503 REMOVE CONCRETE C& G
2104.503 REMOVE EX WALK
2104.505 REMOVE PAVEMENT
2104.509 REMOVE EXISTING HYDRANT & GATE VALVE
2104.509 REMOVE EXISTING GATE VALVE
2104.513 SAWCUT BIT PAVEMENT
2105.501 REMOVE EXISTING SERVICE PIPE
2105.526 4" SELECT TOPSOIL (CV)
2350.503 3" MVWE35030B WEARING COURSE W/ 6" C15 AGG
2350.503 5" MVWE35030B WEARING COURSE W/ 8" C15 AGG
2504.601 F&I 1" CU WATER SERVICE
2504.601 TEMPORARY WATER SERVICE
LS
LF
LF
SF
SY
EA
EA
LF
LF
CY
SY
SY
LF
LS
1
165
50
100
650
1
5
500
20
5
100
550
40
1
8
1.75
5.75
35.00
50.00
4.75
8.50
25.00
45.84
51.10
30.64
50.00
8
175.00
3,737.50
235.00
750.00
2,375.00
170.00
125.00
4,584.00
8,105.00
1,225.60
2,450.00
10,500.00
7.50
7.35
8.25
8.00
500.00
70.00
3.33
16.00
50.00
50.00
53.00
125.00
3,500.00
10,500.00
1,237.50
367.50
825.00
1,665.00
320.00
250.00
5,000.00
9,150.00
Total
� AGENDA ITEM
� COUNCIL MEETING OF MAY 10, 2010
� �F CLAI MS
FRIDLE7`
CLAIMS
145946 - 146116
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� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 10, 2010
��F LICENSES
FRIDLE7`
TYPE (�F LICENSE: ' APPLICANT:' APPROVED BY`
Temporary Food Sales Fridley Fire Dept. Auxiliary Fire Inspector
Katherine Messer Public Safety Director
Spaghetti Dinner, May 22, 2010 Planning Manager
6431 Universi Ave
Lawful Gambling Permit Paint Brush Shooters Chapter Public Safety
Greg Newman, President
VFW Post, 1040 Osborne Rd
June 19 & Au ust 20, 2010
Recycling & Solid Waste Provider Shamrock Disposal, Inc. Public Safety
Class IV Roll Off Becky A. Gersdorf Recycling Coordinator
Cit Clerk
Tree Removal Gosiak Tree Service Public Safety
Robert Gosiak Public Works
Drobnick's Tree Service Public Safety
John R. Drobnick, Jr. Public Works
Food Establishment M& M Pizzeria, LLC dba Community Development
MoJo's Pizza Fire Inspector
Malika Kifal Public Safety
Rinconcito Latino Restaurant Community Development
Maria E. Baires Fire Inspector
Public Safet
Trash Hauler Aspen Waste Systems, Inc Public Safety Director
Marv Vikla Recycling Coordinator
Cit Clerk
� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 10, 2010
��F LICENSES
FRIDLE7`
Contractor T e A licant A roved B
Assured Heatin AC & Ref Inc Heatin Jim Scull Ron Julkowski, CBO
Carlson-Lavine Inc Commercial or S ecialt Paul Felicetta Ron Julkowski, CBO
Chan in Climates Inc Heatin Ja Holden Ron Julkowski, CBO
Co orate Mechanical Inc Heatin Rick Potter Ron Julkowski, CBO
Dalco Roofin & Sheet Metal Inc Roofin Daniel Lewis Ron Julkowski, CBO
DJ's Heatin & Air Condition Inc Heatin Thomas Wendel Ron Julkowski, CBO
DJ's Heatin & Air Condition Inc Gas Thomas Wendel Ron Julkowski, CBO
Fireside Hearth & Home Gas Ben En lund Ron Julkowski, CBO
Flare Heatin and Air Cond. Heatin Rand Imker Ron Julkowski, CBO
Julian M Johnson Excavatin Carl Johnson Ron Julkowski, CBO
Genz-R an Plumbin & Heatin Heatin Delma Hawkins Ron Julkowski, CBO
Lawrence Si n Si n Erector Robert Walker Ron Julkowski, CBO
Perfection Heatin & Air Heatin Steve Kuzi Ron Julkowski, CBO
RJM Construction LLC Commercial or S ecial Joe Madd Ron Julkowski, CBO
Richfield Blackto Blackto L nn Hilde Ron Julkowski, CBO
SML Si n Maintenance Si n Erector Steve Lawrence Ron Julkowski, CBO
Timco Construction Inc Commercial or S ecialt Dave Hatfield Ron Julkowski, CBO
Terra General Contractors LLC Commercial or S ecialt Ben Newlin Ron Julkowski, CBO
Tim's Qualit Plumbin Inc Gas Tim Lindholm Ron Julkowski, CBO
� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 10, 2010
� �F ESTI MATES
FRIDLE7`
Colt Construction
285 Forest Grove Drive
Suite 126
Pewaukee, WI 53072
85th Avenue Trail Proj ect No. ST 2007-4
Estimate No. 10 .................................................................................... $ 26,477.84
(TABLED APRIL 26, 2010)
Concrete Idea, Inc.
13961 — 44th Lane N.E.
St. Michael, MN 55376
2010 Miscellaneous Concrete Repair
Proj ect No. 395
EstimateNo. 1 ....................................................................................... $ 7,840.32
�
�
�ff1' 4F
FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
May 10, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
May 4, 2010
Second Reading of an Ordinance Amending Chapter 30 Lawful Gambling of the
Fridley City Code Defining Licensed Organizations
In December of 2009 the Mayor brought concerns from some of the Fridley organizations who
want to conduct charitable gambling, but can't seem to find a location in the city, nor in
neighboring cities. Staff surveyed eight cities and found seven cities had restrictive language
requiring organizations to be located within the City.
Based on these concerns, staff discussed the issue with the City Attorney and the City Council to
prepare an ordinance for their review in February. After further discussion with the City Council
and City Attorney, staff made a few more revisions of the ordinance.
The City Council held the first reading on March 29, 2010, and directed staff to notify the liquor
establishments and current gambling organizations of the proposed changes. Letters were mailed
out on March 30, 2010 to all liquor establishments and to the organizations currently conducting
lawful gambling within the City.
The City Council reviewed the ordinance on April 12, 2010, and took additional information
from the public. After listening to the public, the City Council tabled action on the 2"d reading to
Apri126, 2010.
On Apri126, 2010, the City Council took additional information from the public and discussed at
length the ability for the City Council to allow a non-city organization to conduct charitable
gambling in a Fridley establishment. An amendment was proposed, however, after the
amendment was addressed to attach it to the liquor license, staff felt Chapter 603 and 606 may
have to be reviewed for changes as well. A motion was made to table the ordinance to the next
meeting so the council could determine whether or not any amendments should be made to the
ordinance.
After reviewing Chapters 603 and 606, staff found one amendment was needed to Chapter 603.
An ordinance was prepared to receive its first reading this evening in new business. if this
ordinance receives its second reading.
Staff recommends removing the ordinance from the table and holding the second reading of an
Ordinance Amending Chapter 30 Lawful Gambling of the Fridley City Code Defining Licensed
Organizations, as shown in Attachment 1.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 30 LAWFUL GAMBLING OF THE FRIDLEY
CITY CODE DEFINING LICENSED ORGANIZATIONS
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
CHAPTER 30. LAWFUL GAMBLING
30.01 STATEMENT OF POLICY
The City of Fridley deems it desirable to regulate lawful gambling within its jurisdiction as
authorized by Minnesota Statutes Section 349.213. The Citv finds that, for the purposes of
�reater supervision and access of information, a more restrictive requirement for the location of
licensed or�anizations to those located within the Citv is in the interest of the health and safetv of
the citizens of the Citv of Fridle�
30.02 DEFINITIONS
The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this chapter.
Licensed organizations in the City of Fridley may be permitted to conduct lawful gambling or
use any gambling device allowable by Chapter 349.
Licensed Or�anizations
In order to be eli�ible for a premises permit, an or�anization must meet the followin�
requirements:
A. The activities of the or�anization directiv or primarilv benefit the citizens of Fridle�
B. One-third of the or�anization's members reside in the Citv of Fridlev. The or�anization
must file a list containin� the names and addresses of all current members with each new
application for a premises permit; and annuallv thereafter with the citv clerk; or the
or�anization must have had a principal business or operations location in the Citv of
Fridlev for a continuous period of at least one vear immediatelv precedin� the permit
request and must maintain such a location to conduct business as lon� as the or�anization
operates lawful a� mblin� activities in the cit�
C. Or�anizations that are currentiv conductin� lawful a� mblin� in the Citv of Fridlev who
do not meet the requirements above shall be allowed to conduct lawful �amblin� until
April 30, 2012 or until their Lease for Lawful Gamblin� Activitv expires, whichever
occurs first.
Ordinance No.
Page 4
D. In the event that no or�anization described in para�raph 30.02.1.B. seeks a
charitable gambling contract with a Fridlev business, the Citv Council mav waive
the requirements found in para�raph 30.02.1.B. and allow a non-qualifvin�
or�anization to conduct charitable �amblin� at a location in the Citv until such time
as a qualifvin� or�anization mav be found. The Citv Council mav, in its full
discretion, require the replacement of that non-qualifyin� or�anization with an
or�anization that does meet these requirements at the time the host business's liquor
license is up for renewal.
30.03. REGULATIONS
Licensed organizations conducting lawful gambling within the City of Fridley shall
expend ° seventv-five percent 75%� of its expenditures for lawful
purposes conducted or located within the City of Fridley trade area. The Fridley trade
area is limited to the City of Fridley and each city contiguous to the City of Fridley.
2. Licensed organizations conducting lawful gambling within the City of Fridley must
file a copy of monthly gambling board financial reports to the Fridley city clerk.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2010.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading. March 29, 2010
Second Reading:
Publication:
�
�
�ff1' 4F
FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
May 10, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra Skogen, City Clerk
May 5, 2010
First Reading of an Ordinance Amending Fridley City Code Chapter 603
Intoxicating Liquor Pertaining to Section 603.25 Gambling Endorsement
The City Council has been discussing the feasibility of amending Fridley City Code Chapter 30 to
create a definition of licensed organization. During the discussions, an amendment was drafted
which would tie this to a restaurant or club's annual liquor license.
Staff reviewed Chapters 603 and 606 to see if any changes to the City Code would be needed.
Under the conditions of licensing, Chapter 606 refers to Chapters 30 and 603 in one sentence. Staff
felt no changes were needed to Chapter 606 and one small change is needed to Chapter 603.
If an establishment has a non-qualifying lawful gambling organization at the time they renew their
liquor license, the change would require the licensee to look for a qualifying organization. If they
cannot find one, they would attest to that fact on their license renewal application.
If the City Council holds the second reading of an ordinance to Amend Chapter 30, staff then
recommends holding the first reading of this ordinance.
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 603 1NTOXICATING
LIQUOR PERTAINING TO SECTION 603.25 GAMBLING ENDORSEMENT
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley city Code be hereby amended as follows:
CHAPTER 603. 1NTOXICATING LIQUOR
603.25. GAMBLING ENDORSEMENT
E. At the time the liquor license is up for renewal, if a non-qualifving or�anization is
currentiv conductin� lawful a� mblin�, the licensee shall look for a qualifv�
or�anization, as defined in Section 30.02, to conduct lawful a� mblin� at their
establishment. If the licensee is unsuccessful at locating a qualifving or�anization, theX
shall attest to that fact on their renewal a�lication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2010.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading:
Second Reading:
Publication Date:
�
�
CfTY OF
Ff�IDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 10, 2010
May 3, 2010
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Master Plan Amendment, MP #10-01, Faulkner Construction
INTRODUCTION
Jim Faulkner of Faulkner Construction, Inc. is
requesting a master plan amendment for the
properties located at 6352 Central Avenue and
1271 East Moore Lake Drive, which are currently
owned by the City's Housing and Redevelopment
Authority (HRA). The Planning Commission and City
Council will recall in 2004, Town Center
Development was granted a rezoning for the west
side of Central Avenue between Mississippi Street
and E. Moore Lake Drive to S-2, Redevelopment
District. The purpose of rezoning the entire block
was to avoid spot zoning and to achieve one of the
goals of the 1998 Comprehensive Plan, which was
to consider redevelopment opportunities of the
properties on Central Avenue between Rice Creek
Road and Mississippi Street.
SITE PLAN ANALYSIS
Jim Faulkner, with Faulkner Construction, is
proposing to redevelop the properties at 6352
Central Avenue and 1271 East Moore Lake Drive
with a two phase project. Phase I of the project will
include the construction of a 25,584 square foot
building, and will house a forty unit assisted living
and memory care facility, located on the property
along Central Avenue. Eighteen seniors will reside in the assisted living wing and twenty two seniors will
reside in the memory care wing. Each wing will have dining and leisure time space as well as support
services, such as office space, common toilet rooms with showers, personal care and laundry.
Phase II will be located on the East Moore Lake Drive property and will be connected to the Phase 1
building though a breeze-way. It is a 10,126 square foot building, which will include 19 additional
memory care resident rooms and support services. Dining for the residents will be within this building
and the food will be prepared in the Phase 1 kitchen. Construction of the Phase II project will depend
upon the occupancy level of the Phase I building.
The size of the units within Phase I will range from 299 sq. ft. to 452 sq. ft. Phase II will consist of 299 sq.
ft. units only.
The buildings will each be one story with pitched roofs, composite lap siding and stone veneer. Phase I
will include 21 surface parking stalls and Phase II will include 10 parking stalls. The petitioner has
recently submitted the grading and drainage plans for both sites, to determine the best solution to
manage the storm water on the site. Landscape plans have been provided for the subject properties and
will include a variety of tree species, as well as shrubs and perennial plantings.
PLANNING COMMISSION RECOMMENDATION
At the April 21, 2010, Planning Commission meeting, a public hearing was held for MP #10-01. After a
brief discussion, the Planning Commission recommended approval of master plan amendment, MP #10-
01, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan A1 dated May 4,
2010.
2. The building elevations shall be constructed in accordance with architectural plan A3.1, A3.2,
titled Exterior Elevations, dated May 4, 2010.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all euilding code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the proposed monument sign is 10 ft. from the property line and
driveway meets vision safety regulations and shall obtain all necessary permits for signage
erected on site.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
7. The petitioner shall preserve or relocate newly landscaped planter bed on the 1271 East Moore
Lake Drive parcel.
8. The petitioner shall comply with any requirements set forth by the Anoka County Highway
Department.
9. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
10. City engineering staff to review and approve grading and drainage plan prior to issuance of
building permits.
11. Stormwater management maintenance agreement shall be filed with the City prior to issuance of
building permits.
12. The petitioner shall obtain any required NPDES Permits.
13. Property owner of record at time of building permit application, to pay all water and sewer
connection fees prior to issuance of a building permit.
14. The petitioner shall combine the parcels at 6352 Central Avenue and 1271 East Moore Lake Drive
for tax purposes and to allow the proposed development to occur over both lots.
15. If the proposed development is modified to be used for units other than assisted living and
memory care units, a master plan amendment will need to be obtained.
16. A DevelopmentAgreement outlining the Developer's obligation to install utilities, etc., will be
prepared by the City and shall be signed by the Petitioner prior to the May 10, 2010, City Council
meeting.
City of Fridley Land Use Application
MP #10-01
GENERAL INFORMATION
Applicant:
Faulkner Construction Inc.
Jim Faulkner
2350 County Road J
White Bear Lake MN 55110
Requested Action:
Master Plan Amendment
Location:
6352 Central Avenue and 1271 East Moore Lake
Drive
Existing Zoning:
Both properties are zoned S-2, Redevelopment
District
Size:
6352 Central Avenue:
66,019 sq. ft. 1.5 acres
1271 East Moore Lake Drive:
37,245 sq. ft. .86 acres
Existing Land Use:
Both lots are vacant
Surrounding Land Use & Zoning:
6352 Central Avenue:
N: Advance Companies &S-2
E: Duplex & R-2
S: Ziebart & S-2
W: US Federal Credit Union & C-1 1271 East
Moore Lake Drive:
N: Vacant Parcel & S-2
E: Ziebart & S-2
S: Moore Lake Shopping Ctr. & C-3
W: Single Family & R-1
Comprehensive Plan Conformance:
Future Land Use Map designates this area as
Redevelopment.
Zoning History:
Lots platted in 1975
The City's HRA purchased the vacant parcels in
2000.
Both properties were rezoned to S-2,
Redevelopment District in January of 2004.
Legal Description of Property:
6352 Central Avenue:
Lots 2 and 3, Block 1, Herwal Rice Creek Terrace,
subject to easement of record.
1271 East Moore Lake Drive:
Lot 5, Block 1, Herwal Rice Creek Terrace,
subject to easement of record.
April 21, 2010
SPECIAL INFORMATION
SUMMARY OF REQUEST
The petitioner, Jim Faulkner, of Faulkner
Construction Inc., is seeking a Master Plan
Amendment from the original master plan that was
approved when these properties were rezoned in
2004 to allow for the construction of an assisted
living and memory care facility that will be
constructed in two phases. Phase one will be
located on the vacant parcel at 6352 Central Avenue
and phase two will be located at 1271 East Moore
Lake Drive.
SUMMARY OF ANALYSIS
City Staff recommends approval of the master plan
amendment, with stipulations.
■ Provides housing opportunities for Fridley seniors.
■ Provides additional job opportunities.
■ Proposed use meets the goals highlighted in the
2030 Comprehensive Plan.
Aerial of Subject Properties
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — May 10, 2010
60 Day — May 17, 2010
Staff Report Prepared by: Stacy Stromberg
MP #10-01
THE REQUEST
Jim Faulkner of Faulkner Construction, Inc. is requesting a
master plan amendment for the properties located at 6352
Central Avenue and 1271 East Moore Lake Drive, which are
currently owned by the City's Housing and Redevelopment
Authority (HRA). The Planning Commission and City Council will
recall in 2004, Town Center Development was granted a
rezoning for the west side of Central Avenue between
Mississippi Street and E. Moore Lake Drive to S-2,
Redevelopment District. The purpose of rezoning the entire
block was to avoid spot zoning and to achieve one of the goals
of the 1998 Comprehensive Plan, which was to consider
redevelopment opportunities of the properties on Central
Avenue between Rice Creek Road and Mississippi Street.
When any property is rezoned to S-2 Redevelopment District, it
requires that the accompanying site plan become the master
plan for the site. Once the rezoning is approved by the City
Council, any modification to that originally approved master
plan would require a Master Plan Amendment. These
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approved with the 2004 rezoning, because that site plan was
specifically for the Sandee's and Tamarisk redevelopment project however, because the subject
properties are zoned S-2, Redevelopment District, any changes to the property requires review and
approval by the Planning Commission and City Council.
The Housing and Redevelopment Authority will hold a public hearing to authorize the sale of the land to
the petitioner on May 6, 2010. At this time, they will also further review the petitioner's site plan.
HISTORY
The HRA purchased these properties in the spring of 2000 as part of one of the goals set out in the 1998
Comprehensive Plan, which was to help spur development along Old Central Avenue. Both properties in
their current condition are not buildable due to poor soil conditions. As part of the petitioner's plan to
develop the properties, extensive soil corrections will need to be completed. As stated above, the HRA
will hold a public hearing on May 6, 2010, to consider selling the land to the petitioner.
SITE PLAN ANALYSIS
Jim Faulkner, with
Faulkner Construction,
is proposing to
redevelop the
properties at 6352
Central Avenue and
1271 East Moore Lake
Drive with a two phase
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project. Phase I of the
project will include the construction of a 25,584 square foot building, and will house a forty unit assisted
living and memory care facility, located on the property along Central Avenue. Eighteen seniors will
reside in the assisted living wing and twenty two seniors will reside in the memory care wing. Each wing
will have dining and leisure time space as well as support services, such as office space, common toilet
rooms with showers, personal care and laundry.
Phase II will be located on the East Moore Lake Drive property and will be connected to the Phase 1
building though a breeze-way. It is a 10,126 square foot building, which will include 19 additional
memory care resident rooms and support services. Dining for the residents will be within this building
and the food will be prepared in the Phase 1 kitchen. Construction of the Phase II project will depend
upon the occupancy level of the Phase I building.
The size of the units within Phase I will range from 299 sq. ft. to 452 sq. ft., Phase II will consist of 299 sq.
ft. units only.
The buildings will each be one story with pitched roofs, composite lap siding and stone veneer. Phase I
will include 21 surface parking stalls and Phase II will include 10 parking stalls. The petitioner has
recently submitted the grading and drainage plans for both sites, to determine the best solution to
manage the storm water on the site. Landscape plans have been provided for the subject properties and
will include a variety of tree species, as well as shrubs and perennial plantings.
A property that is zoned S-2, Redevelopment District allows for some degree of flexibility when designing
a redevelopment project. The petitioner has designed their project to comply with code requirements.
The proposed Phase I project area is 66,019 sq.
ft. (1.5 acres) in size. The 25,584 square foot
building will take up 39% of the lot. The
proposed Phase II project area is 37,245 sq. ft.
(.86 acres) in size. The 10,126 sq. ft. building
will take up 27%of the lot. R-3 zoning
standards allows up to 20% of lot coverage for
main buildings and not more than 30% by main
building and accessory buildings. C-1 zoning
standards allow 40% lot coverage for one-story
buildings. Since the two buildings will be
connected to one another, staff will require that
the two lots be combined prior to building
permit approval. Once the lots have been
combined, total lot coverage for the entire
project will be 34%. Because an S-2 zoning
allows some flexibility for redevelopment
projects, staff is comfortable with the lot
coverage's proposed by the petitioner, provided
they can still properly manage their storm
water runoff on-site.
National and regional developments trends for
assisted living and memory care appear to point
to a lesser lot size requirement. Though well-
maintained landscaped grounds are essential to project appeal and resident enjoyment, the size of the
2
lot in this situation can be smaller because the opportunity for residents to participate in larger scale
outdoor activities on the grounds is much smaller. Also, less land is required because of the fact that the
residents typically do not have cars, nor do they drive. Therefore, there is a lower standard for the
number of parking stalls required and less land area to accommodate that automobile use.
City Code would require 20 parking stalls for Phase I and 10 parking stalls for Phase II, based on parking
ratios used for assisted living facilities and nursing homes. The petitioner is providing 21 parking stalls
on Phase I and 10 stall on Phase II, therefore; meeting code requirements.
ANALYSIS
The petitioner is requesting a Master Plan Amendment because the property is zoned S-2,
Redevelopment district. When the property was rezoned in 2004, a master plan was approved for the
Sandee's and Tamarisk site. That master site plan wasn't related to the subject properties, but because
the properties are zoned S-2, Redevelopment district; the City code requires that any development on
the properties become a Master Plan though the site plan submitted. Therefore, the petitioner is
seeking the master plan amendment.
If the Master Plan Amendment being discussed in this report is approved by the City Council, it should be
noted that any major modification of the site plan would again be required to go back to the City Council
for review and approval.
Comprehensive Plan Conformance
The City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the
vision laid out in the Comprehensive Plan. The subject properties are identified in the 2030
Comprehensive Plan to be within one of the "potential redevelopment areas." Those redevelopment
areas were developed based upon community input at neighborhood planning meetings and staff
recommendations. Redevelopment is a form of community revitalization that transforms undesirable
elements of a site into desirable elements that reflect the community's collective plan.
The proposed assisted living/memory care senior project meets several of the objectives that the
residents of Fridley identified in the visioning sessions for the 2030 Comprehensive Plan update. One of
the goals identified through those meetings and the telephone survey was to "Maintain Fridley as a
desirable place to live." Ways to accomplish that goal are to provide more housing diversity and to make
Fridley a place where the aged can stay. 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 (no yards/house exterior care), more types of senior housing needs to be constructed. The
Comprehensive Plan identifies that the types of senior housing to consider are one-level townhomes,
independent living, assisted living, nursing home/memory care facilities.
The subject properties are within the "Moore Lake Area" redevelopment area that is generally located
along Highway 65 and East Moore Lake Drive and Central Avenue between Mississippi Street and Rice
Creek Road. The Economic and Redevelopment Plan chapter in the 2030 Comprehensive Plan, states
that the City should continue to pursue high density senior housing in this area due to the demand for
this type of housing in Fridley. Though the proposed use isn't "high density senior housing", it is a type
of senior housing that the City is in need of.
The purpose of redevelopment is to provide the opportunity for more efficient land uses and eliminate
inefficient land uses and under-utilized parcels. Redevelopment can also provide an opportunity to meet
C
current market demands and desires of the community, creates new tax base, and creates additional job
opportunities. Developing these two parcels with an assisted living/memory care facility will not only
meet current market demands, it will create additional jobs, generate new tax base and spur vitality on
these otherwise vacant under-utilized parcels.
HOUSING STUDY
The petitioner had a market study done and it indicates a substantial need within the community for this
type of housing. As a result, the petitioner is coming to the City with the proposed project.
TRAFFIC INFORMATION
The petitioner has articulated to staff that there are very few residents within the assisted living facility
that have vehicles and residents within the memory care wing, don't drive. Staff learned last year based
on a study that was provided by Select Senior Living, that according to the ITE manual, studies have
shown that less than 5% of residents in an assisted living facility own vehicles, and if they do, they are
rarely driven. Employees, visitors, and delivery trucks make up most of the trips to this facility. The ITE
manual also points out that the "peak hour" generator typically doesn't coincide with the "peak hour" of
the adjacent street traffic for an assisted living facility. This is primarily related to the shifts of the
employees beginning at 7:00 a.m., 3:00 p.m., and 11:00 p.m. The typical peak hours on most roadways
are between 6:00-7:00 a.m. and 3:00-4:00 p.m. The proposed Phase I and II project will include 59 total
units, which should overall generate very little traffic.
LANDSCAPE PLAN
With any development, the City requires that the petitioner submit a code compliant landscape plan.
The petitioner has submitted that plan, which shows the installation of 40 new trees on the Central
Avenue lot and 21 new trees on the East Moore Lake Drive lot. In addition to the trees, shrubs and
perennial plants are planned to be installed on both properties. With that said, it should be pointed out
that all of the existing trees will be removed from the site. Due to the organic soils on the site, it is
estimated that 13 ft. of soils will need to be removed from both sites and new clean soils will need to be
hauled in. This is at a cost of no less than $500,000.
STORM WATER MANAGEMENT
The petitioner has recently submitted their grading and drainage plans to the City's engineering
department for review. It is staffs understanding that the plans have been submitted to the Rice Creek
Watershed District for their review as well.
Before building permits can be issued, the petitioner will need to comply with all requirements set forth
by the City's engineering department as well as the Rice Creek Watershed.
STAFF RECOMMEDATION
City Staff recommends approval of Master Plan Amendment, MP #10-01 with stipulations.
• Provides housing opportunities for Fridley seniors.
• Provides additional job opportunities.
• Proposed use meets the goals highlighted in the 2030 Comprehensive Plan.
STIPULATIONS
Staff recommends that if the Master Plan Amendment is approved, the following stipulations be
attached.
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1. The property shall be developed in accordance with the architectural site plan A1 dated May 4,
2010.
2. The building elevations shall be constructed in accordance with architectural plan A3.1, A3.2,
titled Exterior Elevations, dated May 4, 2010.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all euilding code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the proposed monument sign is 10 ft. from the property line and
driveway, meets vision safety regulations and shall obtain all necessary permits for signage
erected on site.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
7. The petitioner shall preserve or relocate newly landscaped planter bed on the 1271 East Moore
Lake Drive parcel.
8. The petitioner shall comply with any requirements set forth by the Anoka County Highway
Department.
9. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
10. City engineering staff to review and approve grading and drainage plan prior to issuance of
building permits.
11. Stormwater management maintenance agreement shall be filed with the City prior to issuance of
building permits.
12. The petitioner shall obtain any required NPDES Permits.
13. Property owner of record at time of building permit application, to pay all water and sewer
connection fees prior to issuance of a building permit.
14. The petitioner shall combine the parcels at 6352 Central Avenue and 1271 East Moore Lake Drive
for tax purposes and to allow the proposed development to occur over both lots.
15. If the proposed development is modified to be used for units other than assisted living and
memory care units, a master plan amendment will need to be obtained.
16. A DevelopmentAgreement outlining the Developer's obligation to install utilities, etc., will be
prepared by the City and shall be signed by the Petitioner prior to the May 10, 2010, City Council
meeting.
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RESOLUTION NO.
RESOLUTION APPROVING MASTER PLAN AMENDMENT, M.P. #10-01,
FAULKNER CONSTRUCTION, FOR THE PURPOSE OF CONSTRUCTING A
SENIOR ASSISTED LIVING AND MEMORY CARE FACILITY, GENERALLY
LOCATED AT 6352 CENTRAL AVENUE AND 1271 EAST MOORE LAKE DRIVE NE.
WHEREAS, the Planning Commission held a public hearing on April 21, 2010 to consider a
Master Plan Amendment request, MP #10-01, by Faulkner Construction for the properties
generally located at 6352 Central Avenue and 1271 East Moore Lake Drive, legal description
attached in Exhibit B, and recommended approval of said master plan amendment; and
WHEREAS, the City Council approved the MASTER PLAN AMENDMENT, MP #10-01 at
their May 10, 2010, meeting, with stipulations attached as Exhibit A; and
WHEREAS, a copy of the MASTER SITE PLAN and EXTERIOR ELEVATIONS have been
attached as Exhibit C.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves MASTER PLAN
AMENDMENT, MP #10-01 for FALJLKNER CONSTRUCTION and sends notice to the
petitioner that any substantial modification to the approved master site plan and exterior
elevations, as shown in Exhibit C, will require further review by the Planning Commission and
City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
lOt'' DAY OF MAY 2010.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Page 2— Resolution -2010 — FALTLKNER MASTER PLAN AMENDMENT
EXHIBIT A
STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan A1 dated
May 4, 2010.
2. The building elevations shall be constructed in accordance with architectural plan A3.1,
A3.2, titled Exterior Elevations, dated May 10, 2010.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the proposed monument sign is 10 ft. from the property
line and driveway meets vision safety regulations and shall obtain all necessary permits
for signage erected on site.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
7. The petitioner shall preserve or relocate newly landscaped planter bed on the 1271 East
Moore Lake Drive parcel.
8. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
9. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
10. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
11. Stormwater management maintenance agreement shall be filed with the City prior to
issuance of building permits.
12. The petitioner shall obtain any required NPDES Permits.
13. Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
14. The petitioner shall combine the parcels at 6352 Central Avenue and 1271 East Moore
Lake Drive for tax purposes and to allow the proposed development to occur over both
lots.
15. If the proposed development is modified to be used for units other than assisted living
and memory care units, a master plan amendment will need to be obtained.
16. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to the May 10,
2010, City Council meeting.
Page 3— Resolution -2010 — FALTLKNER MASTER PLAN AMENDMENT
I�►.�:II:�Y1�:3
6352 Central Avenue:
Lots 2 and 3, Block 1, Herwal Rice Creek Terrace, subj ect to easement of record.
1271 East Moore Lake Drive:
Lot 5, Block 1, Herwal Rice Creek Terrace, subj ect to easement of record.
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CfTY OF
FRIaLE7
DATE:
TO
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 10, 2010
May 4, 2010
Wlliam W. Burns, City Manager
FROM: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
SUBJECT: Development Agreement for Faulkner Construction, MP #10-01 (Olivia Grove)
INTRODUCTION
On April 21, 2010, the Planning Commission considered a master plan amendment request, MP
#10-01 by Jim Faulkner of Faulkner Construction. The purpose of the master plan amendment
is to allow the construction of an assisted living and memory care facility on the parcels located
at 6352 Central Avenue and 1271 East Moore Lake Drive.
City Staff and the Planning Commission recommend approval of the master plan request, MP
#10-01, with 16 stipulations. Stipulation #16 states that a Development Agreement be prepared
and ready for City Council's review with the master plan amendment. That development
agreement has been finalized and is ready for City Council review and approval. Please see
the attached document for your review and approval.
RECOMMENDATION
Staff recommends approval of the attached development agreement as submitted.
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made this day of
, 2010, between
the City of Fridley, acting through its Mayor and City Manager (hereinafter called the
"City"), and James Faulkner, Chief Manager on behalf of Fridley Assisted Living, LLC,
developer, (hereinafter collectively called the "Developer")
WHEREAS, The Developer has made application to the City Council for the
approval of a master plan amendment for two parcels of land, the "Property" within the
corporate limits of the City legally described as follows:
Lots 2 and 3, Block 1, Herwal Rice Creek Terrace, subject to easements of
record.
Lot 5, Block 1, Herwal Rice Creek Terrace, subject to easements of record (the
"Project").
WHEREAS, the City Council, by resolution # , adopted ,
2010, granted Developer's master plan amendment request for the Property located at
6352 Central Avenue and 1271 East Moore Lake Drive, to allow the construction of an
assisted living and memory care facility on the condition that the project is developed
according to the Site Plan A1, dated May 4, 2010 and Elevations A3.1 and A3.2, dated
May 4, 2010, (See Exhibit C) and in accordance with stipulations of approval
incorporated herein by reference (See attached Exhibit A) and in accordance with the
Public Improvement Checklist (See attached Exhibit B).
NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as
follows:
1. DESIGNATION OF IMPROVEMENTS. Improvements to be installed at the
Developer's expense by the Developer as hereinafter provided are hereinafter referred to as
"Developer Improvements". Improvements to be installed by the City and financed through
assessment procedures are hereinafter referred to as "Public Improvements".
1
2. DEVELOPER'S IMPROVEMENTS. The Developer will construct and install
at Developer's expense the following improvements according to the following terms and
conditions:
A. The Developer shall retain a licensed professional engineer to design and
submit plans for approval by the City Engineer of all public and private site,
street, and utility improvements. The Developer shall be responsible for all
costs to design, permit, construct, inspect, and administer the improvement
contract and be required to escrow funds as surety as listed in Exhibit B.
Public Improvements including sanitary sewer main shall be on a separate
set of plans from the private improvements to allow the City to inspect and
approve the public improvements as a City project. All plans, original survey
information, and record drawings shall be provided to the City in an
AutoCAD compatible electronic format.
B. The Developer shall construct all site grading (unless otherwise determined
and approved by City Engineer), common greenway and open spaces,
storm water storage ponds and surface drainage ways including sodding of
boulevards, in accordance with an approved grading, drainage and erosion
control plan. A grading plan with maximum two-foot contours and cross
sections as necessary shall be submitted and approved by the City prior to
commencement of any site grading. The Developer shall be required to
provide finished (sodded) elevation stakes and hubs for all drainage areas
and any other areas as required by the City Engineer.
C. The Developer shall control soil erosion insuring:
All development shall conform to the natural limitations presented by
the topography and soil of the Property in order to create the best
potential for preventing soil erosion. The Developer shall submit an
erosion control plan, detailing all erosion control measures to be
implemented during construction, said plan shall be permitted by the
City of Fridley, Rice Creek Watershed District, and the Minnesota
Pollution Control Agency prior to the commencement of site grading
or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development. Appropriate control measures as
required by the City shall be installed prior to development when
necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for re-spreading over the developed area and also seeded, mulched,
and disk anchored. The topsoil shall be restored to a depth of at
�a
least four (4) inches.
D. Upon issuance of a building permit, the Developer is responsible to notify the
contractors and individual owners within the project that they assume and
are responsible for erosion control, including sodding of boulevards, seeding
or sodding of the front and side yards of all lots and protection of water and
sewer services. Such notification shall not relieve the Developer of the
responsibility for such items as required under this agreement. Any violation
will be cause for red tagging the site by the City Building Official, or
designee, and all inspections will cease until corrected.
E. The Developer shall place iron monuments at all lot and block corners and
at all other angle points on boundary lines. Iron monuments shall be placed
after all street and lawn grading has been completed in order to preserve the
lot markers for future property owners.
F. The Developer shall make all necessary adjustments to valves, curb stops,
and other structures to bring them flush with the topsoil (after grading).
G. The Developer shall remove and/or treat all dead or diseased trees (as
determined by the City Forester) before building permits will be issued.
Burying or burning of trees or construction debris is not permitted on the site.
Trees, tree stumps, or construction debris shall be removed from the lots.
The Developer shall mow all tall grass and weeds on the lots and boulevard
areas periodically throughout the season or as required by the City.
Performance shall be guaranteed by the financial guarantee recited herein.
H. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All
streets shall be maintained free of debris and soil. Warning signs shall be
placed when hazards develop in streets to prevent the public from traveling
on same and directing attention to detours. If and when the street becomes
impassible, such streets shall be barricaded and closed after obtaining
permits with the City of Fridley. Performance shall be guaranteed by the
financial guarantee recited herein.
The Developer shall be responsible for securing all necessary approvals and
permits from all appropriate Federal, State, Regional and Local jurisdictions
prior to the commencement of site grading or construction and prior to the
City awarding construction contracts for public utilities.
The Developer shall make provisions that all gas, telephone, cable television
(if available) and electric utilities shall be installed to serve the project.
K. Estimated cost of Developer's improvements, description and completion
dates are as listed in the Attached Exhibit B.
Furthermore, Developer shall be responsible for all of the development
costs and fees outlined in the Stipulations listed in Exhibit A, attached hereto
and made a part hereof.
L. Construction of Developer's Improvements:
Construction. The
equipment shall be in
approved by the City.
construction, installation, materials and
accordance with the plans and specifications
2. Inspection. All installation of Public Improvements shall require
approval of materials submitted and onsite inspection by the City
Engineer and his designee(s) prior to 1) their burial or covering,
and 2) testing. The City shall be given 24-hour weekday advance
notice as to when inspections shall be required and prior to any
testing. The developer shall incorporate provisions requested by
the City Engineer in their plans and specifications to include
materials submittals, notifications, maintenance of systems during
construction, etc. The City shall itemize time for personnel,
equipment, and consumables used to review submittals and
inspect the Public Improvements identified herein. The Developer
shall reimburse the City for all personnel, equipment, and
consumables associated with review and acceptance of materials
and construction of Public Improvements.
3. Easements. The Developer shall dedicate to the City, prior to
issuance of a certificate of occupancy, at no cost to the City, all
permanent or temporary easements necessary for the continued
maintenance of the Developer's Improvements as determined by the
City. All such easements required by the City shall be in writing, in
recordable form, containing such terms and conditions as the City
shall determine. The Developers shall record all said easements
with Anoka County and shall pay all costs associated with
preparation and recording of easements.
4. Faithful Performance of Construction Contracts. The Developer will
fully and faithfully comply with all terms and conditions of any and all
contracts entered into by the Developer for the installation and
construction of all Developer's Improvements and hereby guarantees
the workmanship and materials for a period of one year following the
City's written final acceptance of the Developer's Improvements.
Concurrently with the execution hereof by the Developer, the
Developer will furnish to, and at all times thereafter maintain with the
City, a surety in the form of a cash deposit, certified check, or
Irrevocable Letter of Credit, based on (one hundred fifty (150%)
percent of the public improvements plus 3% of the project value for
external site improvements) as indicated in Exhibit B. The
Irrevocable Letter of Credit shall be for the exclusive use and benefit
of the City of Fridley and shall state thereon that the same is issued
to guarantee and assure performance by the Developer of all the
terms and conditions of this Development Contract and construction
of all required improvements in accordance with the ordinances and
specifications of the City. The City reserves the right to draw, in
whole or in part, on any portion of the Irrevocable Letter of Credit for
the purpose of guaranteeing the terms and conditions of this
4
contract. The Irrevocable Letter of Credit shall be automatically
renewed or replaced not later than thirty (30) days prior to its
expiration with a like Letter of Credit.
5. Reduction of Escrow Guarantee. The Developer may request
reduction of the Letter of Credit, or cash deposit based on
prepayment of the value of the completed improvements at the time
of the requested reduction. The amount of the reduction shall be
determined and approved by the City Engineer.
M. The Developer shall provide a licensed professional engineer or their duly
authorized representative to oversee at the Developer's expense the
Developer's improvements until such improvements are completed and
accepted by the City.
N. When a period of one year has elapsed after the date of the acceptance
of the work by the City, the Developer shall contact the City and an
inspection by the City Engineer or his representative and the Developer
shall take place; and if the work is in good condition, the City shall take
official action and release the surety. If it is found by the inspection after
one year's use that some of the work and/or materials are defective, such
work and/or materials shall be replaced or repaired by the Developer and
when the Developer has properly replaced or repaired such defective
work and/or materials, the City may then release the surety.
3. PUBLIC IMPROVEMENTS In accordance with the policies and ordinances of the
City, the following described improvements (hereinafter collectively called the "Public
Improvements"), as referenced in the plans and specifications approved by the City
shall be constructed and installed by the Developer:
A. Sanitary Sewer Main including piping, manholes, and ancillary elements.
4. RECORDING AND RELEASE. The Developer agrees that the terms of this
Development Contract shall be a covenant on any and all portions of the Property. The
Developer agrees that the City shall have the right to record a copy of this Development
Contract with the Anoka County Recorder to give notice to future purchasers and owners.
This shall be recorded against the Project described on Page 1 hereof. City shall provide to
Developer upon acceptance of all public improvements a release of such parcel from the
terms and conditions of this Development Agreement.
5
5. REIMBURSEMENT OF COSTS. The Developer agrees to fully reimburse the City
for all costs incurred by the City including, but not limited, to the actual costs of construction
of said improvements, engineering fees, legal fees, inspection fees, interest costs, costs of
acquisition of necessary easements, if any, and any other costs incurred by the City relating
to this Development Contract and the installation and financing of the aforementioned
improvements.
6. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. No certificate of
occupancy will be issued for any structure until all infrastructure is completed according to
the City approved plan.
No Certificate of Occupancy permit shall be issued for any structure within the Property
until the following have been completed:
A. A letter from the Developer's engineer certifying the Property has been graded
according to the grading, drainage and erosion control plan as approved by the
City. The Developer will submit this certification to the City a minimum of two (2)
weeks prior to any Certificate of Occupancy permit being issued.
B. Removal/treatment of all dead, dying or diseased trees, as determined by the
City Forester, from the Property at the owner's expense or escrow for any
remaining trees that will need to be removed.
C. The first lift of street asphalt surface, sanitary sewer, storm sewer and water
main, has been constructed, considered operational, and approved by the City
Engineer. The Developer will notify the City a minimum of two (2) weeks prior to
any Certificate of Occupancy permit being issued.
The Developer further agrees that they will not cause to be occupied, any premises
constructed upon the Property until the completion of the gas, electric, telephone, cable
television (if available), streets to asphalt surface, sanitary sewer, storm sewer and water
main, unless the City has agreed in writing to waive this requirement as to a specific
premises.
rs�
Seeding and sodding of the project shall be completed as specified by City Code.
Escrowing prior to issuance of the Certificate of Occupancy shall be required for
incomplete items.
The City Building Official will issue a stop work order for violation of silt fencing and
erosion control.
7. CLEANUP. Developer shall immediately clean dirt and debris from streets
daily and surrounding properties that have resulted from construction by the Developer, its
agents or assigns. Performance shall be guaranteed by the financial guarantee recited
herein. The City reserves the right to perform such work as necessary and assess all cost
to the developer.
The Developer shall be responsible for rubbish blown off the building site.
8. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and
construction required by this contract and acceptance by the City, the Public Improvements
as defined in Exhibit B lying within public easements or over public land shall become City
property without further notice or action.
9. INSURANCE. Liability Insurance: The Developer shall have secured and
maintained such insurance policies as will protect himself, his contractor(s), and unless
otherwise specified, the City from claims for bodily injury, death, or property damage
which may arise from operations under this contract whether such operations by himself
or by a contractor or anyone employed by them directly or indirectly. The policies shall
not be for less than the amounts set forth as follows:
Workmen's Compensation Insurance Statutory
Public Liability Insurance $2,000,000.00 combined single limit
Property Damage $2,000,000.00 combined single limit
�l
Automotive Insurance:
A. Public Liability
B. Property Damage
$2,000,000.00 combined single limit
$2,000,000.00 combined single limit
Indemnity: The Developer shall indemnify and save harmless the City of Fridley from
and against all losses and claims, demands, payments, suits, actions, recoveries, and
judgments of every nature and description brought or recovered against him by reason
of any act or omission of the said Developer, his contractor(s), his agents, or employees,
in the execution of the work.
The Developer shall, unless otherwise specified, have maintained and paid for such
insurance issued in the name of the City of Fridley, as will protect the City from
contingent liability under this agreement, and the City's right to enforce against the
Developer any provision of this article shall be contingent upon the full compliance by
the City with the terms of such insurance policy or policies, a copy of which shall be
deposited with the City of Fridley. The certificate of insurance shall state that the hold
harmless agreement is insured.
10. REIMBURSEMENT OF COSTS FOR DEFENSE. The Developer agrees to
reimburse the City for all costs incurred by the City in defense of enforcement of this
contract, or any portion thereof, including court costs and reasonable engineering and
attorneys' fees.
11. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or
phrase in this contract is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect or void any of the other provisions of the
Development Contract.
12. GENERAL.
8
A. Bindinq Effect. The terms and provisions hereof shall be binding upon and
inure to the benefit of the heirs, representatives, successors and assigns of
the parties hereto and shall be binding upon all future owners of all or any
part of the Property and shall be deemed covenants running with the land.
B. Notices. Whenever in this agreement it shall be required or permitted that
notice or demand be given or served by either party to this agreement to or
on the other party, such notice or demand shall be delivered personally or
mailed by United States mail to the addresses hereinbefore set forth on
Page 1 by certified mail (return receipt requested). Such notice or demand
shall be deemed timely given when delivered personally or when deposited
in the mail in accordance with the above. The addresses of the parties
hereto are as set forth on Page 1 until changed by notice given as above.
C. Incorporation bv Reference. All plans, special provisions, proposals,
specifications and contracts for the improvements furnished and let pursuant
to this agreement shall be and hereby are made a part of this agreement by
reference as fully as if set out herein in full.
D. Assiqnment and Third Party Benefits. This development contract cannot be
assigned or transferred without the written consent of the City. There is no
intent to benefit any third parties and third parties shall have no recourse
against the City under this contract.
E. Clerical Revisions. In the event that any technical or clerical revisions are
needed in this document or if for any reason the County Recorder deems
the development contract un-recordable, the Developer shall cooperate with
the City in the execution or amendment of any revised development
contract.
13. REMEDIES FOR VIOLATIONS OF CONTRACT. In the event the Developer;
builder, or any subcontractor violates any of the covenants and agreements
contained in this Development Contract and that may be performed by the
Developer, builder, or subcontractor, the City, at its option, in addition to the rights
and remedies as set out hereunder, may refuse to issue building permits to the
Property until such time as such default has been inspected and corrected to the
satisfaction of the City. Furthermore, in the event of default by the Developer as to
any of the work performed by it hereunder, the City may at its option, perform the
work of the Developer and the Developer shall promptly reimburse the City for any
expense incurred by the City within thirty (30) days. Failure to do so shall result in
the City withholding the letter of credit. If the project is a multi-phase project, the
City may refuse to approve subsequent phases if the Developer has breached this
contract and the breach has not be remedied.
SIGNED AND EXECUTED by the parties hereto on this day of
, 2010
DEVELOPER CITY OF FRIDLEY
Owner: By:
James Faulkner, Chief Manager Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
10
EXHIBIT A- STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL
1. The property shall be developed in accordance with the architectural site plan A1
dated May 4, 2010.
2. The building elevations shall be constructed in accordance with architectural plan
A3.1, A3.2, titled Exterior Elevations, dated May 4, 2010.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the proposed monument sign is 10 ft. from the
property line and driveway, meets vision safety regulations and shall obtain all
necessary permits for signage erected on site.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of
building permit.
7. The petitioner shall preserve or relocate newly landscaped planter bed on the
1271 East Moore Lake Drive parcel.
8. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
9. The petitioner shall receive Rice Creek Watershed District approvals prior to
issuance of a building permit.
10. City engineering staff to review and approve grading and drainage plan prior to
issuance of building permits.
11. Stormwater management maintenance agreement shall be filed with the City
prior to issuance of building permits.
12. The petitioner shall obtain any required NPDES Permits.
13. Property owner of record at time of building permit application, to pay all water
and sewer connection fees prior to issuance of a building permit.
14. The petitioner shall combine the parcels at 6352 Central Avenue and 1271 East
Moore Lake Drive for tax purposes and to allow the proposed development to
occur over both lots.
15. If the proposed development is modified to be used for units other than assisted
living and memory care units, a master plan amendment will need to be obtained.
16. A Development Agreement outlining the Developer's obligation to install utilities,
etc., will be prepared by the City and shall be signed by the Petitioner prior to the
May 10, 2010, City Council meeting.
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EXHIBIT B— DESCRIPTION, ESTIMATED COST, AND PROPOSED COMPLETION
DATES OF DEVELOPER'S AND PUBLIC SITE IMPROVEMENTS
I. Developer's Improvements Estimated Cost Completion
1. Site grading, certification letter, as-builts $ 2,200.00 All work 5-1-11
2. Clearing and Tree Removal $ 6,000.00
3. Drainage and Erosion Control $ 4,000.00
4. Turf Restoration $ 3,000.00
5. Utility Services $ 4,586.00
I. Total Estimated Cost for
Developer's Improvements $ 19,786.00
II. Public Improvements Contract Admin. Estimated Cost Completion
1. Design of Public Improvements $ 1,000.00 All work 5/1/11
2. Permitting of Public Improvements $
3. Construction of Public Improvements$ 35,000.00
4. Construction Admin., including staking & survey $ 500.00
5. Record Drawings $ 500.00
6. Easement Preparation and Recording $ 500.00
I I. Total Estimated Cost for
C.A. of Public Improvements $ 37,500.00
Security Requirement
3% of item I. Developer's Improvements
+150% of item II. Public Improvements
= Total Security Requirement
$ 594.00
$ 56,250.00
$ 56,844.00
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EXHIBIT C- SITE PLAN AND ELEVATIONS APPROVED BY FRIDLEY CITY
COUNCIL
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FRIDLE7`
AGENDA ITEM
CITY COUNCIL MEETING OF MAY 10, 2010
Date: May 6, 2010
To:
From:
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Harris, Environmental Planner
Joint Powers Agreement for Cost Share on CSAH 1 Corridor Study
Background
For several weeks, staff has been working with Anoka County Transportation Department staff to solicit and
select a consultant to undertake a transportation study of the East River Road (CSAH 1) Corridor from I-694
north to I-610. An RFP was developed, proposals reviewed, and a consultant selected under joint partnership
between County, Fridley, and Coon Rapids staff. Five excellent proposals were received, making the choice
of a contractor difficult. After much study and interviews, the firm of Kimley Horn and Associates, Inc. was
selected to be the consultant for this important study. Kimley Horn and Associates has much experience with
this area as they were the engineering firm who designed the Northstar Rail Stations and is the firm selected
to complete a corridor study of Coon Rapids Boulevard for the County.
The purpose of the attached agreement is to name the consultant selected as well as establish the cost share
agreement the County and City share in this task. As explained to Council in an earlier visit by Kate
Garwood from the Anoka County Transportation staff, the City can use a portion of its State Health
Improvement Program (SHIP) funding as match for this program. Staff has confirmed that this is an
acceptable use of SHIP dollars and believe the work being completed in the corridor study will be a good use
of some of Fridley's SHIP funding.
Recommendation
Fridley City staff is pleased with the results of the partnership thus far and is excited about the quality of
work that is anticipated to be a result of this process and the consultant selected. Staff recommends that the
City Council approved the attached joint powers agreement with Anoka County and authorize the City
Manager and the Mayor to sign on the City's behalf.
Contract # 2010-0533
JOINT POWERS AGREEMENT
FOR THE COSTSHARE OF A CORRIDOR STUDY OF CSAH 1
IN THE CITIES OF COON RAPIDS AND FRIDLEY
(CP 10-11-01)
This Agreement made and entered into , 2010, by and between the County of
Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue
North, Anoka, Minnesota, 55303, hereinafter referred to as "County", and the City of Fridley, 6431
University Avenue NE, Fridley, MN 55432, hereinafter referred to as the "City".
WITNES SETH
WHEREAS, the parties of this agreement have long exhibited concern for the safety of the corridor
of CSAH 1 in the Cities of Coon Rapids and Fridley, and,
WHEREAS, the County sent out RFP's for said corridor, and,
WHEREAS, the County has entered into a Purchase of Service Agreement (Exhibit A) with Kimley
Horn and Associates, Inc., and,
WHEREAS, the parties agree that it is in their best interest that the cost of proj ect be shared; and,
WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into
j oint powers agreements for the j oint exercise of powers common to each.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
I. PURPOSE
The parties have joined together for the purpose of a corridor study of CSAH 1 in the Cities of Coon
Rapids and Fridley.
II. METHOD
The County shall provide all services and has caused the study of Anoka County Project No. C.P.
10-11-01 in conformance with said RFP. The County has done the calling for all bids and the
acceptance of all bid proposals.
III. COSTS
The Cost detailed in the Purchase of Service Agreement between Anoka County and Kimley Horn
and Associates, Inc. is listed as not to exceed Four Hundred Twenty-Five Thousand Dollars and
oo�loos ($4zs,000.00�.
The City of Fridley has agreed to contribute to the County as a lump sum amount of $20,400.00
which will be paid upon receipt of an Invoice from the County.
1
Contract # 2010-0533
IV. TERM
This Agreement shall continue until terminated as provided hereinafter.
V. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each
entity pursuant to the method provided by law.
VI. CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by the County in
conformance to the State laws.
VII. STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report of all receipts and disbursements shall be
made upon request by either party.
VIII. TERMINATION
This Agreement may be terminated by either party at any time, with or without cause, upon not less
than thirty (30) days written notice delivered by mail or in person to the other party. If notice is
delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination
shall not be effective with respect to any solicitation of bids or any purchases of services or goods,
which occurred prior to such notice of termination. The City shall pay its pro rata share of costs,
which the County incurred prior to such notice of termination.
IX. NOTICE
For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the
County Administrator of Anoka County 2100 Third Avenue North, Anoka, Minnesota 55303, on
behalf of the County, and the City of Fridley, 6431 University Avenue NE, Fridley, MN 55432, on
behalf of the City.
X. INDEMNIFICATION
The City and the County mutually agree to indemnify and hold harmless each other from any
claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective
officers, agents, or employees relating to activities conducted by either party under this Agreement.
XI. ENTIRE AGREEMENT REQUIREMENT OF A WRITING
It is understood and agreed that the entire agreement of the parties is contained herein and that this
Agreement supersedes all oral agreements and all negotiations between the parties relating to the
subject matter thereof, as well as any previous agreement presently in effect between the parties to
the subject matter thereo£ Any alterations, variations, or modifications of the provisions of this
Agreement shall be valid only when they have been reduced to writing and duly signed by the
parties.
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Contract # 2010-0533
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates
written below:
COUNTY OF ANOKA
By:
Dennis D. Berg, Chair
Board of Commissioners
ATTEST:
By:
Terry L. Johnson
Fridley County Administrator
CITY OF FRIDLEY
By:
Scott J. Lund
Mayor
Da
:
William W. Burns
City Manager
Dated: Dated:
RECOMMENDED FOR APPROVAL:
By:
Douglas Fischer, P.E.
Fridley County Engineer
Dated:
APPROVED AS TO FORM AND EXECUTION:
I�
Dan Klint
Assistant Fridley County Attorney
:
Dated:
:
Dated: Dated:
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� AGENDA ITEM
� CITY COUNCIL MEETING OF MAY 10, 2010
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FRIDLE7`
INFORMAL STATUS REPORTS