CCA 09/10/2012�
� CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
CffY OF
FRIDLEI'
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.
PROCLAMATIONS:
Constitution Week: September 17-23, 2012
Get Fit Fridley Day: September 22, 2012
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
Canvass Board Meeting of August 17, 2012
City Council Meeting of August 20, 2012
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission
Meeting of August 15, 2012 ....................................................................... 1- 15
2. Resolution Consenting to the Housing and Redevelopment
Authority in and for the City of Fridley, Minnesota, Adopting
a 2012 Tax Levy Collectible in 2013 ............................................................. 16 - 18
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2012 PAGE 2
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NEW BUSINESS (CONTINUED):
3. Resolution Authorizing the Mayor and City Manager to
Enter the City of Fridley Into a 30-Year Agreement with
Independent School District #14 for Cooperative Use
of the Fridley Community Center .................................................................. 19 - 38
4. Resolution Authorizing the Mayor and City Manager to
Enter the City of Fridley into a 30-Year Agreement with
Independent School District #14 for Cooperative Use
of the Hayes Elementary School Gymnasium .............................................. 39 - 53
5. Claims (156414 — 156641) .......................................................................... 54 - 72
6. Licenses ....................................................................................................... 73 - 80
7. Estimates ..................................................................................................... 81
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
PUBLIC HEARING:
8. Consideration of a Rezoning Request, ZOA #12-01,
by MDW Equity, LLC, to Rezone Property from
C-3, General Shopping, to C-2, General Business,
Generally Located at 6101 University Avenue N.E.
-
ar ....................................................................................................... 82 89
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2012 PAGE 3
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9. Approve Preliminary Plat Request, PS #12-01, by
Brian Krystofiak of Carlson McCain, on Behalf of
William Fogerty, the Owner of Columbia Arena, to
Subdivide the Existing Large Lot into Three Separate
Lots to Allow for Potential Future Development
Opportunities on the Site, Generally Located at
7011 University Avenue N.E. (Ward 1) ......................................................... 90 - 101
10. Resolution Revoking Special Use Permit, SP #09-03,
Special Use Permit, SP #09-04, and Special Use
Permit, SP #10-11; and Approving Special Use Permit,
SP #12-04, for Carlson McCain on behalf of William
Fogerty, for the Property Located at 7011 University
Avenue N.E. (Ward 1) .................................................................................. 102 - 115
11. Resolution to Vacate the Alley In Between Main Street
and 2"d Street, that is Bordered by 60th Avenue and 61St
Avenue, Petitioned by the Property Owner at 6008 2nd
Street, the Anoka County Community Action Program
(ACCAP) (Ward 3) ........................................................................................ 116 - 121
12. Resolution Approving a Transit Oriented Development
Master Plan, TOD #12-01, by the Anoka County
Community Action Program, Inc., (ACCAP), for the
Purpose of Constructing a New Three-Story, Multi-Family
Building at 6000 and 6008 2"d Street N.E. (Ward 3) ..................................... 122 - 128
13. Resolution Abating the Accrued Interest for the Taxes
Payable Years of 2011 and 2012 for 6111 Star Lane N.E.
Within the 2009-2 Street Improvement Project (Ward 1) .............................. 129 - 131
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2012 PAGE 4
NEW BUSINESS (CONTINUED):
14. Approve the Private Sanitary Sewer Repair Assistance
Program for Inflow and Infiltration (I/I) Mitigation .......................................... 132 - 137
15. Informal Status Report ................................................................................. 138
ADJOURN.
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COXSTITUTl01V WEEK
SEPTEMBER 17 - �3, zol�
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WHEREAS, ou� Founding Fathers, in orde� to secure the blessings of �libe�ty fo� themselves and
their poste�•ity, did ordain and establish a Constitution for the United States; and
WHEREAS, September 17, 2012, marks the 225th anniversary of the d�afting of the Constitution
of the United States ofAme�ica by the Constitutional Convention; and
WHEREAS, it is fitting and pNOper to accord official recognition of � this �nagnificent document
and its �nemorable anniversary; and,
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the
Pr•esident of'tlae United States of'America designating September• 17 th�ough 23 as Constitution
Week,
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor� of�the City of�Fridley,
do l2eVeby proclaim the week of Septembe� 17 through 23, 2012, as
CONSTITUTION WEEK
in the City of Fridley, Minnesota.
IN WITNESS WHEREOF, I have set my
hand and caused the seal of the City of
F�•idley to be affixed this lOth day of
SeptefnbeN 2012.
Scott J. Lund, Mayor
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GET FIT FRIDI�YDAY
SEPTEMBER ��, �os�
c�s�
WHEREAS, the City of Fridley cares deeply about all of its citizens and the future Izealth of'its children;
anc�
WHEREAS, active lifestyles lead to better health, increased self� confidence, stress reductioji, and a
healthier, mor�e productive community, and
WHEREAS, GET FIT FRIDLEY seeks to foster active living and healthy lifestyles by providing our
community the structure and resources to implement healthy community initiatives; and
WHEREAS, GET FIT FRIDLEY encourages everyone to be less sedentary, eat better and live
healthier•, fnore positive, and more energetic lifestyle; and
WHEREAS, GET FIT FRIDLEY encourages all of�our citizens to take advantage of tlze many fihzess,
recreation, wellness arid nutrition prograrns available in our sch�ools and community; and
WHEREAS, GET FIT FRIDLEY will work to implement a comprehensive program of� outreach,
education and activities to combat obesity and inactivily issues in our communily; and
WHEREAS, GET FIT FRIDLEY provides an opportunity for the community to make a strostg
commitment to healtli, physical activity, ancl fitness tlzat will improve the guality of�life in Fridley;
NOW THEREFORE BE IT RESOLVED, that, I, Scott Lund, Mayor of the City of Fridley, do hereby
proclaim Saturday, September 22, 2012 as
GET FIT FRIDI.EYDAY
in Fridley, Minnesota, and encourage all Fridley resic�ents to participate in Get Fit Fridley by exercising,
eating properlv and living healthier and better lives.
IN WITNESS WHEREOF, I have set my Iiand
and caused the seal of � the City of � Fridley to be
affixed this 10`h day of September, 2012.
Scott J. Lund, Mayor
CITY OF FRIDLEY
CANVASS BOARD
AUGUST 17, 2012
CALL TO ORDER:
Mayor Lund called the meeting to order at 4:04 p.m.
Those present were Mayor Scott Lund; Councilmember James Saefke; Councilmember Ann
Bolkcom; William Burns, City Manager; Darin Nelson, Finance Director; and Debra Skogen,
City Clerk.
ADOPTION OF AGENDA:
Councilmember Bolkcom MOVED and Councilmember Saefke seconded a motion to adopt
the agenda. The vote was unanimous and the motion passed.
STATEMENT OF CANVASS FOR THE PRIMARY ELECTION HELD AUGUST 14,
2012:
Debra Skogen, City Clerk, reviewed the Canvass Report of the Primary Election that was held
August 14, 2012. At 7:00 a.m. there were 14,835 registered voters. Thirty-two individuals
registered on Election Day for a total count of 14,867 registered voters. Of those registered
voters, 1,477 cast a primary ballot in the City. The voter turnout was 10%, which was 1%
higher than the state average.
The following wete the results fot Councilmember-at-Large: Bob Barnette - 779 votes; Bt-uce
Rhea - 112 votes; Rick Wolfe - 448 votes; and 137 blank votes for a total of 1,477. Based on
the t-esults, Bob Barnette and Rick Wolfe will pt-oceed to the general election.
Ms. Skogen teviewed the ballot and the election judges that wete appointed and worked the
Primary Election.
Councilmember Bolkcom MOVED and Councilmember Saefke seconded a motion approving
the August 17, 2012, Canvass Repot-t for the August 14, 2012 Primaty Election. The vote was
unanimous and the motion passed.
ADJOURNMENT:
Councilmember Saefke MOVED and Councilmember Bolkcom seconded a motion to adjourn.
The vote was unanimous and the meeting was adjourned at 4:10 p.m.
Respectfully submitted,
Debra A. Skogen Scott J. Lund
City Clerk Mayot
CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 20, 2012
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmembet Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Darcy Erickson, City Attot-ney
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
Darin Nelson, Finance Director
PRESENTATION:
Leah Kruc — 2013 Minneapolis Aquatennial Princess
Presentation of Certificate of Appreciation to Marcy Sibell
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of July 23, 2012
Councilmember Bolkcom referred to page 4, Item 6, line 5, should read "...below some other
cities. ..." Also, on line 6, it should read "the mean for the State. ..."
APPROVED AS CORRECTED.
NEW BUSINESS:
1. Resolution Affirming Special Use Permits, SP #95-OS and SP #04-05, Permitting a
Garden Center at Home Depot, Generally Located at 5650 Main Street N.E.
(Ward 3).
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 2
William Burns, City Manager, stated last October, Council approved a resolution requested by
staff which would tevoke Home Depot's special use pet-mits for outdoot storage on August 31 of
this year. Since then, Home Depot has abided by the stipulations for their special use permits.
Based upon this cooperative response, staff recommends that Council teinstate Special Use
Permits, SP #95-OS and SP #04-05.
ADOPTED RESOLUTION NO. 2012-47.
2. Resolution Calling f'or a Public Hearing on Modifications to the Redevelopment
Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for
Tax Increment Financing District Nos. 6-7, 9, 11-13 and 16-20, Creation of Tax
Increment Financing District No. 21, and Approval and Adoption of a Tax
Increment Financing Plan Relating Thereto.
William Burns, City Manager, stated the Fridley HRA acquired properties on the east side of
University Avenue, south of 61 St Avenue, beginning in 2006. In 2009, the HRA began
demolishing the properties with demolition being completed in 2011. Now that the buildings
have been razed, we must create TIF District No. 21 by the end of this yeat ot lose the ability to
do so under State law. Under this law, we do have the ability to delay the collection of TIF
tevenues for up to four additional yeats. The tesolution sets Octobet 8 as the public hearing date
for establishment of a TIF district. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2012-48.
3. First Reading of an Ordinance Recodif'ying the Fridley City Code by Amending
Appendix F to Provide for the Adjustment of Salaries for the Mayor and
Councilmembers in Accordance with Section 2.07 of the Charter of the City of
Fridley.
William Burns, City Manager, stated staff is recommending a 2 percent increase which is
consistent with the rate increase for other City employees for 2013. The increase raises the
salaries to the following amounts: Mayor, $10,732; Councilmember-at-Large, $8,798.40; and
Ward Councilmembers, $7,800. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for the Jackson Street Storm Sewer Improvement Project No. 413.
William Burns, City Manager, stated the cost to be paid by the 22 property owners is estimated
at $32,000. This cost will be assessed in equal principle installments over ten (10) years at an
interest rate of 5.25 percent. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2012-49.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 3
5. Resolution Directing Publication of the Hearing on the Proposed Assessment for the
Jackson Street Storm Sewer Improvement Project No. 413.
William Burns, City Manager, stated the proposed hearing date is September 24, 2012. Staff
tecommends Council's apptoval.
ADOPTED RESOLUTION NO. 2012-50.
6. Resolution Declaring Cost to be Assessed and Ordering Preparing of Proposed
Assessment for the Street Improvement Project No. ST. 2012-01.
William Burns, Ciry Manager, stated they estimate the cost to be assessed to 225 properties will
be $525,000. The amount will be assessed in equal principle installments ovet ten (10) years at
an interest rate of 5.25 percent. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2012-51.
7. Resolution Directing Publication of the Hearing on the Proposed Assessment f'or
Street Improvement Project No. 2012-01.
William Burns, City Managet-, stated the pt-oposed hearing date is Octobet- 8, 2012. Staff
recommends Council's approval.
THiS iTEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
8. Resolution Abating the Assessment for a Certain Property within the 2009-02 Street
Improvement Project.
William Burns, City Manager, stated this resolution is for abating the assessment for a property
erroneously included in the 2009-02 street improvement project. Shortly after the 2009-02
project assessments were approved by Council in October 2010, staff apparently included a
property identification number that was one digit off when it transferred the assessment to the
County. The property owner for PIN 13-30-24-33-0060 has asked that this assessment be
repealed. After consultation with Anoka County, staff has determined Council should abate this
assessment. The County will refund any assessments paid by the owner of this property, and
they will also send a letter to the owner of the property who should have been assessed. The
letter will notify them of the assessment and give them 90 days to make the payment. Staff
recommends Council's approval.
TffiS ITEM WAS RECONSIDERED ON THE REGULAR AGENDA.
9. Resolution Providing for the Issuance and Sale of $1,295,000 General Obligation
Equipment Certificates, Series 2012A, and Levying a Tax for the Payment Thereof.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 4
William Burns, City Manager, stated in addition to more routine purchases for items such as
Police squads and othet Public Wotks maintenance equipment, the putchases fot 2013 include
two six-yard dump trucks at a cost of $270,000 and a pumper truck for the Fire Department at a
cost of $600,000. The most competitive ptoposal for purchase of these cet-tificates was teceived
from UMB Bank, N.A., of Kansas Ciry, Missouri, at the true interest cost of 1.3188 percent.
Because of the lower than expected interest rate cost, the total debt issuance was teduced by
$15,000 to $1,280,000. The amount mentioned in the resolution should be amended to
$1,280,000. Staffrecommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
10. Motion to Approve Post-Issuance Debt Compliance Policy f'or the City of' Fridley.
William Burns, Ciry Manager, stated the IRS requires the Ciry adopt this policy to ensure it
makes the proper use of the proceeds for tax-exempt debt. The policy applies to bonds, notes,
equipment certificates, lease purchase contracts, lines of credit, and any other form of debt that is
subject to compliance by the iRS. Staff recommends Council's approval.
APPROVED.
11. Claims (156068 -156413).
APPROVED.
12. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Saefke requested that Item No. 3 be removed.
Councilmember Bolkcom asked that Item Nos. 7 and 9 be removed.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
Nos. 3, 7, and 9. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 3,
7, and 9. Seconded by Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 5
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. First Reading of an Ordinance Recodifying the Fridley City Code by Amending
Appendix F to Provide for the Adjustment of Salaries for the Mayor and
Councilmembers in Accordance with Section 2.07 of the Charter of the City of
Fridley.
Councilmember Saefke stated even though the statistics show their salaries are below the
average of sunounding communities, he would like to move not to inctease theit pay fot 2013.
MOTION by Councilmember Saefke to indefinitely table this item. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7. Resolution Directing Publication of the Hearing on the Proposed Assessment for
Street Improvement Project No. 2012-01.
Councilmember Bolkcom stated she inadvertently removed this item and meant to remove Item
No. 8.
MOTION by Councilmembet Bolkcom to adopt Resolution No. 2012-52. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Resolution Providing for the Issuance and Sale of $1,295,000 General Obligation
Equipment Certificates, Series 2012A, and Levying a Tax for the Payment Thereof.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-54. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Resolution Abating the Assessment for a Certain Property within the 2009-02 Street
Improvement Project.
MOTION by Councilmember Bolkcom to reconsider this item. Seconded by Councilmember
Saetke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 6
Councilmember Bolkcom asked how the PIN was entered wrong. Also, did the property owner
originally receive the notification of the public hearing?
Darin Nelson, Finance Director/Treasurer, replied the correct address did receive all the initial
public hearing infot-mation including the final notice befote the public heating. They just
received the wrong courtesy letter that was sent out after the Council approved the special
assessments. At that point, the assessment toll was sent to the County, and there was a typo by
one number.
Councilmember Bolkcom said the original person who was supposed to get the assessment
t-eceived all the notices fot- the public hearing and then did not t-eceive the lettet- aftet-wat-ds.
Mr. Nelson replied they teceived all the conect infot-mation thtoughout the whole process fiom
the beginning through when the Council approved it.
Councilmember Bolkcom asked whether the person who received the assessment by error
would be refunded evetything, including any intet-est that incurred during those two years.
Mr. Nelson replied, cort-ect.
Councilmember Bolkcom asked whethet- the pet-son who should have received it does not have
to pay any interest.
Mr. Nelson replied, no. According to the County, they are in arrears of the interest and principle
payments so they at-e t-esponsible for any accrued interest and principals to this point in time. He
guessed they have 90 days to get up to speed and be where they should be at this point in time.
Councilmember Bolkcom asked if it was on their tax statement.
Mr. Nelson replied it was not on their tax statement.
Councilmember Bolkcom asked why they should have to pay interest.
Mr. Nelson replied they should have known about the assessment. They were provided all the
mailings and they were legally notified that the assessment was coming down the line. Not that
it was any fault of the property owner but, according to the County, the property owner is
responsible for that.
Councilmember Earnette asked if that party has complained to anyone about paying the
interest.
Mr. Nelson replied the City has not notified the property owner yet. They will be doing that
with a letter and explaining the situation. He does expect to hear from the property owner.
Councilmember Bolkcom asked if the property owner attended the public hearing.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 7
Mr. Nelson replied he does not know.
Councilmember Bolkcom stated that is why she pulled it. It seems wrong to het. First, it is an
error on the City's part. How are they going to make sure it does not happen again? Also, if
they do not see it on theit statement perhaps they are thinking it is not until next year since they
did not get the courtesy letter.
Mr. Nelson replied he can talk with the County and see if there are some other options available.
Councilmember Barnette stated that it would be an issue between the individual and the
County, mot-e directly than the City.
Councilmember Bolkcom stated she disagrees. It was the City's et-rot by sending the wrong
PIN.
Councilmember Barnette replied, he thinks it is up to the County to decide whether the
pt-opet-ty ownet- has to pay the interest.
William Burns, City Managet-, stated they have two things going het-e. One, thet-e is the t-epeal
of the assessment against the wrongfully assessed person which is really the only thing in front
of them tonight. They can wot-k with the Counry to detet-mine what happens to the assessment
for the person who deserves to have it. He agrees there is some room for discussion of the
intet-est, especially if it is penalty interest, to that pat-ty. He would probably wot-k toward
eliminating any penalties; however, continue to charge them the interest rate that is due on the
assessment.
Councilmember Bolkcom replied, but that is her whole point, they never received anything. It
is not on their tax statements.
Dr. Burns stated they could look at it outside the meeting and try to come up with something
that is fair. One other thing they might consider doing is giving them 30 days to pay the whole
thing and avoid any interest at all. However, they are also working with the County on this
matter.
Mr. Nelson stated, right. The County actually requires the abatement portion of this to actually
come to Council which it seems with an error they would not necessarily need to have that type
of a formal process. As Dr. Burns said, they can definitely work with this property owner and
make sure things are made whole or just.
Dr. Burns stated staff will get back to Council.
Councilmember Bolkcom asked, and how do they prevent this from happening again? This is
the first time she has ever heard of anything like this.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 8
Mr. Nelson replied, he was talking with his Assistant Finance Director, Al Foley, and he said in
his 12 to 14 yeats hete and among all the thousands of assessments they have done, this is the fist
time he has seen it. It was basically a typo that seemed out of place in the listing and for some
teason it got changed. It seemed out of sequence compated to the test of them. He does not
know if that got changed to bring the sequence back in order and actually threw the property off
onto the east side when it should have been left whete it was.
Councilmember Bolkcom stated as pat-t of the tepot-t, she would like to know whether the
property owner who should have received the assessment was at the public hearing.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-53.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS: No one fiom the audience spoke.
NEW BUSINESS:
13. Resolution Certifying Proposed Tax Levy Requirements for 2013 to the County of
Anoka.
Darin Nelson, Finance Director, stated this levy complies with the City's charter requirements
regarding inflationary increases and public disclosut-e. The total pt-oposed 2013 levy equals
$11,270,674 or 5.3 percent more than the 2012 levy. It should be noted that 1.7 percent of this
levy inct-ease is attributed to the change in debt set-vice t-equit-ements--most notably, the new
equipment certificates that were just approved tonight.
Mr. Nelson stated the question that is often raised is what affect does this 5.3 percent increase
have on the average homeowner within the City of Fridley? Unfortunately, preliminary tax
estimates are difficult to determine, because of both the shift in property valuations and the fact
that the County does not have all the fiscal disparity information available to complete the tax
calculations at this point. He said he spoke with the County this morning, and to try and find a
tax increase at this point is kind of rudimentary; therefore, they are using their best guess at this
time.
Mr. Nelson presented a chart of the property valuation changes from 2011 to 2012. The
residential property values actually decreased about 10.3 percent over 2011 to 2012. The
January 21, 2012, value is the value they use to determine the taxes payable for 2013. The
commercial/industrial values decreased 8 percent, and the apartments decreased at 1.4 percent.
These changes in valuations amongst the different property types will shift the tax burden
accordingly. Because of a larger percentage of decline with other property types, residential
property owners will likely see a lower percentage increase compared to the total levy increase
of 5.3 percent.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 9
Mr. Nelson stated an avetage valued home with an estimated matket value of $150,000 will see
a tax increase of approximately $31 which he estimated very conservatively on the high side to
make sute that it comes in at that ot lower. Tt-uth in taxation notices will be mailed to all
property owners mid-November. The 2013 levy is $11,270,674, compared to the 2012 levy of
$10,703,000, giving the City a total levy increase of $566,935 ot by 5.3 percent.
Mr. Nelson stated this is a proposed levy and is tequired to be provided to the County auditor by
September 17. This proposed levy is the maximum that can be certified to the Counry auditor in
Decembet and can be teduced ptior to that time but cannot be increased. In keeping with State
law regarding budget meetings for the 2013 budget, the public meeting for the 2013 budget and
tax levy will be held on December 3 at 7:30 p.m. at the Fridley Municipal Centet-. They at-e also
scheduled to hold the second of two budget work sessions on October 15 at 6 p.m. in Meeting
Rooms 1 and 2 in the Ftidley Municipal Centet.
Mr. Nelson stated staff tecommends Council approve this resolution. It should be noted with
the bonds issued tonight, they came in lower than anticipated; therefore, the City will be
lowering its bond indebtedness slightly, and this will change the amount of the final levy. Fot-
now, this is what the City's proposed levy will be and will show on the truth and taxation
statements.
Councilmember Saefke stated he just wanted to make sure everyone understands they are only
talking about the City's taxes, and not the school or County.
MOTION by Councilmember Barnette to Adopting Resolution No. 2012-55. Seconded by
Councilmembet- Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Resolution Adopting the 2013 Proposed Budget.
Darin Nelson, Finance Director, stated the certification of the proposed budget must be to the
County auditor by September 17 in accordance with State law regarding budget levies. The City
is following all of the requirements in Chapter 275 of the State Statutes. By having this item on
the agenda this evening, the City is complying with Section 7.05 of the City Charter, requiring
that the proposed budget be a principal item of business at the last regular meeting of August.
Mr. Nelson stated for 2013, the economy continues to play a role in the difficulty of developing
departmental budgets and continuing to provide the same level of service. A major issue the City
grapples with annually is the State's economic condition and the loss or decertification of LGA.
The City also continues to maintain budget cuts implemented over the past number of years, and
strive to keep the same level of service.
Mr. Nelson stated the 2013 proposed budget and the resolution is being presented to Council for
approval. As in the past, the City Manager will be providing Council with an in-depth overview
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 10
of the 2013 budget at the December 3 Council meeting in the form of a public meeting. The
temaining steps in the budgeting ptocess ate as follows:
• A Council budget work session is scheduled to be held on October 15. This will be the
second of two work sessions. The fitst was held on June 18.
• Public meeting of the budget will be held on December 3 which will include discussion
of both the levy and budget resolutions.
� The tesolutions approving both the 2013 levy and budget will be on the agenda for
approval at the December 10 Council meeting.
Mr. Nelson presented a recap of the general fund, special revenue funds, and capital project
funds — comparing 2013 and 2012. The general fund proposed budget is scheduled to go up
about 3.5 percent to about $14,753,000. The special revenue funds are decreasing signiticantly
because of some capital outlays that are happening this year. Also, the 2013 capital project funds
are increasing, mainly because of the capital equipment notes to purchase the fire truck and other
capital equipment along with street improvements, etc. This brings the City to an overall
increase of 4.3 percent for 2013.
Mr. Nelson stated the budget before them should be viewed as the proposed budget for 2013.
Staff recommends Council's approval of the resolution.
Councilmember Bolkcom asked Dr. Burns because they still have a budget session scheduled
on October 15, and they have some issues to still be worked out, does he feel confident the
resolution in front of them is as good as they can get at this point.
William Burns, City Manager, replied yes. The variable that typically changes this time of year
is the health insurance. They do not know yet what it is going to cost for employee health
msurance.
Mayor Lund stated one more difference that is going to come down on the revenue side is the
liquot fund. It looks like they ate only doing $250,000 now and they were doing $350,000.
Mr. Nelson replied that is because of the liquor stote going through the temodel at Cub.
Dr. Burns asked Mt. Nelson if he is sees any majot changes in the budget.
Mr. Nelson replied he has not seen anything tet-ribly significant.
Councilmember Saefke said the City is not counting on LGA in this budget.
Mr. Nelson replied they have LGA in the budget, but it is in the capital improvements fund;
therefore, if they do receive any, they kind of see it as one-time money and not necessarily in
operations. They actually have used a lowet amount than what they ate cet-tified to receive. The
State had come out originally at the beginning of the year with a lower amount. He thought it
was lowered by mote than $200,000.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 11
MOTION by Councilmember Saefke to adopt Resolution No. 2012-57. Seconded by
Councilmembet Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Resolution Identif'ying the Need f'or Livable Communities Transit Oriented
Development Funding and Authorizing Applications for Grant Funds.
Scott Hickok, Community Development Ditector, stated this is a tesolution stating Council
authorizes staff to proceed with the Ciry's application to the Metropolitan Council to receive
LCDA TOD gtant funds. Fridley is eligible to apply for these funds since it is a participating
livable city and has a Northstar station. LCDA TOD grant funds are a rare opportunity to obtain
funding fot design and acquisition of land fot future ptojects.
Mr. Hickok stated knowing the City has long-tange plans to cteate the connection fiom
Medtronic Parkway to East River Road, and knowing that the HRA needs a dense quality
development to occut on the vacant land neat I-694 and East River Road, and knowing the HRA
is receiving inquiries for housing construction on its University Avenue lots, staff compiled three
LCDA TOD grant applications that help furthet those goals.
Mr. Hickok stated there are fout- diffet-ent types of gt-ants to apply for. Staff applied fot- two of
the four types. Staff applied for the two pre-development design grants and one development
acquisition gtant. Ftidley has the authotity to cteate a ttansit TIF district on 175 actes atound the
train station. Neither the plan approved in a 2005 rezoning nor the recent redevelopment
intet-ests in the 25-act-e pat-cel at East Rivet- Road and i-694 provide a level of added value the
HRA envisions when generating income to this transit infrastructure TIF district.
Mr. Hickok presented a map showing the Metropolitan Council's area where they can apply for
funds. This does not reflect identically what the City's transit TOD district is. Even though
some of the City's TOD area comes outside of the Metropolitan Council's area, it is contiguous
land and staff thinks it is eligible and the Met Council will agree.
Mr. Hickok stated the TIF inaster plan application is for funding for the City to hire a consultant
to develop the design for the 57th Avenue bridge and develop a plan for how the areas could be
developed in the TIF district areas under the new TOD guidelines. They are asking for $100,000
in grant funds; and they would be committing $25,000 in an in-kind match. Staff is also
requesting the maximum allowed which is $100,000 for the design of a pedestrian bridge at 61't
Avenue. The total project cost in that case is $265,000. With the City in an in-kind match of
$25,000, they are looking for other funds for that particular project.
Mr. Hickok presented a concept rendering by an architect to give them a sense of how that
overpass might look at 61'` and University Avenue. They do have a developer right now who is
interested in the former Sinclair site, and that developer would also be interested in the
possibility of connecting his new building to the overpass, thereby allowing the elevator to be
used for his private needs on one side and for the public needs for the elevator to the overpass on
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 12
the other side. This could be a very exciting way to tie in the development that would happen on
the Gateway Northeast site with something they think they have needed fot a long time, and that
is an east-west connection for pedestrians over University Avenue. Again, they are talking about
funds to furthet design this. Thetefote, when looking at the atchitect's rendering, thete is a lot of
engineering and detail elements that go well beyond the concept design they see here.
Mr. Hickok stated the third application is for funds to acquire the land necessary to complete the
futute 57`� Avenue connection to East Rivet Road. If the City can get the bridge designed by a
pre-development grant and acquire the land the design calls for, the City would then be posed to
wotk with Anoka County and apply for STP funds to constt-uct the btidge itself to make that 57th
Avenue connection. The land they are talking about acquiring is the land between Main Street
and the t-ailroad tt-acks. They may t-ecall that the land between East Rivet- Road and the t-ailroad
tracks was master planned as part of the rezoning for that 25-acre site. They do anticipate the
development that happens on that 25 acres will bting the City the cutb, guttet, and asphalt
necessary to make that connection to the bridge on that side. All the development people who
have been intetested in the potential of those 25 acres have been made aware of that and seem to
believe that connection would be very positive for that development as well.
Mr. Hickok stated the Ciry and the County are currently using unspent East River Road corridor
funds to have the consultant the City worked with, Kimley-Horn and Associates, and Paul
Danielson to establish parameters and to prepare design schematics. No match is required for the
development gt-ant, and the City is requesting $256,723 in gt-ant funds which is estimated to
cover the cost of both the appraisals and the acquisition for the piece that is needed between
Main Stteet and the railtoad ttacks.
Mr. Hickok stated with limited funds, Met Council has asked staff to priotitize the applications.
Staff recommends making the master plan funding application a priority with the University
Avenue pedestrian bridge second, and all three applications were submitted on August 13. The
Met Council is allowing cities 30 days to get a Council resolution and they are null and void if
Council does not support what they are looking at doing. If they do, then they do keep on course
and, if the money becomes available to the City, we will move to the next stage.
Mr. Hickok stated staff recommends Council's approval. Once approved, staff will forward the
resolution to the Metropolitan Council.
Councilmember Bolkcom asked if they could redo the fence.
Mr. Hickok replied, absolutely. Mr. Kosluchar has been talking with MnDOT on segments of
that right now. They think that development of Gateway Northeast will bring alive the Citgo site
as well. One of the things he would recommend they do with MnDOT is start with that segment,
starting at Citgo up to Mississippi on the east side and take it out. They are not protecting
residential at that point. It would be no different than the main drag through St. Peter,
Minnesota, or Highway 65 through Blaine, Minnesota, or any other location where MnDOT
brings a highway through right next to the commercial entities. They would have a different
response where residential is abutting the roadway. Staff needs to talk more about this.
Conceptually, now would be a good time to talk about that issue.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 13
Councilmember Bolkcom asked with respect to the $20,000 for staff-committed time, do they
anticipate hiting someone part-time to do some other wotk?
Mr. Hickok replied, they think some of that can be absotbed with staff time, but not all of it.
They would also look at MSA funds to assist with that local match as well.
Councilmember Bolkcom asked, as far as using MSA funds, they do not anticipate the City's
budget would inctease as fat as petsonnel costs? She asked if Dr. But-ns was in agreement with
that.
Dr. Burns replied he was in agreement with that.
Mr. Hickok stated regarding the $140,000 they talked about, that is the difference between
$260,000, less the $100,000 they might get fiom Mettopolitan Council, the $25,000 the City
would put "in-kind" there, and $140,000 of other funds. They would not be able to move ahead
in design, and the Council knows that in the City's application. However, thete ate some of the
possibilities, perhaps the County Rail Authority. At this point they are way too early for that.
They are certainly interested in our Northstat- station being successful and having t-idet-ship
increase. They also realize that an impediment to that are the east-west connections along
University.
Mr. Hickok stated the thing they are finding is that once this is designed, thet-e seems to be a
number of different sources to get it built.
Councilmember Bolkcom asked Mr. Hickok is that why he is saying without the master plan
the other things do not happen?
Mr. Hickok replied the transit TIF district was created for us. It is a mechanism by which they
can earn increment and turn that increment around and put it into infrastructure in our TOD.
Only if we get good solid development that creates a lot of good increment, do we have enough
to turn back into projects. They have probably three good candidates looking at the 25-acre site
right now at 694 and East River Road, and those people need to understand they are an important
piece to future infrastructure in this area. If that development happens right, and we have a
master plan the City can point to and, say, here is what we are expecting here, that will help shed
some light on what we want to do. Then we get some increment back in this district and we can
then spend it on things like this. The City wants to beat the developers to the development on
that so we have something planned to say, look, you are not dense enough or we need something
else in here to help complement what they are looking at doing so we get the full use out of that
25 acres. We can make that happen through master planning.
Councilmember Bolkcom stated even though that is the most expensive one on the list. She
understands why they need to have a master plan, but they do also have a TIF district related to
the University area. That has been sitting there for quite a while and the City has a huge
investment in that area. She is trying to understand the priority and the numbers to building that
bridge especially when you have someone who is interested in doing some housing or that type
of thing. Does the City lose out in making that No. 2?
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 14
Mr. Hickok stated whete he thinks they lose out is if they get a development that is 25 actes,
understanding they do not own it. Someone comes in and builds according to the zoning right
now but not accotding to any mastet plan and maybe they build Phase I of theit development and
they take 8 acres and hold onto the rest of the 25 acres. Once they build on 8 acres, they start the
clock ticking in the tax inctement disttict. It is a 25-yeat clock. They would like the thing to be
master planned and developed up front so they get as much benefit out of a 25-year district as
they can, and then tut-n atound and put that inctement back into the infrasttuctute in that disttict.
That is why it really becomes an important priority because quite possibly, within two years you
will be seeing development at I-694 and East Rivet Road. It can eithet happen with or without a
master plan. It can happen just privately, the market comes in and does it, or the Ciry can master
plan it, wot-k with the developet-, and say here is what they want, here is what the plan shows,
and they can get a much more tailored development that hopefully puts more on the site than
they had envisioned to begin with. Honestly, to a developer, mote is bettet. They get bettet
return on their investment. That increment can help them also. That infrastructure improvement
in a TOD disttict can teally help them also.
Mr. Hickok stated the pedestt-ian bt-idge is exciting and is a daily t-emindet- to people passing on
University Avenue that the train station is there. They think they could even have them integrate
tt-ain times into an electronic message centet- on the overpass.
Mr. Aickok stated it is hard to have to say that one is more impot-tant than the other but, t-ight
now with timing, there is not a lot of money. This is money the Metropolitan Council took that
was unspent in theit- livable communities account, and they tut-ned it at-ound fot- TOD projects.
They have kind of broken it into two funding chunks. This is the second of two funding chunks,
and they at-e ttying to decide which of three things are most impot-tant. Tf they get this, honestly,
they have an early sense from them, too, that of the three they like the planning better than the
pedestrian bridge. He believes they like it better because they see it as a planning effort that
might bring ultimately more jobs. What they really want when they award this money is to bring
jobs and affordable housing. You will score a lot better if you have some of that attached. That
is where the master plan probably scores higher.
Councilmember Bolkcom asked if they were to receive any of these, could it be a very small
amount and, if so, where do they go from there?
Mr. Hickok replied, to give them an idea how that money is broken up, here is what they have:
there is a total of $9 million available for this TOD funding round. Of that, $6 million would go
to LCDA type projects; $3 million would go to the TBRA (tax base revitalization) type projects;
$500,000 would be available for pre-development activities (we are asking for $200,000); and
$500,000 would be site investigation for TBRA. We were asking for the money for the bridge in
the development round which comes out of a fairly large chunk, that $6 million. The other two
are each $100,000 projects out of a$500,000 pot. It is quite likely they could come back and
say, we like that master plan, we cannot give you $100,000, but we will give you $75,000. They
would have to decide whether they can make up the difference or whether to reject it.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 15
Councilmember Bolkcom asked once it is awarded, how much time do they have to make it
happen.
Mr. Hickok replied they want the ptoject to be completed within 36 months.
Councilmember Bolkcom asked why the money was sitting thete.
Mr. Hickok teplied because of the economy. Development was not happening, and gtants were
not being requested.
Councilmember Bolkcom asked when the grants would be announced.
Mr. Hickok replied about a month after the deadline.
Councilmember Bolkcom asked if they scored extra points by working with other agencies.
Mr. Hickok replied, absolutely. Although they do not put any of this money towards roadway
improvements pet- se, but when you levet-age funds from anothet- source, that gets you points.
Councilmember Saefke stated he has been asked by a numbet- of constituents what is the status
of Citgo because it is becoming an eyesore?
Mr. Hickok replied Citgo has requested a rezoning to G2 from the current shopping center
zoning. Any intet-ested buyet- is going to want it zoned t-ight to be able to build on it. Othet-wise
their option is to use the existing building as a non-conforming, pre-existing building, and no one
is going to want that little building. Howevet-, anyone who is buying that site is going to want it
cleared and something new on it.
Mr. Hickok stated an offer that has come into the HRA on the former Sinclair site, south of the
intersection. New and exciting things that might happen south of the intersection will prompt
things north of it.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-57. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
16. Resolution Approving "Corridors of Opportunity" Principles.
Scott Hickok, Community Development Director, stated this is related to the TOD grant they
just brought forward to Council. This resolution would need to be passed in order for the City to
keep those funds if awarded. What is says is that Fridley is one of the many communities on the
Northstar line already participating in a HUD-funded corridor of opportunity grant. That money
from HUD was to allow the City to do a market study about the types of development that can
happen along the Northstar rail.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 16
Mr. Hickok stated the focus of this program is to connect disadvantaged tesidents to ttansit.
One of the requirements of the LCDA TOD grant applications is that cities adopt vision goals
and principles promoted in the Con-idors of Opportunity Initiative. While the City is
participating in the Corridors of Opportunity Initiative, staff has not had the City Council
approve the progtam ptinciples. Staff recommends Council's approval of the resolution
Councilmember Bolkcom stated does this mean we suddenly ate going to do all affotdable low-
income housing? This is only a piece of pie related to transit and job opportunities.
Mr. Hickok replied what it is saying is that the City will consider it. It is doing what the City
does alt-eady, tht-ough its development, ttying to make access to tt-ansit easiet- fot- people.
Through the design of the TOD, for example, the City would be moving buildings forward,
integtating sidewalks, deemphasizing the car and emphasizing pedesttian and walkway.
Mr. Hickok stated, also, after the Rottlund Development at Mississippi and Univetsity, the City
adopted the federal Fair Housing Act as an ordinance. Much of the principles overlay one
another. The City will considet- a development when it comes fot-wat-d and if it makes sense.
MOTION by Councilmembet- Bolkcom to adopt Resolution No. 2012-58. Seconded by
Councilmember Varichak.
UPON A VOiCE VOTE, ALL VOTiNG AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17. Approve Clean Water Grant Fund Work Order Between the City of Fridley and
Conservation Corps (Project No. 11524; Oak Glen Creek Corridor and Stonybrook
Corridor).
James Kosluchar, Public Works Director, stated the Conservation Corps provides meaningful
work for young people basically in energy conservation and natural resource management, etc.
It is also a method to provide job readiness and safety and technical skill training to youth.
Mr. Kosluchar stated in November 201 l, the City made an application to the Clean Water Fund
for crew time with the Conservation Corps. It was for erosion mitigation work and it was for
both Oak Glen Creek and Stonybrook Creek.
Mr. Kosluchar said they were not awarded the full request. Oak Glen Creek was funded for 32
crew days and 300 hours, and Stonybrook was funded for 9 crew days and 90 hours. The
proposed work along the Oak Glen Creek corridor includes tree thinning, building and installing
brush bundles for slope protection, staking and installation, and slope seeding. It will augment
stabilization work under the conceptual Project 380. Council has not ordered that project yet, but
we have been discussing it. Staff actually sent right-of-entry agreements to residents and have
received about half of them back.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 17
Mr. Kosluchar stated as far as Stonybrook Creek, the ctews would be installing live stakes,
basically plantings, through the existing rubber-crumb gabions. Those are the pressed rubber
stabilizing blocks that are set up along the not-th side, pat-ticulatly off the open channel. That will
be the completion of the City's Project 409. They will focus first on the high slope areas because
staff believes that will be most effective whete the sunlight gets to them. Then they will provide
additional stabilization work as time permits. They will work their way down from east to west,
along that conidor.
Mr. Kosluchar stated the idea of the plantings is drill a hole, install plants, get them to gtow,
and they will grow through the block. This helps hold the block in place. Right now the block is
sepat-ating and delaminating.
Mr. Kosluchar stated as to Oak Glen Cteek, they had a meeting with the Consetvation Cotps
staff. They could tentatively start about mid-September. As to Stonybrook Creek they may
bting in anothet crew and kind of work in tandem on the two ptojects, but they wete not sure
exactly when that might start.
Mr. Kosluchar stated the Ciry Attorney reviewed the agreement and provided some revisions
which wet-e incorpot-ated. Staff t-ecommends Council's appt-oval.
Councilmember Bolkcom stated accot-ding to the agt-eement on Page 89, if one of the membet-s
of the Corps injures himself, she understands the Corps will provide the primary insurance. Is
that cot-rect?
Mr. Kosluchar replied that is his undet-standing.
Councilmember Bolkcom stated if they cut down a tree and it falls on someone's house what
will happen.
Mr. Kosluchar replied, they actually have a supplement to this agreement providing the City
with a certificate of liability insurance for the work they are doing; and the City is named as an
additional insured party. It is not a standard contract where they have a contractor and they have
a contractor-owner relationship. In this case they have a donor-project sponsor relationship. It is
a little bit unusual, but he and the City Attorney have worked with the Conservation Corps staff
and feel this agreement, coupled with their insurance, protects the City.
Darcy Erickson, City Attorney, stated they did speak with Brian Miller, through the
Conservation Corps.
Councilmember Bolkcom asked, who is Brian Miller`?
Attorney Erickson replied, he is the Conservation Corps contact project manager. They were
easy to work and amenable to the requests they made to add the City as an insured, make their
insurance primary, and then defend, indemniiy, and hold the City harmless. Those were the key
provisions added.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 18
Councilmember Bolkcom stated they have half the agreements so they can get going in
September. She asked what the City was doing to get the rest of them? Has staff heard from
people? Ate they just not willing to sign them ot ate they confused?
Mr. Kosluchar teplied, he thinks some of it has to do with the next item. He has had probably
five contacts in that realm, and there have been at least two of those he has not received anything
fiom. Some he has not had any communication with yet so they will do a follow up. Especially
after tonight with Council approving this, it gives impetus to the Conservation Corps work.
Councilmember Bolkcom asked, if they do not receive some, then they would not do any work
on those properties?
Mr. Kosluchar replied, in accordance with this agteement and the t-ight-of-entry, they would not
have access to do work on their property.
MOTION by Councilmember Bolkcom to approve the Clean Water Grant Fund Work Order
between the City of Fridley and Conservation Corps (Project No. 11524, Oak Glen Creek
Corridor and Stonybrook Corridor). Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
18. Approve Oak Glen Creek Project Right-of-Way Agreement Addendum.
James Kosluchar, Public Works Dit-ectot-, stated in ot-der to have the Conservation Cotps do
their work in Oak Glen Creek and the corridor, they need a right-of-entry agreement. Staff
mailed those by certified mail to the property owners on July 24. The current agreement has a
requirement that the property owners waive claims for damages occurring on their property in
the course of the tree felling work. They are based on negligence and other theories of recovery.
They have had discussions with several property owners who are concerned in the event of some
type of damage.
Mr. Kosluchar stated City projects typically take on more exposure to claims than what is
included in the agreement, and this arrangement is a unique one.
Mr. Kosluchar stated as the agreements stand, there is the possibility the tree removal would not
be completed in full because of the current concerns by residents.
Mr. Kosluchar stated if they do not get signatures, it would limit the value of the City's grant
award; and it may add some difficulty to the work in the larger mitigation project. They may not
be able to do the mitigation project with the tree removal in areas or may be cost prohibited to do
so.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 19
Mr. Kosluchar stated staff believes it is reasonable to take on a little bit of risk that is customary
with the City's projects. When staff met with the Conservation Corps, they talked about those
specific locations or instances whete it may be a little bit dangerous, and they typically do not
touch things that are going to have a high potential to cause damage. If they were to find a
method they could possibly allow the ptopet-ty owners to have access to the Conset-vation Cotps'
insurance to resolve claims. Not directly, but through the City.
Mr. Kosluchar stated the Ciry Attorney drafted an addendum to fulfill staff's request. It would
be attached to the tight-of-entry agteements. It does not requite the signature of ptopet-ty
owners. It also provides equal protection for those who have already executed the agreement.
Staff t-ecommends Council's appt-oval.
Councilmember Barnette refened to the page 92 of the agenda book, the thitd patagtaph,
where it states, "If we do not obtain approval from property owners, the tree removal portion of
the ptoject cannot be completed in its entirety." She asked what would happen.
Mr. Kosluchar t-eplied he would suggest the tt-ee t-emoval portion be on an individual basis. He
would say that with each owner, if they do not approve both the right-of-entry agreement and the
permanent easement, they could potentially bypass one pt-opet-ry with the pt-oject. Howevet-, their
shore of Glen Creek is going to be unstabilized, subject to erosion, and it is going to affect their
pt-opet-ty adversely.
Mr. Kosluchar stated he spoke with one property owner today who showed him on a map how
that stream has meandered over the time. It was a survey from the 1950's, and Mr. Kosluchar
was surpt-ised how much that creek has moved towards the person's pt-operty. The pt-operty
owner stated it actually moved away from his property in the 1970's, and then it came back
towards his property.
Councilmember Bolkcom asked where it mentioned in the addendum about people who have
already signed the agreement.
Attorney Erickson stated it does not say that; however, they are going to be providing this to
each owner who has signed it and is holding onto it. The City is essentially taking on the
liability and informing the owner it will do so in the event there is damage.
Councilmember Bolkcom asked when they do any other project, such as a street improvement
project, is the City not liable. Why is this different?
Attorney Erickson replied in this case, they are going onto private property and asking them
permission to go onto their property, where the City has no ownership or easement interest. It is
a very different situation. She thinks that is a key distinction. Also, it is an owner-contractor
relationship. Here there is a third party introduced.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 20
Councilmember Bolkcom stated but they are also signing a permanent easement. Therefore,
why is it not now the City's ptoject?
Attorney Erickson replied, but they do not know if they will. The phasing with this ptoject is
that the City may conceivable be able to do the Conservation Corps tree felling project without
doing the next step. That is also a little bit diffetent.
Councilmember Bolkcom asked this is only an agteement telated to the tight-of-entry. It has
nothing to do with a permanent easement.
Mr. Kosluchar replied that is correct. A permanent easement does not have that similar clause
though because the easement itself grants the t-ight of the City to wot-k on and tt-espass. it
establishes itself.
Councilmember Bolkcom stated this is the first she has seen any of this related to the right-of-
entty.
Mr. Kosluchar replied and that answet-s her question about Stonybt-ook and why this is
different. They are actually doing work ahead of having those permanent easements; whereas
with Stonybrook, they acquit-ed the easements and they did the wot-k.
Councilmember Bolkcom said this is related to the t-ight of entry. It does not mean the City still
does not need the permanent easement which they cannot do the rest of the project without it. If
this wet-e to pass tonight, do they plan to send this to evetyone and say, we need yout- t-ight-of-
entry, we need it soon, because we want to start that part of the project but we also need your
permanent easement in ot-det- to continue the pt-oject. We need it as soon as possible and, if you
have issues, please call us.
Mr. Kosluchar replied, absolutely. Basically that is the message.
MOTION by Councilmember Bolkcom to approve the Oak Glen Creek Project Right-of-Entry
Agreement Addendum. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
19. Receive Plans and Specifications and Call for Bids for the Police Garage Repair
Project No. 414.
James Kosluchar, Public Works Director, stated the roof on the police garage is kind of a
misnomer. It houses more than that. It was installed with the construction of the current
building in the 1980's. It consists mainly of a membrane overlaid by insulation with either
concrete walk and support gravels or planters on top of the system. Staff believes the lining was
compromised during the initial construction or subsequent maintenance because the City has had
minor leakage that has been recurring, particularly in the Police firing range. Also, there was
severe leaking in 2011 in other areas of the building. The building houses Police garages, the
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 21
firing range, Recreation department storage, and Municipal Center equipment storage and
gtounds equipment.
Mr. Kosluchar stated they did have some mold abatement that was required, and they had a
costly cleanup with a lot of staff time involved to relocate what was stored, particularly in the
Recteation stotage area. Also, the tailing on top of the toof atea needs tepait and is a safety
concern.
Mr. Kosluchar stated basically it is a long, skinny building. It is below ground to the north. He
said that they are concet-ned with the conctete btick that is thete. Staff believes there is some
water that is infiltrating through that. In addition, some planters on the north side of the
walkway are suspect.
Mr. Kosluchar stated they reviewed some different methods of repairing what is out thete.
They looked at a reconstruction, meaning they remove everything including the planters and
tesurface with concrete fot the whole width. Move the railing to the south side. A tesurfacing
overlay improvement that would basically put on parking deck resurfacing materials over the top
of the existing walk and then rebuild the liner undet- the planters and t-eroute the drainage. Also,
above grade construction was considered. They determined that was cost prohibitive. The
additional cost was about $100,000 or $150,000. While it would pt-ovide some additional
storage for the City, they did not feel it was worthwhile to pursue that.
Mr. Kosluchar stated they selected Stantec, Inc. to complete the design drawings and contract
documents. The design will include a full t-econstruction and an altet-nate bid to include a
substraight overlay of the existing walk. They want to compare pricing. They have some
estimates, and the overlay seems to be a pretty cost-effective approach. Thet-e at-e plans at the
Engineering office.
Mr. Kosluchar stated the contract documents will call for an extended warranty, and they have a
pre-bid meeting scheduled. Staff recommends Council's approval of this item. If approved there
could be a bid opening on September 7 and a recommendation at the September 10 Council
meeting.
Councilmember Bolkcom said he mentioned the overlay of the existing walk and in his memo
he mentioned that he felt maybe during the initial construction it was compromised. Was that
different than what is there now?
Mr. Kosluchar replied, the liner is basically at the bottom near the roof planking from the
interior of the building, then there is an insulation layer, and then there is a gravel layer that
supports the walk. In the areas of the planters, there is simply that liner layer, insulation, then
soil, and the plantings. If they were to do that surface overlay, they would resurface the walk
portion only, leave it as is, leave the planters where they are, remove the soil, re-line the planters,
reinsulate there, and replace all the plantings basically.
Councilmember Bolkcom asked if they were to re-line them, would the same issue still exist.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 22
Mr. Kosluchar replied, they believe that right now it drains underneath the walk, and that is one
of the ptoblems. They have to teroute the weep holes so the atea undet-neath the walk can dtain.
With the surface prep they may be able to stave off a full reconstruct. The real big item here is
temoving and teplacing the concrete. The liner itself is not that expensive, not is the insulation.
It is the concrete, and it is such a large area. They would like to do what they can. They feel the
concrete is fairly tight. What they would do is temove the decorative block ateas and pout those
in solid concrete and then seal open the top of that.
Councilmember Bolkcom asked, is it the same firm who helped them on the roof that is helping
them here? The City will be vety clear with them about what the project entails.
Mayor Lund stated staff has considet-ed other altet-nate methods. He is not a big fan of concrete.
Do they need to put a concrete sidewalk back on there? With our northern climate it just breaks
and cracks. It is going to crack whethet you ovetlay it, tip it all out and put a new one in thete,
even if you put the pavers in there. If there is a joint, it is going to crack and weep.
Mr. Kosluchar stated with the reconstruct, they actually pull the liner out and replace it. The
linet- is the impetvious piece.
Mayor Lund stated he just hopes they have a bettet- product as an end t-esult because it has been
problematic the way it has been in the past. He said he was a little apprehensive about putting a
new one on thet-e.
MOTION by Councilmembet- Saefke to t-eceive the plans and specifications and call fot- bids for
the Police Garage Repair Project No. 414. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
20. Approve Sanitary Sewer Smoke Testing Program.
Jim Kosluchar, Public Works Director, stated the Sewer Division is continuously making
efforts to minimize clear water flows from inflow and infiltration (I/I) in our collections system.
They do that to avoid sanitary sewer backups that tax the capacity of the system. They also
reduce treatment costs which the ratepayers bear.
Mr. Kosluchar said past ongoing efforts include a sump pump disconnection program the City
initiated in the early 1990s. There has been manhole retrofit work including lining and
reconstruction of manholes, the annual sanitary sewer mainlining program, the reconstruction
program, and the sewer televising cleaning program. While these have been successful, it is in
the best interests of all ratepayers for the City to maintain an aggressive approach to I/I because
the City's sanitary sewer utility will pay upwards of $3.3 million in wastewater charges to Met
Council Environmental Services for wastewater treatment in 2012. That is about 84 percent of
the City's 2012 sewer budget.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 23
Mr. Kosluchar stated in July 2011 the City had 31 backups in homes because of a stot-m.
Subsequently, staff did some analysis because they were concerned about the capacity of the
system downstream. Foth Infiastructute and Environment assisted them with that analysis and
provided a report. Their findings included the fact that the sewer flows in a 33-inch interceptor,
collecting flows fiom Fridley and Columbia Heights, and it exceeded the design capacity of the
pipe. This is a Met Council interceptor.
Mr. Kosluchar said under the updated MCES surcharge program that became effective this
year, the City would have been chatged actually a sutchatge fee of $400,000 the MCES. This
charge is flow-based for a one-time event.
Mr. Kosluchar stated the report recommended the City pursue additional analysis to identify
sources of I/I by flow monitoring and by smoke testing. Home monitoring ptovides infot-mation
on a segment-by-segment basis to determine where sewer mains are contributing infiltration and
setvices. Basically you set up multiple pot-table flow metets in diffetent locations. One is
related to another. You look at rainfall events and see how much bounce there is in the metered
flows. And you move them pt-ogt-essively upstt-eam in the system, ot- you can move them
downstream as well.
Mr. Kosluchar stated what you want to do is identify segments for follow-up investigation.
Dut-ing smoke testing a non-toxic smoke is blown into a speci�c segment into the collection
system. Usually manhole to manhole. Between the manholes, if the system is plugged, the
smoke is blown in, and smoke appears t-eally quickly within minutes at areas where rainfall and
clear water flows can enter the sewer system. It can identify drain tiles, some rain leaders that
are connected, stot-m sewet- dit-ect connections, or sepat-ated pipe joints and setvices ot- mains.
Mr. Kosluchar stated prior to smoke testing, there is an extensive notification effort. The non-
toxic smoke can enter homes if there are plumbing issues such as dry traps or illicit connections
to clear water sumps. The City has to let people know the smoke is non-toxic and how to clear it
from their house--basically opening a window and using a fan. It can find locations within
buildings where there are harmful sewer gases in these instances, however.
Mr. Kosluchar stated locations identified by smoke testing are then reviewed for repair or
correction. City repairs will be placed under repair via maintenance including the City's future
CIP. For private repairs, staff will provide notice to the property owners and provide them with
a reasonable timeframe for repair. They are considering six months for extensive repairs.
Mr. Kosluchar stated the capital outlay for costs for the smoke testing as presented will not
exceed $4,000 initially. They will have some supplies in subsequent years. There is a large
investment of staff time, however, because it does take time to set up, especially setting up both
the flow monitoring and the smoke testing. They need to set the segments up. With a small
crew they might be able to do two or three segments a day. They really want to pinpoint and not
smoke testing the whole system.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 24
Mr. Kosluchar stated staff recommends this be an ongoing part of the City's I/I reduction
effot-ts if established. Thete is funding in the dtaft 2013 sewet opetation budget for initiating the
work. If flows can be reduced by just 1 percent through flow metering and smoke testing, the
efforts will be paid back in less than a year. Staff tecommends moving ahead eatly to capture
savings. It will also provide information needed for other projects. There are three areas in the
not-th and one area to the southwest of Moore Lake that would be targeted for flow monitoting
and potentially smoke testing, and one of those is our 2013 proposed street project area in the
not-theast area. That is one reason they would like to get aftet that this yeat and advance that
work.
Mr. Kosluchar stated he talked with Dr. Burns who asked him to bring the presentation on
smoke testing and see if Council would move to approve the wot-k t-elating to establishing and
continuing the City's sanitary smoke testing program by the Public Works Department.
William Burns, City Manager, pointed out when Mr. Kosluchar was describing sanitary sewer
backups after July 201 l, he believed there wete 15 backups with $31,000 in costs.
Mr. Kosluchar t-eplied that is cort-ect. That wet-e a lot of backups. They typically experience 1
or 2 a year. And they know that because the City actually has a no harm, no foul, policy when
there is a main that is plugged and it backs up into a home. They will come in and help sanitize.
Dr. Burns stated he did not see anything in thet-e related to helping people out with the cost of
changing their connection.
Mr. Kosluchar stated if Council approves this, staff would initiate its public outreach effort
tht-ough a cable program on public access, along with putting that on the website with stt-eam
video. Staff would also purchase the equipment this fall, along with considering a program to
provide assistance for repairs on private property and provide a recommendation to the City
Council for consideration. One thing to consider would be similar to the City's sanitary sewer
service, a voluntary assessment program. The City also has a low-interest loan program the
HRA administers in Fridley, and those can be applied to utility service repairs.
Dr. Burns stated staff has a couple of different ideas they are talking about, and they will bring
the financing part of it back at a future discussion.
Councilmember Bolkcom asked what rain leader was.
Mr. Kosluchar replied, it is a pipe that comes from your roof and drops down and brings the
water from your roof down to the ground.
Councilmember Bolkcom asked if that was a bad thing.
Mr. Kosluchar replied it is only bad when it is directly connected to the sanitary sewer system.
It is typically more common with commercial properties because they produce a very high
volume, and it cannot be just cast out into their green space which is typically a lot smaller than a
residential property.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 25
Councilmember Bolkcom asked if othet cities are doing this.
Mr. Kosluchar replied he knows of three cities that ate doing it and mote will be star-ting
programs. The three cities are South St. Paul, St. Paul, and Golden Valley, but they are wrestling
with an I/I ptoblem that is beyond where Ftidley's is at. They have a gteatet problem and ate
pretty much forced into doing this at this point. Fridley wants to stay ahead of the curve and do a
ptogtam whete they ate doing a measuted amount of this smoke testing annually rather than
trying to do the entire city at once. The staff can then handle it, get more familiar with the
system, and they ate not putting up a ton of ptessute on residents to do cot-rective wotk.
Councilmember Bolkcom asked if we were.
Mr. Kosluchar replied we would not be. If they wete doing a citywide ptogram, then we would
be putting pressure on a lot of residents. They want to take a measured approach. The Sewer
Division wants to tackle the program. The flow metering really tells staff whete those ateas are
they have to investigate further.
Councilmember Bolkcom stated it makes sense to study this, but she has a real big problem
with how much it would cost a resident. They are going to do this smoke testing and then say,
but we really do not have a policy on how soon they have to get it fixed. Nothing really in place
about what it would cost, and how soon they would have to have it fixed. It is a huge problem
but, on the other hand, the City could be impacting some people significantly. They are talking
about thousands of dollars, some people are going to have to pay, depending on what the issue is.
Dr. Burns stated they could easily have a$10,000 expense involved. They really have not had
enough time to really discuss the policies. He personally would like to see them assessing it over
a ten-year period with some provision for helping lower income people with a portion of the
assessment. He is not sure how they do that yet. That is something they will have to work out.
The other part of this, with the smoke testing is you are absorbing the smoke coming out of the
basement. The City is essentially saying, we are coming into your house whether you want us to
or not, and we are going to investigate what is causing the apparent intrusion into the City's
sanitary sewer system.
Councilmember Saefke stated he believes the City does have some policies in place. One, the
City already knows it is illegal to hook up a sump pump from the inside of your house to the
sanitary sewer.
Councilmember Bolkcom stated, say, she has a break in her sanitary sewer and she has a clue
that is causing this to happen. That is a whole different story than somebody who is illegally
taking water off their property and running it out into the sanitary sewer. It is different than
someone illegally having a sump pump. Those policies are in place.
Councilmember Saefke stated if you do have a break in your sewer line, it is either going to be
collapsed or you are going to have a root intrusion which means you are going to have a sanitary
sewer backup in your house anyway. You will end up having to fix it one way or the other. This
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 26
is just letting a homeownet know in advance of perhaps having to sanitize and redo an entirely
fixed up basement that you have a problem. Mr. Kosluchar has already said there is a policy in
place whete the City will televise the sewet line fot you and actually pinpoint whete this ptoblem
is, not just by smoke. The City can tell them how many feet out it is which minimizes the cost of
tepait instead of blindly going aftet a problem aftet you have sewage floating atound yout
basement which is not caused by the main City sewer line. As far as cost goes, it was pointed
out that had the MCES had theit policy in place, the entite City would have been charged
$400,000 in excess as a penalty for that surcharge on that one day.
Councilmember Bolkcom stated she is not disagreeing with Councilmember Saefke that they
need to do this, but why not have it all in place before they start. Have a policy as to when they
have to have it fixed and how the City is going to help them fix it versus just going out and
stat-ting the smoke test because it is only a$4,000 investment.
Dr. Burns stated it is not just a mattet of stat-ting the smoke testing, they have to stat-t doing the
flow metering first. There is some lead time on that. They will not start the smoke testing until
about the middle of Octobet-.
Councilmember Bolkcom asked if he thought between now and then Council would have some
kind of workshop and actually discuss this.
Dr. Burns replied he will have it all spelled out.
Councilmember Saefke stated the other thing is if you have smoke coming into your house, it
may not be in the floot- pipe of your sanitaty sewet-, but you may have actual sewet- gas coming
into your home that you are not aware. Would you not like to know that you have that problem?
Councilmember Bolkcom replied, in no way is she saying she would not want to know. She is
just saying they should have some kind of policy in place and some revenue streams for people
and that type of thing before they start the project.
Councilmember Saefke stated he thinks there have been suggestions already made there.
Councilmember Bolkcom said why not have it all in place. They waited this long, what is
another month or so? She thought she read they wanted to start the smoke testing right away.
Dr. Eurns stated they would not start it right away. They would start approximately October 15.
Mr. Kosluchar stated the start is really ordering the equipment, getting it on-line, and that kind
of thing. They would not actually be out in the field as smoke testing until mid-October for a
schedule. Maybe a little bit earlier than that. The other thing to kind of recognize is they do
offer that televising service for free. He cannot say they have had a lot of resistance from folks
who know they need to repair their line.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 27
Councilmember Bolkcom stated she remembeted getting a call fiom a woman who received an
estimate for $25,000. Maybe we should look at other cities and see what they are doing.
Dr. Burns replied, he thinks they can spell it out by their next Council meeting.
Mayor Lund stated to him it seems like a no brainer. It does not cost the City very much to
implement. Sutptises ate going to come and they ate never going to be wanted. Having a policy
in place is certainly a smart way to go to help people, but they have to find the I/I problem and
have to take care of it.
Councilmember Bolkcom stated she is not disputing they need to �nd the pt-oblem but what is
another month to wait.
Councilmember Saefke asked Mr. Kosluchar even though a break is found in a person's sewer,
as long as thete is no inflow or infiltration which the City's sewer depat-tment can detect by
televising the line, there is no immediate need for that repair. Wouldn't the Ciry be concerned
about the excess watet- in the sanitary sewer more than any other pt-oblem?
Mr. Kosluchar replied he is right. He does not think they have gotten into it with a compliance
kind of attitude. They have showed people, typically where you have those larger
inflow/infiltt-ation at-eas you have some good separation in the cracking, it is stt-uctut-ally
compromised at that point and it is just a matter of time. It may last a few years, it may last two
months.
Councilmember Saetke stated if he is not mistaken, too, in the northeast corner, whoever put in
those sanitary sewer pipes, left out the gaskets because of the high water table. Back in those
days that is how they took the groundwater out. They let it flow into the sanitary sewer when
things were much, much more cheaper. It seems to him they have repaired all of those up in that
area because of that, and that is what they are trying to avoid now is that excess stuf£ The
reason why he is kind of excited about this is because he knows at least for the last 15 years or
more they have been trying to tackle this problem by doing sump pump checks. He knows one
of the previous City engineers even got the City a rebate from MCES because he questioned the
accuracy of their meters measuring the City's sewage. He asked how certain are we that the
MCES meters are correct.
Mr. Kosluchar replied they are assured they are calibrated regularly but they are working with
MCES. They know there was a pretty serious storm in July 201 l. He thinks one of the things it
opened up was discussion between the City and MCES about the capacity of that interceptor and
Columbia Heights, also, for that matter because they flow in there as well. They are working
together to see if that needs to be upgraded. MCES has actually done some televising on that
interceptor and are sharing their reports with Fridley.
Councilmember Saefke stated to be clear, MCES owns that interceptor.
Mr. Kosluchar replied that is correct.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 28
Councilmember Bolkcom asked what ate they apptoving tonight.
Dr. Burns replied it would be to approve the ptepatation needed and the putchase of the
equipment that is needed for both the flow monitoring and the smoke testing and proceeding to
get teady to do the smoke testing whete necessaty this fall.
Mayor Lund stated staff will ptesent a policy at the next Council meeting.
Dr. Burns replied, the only two things he is heating ate they need to give people a definite
period to correct any problems they find. They also have several precedences. The City has
begun to allow those to be assessed. They at-e big expensive pt-ojects for some people. Do they
treat these the same way as they do the water services? On the other hand, the last time the Ciry
did the disconnect progtam in 1990-1991, the City did provide some money to people to help
make the corrections.
Councilmember Bolkcom referred to a man who stated he would lose his house if he had to pay
fot- his sanitary sewet-. Was that not on last yeat-'s assessment role?
Mr. Kosluchar replied thet-e were several on the t-oll last year.
Dr. Burns stated they need to talk some mot-e about it. Any time you put an income level into a
program, it creates a lot of additional work for the Finance Department.
Councilmember Bolkcom stated how do you decide what areas you do next after those three
areas at-e done?
Mr. Kosluchar replied, the equipment is going to belong to the City and its staff will be trained
to use it. This will be part of its annual program. The flow metering itself takes time but
basically the meters just have to sit there. Owning those meters is going to be central to kind of
pinpointing where the City has a problem. Not everything is going to be followed up by smoke
testing, sometimes they will televise the City mains or try to do televising of services in a
particular area if smoke testing does not reveal anything or for some reason staff does not want
to set up there. Until staff has an indication of the areas that it is getting I/I from, they cannot
address it. The system is so large. Just kind of stumbling upon them is not going to be effective
in the long run. They can kind of analyze the system and continuously do this and see where the
City is having problems.
Councilmember Bolkcom asked what if someone refuses to let staff go into their home.
Mr. Kosluchar replied if people refuse and if there is a violation of ordinance, they can be cited
if there is clear water entering the sanitary sewer. Sewer services are people's responsibility.
Councilmember Bolkcom asked do they have to come into the house because of it?
Mr. Kosluchar replied not necessarily.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 29
Dr. Burns stated chances are staff will have to go into some homes. He undetstands fiom
talking with Greg Kottsick that one of the most common things is to have an exterior drain tile
system piped right into the house and running into the sanitary sewet. Staff has to come into the
house for that.
Councilmember Bolkcom stated that sounds very expensive.
Dr. Burns replied it cannot run into the sanitary sewer under the City's laws.
Councilmember Bolkcom stated staff will have hours conducive to people's working hours.
Mr. Kosluchar replied they will try. Typically when they are smoke testing, people do not
necessatily have to be home. They will see smoke coming out of the home, see if theit house is
venting properly. They can verify on a block-to-block basis where those problems might be.
They may leave a follow-up hanget letting people know thete may be a ptoblem.
Dr. Burns stated when he did his interview with the MPCA staff and the Depat-tment of Health
staff last week, they pointed out that all that water that is being cleaned up over at FMC and
NTROP is going into the sanitaty sewet-. He asked if they at-e paying the City fot- those chat-ges.
Mr. Kosluchar t-eplied, they actually do not pay sut-charges, but they pay wastewater fees.
Dr. Burns asked if the City is metet-ing that and knows what is being put in thet-e?
Mr. Kosluchar replied he believed it is metered. A portion of it may be estimated based on a set
flow they have. He is not sure what portion of it is metered and what portion is set flow, but he
does know the City charges for it. At one point, staff reviewed these charges and thought it was
sufficient.
MOTION by Councilmember Barnette to approve the Fridley Sanitary Sewer Smoke Testing
Program. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, MAYOR LUND AND COUNCILMEMBERS BARNETTE,
VARICHAK, AND SAEFKE ALL VOTING AYE, AND COUNCILMEMBER
BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY ON A 4-1 VOTE.
21. Informal Status Reports
Councilmember Bolkcom asked Mr. Kosluchar if he had a follow-up on the street lights on
Mississippi where the two orange barrels are located.
Mr. Kosluchar replied, they do have an estimate from Parsons on that and have been kind of
holding that just to make sure they can make their budget this year because those are expensive
poles to order.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 20, 2012 PAGE 30
I� � C111.�►�
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 10:10 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recotding Sectetaty Mayot
PLANNING COMMISSION MEETING
WEDNESDAY, AUGUST 15, 2012
CALL TO ORDER:
ROLL CALL:
MEMSERS PRESENT: David Kondrick, Jack Velin, Brad Sielaff, Leroy Oquist
MEMBERS ABSENT: Tim Solberg, Dean Saba, Brad Dunham
OTHERS: Stacy Stromberg, Planner
Rod Kraus, International Paper, 350 Northco Drive, Fridley
Joe Kellner, Minnesota Commercial Railway
Bill Fogerry
Brian Krystotiak, Carlson MaCain
JoAnn Wright, ACCAP
Jeff Johnson, Johnson Housing Services
APPROVE OF MINUTES: June 20, 2012
MOTION by Cotnmissioner Oquist to approve the minutes as presented. Seconded by Commissioner
Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
1. PUBLIC HEARING
Consideration of a Public Hearing for a rezoning, ZOA #12-01, by MDW Equity LLC, to rezone the
property at 6101 University Avenue (Citgo), f'rom C-3, General Shopping to C-2 General Susiness.
MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY AND THE PUBLiC HEARiNG OPENED AT 5:15 P.M.
Stacy Stromberg, Planner, said that MDW Equity LLC, owner of 6101 University Avenue NE, Fridley,
MN is requesting to rezone their property from C-3, General Shopping to G2, General Business.
Rezoning this property will allow the owner to redevelop the site by constructing a building large enough
to allow for successful economic utilization.
Ms. Stromberg said that the current zoning of C-3, General Shopping imposes several requirements that
make redevelopment of the site difficult. The minimum lot size required for a C-3 district property is
35,000 sq. ft., whereas the minimum lot size required for a C-2 district is 20,000 sq. ft. The property has a
lot size of 24,931 sq. ft., making it more suitable for C-2 zoning than its current non-conforming zoning
of G3. The current building also does not meet C-3 setback regulations; therefore future site users would
be required to either use the existing building in its non-conforming state ar a rezone the property to allow
for any new sttucture.
Planning Cotnmission Meeting of August 15, 2012 Page 2
Ms. Stromberg said that the property at 6101 University Avenue was zoned C-3, General Shopping at
the time of its original development in 1960. The use of the property as a gas station was a permitted use
at the time of development; however current code would require a special use permit for a gas station in a
C-3 zone. Therefore the property is considered legal, non-conforming. The site has consistently been used
as a gas station site since 1960, changing owners several times throughout its history.
Ms. Stromberg noted that in the early 1970's, the owner, Shell Oil, agreed to an easement with the City
of Fridley along with the adjacent property owned by the Church of St. William authorizing the exchange
of property for Trunk Highway #47 East Service Road detachment on the north side of 61'` Avenue. In
1985, the city issued a building permit to Q Petroleum Corporation to construct a 40' x 50' canopy over a
new island layout. in 2000, the Minnesota Pollution Control Agency determined that an investigation
and/or cleanup had adequately addt-essed a petroleum tank release at the site and that the site did not
appear to be a threat to public health or the environment.
Ms. Stromberg said that in 2012, fiu-ther investigation of the site completed by Liesch Associates, Inc.,
and requested by the city as part of research for new TOD development in the area, revealed no evidence
of remaining soil contaminants near the underground storage tanks or former dispensers. The project
manager also stated that this site was one of the cleanest gas station sites he had ever investigated.
Ms. Stromberg said that in 2002, the Church of St. William applied for a rezoning of its property at 6120
5�' Street from C-3, General Shopping to R-3, Multi-Family Residential. Those parcels, as well as Moon
Plaza had originally been part of the satne zoning district (C-3) as 6101 University Avenue until they
were separated by the Trunk Highway #47 East Service Road detachment in the 1970's. This action
caused the 6101 University Ave parcel to be isolated from the rest of the zoning district; and therefore
was not included in the rezoning that occut-ted around the property in 2002. The area was further altered
by restrictions placed by MnDOT that limited access to the commercial area which ultimately changed
the potential for future use and development in this quadrant of 61" Avenue and Universiry Avenue.
Ms. Stromberg noted that the petitioner is seeking to rezone their property at 6101 University Avenue
NE from C-3, General Shopping to G2, General Business. Several unsuccessful attempts have been made
by the property owner to lease the property as originally built as a gas station/service station. Due to the
location and size of the site, it is practical to rezone the property for other retail type use that would be
permitted in a C-2 zone. There are several of these tutn-back type parcels within the City, which are those
lots along major corridors; that have roadway all around them. All of these turn-back parcels within the
City are now zoned C-2, General Business. The stnall lot sizes of these parcels tend to fit better with the
C-2 standards because lot size, setbacks and other performance standards are more attainable. Therefare,
a rezoning of this property is consistent with the trends already seen along the major corridors of Hwy 65
and University Avenue within Fridley.
Ms. Stromberg said that the zoning changes of St. William's property that occurred in 20021eft the 6101
University Avenue NE property to remain C-3, General shopping because of its separation by the service
road. The property is the only C-3 site in the vicinity and was left without sufficient land area to support
rypical C-3 development. This site currently lies within the Transit-Oriented Development (TOD) overlay
district; and therefare, any new development will need to go through the TOD master plan process which
requires Planning Commission review and Ciry Council approval.
Planning Cotnmission Meeting of August 15, 2012 Page 3
Ms. Stromberg said that the City's zoning ordinance and official zoning tnap are the mechanisms that
help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority
to "rezone" property from one designated use to another, so long as the zoning is in conformance with the
Comprehensive Plan. The Comprehensive Plan's 2030 future land use map designates this area as
"Redevelopment" within the North Star TOD.
Ms. Stromberg stated that the petitioner has indicated that there a couple of interested developers whom
have shown interest in the site for redevelopment and construction of a new building. These inquiries are
contingent upon a rezoning that would allow these future developments/uses rather than the current
zoning which would allow no changes to the existing site because of its non-confarming status.
Ms. Stromberg said that city staff recommends approval of this rezoning request. The proposed
rezoning will allow the owner to economically utilize the site in a way that better suits its location, size
and shape.
Commissioner Oquist asked if the parcel was rezoned, could a service station be there.
Ms. Stromberg said that a station could still be there. This zoning request would expand the
opportunities of other retail uses on the parcel.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY AND THE PUBLiC HEARiNG CLOSED AT 8:25 P.M.
MOTiON by Commissioner Sielaff to approve the Consideration of a rezoning, ZOA #12-01, by MDW
Equity LLC, to rezone the property at 6101 University Avenue (Citgo), from C-3, General Shopping to C-
2 General Business. 5econded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY
2. PUBLIC HEARING
Consideration of a Resolution for a Transit Oriented Development Master Plan (TOD), TOD #12-01, by
Anoka County Community Action Program Inc. (ACCAP), to allow the construction for a new three story
multi-family building at 6000 and 6008 2"`� Street.
MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, COMMISSIONER KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:04 P.M.
Stacy Stromberg, Planner, said that Jeff Johnson of Johnson Housing Services, LLC, who is representing
the Anoka County Community Action Program (ACCAP) is requesting a Transit Orientated (TOD)
Master Plan Amendment for the properties at 6000 and 6008 2"`� Street to allow for the construction of a
13 unit multi-family housing development.
Planning Cotnmission Meeting of August 15, 2012
Page 4
Ms. Stromberg said that the petitioner is also requesting to have the un-improved and un-used alley in-
between Main Street and 2"`� Street, that is bordered by 60`�' Avenue and 61" Avenue vacated to allow
additional land area for the proposed development.
Ms. Stromberg stated that the subject pt-operty is zoned S-1, Hyde Park Neighborhood and is located on
the corner of 601'' Avenue and 2"`� Street. The lot was platted in 1886 and the existing 4-plex was
constructed in 1961. ACCAP has owned the property since 1994 and the vacant parcel at 6000 2°d Street
is owned by the Housing and Redevelopment Authority (HRA). The parcel at 6000 2"`� Street is not
buildable on its own, but through combination with the ACCAP property, the proposed project could add,
according to the petitioner, approximately $2 Million in new value to the neighborhood. in May of this
year, the HRA was able to review the proposed project and finds that the new multi-fatnily residential
units, promotes the Authority's mission. As a t-esult, they agreed to sell the land to ACCAP through a
resolution. Closing on the property is dependent upon the City's Council approval of the land use actions
discussed in this report.
Ms. Stromberg stated that the petitioner, Jeff Johsnon, on behalf of ACCAP, is proposing to redevelop
the properties at 6000 and 6008 2°d Street to allow the construction of a 3-story, 13 unit multi-family
apartment building. The proposal includes 12 rental units, where the target market will be 100%
affordable with rents at less than 50°/o of the area median income adjusted for family size. According to
the petitioner, it is expected that most of the residents will come from Anoka County, primarily the
Fridley area. The siding on the new building will consist of brick, cement, board siding and cement
stucco board or EFFIS, in a varied horizontal and vertical variation. Landscaping will consist of a series
of rain gardens planted with birch trees and other native Minnesota plants suitable for rain gardens. There
will be other tree and shrub plantings throughout the site. A 5 ft. sidewalk will be installed along both 2nd
Street and 60`�' Avenue, and an approxitnate 1,000 sq. ft. play area will also be constructed for the children
that live within the complex. The building will have an office, inside storage and community room. The
building will also have an elevator and be handicapped assessable with one unit fully adapted. The
building will consist of three 3-bedroom units, six 2-bedroom units, three 1- bedroom units, plus a
resident manager unit. A concrete block trash enclosut-e with a gate will be constt-ucted on southwest side
of the site and a recycling room will exist inside the building. Fourteen parking stalls will be provided,
with ten of the fourteen covered by a concrete and steel parking port. ACCAP uses resident parking
permits to maximize the utilization of the parking spots.
Ms. Stromberg said that the Planning Commission and City Council will recall that in 201 l, the Transit
Oriented Development (TOD) Overlay District was approved. The S-1, Hyde Park Neighborhood, which
is what the property is zoned, is within the TOD Overlay District. See map to the right, for the TOD
district boundaries. The purpose for the adoption of the TOD Overlay is to:
A. Implement code requirements that will encourage dense, mixed use, pedestrian-friendly
development within a one-half mile of the Northstar Commuter Rail Station in Fridley.
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow for
safe access to the station no matter what means of transportation someone uses.
C. Create a neighbarhood identity with the Northstar Station that promotes the use of mass transit,
human interactions, safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the train
station.
E. Provide life cycle housing for people of different income levels and housing space needs within
one half mile of the train station.
Ms. Stromberg stated that the proposed development is the City's first TOD Overlay Master Plan request
that aims to achieve the desires the City set forth when creating this district. As a result, the project needs
Planning Cotnmission Meeting of August 15, 2012 Page 5
to comply with the TOD standards that were designed to enhance the pedestrian scale and safety of any
particular development. The TOD Overlay allows for flexibility when designing a redevelopment project;
that encourages dense, mixed use, pedestrian-friendly developments. It was also created to minimize the
use of the automobile by allowing reduction in parking requirements, if certain conditions can be met and
the construction of sidewalks.
Ms. Stromberg stated that the petitioner is proposing to remove the existing 50 year old 4-plex building
and construct a new 13 unit multi-family apartment building. The TOD Overlay district doesn't have a
specific lot area requirement; however, increasing the amount of units on this parcel will accomplish the
flexibility the City was hoping to achieve with the TOD Overlay regulations. This is also acceptable if all
other code requirements, such as parking, landscaping, sidewalk installation, and storm water treatment
requirements are satisfied. The petitioner is very interested in designing their project to TOD standards as
the criteria will enhance the development, through use of high quality building materials and design, as
well as enhance the site through installation of sidewalks which will provide better access to public
transportation such as the Northstar Commuter Rail and the Metro Transit bus system.
Ms. Stromberg stated that the petitioner has designed a good project that will achieve what the City was
hoping for with a TOD development. It provides a new, modern building, which brings new investment
into the Hyde Park Neighborhood, with sidewalks that gives a more urban feel. Staff is pleased to see an
on-site play area included in the design as this housing will be serving families with children. The design
standards that staff doesn't have answers on yet; will be covered with stipulations placed on the TOD
Master Plan. The petitioner has been made aware of them and intends to comply.
Ms. Stromberg stated that the petitioner is also seeking to vacate the existing un-improved and un-used
alley in-between Main Street and 2°`� Street, which is bordered by 60`l' Avenue and 61'` Avenue. It is a 12
ft. alley that if vacated, 6 ft. will be transferred to each abutting property owner. Though ACCAP could
construct the proposed housing project without the additional 6 ft., it seemed appropriate to consider the
alley vacation at this time, since it will give the project additional land area and no one within the block
uses the alley to gain access to and fi-om their property. It appears that in some cases, people are ak-eady
using the alley for their own purposes with placement of fences and sheds within the alley. City staff
asked the petitioner to contact all of the property owners along the alley to obtain signatures for approval
of the vacation. At this point, they have received signatures from 7 of the 15 property owners. City staff
has spoken with the property owner at 6007 Main Street and they have confirmed that they would
approve of the alley vacation, however, a signature hasn't been received as of yet. To date, there haven't
been any negative responses from any property owners to the vacation request; so as a result, staff felt
comfortable bringing the request forward to the Planning Commission and City Council.
Ms. Stromberg said that it should be noted that there are several un-improved alleys throughout the City
that are not being used for access to a garage. City staff has asked the Commission and Council through
the Council/Commission Survey if there would be interest in staff initiating a city-wide vacation of these
alleys and have received direction that we should handle them on a case by case basis, which is what we
are doing with this request.
Ms. Stromberg said that ACCAP held a neighborhood meeting on April 4, 2012, to present the proposed
project to neighbors. Seven people representing five households plus Mayor Lund attended the meeting.
According to the petitioner:
� One resident said he was not opposed to our proposal.
Planning Cotnmission Meeting of August 15, 2012
Page 6
• Two resident's primary objection was rental housing and any expansion of rental housing or a
rental building and past promises they thought the Ciry made to them. Mayor Lund spent a
good deal of time talking to them.
• The neighbors across 2°d Street, were opposed to the size of the structure plus pretty much
everything else. They along with another couple tnade a few constructive comments. They
would prefer a building that spanned the property north and soufh such that there was no
access onto 2nd Street. The only access would be off 60th Avenue. And they don't want the
trash enclosure across the street fi-om them. They want it in the back of out- properiy or on
60�' Avenue.
• Tn summary, it was a constructive meeting with the neighbors making the suggestion of
reoriented the building, reducing the access road to one entry/exit and moving the trash
enclosure. ACCAP made all these changes on a revised site plan, and we have a better project
as a result.
Ms. Stromberg said that City Staff recommends approval of the TOD Master Plan Amendment, with
stipulations.
• Meets the criteria set forth in the TOD Overlay District.
• Proposed use meets the goals highlighted in the 2030 Cotnprehensive Plan.
• Provides additional affordable housing.
City Staff recommends approval of the Vacation request, with stipulations.
� Un-improved alley that is not used far access is of no benefit to the City and can be
better utilized by the neighboring property owners.
TOD MASTER PLAN, TOD #12-01 STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan by bvt Architect
dated July 31, 2012.
2. The property shall be developed in accordance with the architectutal elevations by bvt Architect,
dated July 27, 2012.
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 meets vision safety regulations and
shall obtain a separate sign permit prior to installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
7. The petitioner shall receive Mississippi Watet-shed Management Organization approvals prior to
issuance of a building permit.
8. City engineering staff to review and approve grading, drainage and utility plans prior to issuance
of building permits.
9. Property owner at time of building permit application, to pay all water and sewer connection fees
prior to issuance of a building permit.
10. The petitioner shall combine the parcels at 6000 2"`� Street and 6008 2"d Street for tax purposes
and to allow the proposed development to occur over both lots.
11. Trrigation shall be installed in all landscaped areas and a plan shall be submitted prior to issuance
of a building permit.
12. All lighting in the development shall be shielded and downcast. Lighting shall be provided either
on the exterior of the building ar through free-standing lighting to adequately illuminate the
sidewalk.
13. Privacy fence proposed along the west and northern property lines shall be reviewed and
approved by City staff prior to issuance of the building permit.
Planning Cotnmission Meeting of August 15, 2012
Page 7
14. Car port elevation and dumpster enclosure elevation shall be reviewed and approved by Ciry staff
prior to issuance of a building pet-mit.
VACATION, SAV #12-01 STiPULATiONS
1. The petitioner shall dedicate the 12 ft. vacated alley for utility purposes through an easement.
Easement document to be filed by the petitioner at Anoka County and the City shall receive a
copy of the fled document prior to issuance of a building permit.
Commissioner Sielaff asked if a separate approval would be needed if the two lots were combined.
Ms. Stromberg answered that a simple form would be filed out with the City Assessor; it would not need
approval by City Council.
Commissioner Sielaff asked why the petitioner needed the Mississippi Watershed approval.
Ms. Stromberg replied that this is required far a multi-family housing project.
Chairperson Kondrick asked if it was a requirement that an easement for the vacation be filed by this
party for the entire alley.
Ms. Stromberg answered yes.
Chairperson Kondrick asked if Mr. Johnson was in agreement with the stipulations.
Jeff Johnson, ACCAP, answered yes; working with the City has been great. He was surprised that the
TOD was passed as it was something they wanted to work with. The neighborhood feedback made the
plans better; it was positive feedback.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:28 P.M.
MOTiON by Commissioner Oquist to approve the commendation to approve the consideration of a
Resolution for a Transit Oriented Development Master Plan (TOD), TOD #12-01, by Anoka County
Community Action Program Inc. (ACCAP), to allow the construction for a new three story multi-family
building at 6000 and 6008 2°d Street. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
3. PUBLIC HEARING
Consideration of a Resolution for a Vacation, SAV #12-01, by Anoka County Community Action
Program Inc. (ACCAP), to vacate the un-improved and un-used alley in-between Main Street and 2"`�
Street and bordered by 60`�' Avenue and 61 y` Avenue.
MOTION by Cotnmissioner Oquist to open the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUSLIC HEARING OPENED AT 7:06 P.M.
Planning Cotnmission Meeting of August 15, 2012
This item was presented in combination with Public Hearing 2.
Page 8
MOTION by Cotnmissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:29 P.M.
MOTION by Commissioner Oquist to approve fhe consideration of a Resolution for a Vacation, SAV
#12-01, by Anoka County Community Action Program Tnc. (ACCAP), to vacate the un-improved and un-
used alley in-between Main Street and 2"`� Street and bordered by 60`l' Avenue and 61" Avenue. Seconded
by Commissionet- Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
4. PUBLIC HEARING
Consideration of a Resolution for a Special Use Permit, SP #12-04, by Brian Ktystofiak, of Carlson
McCain, who is representing William Fogerty, the owner of Columbia Arena, to convert the existing
building into an independent senior living facility, generally located at 7011 University Avenue.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:31 P.M.
Stacy Stromberg, Planner, said that Brian Krystofiak, of Carlson McCain, who is representing William
Fogerty, the owner of the Columbia Arena property at 7011 University Avenue, is requesting a special
use permit to convert the existing building into an independent living senior living facility with ala carte
services. The petitioner is also seeking a plat to subdivide the existing large lot into three separate lots to
allow for potential additional development opportunities on this site.
Ms. Stromberg stated that the subject property is located on the east side of the University Avenue
Service Drive, south of 73r`� Avenue. Columbia Arena was originally constructed in 1968. In 1974, a
variance was gt-anted to t-educe the rear yard setback from 25 ft. to 13 ft. to allow the construction of an
addition to the building that would allow for an additional sheet of ice. As a result of the variance
approval, the addition was constructed in 1975. Several interior modifications have been made to the
building ovet- the years.
Ms. Stromberg stated that before the arena was constructed in 1968, the subject property was zoned M-2,
Heavy Industrial. When Anoka County purchased the property and constructed the ice arena in 1968, the
property converted to a P, Public Facilities zoning. In 2005, Anoka County sold the property to the
Minnesota Youth Sports Association (MYSA). In 2007, MYSA made a development deal with Kraus
Anderson on the Columbia Arena property. Krause Anderson in turn sold the arena to a private investor
named William Fogerty. Prior to the sale, the MYSA representative asked the City what they saw as
future development potential for the site. Staff explained that the site is zoned P, Public Facilities and that
zoning will remain as long as the land is publicly owned. Once sold to a private entity, the zoning would
Planning Cotnmission Meeting of August 15, 2012 Page 9
revert back to its pre-public status. When the property was sold to a private entity, the properry reverted to
its M-2, Heavy Industrial zoning.
Ms. Stromberg said that in 2009, the subject property was granted a rezoning from M-2, Heavy
Industrial to R-3, Multi-Family. A preliminary plat, a special use permit for a senior living facility and a
special use permit for a medical clinic were also approved at the same time. The development didn't end
up coming to fruition, however, the rezoning to R-3, Multi-Family still stands.
Ms. Stromberg stated that in 2010, Carlson Professional Services (same, as the existing petitioner)
received City Council approval for a special use permit to convert the existing buildings into an 84 unit
senior living project, which included independent, assisted and memory care units. At that same time, a
variance was also granted to recognize the rear yard setback of the existing east building from 15 ft. to 12
ft.
Ms. Stromberg stated that the existing Columbia Arena building is proposed to be converted into 116
unit independent senior living building. Phase I of the project will be the conversion of the front (west)
building and will consist of approximately 60 units. Phase II, which is the back (east) building will
consist of approximately 56 units. Support services, such as medical assistance, transportation,
housekeeping, salon and fitness will be provided to the tenants on an as-need basis. The exterior of the
building will be completely remodeled with the construction of a third-story addition on both buildings
and the installation of several new windows. The back building will be taken down to the existing
foundation to add a third story, which will allow more flexibility for more modern architecture.
Additional elevations of the building are attached in your packet.
Ms. Stromberg said that site improvements will include the removal of the unused existing parking lots
along the north and south sides of the property (which will become Lots 1 and 3). The parking lot and
drive aisles for the new development will be completely redone. A new circular drive with be constructed
to the new main entrance of the building on the southeast. A detached garage will be constructed on the
northeast side of the existing lot that will have 59 parking stalls and then there will be 90 surface parking
stalls. New landscaping will also be installed as well as the installation of several storm water filtration
basins.
Ms. Stromberg noted that City Code allows independent living, assisted living, and nursing homes as a
petmitted special use in an R-3, Multi-Family zoning district, provided that code requirements related to
building, site requirements and parking are met. The petitioner is proposing to convert the existing
Columbia Arena into a 116 unit senior living project. All 116 units are proposed to be independent living
units that will have ala carte services available if the tenants need or want them.
Ms. Stromberg stated that City Code requires ll 6 parking stalls for the proposed project based on
parking ratios used for independent living facilities. It also requires that half of those stalls be covered.
The petitioner is providing 217 total parking stalls, with 59 enclosed garage stalls, 68 enclosed in the first
floor of the back building and 90 surface parking stalls, therefore; exceeding parking code requiretnents.
Ms. Stromberg said that this proposed project will be 3-stories and the R-3, Multi-Family zoning
regulations require 2,500 square feet per unit when the building is 3-stories in height. Therefore, 290,000
feet is the required lot size. The pre-plat lot size is 307,783 sq. ft., therefore, meeting the lot area code
requirement.
Planning Cotnmission Meeting of August 15, 2012 Page 10
Ms. Stromberg noted that currently the existing lot lines for the subject property extend beyond the
University Avenue Service Road and 71�` Avenue. Therefore, those roadways are on the petitioner's
property through road easements. Once the proposed plat is filed, both the University Avenue Service
Drive and 71'` Avenue will be dedicated to the City. As a result of the right-of —way dedication, the
petitioner will lose approximately 132,375 sq. ft. (3 acres) of land area. Staff determined that it is
appropriate to use the pre-plat lot square footage for the development on Lot #2 due to the atnount of land
that will be dedicated for road put-poses; however the future developments on Lots #1 and #3 will need to
meet code requirements based on their new lot sizes.
Ms. Stromberg said that City code requires that buildings within the R-3, Multi-Family zoning district
not exceed 65 ft. in height, when measured from grade to the mid-span of the roof. The height of the
arena is 43 ft. and the height of the back building with the 4-story addition 53 ft. 4 in., therefore
complying with code requirement.
Ms. Stromberg said that the proposed project is in-compliance with all setbacks requirements. The R-3,
Multi-Family zoning regulations require 30°/o lot coverage for main and accessory buildings. Lot
coverage will be met based on the lot size prior to the road dedication.
Ms. Stromberg said that Carlson McCain is also seeking to replat the property located at 7011 University
Avenue to create three separate lots. The proposed replat will consist of three lots; Lot #1, Lot #2, and
Lot #3, Block 1, addition yet to be named. As stated above, as part of the platting process, the petitioner
will be dedicating the existing University Avenue Service Drive and 71s` Avenue to the City for roadway
purposes. Even after the roadway dedication, each parcel will meet the minimum lot size requit-ed for the
R-3, Multi-Family zoning district.
Ms. Stromberg stated that through the platting process, the petitioner is asking to have the existing 30 ft.
ingress/egress easement on the east side of the property to the fire training facility vacated and
rededicated in a different location. The petitioner has met with the fire department and they have agreed
to the proposed new location for the ingress/egress easement, as it will meet the needs for both the fire
training facility and the petitioner's project.
Ms. Stromberg said that lastly, there is an Anoka County trail that runs within the proposed Lot #3. At
which time Lot #3 is developed; the petitioner is proposing to move the trail closer to the southern
properiy line and the existing park. Until then the trail will remain where it is and the petitioner plans to
retain a portion of the existing parking lot to allow parking for park users. Through this platting process a
trail easement will need to be filed at Anoka County as well as a perpetual parking easement for the park.
This is something the petitioner is agreeable to and will be used in lieu of a parking dedication fee.
Ms. Stromberg stated that City Staff recommends approval of the special use permit request and plat
request, with stipulations.
■ independent Living is a permitted special use in the R-3, Multi-Family zoning district.
■ Plat meets minimum standards for the R-3, Multi-Family zoning district.
SPECIAL USE PERMIT, SP #12-04 — STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan A I.1, dated 8- I 5-
12.
2. The building elevations shall be constructed in accardance with the architectural plan A3.1,
Building Elevations, dated 8-15-12.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
Planning Cotnmission Meeting of August 15, 2012
Page 11
5. The petitioner shall obtain a pertnit from the City and/or State for any work done within the right-
of-way.
6. The petitioner shall comply with all sign code requirements for any existing signs that remain and
installation of new signage on the property.
7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
8. Screening through landscaping shall occur along the eastern property line. Proposed screening
shall be shown on landscape plan and be reviewed and approved by City staff prior to issuance of
a building permit.
9. If the proposed development is modified to be used for units other than independent living, a new
special use permit will be required.
10. Per Section 205 of the Fridley Ciry 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.
11. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
12. City engineering staff to review and approve site layout, utility, grading and drainage plan priar
to issuance of building permits.
13. The petitioner shall identify storm water management area on site and shall provide necessary
easements.
14. Storm water management maintenance agreement shall be filed with the County and the City
shall receive a copy of the filed document prior to issuance of building permits.
15. 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.
16. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to final plat approval.
PLAT, PS #12-01— STIPULATIONS
1. Universiry Avenue Service Drive and 71'` Avenue shall be dedicated as public right-of-way on
final plat.
2. A 5 ft. sidewalk shall be installed along the University Avenue Service Drive and 71�` Avenue to
tneet the specifications of the City engineering department at titne of site itnprovetnents for Lot
#2.
3. An easement to provide perpetual access to the fire training facility has been discussed, and
agreed to, but has not been shown on preliminary plat. An easement description and easement
docutnent must be prepared, approved by the City's Fire Chief and made ready for final
signatut-es for filing, pt-ior to approval of the final plat.
4. An easement to provide perpetual shared parking between Lot #3 and Locke Park to the south
shall be prepared, approved by the Ciry Parks and Recreation Director and made ready for
signature and filing, prior to final plat approval.
5. An easement for the Anoka County Trail shall be prepared, approved by the City's Park and
Recreation Director and made ready for signature for filing, prior to approval of final plat.
6. Anoka County Trail shall remain until which time Lot #3 is developed. When Lot #3 is
developed, the Anoka County Trail shall be moved to the southern edge of Lot #3, according to
Anoka County standards at the property owner's expense.
7. The relocation of the Anoka County trail and the filing of trail and parking easements, will
eliminate the developer's need to contribute park dedication for this plat.
Commissioner Oquist noted that this project is called independent living with no memory care or
assisted living.
Planning Cotnmission Meeting of August 15, 2012
Page 12
Ms. Stromberg said that it is for independent living with services. If a resident needed services they
could be made available. It might be beneficial to modify stipulation #9 to add assisted living, so the
petitioner doesn't have to come back to the City for review of the special use permit.
Commissioner Oquist agreed.
MOTiON by Commissioner Sielaff to receive into record a letter from MN Commercial Railway
Company, Mr. Wayne Hall, dated August 14, 2012. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY
William Fogerty, Owner of Columbia Arena, said he understood the stipulations. The legalities and code
should call this independent living and assisted living. If residents needed total services they would be
available. Offering independent living makes this more affordable for those who do not need other
services. The number of rooms could go from ll4 to124 max inside. The entire building in the back will
be taken down to the footings and this was changed for security purposes; also garages would be added.
This has been a huge undertaking and has been in process for three to four years.
Commissioner Sielaff said that he was not clear on the level of service provided for assisted living.
Mr. Fogerty said that they could have all meals included, transportation, and registered nurse on staff.
Assistance would be available to those who may not need it today but in the future.
Commissioner Oquist asked if there would be a cafeteria.
Mr. Fogerty answered yes and every unit will have their own kitchen.
Commissioner Velin asked if there was an age requirement.
Mr. Fogerty answered 55 or older. The volume of space allows opportunities for amenities and
opportunities like a cinema.
Commissioner Sielaff asked at what point would a resident have to leave the facility.
Mr. Fogerty answered when assisted living isn't enough and they would need 24 hour care or memory
care in a confined environment. Someone may come in at 55 or 65 and not need services but eventually
need meals, maintenance, housekeeping and laundty. The pricing is economically set up so it will be cost
effective.
Commissioner Sielaff asked if Mr. Fogerty was aware of the letter received frotn MN Cotnmercial
Railroad.
Mr. Fogerty answered that yes, he is aware of the letter and he would be building within code
requirements and did not think that noise would affect the building that much.
Commissioner Oquist said that he may want to consider this in construction as far as windows etc.
Mr. Fogerty said that they are putting in good windows.
Planning Cotnmission Meeting of August 15, 2012
Page 13
Joe Keller, Director of Marketing MN Railway, said that their business does operate 5-7 days a week and
that they are out at any time of the day or night. They use whistles and bells, use diesel fuel and residents
would hear cars coupling and uncoupling which may wake someone. They do not oppose this
construction but just wanted them to be aware of the noise in that area.
Commissioner Sielaff' asked if anything could be done regarding construction with maybe landscaping
with trees or something to buffer the noise.
Mr. Fogerty said that there is the garage area and also use of building products on the north side will
buffer the noise.
Chairperson Kondrick said that they may want to consider in the plan to have windows that would be
more sound resistant in that part of the building.
Commissioner Sielaff asked if a noise monitor should be done to record the noise levels to see how loud
it is.
Commissioner Oquist said that the city has an ordinance to control that.
Rod Kraus, Plant Manager for international Paper, was also concerned about the noise levels. Three
years ago this area was rezoned as an industrial park; they make noise. He wanted to make sure Mr.
Fogerty was aware of the noise that was generated there. Noise includes truck traffic, machine running,
etc. Noise level surveys were taken by the city and they are within those limits.
MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTiON CARRIED UNANiMOUSLY AND THE PUSLiC HEARiNG CLOSED AT 8:06 P.M.
Commissioner Sielatf' was concerned about noise issue and thought it should be addressed. Maybe
include this as part of the building permit application or something where the noise levels would be
reviewed to ensure the levels are addressed through landscaping or building materials.
Ms. Stromberg asked if they would like to add an additional stipulation.
Chairperson Kondrick stated that City Council would receive the minutes and read the concerns.
Commissioner Oquist didn't think another stipulation was necessary because the city had a noise
ordinance that restricted noise levels.
Mr. Fogerty agreed that the noise ordinance would address the noise levels and they could live within
those limits. He didn't want to add another stipulation requiring mare landscaping or additional building
materials since the City rezoned the property to residential a few years ago. There will be more noise
from Universiry Avenue.
Commissioner Sielaff' noted that a lot of the stipulations duplicate what is in the city ordinance.
Commissioner Oquist didn't see a need for another stipulation because of the city noise ordinance.
Commissioner Sielatf disagreed.
Planning Cotnmission Meeting of August 15, 2012
Page 14
Ms. Stromberg said that Mr. Fogerty would not be the violator of the noise ordinance. The city can ask
the petitioner to comply with landscaping and building code t-equirements but it would be difficult to
write a stipulation far them to comply with noise levels of surrounding businesses.
Chairperson Kondrick didn't think another stipulation was needed; if people break the noise ordinance
the city will deal with the violator. It involves someone else not the petitioner in this matter.
MOTION by Commissioner Oquist to modify stipulation #9 to read Senior Independent and Assisted
Living. There are a total of 16 stipulations. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTiON by Commissioner Oquist to approve the Consideration of a Resolution for a Special Use
Permit, SP #12-04, by Brian Krystofiak, of Carlson McCain, who is representing William Fogerty, the
owner of Columbia Arena, to convert the existing building into an independent senior living facility,
generally located at 7011 University Avenue. Seconded by Commissioner Velin.
UPON VOICE VOTE, COMMISSIONER OQUIST, COMMISSIONER VELIN, CHAIRPERSON
KONDRICK VOTING AYE, COMMISSIONER SIELAFF VOTING NAY, CHAIRPERSON
KONDRiCK DECLARED THE MOTiON CARRIED ON A 3-1 VOTE.
5. PUBLIC HEARING
Consideration of a Public Hearing for a Preliminary Plat, PS #12-01, by Brian Krystofiak, of Carlson
McCain, who is representing William Fogerty, the owner of Columbia Arena, to subdivide the existing
large lot into three separate lots to allow for potential future development opportunities on the site,
generally located at 7011 University Avenue.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:32 P.M.
This item was presented in combination with Public Hearing 4.
MOTiON by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Velin.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:07 P.M.
MOTION by Commissioner Velin to approve the Consideration for a Preliminary Plat, PS #12-01, by
Brian Krystofiak, of Carlson McCain, who is representing William Fogerty, the owner of Columbia
Arena, to subdivide the existing large lot into three separate lots to allow for potential future development
opportunities on the site, generally located at 70ll University Avenue. Seconded by Commissioner
Oquist.
UPON VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
Planning Cotnmission Meeting of August 15, 2012
Page 15
6. RECEiVE THE MiNUTES OF THE JUNE 7, 2012, HOUSiNG AND REDEVELOPMENT
AUTHORITY COMMISSION MEETING
MOTION by Cotnmissioner Velin to receive the minutes of the June 7, 2012 Housing and
Redevelopment Authority Commissionet- Meeting. Seconded by Commissioner Oquist.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
OTHER BUSINESS:
None
ADJOURN
MOTION by Commissioner Oquist to adjourn. Seconded by Commissioner Sielaff.
UPON VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED AND THE MEETING ADJOURNED AT 8:28 P.M.
Respectfully Submitted,
Krista Monsrud
Recording Secretary
�
�
CffY OF
FRIDLEY
DATE:
TO:
I � :Z•7 ►`i A
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
September 4, 2012
William W. Burns, City Manager
Darin Nelson, Finance Director
Paul Bolin, Assistant Director of HRA
SUBJECT: Consider HRA Tax Lew for Taxes Pavable in 2013
Since 1996, the HRA has utilized a tax levy to help support its housing tehabilitation
programs. The levy is equal to .0185% of the taxable market value of all real estate and
personal ptopet-ty in the City. The 2013 tax levy will allow the Author-ity to collect
approximately $392,400, based on a city-wide tax market value of $2,121,058,550. In
terms of the impact on taxpayets, the levy would cost $23.36 per yeat fot a home valued
at $150,000 and $185.00 per year for a commercial property valued at $1,000,000. The
tevenues raised by the levy ate directed towatds ongoing and future tedevelopment
priorities.
As you may recall during the 2011 legislative session the Legislature eliminated the
Matket Value Homestead Ctedit (MVHC) as a measure to help balance the State budget.
In order to still provide property tax relief to residential homestead properties, the
Legislature created the Matket Value Homestead Exclusion (MVHE). This exclusion
exempts 40 percent of a home's first $76,000 in value from being taxed. For homes
valued ovet $76,000, the exemption amount decreases on a graduated scale until the
exemption is eliminated at a home valued at approximately $413,800. Essentially, the
State ct-eated two different market values fot- t-esidential pt-opet-ties; a taxable mat-ket
value and an estimated market value.
Statutory levy limits for the HRA are computed under state law as a defined percentage
of "taxable matket value." Beginning with taxes payable in 2013, the Minnesota
Department of Revenue's (DOR) interpretation of what is "taxable market value" will
teduce values by the amount of the homestead market value exclusion (HMVE). This in
turn reduces the revenue-generating capacity of the HRA.
J:�Planning\Council Items By Meetuig\2012 Council Items\September 10, 2012\2013CC Memo (HRA Tax Levy).doc
The League of Minnesota Cities believes that the Legislature did not intend the new
HMVE to have an impact on levy limits. Legislation inttoduced by the League during
the 2012 session to clarify these statutes was included in the final omnibus tax bill that
was unfot-tunately vetoed by Gov. Dayton.
What eff'ect does the MVHE have on the HRA? The MVHE teduces the tax levy by
approximately $29,000. Overall, this year's levy is $41,600 less than the prior year levy
due to a combination of a continuing decline in ptopet-ty values and the MVHE
restriction.
The Housing and Redevelopment Authoriry approved the levy at their September 6, 2012
meeting. State Statutes also t-equire the consent of the City Council, prior to the tax levy
becoming effective. As a final note, the HRA tax levy must be certified to the County
Auditor by Septembet 17, 2012.
Recommendation
Staff tecommends that the City Council consent to the attached resolution approved by
the Housing and Redevelopment Authority.
Attachment
J:�Planning\Council Items By Meetuig\2012 Council Items\September 10, 2012\2013CC Memo (HRA Tax Levy).doc
RESOLUTION NO. 2012-CC
A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA ADOPTING A
2012 TAX LEVY COLLECTIBLE IN 2013.
BE IT RESOLVED by the City Council (the "Council) of the Ciry of Fridley, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the
"Authority") at its regular meeting on September 6, 2012, adopted the attached HRA
Resolution No. 2012 - XX: A Resolution Adopting A 2012 Tax Levy Collectible in 2013.
1.02. The Council must consent to any Authoriry levy prior to its becoming effective as
requited by Minnesota Statutes Section 469.033.
Section 2. Consent.
2.01. The Council hereby consents to the HRA Resolution and to the levy described therein.
PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY,
MINNESOTA THIS lOth DAY OF SEPTEMBER, 2012.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
To: William W. Burns, City Manager
From: Jack Kirk, Director of Parks and Recreation
Date: August 23, 2012
Re: Resolutions Authorizing The Signing Of Agreements With Independent School
District #14 For Use Of The Fridley Community Center and The Hayes
Elementary School Gymnasium
In 1996, the City of Fridley entered into two 30-year agreements with Independent School
District #14 for building projects to improve community facilities. The first one was for the
Fridley Community Center, where the City added a new addition and helped remodel other
portions of an older school building formerly used as an elementary school (Parkview
Elementary). The second agreement was for the Hayes gymnasium, where the City dollars
allowed the elementary school size gym to be expanded to a full size gym with a competition
wood playing floor.
Both projects have been wonderful assets for our community and have seen considerable
use for school, city and other community activities. In my opinion, the cooperative
agreements have worked out very well for both the City and the School District. The first half
of these 30 year agreements has gone by very quickly and with such a good working
relationship with the School District staff, it seems like an appropriate time to look at
extending the cooperative agreements on these two facilities. An extension of the
cooperative agreements would go a long way toward providing community access to meeting
and recreation facilities for years to come.
The Fridley Community Center agreement gives the City of Fridley priority use of the new
addition community rooms, four remodeled rooms, and lower level ZONE facility. The
District and the City have shared priority use of the gymnasium, kitchen and activity room on
the gym level. The District has priority use of the remaining rooms in the Community Center.
We operate our Senior Program, the ZONE teen center, instructional activities, fitness
classes, special events and numerous other activities throughout the year in the Community
Center facility. Other City Departments also use community center meeting rooms for
meetings and other functions. As per the agreement, the City pays the School District a
monthly amount to help with facility operating costs. In 2012, this monthly cost has been
$7,241.35, or expected to be just under $87,000 for the entire year.
The Hayes Gymnasium agreement gives the City of Fridley use of the school gymnasium
during after school and evening hours, as well as on weekends. We use the facility
extensively for our elementary after school program and the adult basketball and volleyball
leagues. The Fridley Youth Sports Association teams also make a lot of use of the Hayes
Gym. There is also an extra room that was built onto the gym that the City has used in past
years as a warming house for the skating program. We use it in the summer as
headquarters for the Hayes playground program. As per this agreement, we pay an annual
amount to help with the utilities for operating the gym. We have budgeted $700 in 2012 to
cover this utility payment. We also share the cost of refinishing the wood gym floor every so
many years when needed.
On August 13, 2012 the Fridley City Council met with the School Board of Independent
School District #14 to discuss the extension of these cooperative agreements. The result of
the meeting was strong support by both bodies to continue these agreements for a new 30
year time frame. The School Board officially declared their support for these agreements at
the Fridley School Board meeting on August 21, 2012. With the approval of these
agreements by the City Council, you and Mayor Lund would be authorized to sign the
agreements which will take effect October 1, 2012 and continue for the next thirty years.
Attached please find copies of two resolutions (one for the FCC and one for Hayes) and the
proposed agreements for the cooperative use of the Fridley Community Center and the
Hayes Gymnasium. I recommend that the Fridley City Council pass both resolutions
authorizing you and Mayor Lund to sign these cooperative agreements with Independent
School District #14. Please let me know if you have any questions or need any additional
information.
RESOLUTION NO. 2012 -
A RESOLUTION AUTHORiZiNG THE MAYOR AND CiTY MANAGER TO ENTER
THE CITY OF FRIDLEY INTO A 30 YEAR AGREEMENT WITH INDEPENDENT
SCHOOL DISTRiCT #14 FOR COOPERATiVE USE OF THE FRiDLEY COMMUNITY
CENTER
WHEREAS, the City of Fridley and Independent School District #14 originally entered into a
cooperative use agreement for the Fridley Community Center in 1996, and
WHEREAS, this cooperative arrangement has been a great benefit to the citizens of the community
providing community center facilities for organized programs, meetings, social functions and
special events, and
WHEREAS, this new cooperative agreement will ensure continued use of the Fridley Community
Center facilities by the City programs and community groups for the next 30 years, and
WHEREAS, the agreement is in keeping with the goal of maximizing use of City and School
facilities to benefit the Fridley community,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Mayor and City Manager are hereby authorized to enter the City of Fridley into a 30-year agreement
with Independent School District #14 for cooperative use of the Fridley Community Center
commencing October l, 2012.
PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2012.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
AMENDED AND RESTATED FRIDLEY COMMUNITY CENTER COOPERATIVE AGREEMENT
THIS "AMENDED AND RESTATED FRIDLEY COMMUNITY CENTER COOPERATIVE AGREEMENT" (the "FCC
Agreement" and as used herein, the "Agreement") by and between Independent School District No. 14,
Fridley, (hereinafter District") and the City of Fridley (hereinafter "City") amends that certain "FRIDLEY
COMMUNITY CENTER COOPERATIVE AGREEMENT" dated as of September 17, 1996. This renewed
Agreement supersedes and replaces the Fridley Community Center Cooperative Agreement and is
effective as of October 1, 2012.
RECITALS
A. The District and the City have enjoyed successful collaboration and co-sponsorship of several
activities offered to Fridley citizens for many years. The District has made school facilities available to
house City programs, with minimal cost to the City. The City has sponsored excellent programs that
benefit Fridley youth and adults.
B. Past agreements have been implemented with good faith and reasonable problem solutions.
The goal has been to maximize use of City and school facilities to benefit the Fridley community. The
District and City renew this more formal agreement in that same spirit of good faith and collaboration.
C. In return for a substantial contribution toward remodeling and new construction at the Fridley
Community Center (hereinafter ("FCC"), a District-owned and operated facility, the District and the City
have established the following terms and conditions for the City's use of the facility. The parties intend
that the Agreement will be continuous and may be changed to reflect reasonable accommodations to fit
future needs.
Fridley Communiry Center Cooperative Agreement S/14/2012
AGREEMENT
1. DESCRIPTION, DEMISE AND USE OF PREMISES.
1.01. Grant of License. The District, in consideration of the promises and covenants hereinafter
stated, and subject to the terms, conditions, and limitations set forth below, hereby grants to the City a
license for the rent-free use of the FCC, and all access points and parking necessary and convenient for
the use by the City, its employees, invitees and guests (collectively, the "FCC Facility"), subject only to
costs for construction, maintenance, and miscellaneous fees as set forth herein.
2. TERM OF THE AGREEMENT.
2.01. Term. The term of this Agreement will be for a period of thirty (30) years,
commencing on October 1, 2012, and ending on June 30, 2042 (the "Initial Term", or the "Term"). After
the expiration of the initial term, the Agreement will automatically be renewed on a year-by-year basis
(each an "Option Term"), unless the District or City terminates the Agreement in writing as provided
herein.
2.02 Amendment. The District and City may also, by mutual written agreement provided
by their respective boards, amend the Agreement for any period of time prior to the expiration of the
Initial Term and any Option Term(s). In the event the District decides to convert the use of the school to
house other District activities and to continue to operate the building as a district facility, this
Agreement to share space in the FCC Facility will continue, subject to the terms included in this or any
subsequent revised agreement.
The term of this Agreement will be for a period of thirty (30) years, beginning on October 1, 2012, and
ending on June 30, 2042 (the "Initial Term"). After the expiration of the Initial Term, the Agreement will
2
Fridley CommuniTy Center Cooperative Agreement 8/14/2012
automatically be renewed on an annual basis (each an "Additional Term"), unless the District or City
terminates the Agreement in writing in accordance with Section 10 of this Agreement.
3. CONSTRUCTION:IMPROVEMENTS.
3.01. Alterations, Improvements, Chan�es and Additions.
1) Both the District and the City shall have the right to make improvements to the FCC
facilities. The City shall have the right to make improvements and/or additions in areas
which the City has priority use under the terms of this Agreement. The District shall have
the right to make improvements throughout the remainder of the FCC facility. Both parties
shall consult with the other during the planning of these improvements. Plans and
specifications for improvements will be subject to the approval or denial by the other party
in writing. Approvals, however, shall not be withheld unreasonably.
2) To the extent that these improvements impact the operating costs of the other party, these
new costs will be shared by the parties in proportion to their use.
3.02. Disposition of Improvements. The FCC Facility and all other structures constructed under the
Agreement, and all alterations, improvements, changes or additions made by either party shall be the
property of the District during and after the term of the Agreement, and upon any termination of this
Agreement, subject only to the requirements of Section 10.
4. MAINTENANCE, REPAIRS AND DESTRUCTION OF IMPROVEMENTS:
4.01. Maintenance (see Appendix A). The District will be responsible for routine
maintenance and repair of both the interior and exterior of the FCC. However, any damage which
occurs during or as a result of any City program or event will be the responsibility of the City.
4.02. Non-Routine Maintenance (see Appendix Al. Maintenance that could be characterized
as non-routine (e.g. replacement of carpeting, tile, window treatments and built-in cabinetry) and
3
Fridley CommuniTy Center Cooperative Agreement 8/14/2012
major capital improvements as defined by the District (e.g. replacement of roof, HVAC systems,
security system) will be shared as follows:
3) The City will be responsible for non-routine maintenance of class room numbers 105, 107,
109, 112, 114, 116, and the lower level. This includes non-routine maintenance of the
elevator.
4) The City will be responsible for non-routine maintenance of the east and southeast parking
lots.
5) The City and the District will share the costs of non-routine maintenance for the gymnasium,
kitchen and room 122.
6) The District will be responsible for non-routine maintenance for all other portions of the
building and grounds.
5. OPERATING COSTS.
5.01. Allocation of Costs. The City and District wish to provide for a fair distribution of operating
costs for operating the FCC. In general, both parties agree to pay a portion of total operating costs
roughly equal to the space they occupy. Operating costs for the FCC will be divided as shown in
Appendix A, and as follows:
A. The District will pay for all other interior and exterior costs associated with the operation of the
FCC.
B. This Agreement will follow the District's fiscal year. The City's portion of the operating costs
shall be payable to the District by the 10t" day of each month for costs incurred during the
preceding month.
C. Annual adjustments will be identified in March and shall be effective July 1 of the next fiscal
year. In no event shall the District's annual adjustments to operating costs exceed the rate of
4
Fridley CommuniTy Center Cooperative Agreement 8/14/2012
inflation for the prior year as measured by the Consumer Price Index (Twin Cities). The City
agrees that it will work cooperatively with the District to limit operating costs to these
established in Sections 5.01 (a) and (C) herein.
6. USE OF PREMISES.
6.01. Principal Use. Use of the FCC will be in accordance with the FCC use policy as agreed
upon by the Director of Community Education and the Director of Parks and Recreation and be subject
to the following priorities and conditions in this Section 6.
6.02. Priorities For Use.
1) The City of Fridley shall have first priority on use of room numbers 105, 107, 109, 112, 114,
116, and the lower level, in the FCC; second priority for these rooms would be given to
District programs; and third priority would be other activities including, but not limited to,
community organizations and authorized groups.
2) The District shall have the first priority on use of the remaining classrooms in the existing
FCC; second priority would be given to the City of Fridley Parks and Recreation Department;
and the third priority would be given to other activities including, but not limited to,
community organizations and authorized groups.
3) The use of the gymnasium, kitchen facilities and room 122 shall be shared by the City and
School District on an equal basis and scheduled cooperatively by City and District personnel.
Existing programs using the gymnasium, kitchen facilities and room 122 will be given first
priority for their existing use schedules.
4) Proposed schedules of events and activities to facilitate joint review of the facility use
calendar will be provided by the School District and the City to each other on or before the
following dates each calendar year:
Fridley CommuniTy Center Cooperative Agreement 8/14/2012
� July 1— for scheduling of facilities in September, October and November
• October 1— for scheduling of facilities in December, January and February
• January 1— for scheduling of facilities in March, April and May
� April 1— for scheduling of facilities in June, July and August
In scheduling, the City may be expected to reserve space in the areas where it has first
priority use by community organizations and the general public.
6.03. Failure To Schedule. Failure of the District or City to schedule an event in advance as
required in Section 6.02 above will result in that event losing priority scheduling. Said event or
events will then be scheduled with a lower priority as space is available. In the case of a conflict in
scheduling of events, or if the need to schedule an event arises following the development of the
schedule, representatives of the District and City will meet and confer, and use their best efforts to
resolve the conflict.
6.04. Schedulin� and Chan�es to Schedule.
1) All scheduling of FCC activities shall be handled by District personnel through the use of
facility usage permits.
2) Once these facility usage permits have been issued, any changes that will affect activities
scheduled under the scheduling priority system defined in Section 6.02, must be mutually
agreed upon by the City and the District.
6.05. Buildin� Supervision.
1) The City shall provide a building supervisor as need requires for City sponsored programs.
2) Plans for supervision, including the duties of supervisors shall be jointly agreed to by the City
and the District. Supervisors shall be employees of the hiring party.
3) District personnel shall control keys and other means of access to the FCC Facility.
6
Fridley CommuniTy Center Cooperative Agreement 8/14/2012
4) The District shall provide keys to the City as mutually agreed to for City sponsored events.
5) While the District has overall responsibility for cleaning the FCC Facility, the City through its
supervisor shall insure that all facilities are restored to the same condition as found at the
commencement of their use for a City event.
6) The City shall reimburse the District for any additional cleaning or maintenance costs arising
out of the use of the FCC Facility for City sponsored events.
6.06. Conditions of Use. All uses of the FCC Facility shall be subject to the following
conditions, restrictions and requirements:
1) Use of the premises may begin no earlier than 6:00 a.m. on any day. Events will not be
scheduled to last past 11:00 p.m. (Monday through Friday) and 12:00 midnight
(Saturday/Sunday) unless expressly agreed to in writing by both parties.
2) No smoking or alcoholic beverages will be allowed in the gymnasium or on the premises
at any time or in any circumstance.
3) The District's policies regarding weapons will be in effect throughout the FCC Facility and on
the FCC property.
4) If requested by either party, District and City agree to develop within thirty (30) days of the
request and review from time to time a complete set of rules and regulations for use of the
FCC and surrounding property.
5) The City will be responsible for enforcing all applicable rules and regulations during City-
sponsored events.
7. INSURANCE. Each party shall provide evidence of the following insurance, or a policy of self-
insurance, to the other party.
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
7.01. Comprehensive General Liability Insurance. The District and City shall both maintain in effect
throughout the term of this Agreement, comprehensive general liability insurance, with limits of not less
than the amount required by Minnesota Statute § 466, as it may be amended from time to time. Such
insurance shall specifically insure against liability arising or potentially arising under this Agreement, or
the use of the FCC as well as liability imposed by law, and shall name the non-procuring party as an
additional insured.
8. INDEMNIFICATION.
8.01 District. Subject to and restricted by the municipal tort liability limits in Minnesota
Statutes Chapter 466, as amended, District shall defend, indemnify and hold City or City's elected
officials, officers and representatives harmless from any and all claims, liability, loss or damage
whatsoever on account of any such loss, injury, death or damage arising out of any negligent act,
negligent omission or intentional tort of District or District's elected officials, officers, representatives
agents, employees, and contractors.
8.02. Citv. Subject to and restricted by the municipal tort liability limits in Minnesota Statutes
Chapter 466, as amended, the City shall defend, indemnify and hold District or District's elected officials,
officers and representatives harmless from any and all claims, liability, loss or damage arising out of any
negligent act, negligent omission or intentional tort of City or City's elected officials, officers,
representatives agents, employees, and contractors.
8.03. Sin�le Entitv. To the full extent permitted by law, this Agreement is intended to be and shall
be construed as a"cooperative activity" and it is the intent of the parties that they shall be deemed a
"single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section
471.59, subd. 1a (a), as amended. Nothing herein shall be construed to waive or limit any immunity from
or limitation on liability available to either party, whether set forth in Minnesota Statutes, Chapter 466
8
Fridley CommuniTy Center Cooperative Agreement 8/14/2012
as amended, or otherwise. Under no circumstances shall either party be required to pay on behalf of
itself or the other party, any amounts in excess of the limits of liability established in Minnesota Statutes
Chapter 466, as amended applicable to any third party claim. The statutory limits of liability for the
parties may not be added together or stacked to increase the maximum amount of liability for any third
party claim.
8.04. Cooperation. Each party shall cooperate with the other and its respective insurers to
determine the most effective and efficient handling of liability claims arising out of the use of the FCC
Facility.
9. NOTICES.
9.01. Manner of Notice. All notices, demands, or other writings in the Agreement provided to be
given or made or sent, or which may be given, made or sent by either party to the other, shall be
deemed to have fully given or made or sent when made in writing and deposited in the United States
mail, registered and postage prepared, addressed to the District as follows:
District: Superintendent
Independent School District No. 14, Fridley
6000 West Moore Lake Drive
Fridley, NN 55432-5698
City: City Manager
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432-5698
9.02. Modification. The address to which any notice, demand or other writing may be given or
made or sent to any party as above provided, may be changed by written notice given by such party as
above provided.
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
10. DEFAULT.
10.01. Notice of Default.
Neither party shall be deemed to be in default under this
Agreement unless the other party shall first give written notice of the default, and the default is not
cured within sixty (60) days: or, if the default is of such a nature that it cannot be cured within sixty (60)
days, the party fails to commence to cure the default within the period of sixty (60) days, or fails
thereafter to proceed to the curing of the default with all possible diligence.
10.02. Default; City. In the event of any breach of the Agreement by the City, and after the
notice and time periods set forth in Section 10.01, the District, in addition to other rights or remedies it
may have, shall have the immediate right to terminate this Agreement without penalty, subject to the
requirements of this Section 10 and Section 11, but subject first to the requirements of Section 15.03.
10.03. Default; District. In the event of any breach of the Agreement by the District and
after the notice and time periods set forth in Section 10.01, the City, in addition to other rights or
remedies it may have, shall have the immediate right to terminate this Agreement without penalty,
subject to the requirements of this Section 10 and Section 11, but subject first to the requirements of
Section 15.03.
11. TERMINATION.
11.01. Termination by District.
1) Termination for Cause. The District may terminate this Agreement if it finds the City to be in
default, as defined in the Section 10 of this Agreement, in addition to exercising other rights
and remedies that may be available to it, subject first to the requirements of Section 15.03.
In the event of a Termination for Cause, the City shall not be entitled to reimbursement for
its allocated capital contributions.
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
2) Termination Without Cause. The District may terminate the Agreement without cause,
including but not limited to a determination by the District that the FCC Facility is needed for
District educational purposes, or is surplus or is no longer necessary for the educational
program of the District.
3) Notice of Termination- Termination Without Cause. In the event that the District or City
terminates the Agreement without cause, the terminating party shall provide written notice
to the other party subject to the notice requirements of this Section 11.01 3). Termination
may occur at any time, but must be preceded by delivery of written notice of termination on
or before the first day of April of any year, to be effective on July first of that same year.
Failure to follow the procedures for a notice of termination will invalidate that termination.
11.02. Termination by City
1) Termination for Cause. The City may terminate this Agreement if it finds the District to be in
default, pursuant to Sections 10 and 11 of this Agreement, in addition to exercising other
rights and remedies that might be available to it.
2) Termination without Cause. The City may terminate this Agreement for any reason other
than cause after providing notice of termination pursuant to Section 11.01. 3).
11.03. Allocation of Capital Contributions; Termination Without Cause. The District and the City agree
that as of the date of commencement of the Initial Term, prior capital investments by the City in the FCC
Facility have not been amortized. In the event of a Termination Without Cause, the District will
reimburse the City for a portion of the fair market value of the FCC Facility based on the proportion of
the City's capital contribution(s) to the FCC Facility after September 17, 1996, as compared to the then
fair market value of the FCC Facility at the time of termination. In the event the Agreement is
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
terminated, the parties will mutually select an appraiser to appraise the then fair market value of the
FCC Facility. The District shall be responsible for payment of the appraiser's fees.
11.04. Ri�ht of First Refusal. After notice of termination and before completing the sale of the FCC
Facility to any third party, the District shall give the City an opportunity to purchase the FCC Facility. The
City's purchase price will be the appraised value stated in the third party offer for the FCC Facility at the
time of the termination, minus an amount equal to the City's proportional capital participation in the
FCC Facility, multiplied by the appraised value of the FCC Facility at the time of termination. The City
shall have thirty (30) days after the District provides the third party offer to the City to exercise this right
of first refusal.
12. CHANGES IN USE.
12.01. Current Status. The District declares that it has no present intention to convert any
portion of the FCC to be an elementary or secondary school.
12.02. Chan�e in Use. If unforeseen circumstances require that the District in its sole
determination to require the use of any and all areas of the FCC Facility for elementary or secondary
education, the District may use any and all areas of the FCC Facility, subject to the applicable terms of
this Agreement
12.03. Reimbursement of Citv Costs. To the extent that any currently unanticipated use of the FCC
Facility for elementary or secondary education does occur, the District will reimburse the City for
reasonable additional costs for rental or leasing of real estate incurred by the City as the result of any
displacement, curtailment, or modification of programs, services, or building space, provided by the City
in the FCC Facility at the time of displacement, for the remaining balance of the Initial Term, or of any
Option Term. If the displacement, curtailment, or modification of programs, services, or building space
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
exceeds one (1) year, the City may request that the District terminate the Agreement Without Cause
and the District shall terminate the Agreement Without Cause. In the event the District must terminate
the Agreement Without Cause, City is entitled to reimbursement for its allocated capital contributions
pursuant to Section 11.03.
13. WAIVER.
13.01. The waiver of District or the failure of District to take action with respect to any term, covenant,
or condition contained in the Agreement shall not be deemed to be a waiver of such term, covenant or
condition, or subsequent breach of the same, or any other term, covenant or condition contained in this
Agreement.
14. PARTIES BOUND.
The covenants and conditions contained in this Agreement shall apply to and bind the successors,
executors, and administrators of all the parties to the Agreement.
15. JURISDICTION;CONSTRUCTION OF AGREEMENT: DISPUTE RESOLUTIOIV PROCESS.
15.01. Jurisdiction. It is agreed that this Agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Minnesota.
15.02. Construction of Terms. It is further agreed that both parties have participated
in the drafting of this Agreement, by and through their respective legal counsel, and that the rule of
construction that ambiguities in such agreements will be construed against the drafter will have not
application in any interpretation or construction of this Agreement or the parties' rights and
responsibilities hereunder.
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
15.03 Dispute Resolution Process. In the event of any disagreement or dispute as to the
interpretation of any of the provisions of this agreement or the responsibility of the parties with respect
to any of its provisions, including those governing Default (§ 10) and Termination (§ 11), the parties
agree to make all good faith efforts to resolve those disagreements and disputes amicably. In the event
they are unable to resolve any such disagreement or disputes between themselves without benefit of
outside intervention or assistance, the parties agree to mediate those disagreements and disputes and,
failing resolution by mediation, to submit those disagreements and disputes to binding arbitration. The
parties shall equally share the expense of inediation and binding arbitration.
16. MODIFICATION OF AGREEMENT.
Any modification of this Agreement or additional obligation assumed by either party in connection with
this Agreement shall be binding only if evidence in a writing signed by each party or an authorized
representative of each party.
17. ADDITIONAL DOCUMENTS.
The parties agree to execute whatever papers and documents may be necessary to effectuate the terms
of this Agreement.
18. ENTIRE AGREEMENT.
This Agreement shall constitute the entire agreement between the parties. Any prior understanding or
representation of any kind preceding the date of this Agreement shall not be binding upon either party
except to the extent incorporated in this Agreement.
19. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall constitute one and the same instrument.
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
first above written.
INDEPENDENT SCHOOL
DISTRICT NO. 14
BY: Chris Riddle
Its: Chair
By: Peggy Flathmann, Ed. D.
Its: Superintendent
Fridley CommuniTy Center Cooperative Agreement 8/14/2012
CITY OF FRIDLEY
By: Scott J. Lund
Its: Mayor
By: William W. Burns
Its: City Manager
15
EXHIBIT A
MAINTAINENCE
OPERATING COST CATEGORIES FOR THE FRIDLEY COMMUNITY CENTER
A. The following operating costs will be divided between the Fridley Community Center and the
City of Fridley equal to the space occupied by each organization:
1. Wages and Benefits
Custodian
Custodian Substitutes
Building Monitors
2. Utilities
Water
Electricity
Waste
Natural Gas & Fuel Oil
3. Other Operations
Contracted Service
Telephone
Repair of Equipment
Repair Supplies
General Supplies
Laundry
Fiber Connection to Anoka County
Elevator Phone
Security Alarm
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
The following additional operating costs will be fully paid by the City of Fridley:
1. Additional Telephone/Network
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Fridley CommuniTy Center Cooperative Agreement 8/14/2012
RESOLUTION NO. 2012 -
A RESOLUTION AUTHORiZiNG THE MAYOR AND CiTY MANAGER TO ENTER
THE CITY OF FRIDLEY INTO A 30 YEAR AGREEMENT WITH INDEPENDENT
SCHOOL DISTRiCT #14 FOR COOPERATiVE USE OF THE HAYES ELEMENTARY
SCHOOL GYMNASIUM
WHEREAS, the City of Fridley and Independent School District #14 originally entered into a
cooperative use agreement for the Hayes Elementary School Gymnasium in 1996, and
WHEREAS, this cooperative arrangement has been a great benefit to the citizens of the community
providing gymansium facilities for organized programs, athletic leagues, fitness activities, and
special events, and
WHEREAS, this new cooperative agreement will ensure continued use of the Hayes Elementary
School Gymnasium facilities by the City programs and community groups for the next 30 years,
and
WHEREAS, the agreement is in keeping with the goal of maximizing use of City and School
facilities to benefit the Fridley community,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Mayor and City Manager are hereby authorized to enter the City of Fridley into a 30-year agreement
with Independent School District #14 for cooperative use of the Hayes Elementary School
Gymnasium commencing October 1, 2012.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2012.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
AMENDED AIVD RESTATED HAYES COOPERATIVE AGREEMENT
THIS "AMENDED AND RESTATED HAYES COOPERATIVE AGREEMENT" (the "Hayes Agreement" and as
used herein, the "Agreement") by and between Independent School District No. 14, Fridley, (hereinafter
(District") and the City of Fridley (hereinafter "City") amends that certain "HAYES COOPERATIVE
AGREEMENT" dated as of July 22, 1996. This renewed Agreement supersedes and replaces the Hayes
Cooperative Agreement and is effective as of October 1, 2012.
RECITALS
A. The District and the City have enjoyed successful collaboration and co-sponsorship of several
activities offered to Fridley citizens for many years. The District has made school facilities available to
house City programs, with minimal cost to the City. The City has sponsored excellent programs that
benefit Fridley youth and adults.
B. Past agreements have been implemented with good faith and reasonable problem solutions.
The goal has been to maximize use of City and school facilities to benefit the Fridley community. The
District and City renew this agreement in that same spirit of good faith and collaboration.
C It is intended that this Agreement will be continuous and may be changed to reflect reasonable
accommodations to fit future needs. Should any unforeseen circumstances substantially change the
current situation and programs sponsored by the District, it is anticipated that changes in the
Agreement will be negotiated in good faith between the District and the City.
Hayes Cooperative Agreement S/14/2012
AGREEMENT
1. DESCRIPTION, DEMISE AND USE OF PREMISES.
1.01. Grant of License. The District, in consideration of the promises and covenants hereinafter
stated, and subject to the terms, conditions, and limitations set forth below, hereby grants to the City a
license for the rent-free use of the Gym Facility located in the Hayes Elementary School, and all access
points and parking necessary and convenient for the use by the City, its employees, invitees and guests
(collectively, the Gym Facility") , subject only to costs for construction, maintenance, and miscellaneous
fees as set forth herein.
2. TERM OF THE AGREEMENT.
2.01. Term. The term of this Agreement will be for a period of thirty (30) years,
commencing on October 1, 2012, and ending on June 30, 2042 (the "Initial Term", or the "Term"). After
the expiration of the initial term, the Agreement will automatically be renewed on a year-by-year basis
(each an "Option Term"), unless the District or City terminates the Agreement in writing as provided
herein.
2.02 Amendment. The District and City may also, by mutual written agreement provided
by their respective boards, amend the agreement for any period of time prior to the expiration of the
Initial Term and any Option Term(s). In the event the District decides to convert the use of the school to
house other District activities and to continue to operate the building as a district facility, this
Agreement to share space in the Gym Facility will continue, subject to the terms included in this or any
subsequent revised agreement.
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Hayes Cooperative Agreement S/14/2012
3. CONSTRUCTION:IMPROVEMENTS.
3.01. Alterations, Improvements and Chan�es Permitted. District shall have the right to make
such alterations, improvements and changes to the Gym Facility as the District deems necessary or to
replace the Gym Facility in its sole discretion. Prior to proceeding with any alterations, improvements,
changes or replacements, District shall provide the City the ability to review and comment on the
proposed plans and specifications therefore. The District shall make all reasonable efforts to
accommodate the City's comments and objections, but the District shall have final approval.
Notwithstanding the foregoing, if the City is making a capital contribution for the improvements, the
City shall be allowed to approve such plans and specifications, which approval the City shall not
unreasonably withhold.
3.02. Disposition of Improvements. The Gym Facility and all other structures constructed under the
Agreement, and all alterations, improvements, changes or additions made by any party shall be the
property of the District during and after the term of the Agreement, and upon any termination of this
Agreement.
3. MAINTENANCE. REPAIRS AND DESTRUCTION OF IMPROVEMENTS.
4.01. Maintenance. The District will be responsible for routine maintenance and repair of
the Gym Facility and surrounding areas. However, any damage beyond normal wear and tear which
occurs during or as a result of any City program or event will be the responsibility of the City.
4.02. Snow Removal. The City will be responsible for snow removal on the parking lots and
sidewalks on Saturdays and Sundays during City usage. The District will be responsible for weekday
snow removal.
4.03. Non-Routine Maintenance. Maintenance that could be characterized as non-routine
(e.g. annual flooring surface removal and replacement, and other matters that could be considered
3
Hayes Cooperative Agreement S/14/2012
long-term maintenance or emergency or unexpected maintenance) shall be the equal responsibility
of the District and the City. The parties will split the cost of such items equally.
4.04. Custodial Maintenance. The District will be responsible for custodial maintenance
during weekdays and at other times when it is using the Gym Facility. The Building Supervisor for
City activities will be responsible for general cleaning of the Gym Facility and returning the Gym
Facility to the same condition as found at the commencement of use.
4.05. Dama�e to Gvm Facilitv. In case of damage to the Gym Facility or other improvements
constructed hereunder which support the public use of the Gym Facility, in which the damage is
determined to not be the responsibility of the City based on an agreement of the parties or final
determination by an arbitrator or court, the District shall, at its own expense, promptly repair and
restore it to a condition as good or better than that which existed prior to the damage or
destruction, in the opinion of the District. In the event that the repair or restoration costs exceed
the insurance proceeds, the cost attributed to the repair or restoration of the Gym Facility in excess
of insurance proceeds will be shared as follows: the City will be responsible for a percentage of the
cost based on the proportion of the City's capital contributions to the Gym Facility at the time of
construction in 1996. The District shall be responsible for the balance of the repair cost. Such
respective contributions shall be considered to be a capital expense by that party.
4. USE OF PREMISES.
5.01. Principal Use. Pursuant to Minn. Stat. §471.19, use of the Gym Facility shall be principally for
regular school curriculum and related activities. The use of the Gym Facility for other purposes shall be
secondary and subject to the following priorities and conditions in this Section 5.
5.02. Priorities for Use. The priorities of use shall be as follows:
1) All Hayes Elementary School regular curriculum and related activities.
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Hayes Cooperative Agreement S/14/2012
2) Prior to the beginning of each school year, and each quarter thereafter, the District may
designate ten (10) dates annually for special events that occur during the evening and/or
weekend. A schedule of these events will be submitted to the City on or before the
following dates each calendar year:
• July 1— for scheduling of facilities in September, October and November
� October 1— for scheduling of facilities in December, January and February
� January 1— for scheduling of facilities in March, April and May
� April 1— for scheduling of facilities in June, July and August
3) All national, state, city and school district elections as necessary.
4) City of Fridley (i.e. Parks and Recreation Department) and other directly sponsored and City
funded programs. To facilitate joint review of the calendar, schedules of such events will be
provided by the City on or before the following dates each calendar year::
• July 1— for scheduling of facilities in September, October and November
• October 1— for scheduling of facilities in December, January and February
� January 1— for scheduling of facilities in March, April and May
• April 1— for scheduling of facilities in June, July and August
5) Other District activities, including but not limited to community education activities,
community organizations, and municipal governmental functions.
6) Activities of all other authorized groups as approved by the District.
5.03. Failure to Schedule. Failure of the District or the City to schedule an event in
advance as required in Section 5.02 above, will result in that event losing its priority scheduling.
Said event or events will then be scheduled under Section 5.02. 5) above as applicable, unless
otherwise agreed between the parties. In the case of a conflict in the scheduling of events or if the
need to schedule an event arises following the development of the schedules, the Director of
5
Hayes Cooperative Agreement S/14/2012
Community Education and the City's Director of Parks and Recreation will meet and confer and
use their best efforts to resolve the conflict. If the conflict remains unresolved, the priority for use
as written in Section 5.02 above will be in effect.
5.04. Schedulin� and Chan�es to Schedule.
1) All scheduling of activities shall be handled by District personnel through the use of facility
usage permits.
2) Once these facility usage permits have been issued, any changes that will affect activities
scheduled under the scheduling priority system defined in Section 5.02 must be agreed
upon by the City and the District.
5.05. Buildin� Supervision.
1) The City shall provide a building supervisor as need requires for City sponsored programs.
2) Plans for supervision, including the duties of supervisors shall be jointly agreed to by the City
and the District. Supervisors shall be employees of the hiring party.
3) District personnel shall control keys and other means of access to the Gym Facility.
4) The District shall provide keys to the City as mutually agreed to for City sponsored events.
5) While the District has overall responsibility for cleaning the Gym Facility, the City through its
supervisor shall insure that all facilities are restored to the same condition as found at the
commencement of their use for a City event.
6) The City shall reimburse the District for any additional cleaning or maintenance costs arising
out of the use of the Gym Facility for City sponsored events.
5.06. Conditions of Use. All use of the Gym Facility shall be subject to the following
conditions, restrictions and requirements;
1) Use of the premises on school days may begin with the dismissal of students from classes.
On Saturdays, Sundays, and holidays, use of the building shall begin no earlier than 7:30
6
Hayes Cooperative Agreement S/14/2012
a.m. Events on any day will not be scheduled to last past 11:00 p.m. unless expressly agreed
in writing by both parties. It is agreed, however, that sporting events will continue to
completion.
2) No smoking or alcoholic beverages will be allowed in the Gym Facility or on the premises at
any time or in any circumstance.
3) The District's policies regarding weapons will be in effect in the Gym Facility and throughout
the Hayes Elementary School property.
4) If requested by either party, District and City agree to develop within thirty (30) days of the
request and review from time to time a complete set of rules and regulations for use of the
Gym Facility and surrounding property.
5) The City will be responsible for enforcing all applicable rules and regulations during City-
sponsored event.
5.07. Activity Room. A small space on the southwest side of the Gym Facility which is
accessed from the exterior shall be set aside for the benefit of the City for the purpose of
recreation programming (the "Activity Room"). At all times when the City is using the Activity
Room, the City will provide a trained supervisor or instructors.
6. INSURANCE. Each party shall provide evidence of the following insurance, or a policy of self-
insurance, to the other party.
6.01. Comprehensive General Liability Insurance. The District and City shall both
maintain in effect throughout the term of this Agreement, comprehensive general liability
insurance, with limits of not less than the amount required by Minnesota Statute § 466, as it may be
amended from time to time. Such insurance shall specifically insure against liability arising or
potentially arising under this Agreement, or the use of the Gym Facility as well as liability imposed
by law, and shall name the non-procuring party as an additional insured.
7
Hayes Cooperative Agreement S/14/2012
7. UTILITIES.
The City shall pay to the District a yearly fee for utilities that is proportionate to their use of the Gym
Facility. The fee will be agreed to by the Director of Community Education and the City's Parks and
Recreation Director.
8. INDEMNIFICATION.
8.01 District. Subject to and restricted by the municipal tort liability limits in Minnesota
Statutes Chapter 466, as amended, District shall defend, indemnify and hold City or City's elected
officials, officers and representatives harmless from any and all claims, liability, loss or damage
whatsoever on account of any such loss, injury, death or damage arising out of any negligent act,
negligent omission or intentional tort of District or District's elected officials, officers, representatives
agents, employees, and contractors.
8.02. Citv. Subject to and restricted by the municipal tort liability limits in Minnesota Statutes
Chapter 466, as amended, the City shall defend, indemnify and hold District or District's elected officials,
officers and representatives harmless from any and all claims, liability, loss or damage arising out of any
negligent act, negligent omission or intentional tort of City or City's elected officials, officers,
representatives agents, employees, and contractors.
8.03. Sin�le Entitv. To the full extent permitted by law, this Agreement is intended to be and shall
be construed as a"cooperative activity° and it is the intent of the parties that they shall be deemed a
"single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section
471.59, subd. 1a (a), as amended. Nothing herein shall be construed to waive or limit any immunity from
or limitation on liability available to either party, whether set forth in Minnesota Statutes, Chapter 466
as amended, or otherwise. Under no circumstances shall either party be required to pay on behalf of
8
Hayes Cooperative Agreement S/14/2012
itself or the other party, any amounts in excess of the limits of liability established in Minnesota Statutes
Chapter 466, as amended applicable to any third party claim. The statutory limits of liability for the
parties may not be added together or stacked to increase the maximum amount of liability for any third
party claim.
8.04. Cooperation. Each party shall cooperate with the other and its respective insurers to
determine the most effective and efficient handling of liability claims arising out of the use of the Gym
Facility.
9. NOTICES.
9.01. Manner of Notice. All notices, demands, or other writings in the Agreement provided to be
given or made or sent, or which may be given, made or sent by either party to the other, shall be
deemed to have fully given or made or sent when made in writing and deposited in the United States
mail, registered and postage prepared, addressed to the District as follows:
District: Superintendent
Independent School District No. 14, Fridley
6000 West Moore Lake Drive
Fridley, NN 55432-5698
City: City Manager
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432-5698
9.02. Modification. The address to which any notice, demand or other writing may be given or
made or sent to any party as above provided, may be changed by written notice given by such party as
above provided.
10. DEFAULT.
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Hayes Cooperative Agreement S/14/2012
10.01. Notice of Default. Neither party shall be deemed to be in default under this
Agreement unless the other party shall first give written notice of the default, and the default is not
cured within sixty (60) days: or, if the default is of such a nature that it cannot be cured within sixty (60)
days, the party fails to commence to cure the default within the period of sixty (60) days, or fails
thereafter to proceed to the curing of the default with all possible diligence.
10.02. Default; City. In the event of any breach of the Agreement by the City, and after the
notice and time periods set forth in Section 10.01, the District, in addition to other rights or remedies it
may have, shall have the immediate right to terminate this Agreement without penalty, subject to the
requirements of this Section 10 and Section 11, but subject first to the requirements of Section 14.03.
10.03. Default; District. In the event of any breach of the Agreement by the District and
after the notice and time periods set forth in Section 10.01, the City, in addition to other rights or
remedies it may have, shall have the immediate right to terminate this Agreement without penalty,
subject to the requirements of this Section 10 and Section 11, but subject first to the requirements of
Section 14.03.
11. TERMINATION.
11.01. Termination bv District.
1) Termination for Cause. The District may terminate this Agreement if it finds the City to be in
default, as defined in the Section 10 of this Agreement, in addition to exercising other rights
and remedies that may be available to it, subject first to the requirements of Section 14.03.
In the event of a Termination for Cause, the City shall not be entitled to reimbursement for
its allocated capital contributions.
2) Termination Without Cause. The District may terminate the Agreement without cause,
including but not limited to a determination by the District that the Gym Facility is needed
10
Hayes Cooperative Agreement S/14/2012
for District educational purposes, or is surplus or is no longer necessary for the educational
program of the District.
3) Notice of Termination-Termination Without Cause. In the event that the District or City
terminates the Agreement without cause, the terminating party shall provide written notice
to the other party subject to the notice requirements of this Section 11.01. 3). Termination
may occur at any time, but must be preceded by delivery of written notice of termination on
or before the first day of April of any year, to be effective on July first of that same year.
Failure to follow the procedures for a notice of termination will invalidate that termination.
11.02. Termination bv Citv
1) Termination for Cause. The City may terminate this Agreement if it finds the District to be in
default, pursuant to Sections 10 and 11 of this Agreement, in addition to exercising other
rights and remedies that might be available to it.
2) Termination without Cause. The City may terminate this Agreement for any reason other
than cause after providing notice of termination pursuant to Section 11.01. 3).
11.03. Allocation of Capital Contributions; Termination Without Cause. The District and the City agree
that as of the date of commencement of the Initial Term, prior capital investments by the City in the
Gym Facility have not been amortized. In the event of a Termination Without Cause, the District will
reimburse the City for a portion of the fair market value of the Gym Facility based on the proportion of
the City's capital contribution(s) to the Gym Facility after September 17, 1996, as compared to the then
fair market value of the Gym Facility at the time of termination. In the event the Agreement is
terminated after September 17, 1996, the parties will mutually select an appraiser to appraise the then
fair market value of the Gym Facility. The District shall be responsible for payment of the appraiser's
fees.
11
Hayes Cooperative Agreement S/14/2012
12. WAIVER.
12.01. The waiver of District or the failure of District to take action with respect to any term, covenant,
or condition contained in the Agreement shall not be deemed to be a waiver of such term, covenant or
condition, or subsequent breach of the same, or any other term, covenant or condition contained in this
Agreement.
13. PARTIES BOUND.
The covenants and conditions contained in this Agreement shall apply to and bind the successors,
executors, and administrators of all the parties to the Agreement.
14. JURISDICTION;CONSTRUCTION OF AGREEMENT.
14.01. Jurisdiction. It is agreed that this Agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Minnesota.
14.02. Construction of Terms. It is further agreed that both parties have participated
in the drafting of this Agreement, by and through their respective legal counsel, and that the rule of
construction that ambiguities in such agreements will be construed against the drafter will have not
application in any interpretation or construction of this Agreement or the parties' rights and
responsibilities hereunder.
14.03. Dispute Resolution Process. In the event of any disagreement or dispute as to the
interpretation of any of the provisions of this agreement or the responsibility of the parties with respect
to any of its provisions, including those governing Default (§ 10) and Termination (§ 11), the parties
12
Hayes Cooperative Agreement S/14/2012
agree to make all good faith efforts to resolve those disagreements and disputes amicably. In the event
they are unable to resolve any such disagreement or disputes between themselves without benefit of
outside intervention or assistance, the parties agree to mediate those disagreements and disputes and,
failing resolution by mediation, to submit those disagreements and disputes to binding arbitration. The
parties shall equally share the expense of inediation and binding arbitration.
15. MODIFICATION OF AGREEMENT.
Any modification of this Agreement or additional obligation assumed by either party in connection with
this Agreement shall be binding only if evidence in a writing signed by each party or an authorized
representative of each party.
16. ADDITIONAL DOCUMENTS.
The parties agree to execute whatever papers and documents may be necessary to effectuate the terms
of this Agreement.
17. ENTIRE AGREEMENT.
This Agreement shall constitute the entire agreement between the parties. Any prior understanding or
representation of any kind preceding the date of this Agreement shall not be binding upon either party
except to the extent incorporated in this Agreement.
18. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall constitute one and the same instrument.
(Signature page for the parties follows)
13
Hayes Cooperative Agreement S/14/2012
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
first above written.
INDEPENDENT SCHOOL
DISTRICT NO. 14
BY: Chris Riddle
Its: School Board Chair
By: Peggy Flathmann, Ed. D.
Its: Superintendent
14
Hayes Cooperative Agreement S/14/2012
CITY OF FRIDLEY
By: Scott J. Lund
Its: Mayor
By: William W. Burns
Its: City Manager
� AGENDA ITEM
� COUNCIL MEETING OF SEPTEMBER 10, 2012
� °F CLAI MS
FRIDLEI'
CLA1 MS
156414 - 156641
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CffY OF
FRIDLEY
I_�r7 � ►1 �7_\ � � � 1�11
CITY COUNCIL MEETING OF
SEPTEMBER 10, 2012
LICENSES
TYPE OF LICENSE: APPLICANT: APPROVED BY:
Tree Removal & Treatment Living Water Tree Service Public Works
2605 135th Ave NW Public Safety
Andover, MN City Clerk
Walton L.Witzke II, Applicant
Peddler or Solicitor License Custom Remodelers, Inc. Public Safety
Additional solicitors to license: City Clerk
l. Donna Copeland
2. Daniel Konz
3. Zachary Dropps
Temporary Lawful Gambling Friends of Fridley Seniors Public Safety
6085 7th St NE, Fridley City Clerk
Connie Thompson, Applicant
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
�°F LICENSES
FRIDLEI'
Contractor T e A licant A roved B
Artisan Plumbing & Remodeling LLC Gas Scott Matis Ron Julkowski, CBO
Bonfes Plumbing Heating & Air Svc Gas Walter Bonfe Ron Julkowski, CBO
C F Haglin & Sons Inc Commercial or Thotnas Goering Ron Julkowski, CBO
S ecialt
Condors Fireplace & Stone Heating Ardeen Brever Ron Julkowski, CBO
H-Man Concrete Company LLC Masonry Lucas Hanon Ron Julkowski, CBO
Hoffman Refrigeration & Heating Heating Dennis Doerr Ron Julkowski, CBO
Lero Si ns Inc Si n Erector Ral h Reiter Ron Julkowski, CBO
MH Plumbin Inc Gas Kim Horner Ron Julkowski, CBO
MH Plumbing Inc Heating Kim Horner Ron Julkowski, CBO
Morcon Construction Co Inc Cotnmercial or Jeff Roerick Ron Julkowski, CBO
S ecial
Rays Home Repair Inc Commercial or Dan Will Ron Julkowski, CBO
Specialty
Rose Cit Si n Co Inc Si n Erector Jonathan Gesch Ron Julkowski, CBO
Sun Mechanical Inc Gas Kell Grotte Ron Julkowski, COB
Su erior Heatin AC & Electric Heatina Mark Johnson Ron Julkowski, CBO
Wenzel Heatin & Air Conditionin Heatin Andrea Prusse Ron Julkowski, CBO
�
�
CffY OF
FRIDLEI'
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
September 10, 2012
William W. Burns, City Manager
John Crelly, Fridley Assistant Fire Chief
September 6, 2012
Annual renewal of rental licenses
Attached is a list of 238 properties that have completed the license renewal process. Each
property listed has submitted a rental license application, paid all fees, and has completed the
rental property inspection process.
Staff recommends that City Council approve the rental license renewal for these properties.
ProplD:
2D25
1048
1101
1102
1103
���o
1105
1106
1819
2D06
2D99
1518
2100
1114
1115
1116
1454
1090
1489
1120
1122
164D
1919
1136
1149
1152
1153
1137
1141
1142
1143
1144
1498
1172
1999
2003
1992
1181
1504
1907
1190
1198
202�
1583
140D
2D41
1204
1205
1206
Property Address
4851 2 1/2 St. N E
5783-85 2 1/2 St. N E
5820 2 1/2 St. N E
5846 2 1/2 St. N E
5900 2 1/2 St. N E
5908 2 1/2 St. N E
5916 2 1/2 St. N E
5924 2 1/2 St. N E
5942 2 1/2 St. N E
6004 2 1/2 St. N E
4647 2nd St. NE
4832 2nd St. NE
5800 2nd St. NE
5816 2nd St. NE
5830 2nd St. NE
5848 2nd St. NE
5866 2nd St. NE
6008 2nd St. NE
6037 2nd St. NE
6511 2nd St. NE
6530 2nd St. NE
4687 3rd St. NE
5045 3rd St. NE
5057 3rd St. NE
5069-71 3rd St. NE
5141-43 3rd St. NE
5191-93 3rd St. NE
5200 3rd St. NE
5260 3rd St. NE
5261 3rd St. NE
5290 3rd St. NE
5291 3rd St. NE
6073 3rd St. NE
5850-52 4th St. NE
5940-42 4th St. NE
6081 4th St. NE
195 53rd Ave. NE
213-219 53rd Ave. NE
360-362 57th PI. NE
409 57th PI. NE
105 58th Ave. N E
5450 5th St. NE
5810 5th St. NE
6124-84 5th St. NE
6200 5th St. NE
6241 5th St. NE
6262-64 5th St. NE
6303-05 5th St. NE
6311-29 5th St. NE
RENTAL HOUSING
Units
1
2
4
6
7
7
7
7
1
1
1
1
1
1
4
8
4
4
1
4
4
1
2
2
2
1
2
11
11
11
11
11
3
2
2
1
1
4
1
1
7
6
1
16
51
1
2
2
16
Owner
Doug & Ruth Bachorik
Thomas J Fritz, Jr.
Midwest Property Rentals
T & N Properties
Eagle Enterprises USA, LLC
ACCAP
ACCAP
Sass Inc.
Allen Hoffer
Patricia M. Miller
Aaron & Sara Daigle
KPR Properties, LLC
Abdu A Hassan
Eugene Tomas
Violet S. Woods
Cedar Management
Dan Netko
ACCAP
Ross Enterprises, Inc.
Chester Gromek
Phuntsok D. Tsawog
Lorraine Lemke
Wingate Investments, Inc.
Edward Otremba
Dean Hoskins
Nizar Benhaj
Steve Hynes
Helena Bigos
Helena Bigos
Helena Bigos
Helena Bigos
Helena Bigos
Jerome Dold
RNR Properties
James & Jean Krcma
Brian lacono
Cory & Sara Ramel
Helena Bigos
David Rust
NJK Properties, LLC
Aspen Enterprises, USA, LLC
Tkaczik Family Ltd Partners
Ken Baker
CHDC Brandes Place Limited
Norwood Square Inc.
Garry & Vera Schoolcraft
Douglas Finch
Fridley Apartments
Fridley Apartments
Propi�: Property Address Units Owner
1207
1211
1212
1213
1215
1216
1526
1998
1841
1849
1822
1466
1493
2055
2oss
1222
1223
1226
1243
1244
1246
1249
2D32
1502
1257
1469
1262
1260
1484
1261
1814
1277
1861
1834
1278
1283
1624
1286
�2as
1289
1290
1291
1292
1293
1312
1962
1510
1875
zos2
1915
2033
6337-39 5th St. NE
6431-33 5th St. NE
6437-55 5th St. NE
6459-61 5th St. NE
6465-83 5th St. NE
6487-89 5th St. NE
114-116 62nd Way NE
151 62nd Way NE
71 65 1/2 Way N E
81 65 1/2 Way N E
56 66 1/2 Way N E
553 66th Ave. N E
41 66th Way NE
71 66th Way NE
260 67th Ave. N E
1590-96 68th Ave. N E
1591-97 68th Ave. N E
1612-18 68th Ave. NE
1630-40 69th Ave. N E
1650-58 69th Ave. N E
5335-37 6th St. NE
5381-83 6th St. NE
6281 6th St. NE
105 71 1/2 Way NE
1560-64 73'h Ave. NE
1309-11 73rd Ave. NE
1313-23 73rd Ave. NE
1441 73rd Ave. NE
1461 73rd Ave. NE
1619 73rd Ave. NE
1640 76th Ave. N E
321 79th Way NE
341 79th Way NE
379 79th Way NE
5430 7th St. NE
5536-38 7th St. NE
6380 7th St. NE
131 83rd Ave. NE
151 83rd Ave. NE
161 83rd Ave. NE
165 83rd Ave. NE
171 83rd Ave. NE
181 83rd Ave. NE
191 83rd Ave. NE
7539-41 Able St. NE
5336 Altura Rd. NE
5479 Altura Rd. NE
6278 Baker Ave. NE
6170 Benjamin St. NE
1660 Camelot Ln.
5771 Central Ave. NE
2
2
16
2
16
2
2
1
1
1
1
1
1
1
1
4
4
4
6
5
2
2
1
1
2
2
2
18
21
24
1
8
1
1
34
1
2
36
42
42
3
36
42
42
2
1
1
1
1
1
1
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Fridley Apartments
Gary & Carolyn Knutson
Brian J. Lokkesmoe
Doug Hoaglund
J & C Associates
Scott Spadgenske
John Fang-Yen
Roslyn Jenkins
Josef Howard
Rob Shimanski
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Rice Creek Townhouses
Robert Huber
Thomas Gliadon
Value Homes, LLC
Jeff Lester
Ross & Sonja Olson
Bruce Fyksen
David Morisette
Bradley G. Dunham
Equity Real Estate Services
AZAMKO PROPERTIES
Sonya McKinley
Bradley G. Dunham
James Norling
Allen Hoffer
MC 7th Street Properties, LLC.
Thomas C Bui
Chris & Jenny Johnson
University Ave Associates
University Ave Associates
University Ave Associates
University Ave Associates
University Ave Associates
University Ave Associates
University Ave Associates
Robbi J Olson
Joel A Marquette
ACCAP
Redouane Elattaoui
Gregg & Lois Johnson
Brian Lindstrom
Karyn Kroening
Propi�: Property Address Units Owner
181D
1320
1321
1588
1327
1332
1333
1334
1335
1846
2D51
2D05
1336
1739
zoos
1645
1337
200�
1038
1039
1827
2D26
2D29
1347
1348
1349
1350
1535
2oas
1461
1851
1873
1499
136D
1886
1922
�osz
1586
1901
1369
1053
1820
2075
1857
1783
1D95
2054
2030
2049
1842
1511
6061 Central Ave. NE
6634 Central Ave. NE
6640 Central Ave. NE
6676 Central Ave. NE
7335-37 Central Ave.
1200 Cheri Ln. NE
1230 Cheri Ln. NE
1260 Cheri Ln. NE
1290 Cheri Ln. NE
671 Cheri Ln. NE
131 Christenson Ct. NE
212 Christenson Way NE
5503 E Bavarian Pass
5533 E Bavarian Pass
5544 E Bavarian Pass
5409 E Brenner Pass
5439 E Brenner Pass
5465 E Brenner Pass
5640 East River Rd.
5660 East River Rd.
6410 East River Rd.
8041 East River Rd.
471 Ely St. NE
7320-22 Evert Ct. NE
7325-27 Evert Ct. NE
7330-32 Evert Ct. NE
7335-37 Evert Ct. NE
1056 Fillmore Cir. NE
5271 Fillmore St. NE
5355-57 Fillmore St. NE
555 Glencoe St. NE
7343 Hayes St. NE
7091-93 Hickory Dr. NE
6807 Hickory St. NE
1247 Hillwind Rd. NE
5132 Hughes St. NE
5133 Hughes St. NE
355 Hugo St. NE
617 Hugo St. NE
421-423 Ironton St. NE
190 Island Park Dr. NE
6710 Kennaston Dr NE
841 Kennaston Dr NE
517 Kimball St. NE
5230 Lincoln St. NE
190 Longfellow St. NE
281 Longfellow St. NE
6533 Lucia Ln. NE
7361 Lyric Ln. NE
5381 Madison St. NE
4551-53 Main St. NE
1
10
1
1
2
18
18
18
18
1
1
1
1
1
1
1
1
1
42
42
1
1
1
2
2
2
2
1
1
2
1
1
2
1
1
1
1
1
1
2
12
1
1
1
1
1
1
1
1
1
2
GLT Properties, LLC
Donald Findell
Donald Findell
Donald Findell
Joseph C. Mooney Jr.
Skywood Apt c/o Cedar Mgmt.
Skywood Apt c/o Cedar Mgmt.
Skywood Apt c/o Cedar Mgmt.
Skywood Apt c/o Cedar Mgmt.
Eric Plut
Jake Roeller
Patrick Handley
Mary Suzanne Wright
Thomas Stuart
Leah Stickney
Blaine L. Nordwall
Sean St. Germain
Anthony Alanen
Georgetown Court Apartments
Georgetown Court Apartments
Andrew Johnson
Julie Ha Truong
Jeffrey & Amelia Rice
Gregg & Lois Johnson
Longview Properties
Wayne Nelson
Nikolay Shilo
Jenn-Yuan Chen
Todd & Steffanie Roepke
William L. Shields
Allen Hoffer
Derek Arnold
Northome Partnership
Danny & Peri Johnsen
Angelo & Sarah Piga
S.O.S. Source One Solutions
ACCAP
Jeff & Allison Brausen
Flames Property, Inc.
Randy Crowell
Cullen Homes, Inc
GLT Properties
Wendy Miletich
Adebayo Mustapha
Patricia G Nelson
ACCAP
Stacey Clayson
Sandra J. Steinberg
Mark Reiners
Robert W. Hassman
Comking Real Estate Ventures
Propi�: Property Address Units Owner
1389
1379
1380
1381
1384
1391
1387
2052
zoo�
1D69
2D5D
1882
2042
1074
1587
1057
1789
�s��
1914
1317
2016
2D28
1879
�o7z
1930
1532
1398
1541
1399
1073
2011
2094
1401
1843
1543
1403
1404
1590
1406
1407
2004
1409
1410
2086
1758
1411
1412
1413
1414
1415
1416
4591-93 Main St. NE
5475 Main St. NE
5495 Main St. NE
5835-37 Main St. NE
6019 Main St. NE
6661-71-81 Main St. NE
6711-15 Main St. NE
5601 Matterhorn Dr.
5663 Matterhorn Dr.
1413 Meadowmoor Dr.
5550 Meister Rd. NE
5590 Meister Rd. NE
255 Mercury Dr. NE
110 Mississippi PI. NE
936 Mississippi St. NE
945 Mississippi St. NE
6741 Monroe St. NE
1627 N Brenner Pass NE
1629 N Brenner Pass NE
1633 N Brenner Pass NE
1601 N Innsbruck Dr. #103
1601 N Innsbruck Dr. #106
1601 N Innsbruck Dr. #118
1601 N Innsbruck Dr. #130
1601 N Innsbruck Dr. #153
1601 N Innsbruck Dr. #173
1601 N Innsbruck Dr. #206
1601 N Innsbruck Dr. #229
1601 N Innsbruck Dr. #231
1601 N Innsbruck Dr. #234
1601 N Innsbruck Dr. #248
1601 N Innsbruck Dr. #250
1601 N Innsbruck Dr. #253
1601 N Innsbruck Dr. #263
1601 N Innsbruck Dr. #272
1601 N Innsbruck Dr. #280
1601 N Innsbruck Dr. #302
1601 N Innsbruck Dr. #304
1601 N Innsbruck Dr. #356
1601 N Innsbruck Dr. #362
1601 N Innsbruck Dr. #365
1601 N Innsbruck Dr. #374
1601 N Innsbruck Dr. #384
1217 Norton Ave NE
1124 Norton Ave. NE
1230-32 Norton Ave. NE
1237-39 Norton Ave. NE
1240-42 Norton Ave. NE
1250-52 Norton Ave. NE
1260-62 Norton Ave. NE
1261-63 Norton Ave. NE
2
12
12
2
4
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
T & K Properties
Commers-Clover, LLP
Commers-Clover, LLP
Paul Slesar
Yonas Berhane
Mostafa Abdel-Kerim
Michael Whalen
Michael Hylden
Leslie Gerdin
Benjamin Connors
Buildup Assets 1st Ave., LLC
William & Stacy Bauer
Manish & Nivedita Sahni
Stone Trail, LLC
J. Mark Hostetler
D & J Properties, LLC
David Wiger
Ruth Chacey
Daniel & Johnna Nynas
Alan & Deborah Srbich
Dwain A. Jacobson
Chris & Jennifer Charbonneau
Dale R& Barbara E Johnson
Dennis Anderson
Richard F. lacarella
Dennis Anderson
Steve & Sandy Mackenthun
Don Remjeske, Jr.
Dennis Anderson
Dennis Anderson
Elissa Lokken
Chris Rocca
Olav Maehle
Stephen Varichak & James Surdyk
Dennis Anderson
Dan Cremisino
Kristin Chambers
Olav Maehle
Richard F. lacarella
Camille & Daniel Neujahr
Heidi Miller
Charles A. Gosselin
Melissa M. Penney
Zhenyu Jiang
Waheed Hussain
Terrance Dreyer
Randy Crowell
Donovan & Sharry Elias
Donovan & Sharry Elias
Dennis Anderson
SJR Investments, LLC
Propi�: Property Address Units Owner
1417
1418
1420
1421
1931
�oss
1478
2039
1481
2D79
1434
1487
1432
1433
1917
1960
1083
2000
1869
1821
1094
188D
2D81
�ss�
1912
1916
1712
2093
1792
1448
1530
1997
1471
2D24
2D87
1986
1270-72 Norton Ave. NE
1280-82 Norton Ave. NE
1285-87 Norton Ave. NE
1295-97 Norton Ave. NE
1284 Norton Ave. NE
1376 Osborne Rd. NE
1412 Osborne Rd. NE
1670 Osborne Rd. NE
124 Panorama Ave.
225 Panorama Ave.
6315-17 Pierce St. NE
6355 Pierce St. NE
6373-77 Pierce St. NE
6401 Pierce St. NE
220 Rice Creek Blvd. NE
1024 Rice Creek
6291 Riverview Terr. NE
1505 S Bavarian Pass
1536 S Timber Ridge
233 Satellite Ln. NE
6130 Starlite Blvd. NE
6190 Starlite Blvd. NE
5864 Stinson Blvd NE
6060 Stinson Blvd NE
7388 Symphony St.
36 Talmadge Way NE
7450 Tempo Terrace
1531 Trapp Ct. NE
5821 University Ave. NE
7323-25 University
5466 W Bavarian Pass
5514 W Bavarian Pass
5605 W Bavarian Pass
5419 W BrennerPass
5707 Washington St
6800 Washington St
2
2
2
2
1
1
1
1
1
1
2
2
2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Kathryn M. Erjavec
Nancy Nelson
Gamal Phuly Amany Rifai
Nancy Nelson
John J George
ACCAP
Omar A. Khan
Anita & Andrew Webster
Heinz K. Ashmun
Estate of Murle Soland
New Land Properties, LLC
Jon Williams
Jon R. Burkhow
Thomas R. Peterson
Richard & Lauren Hedlund
Jae C Hangge
Ray Ellis Property
David & Geraldean Newgaard
Nathan Kuznia
Seth Chmelik
ACCAP
Asad A. Kahn & Anees Khatoon
Timothy J. Rahill
John Livingston
Moti Iticha
Angela L. Zurek
Constance Slama
Kelly Pogatchnik
Urban Enterprises, Inc.
Steven Petschel
Ron Cadieux
Joel Stewart
Kelly Pogatchnik
Heidi Meyer
RT Properties, LLC
Chris & Barbra Mack
Number of Licenses for approval: 238
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
� °F ESTI MATES
FRIDLEI'
Central Roofing
4550 Main Street N.E.
Minneapolis, MN 55421
Municipal Center Roof Replacement
Project No. 418
Estimate No. 1 ............................................................................ $138,038.80
Allied Blacktop Company
100503 — 89t" Avenue North
Maple Grove, MN 55369
2012 Cooperative Street Maintenance
Project No. ST2012-10
Estimate No. 2 ............................................................................ $ 60,192.81
Midwest Asphalt Corporation
5929 Baker Road
Suite 420
Hopkins, MN 55345
2012 Street Rehabilitation
Project No. ST2012-01
Estimate No. 2 ............................................................................$151,797.65
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
CffY OF
FRIDLEY
Date: August 28, 2012
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject:Public Hearing for Rezoning Request, ZOA #12-01, MDW Equity LLC
INTRODUCTION
MDW Equity LLC, owner of 6101 University
Avenue NE, Fridley, MN is requesting to rezone
their property from C-3, General Shopping to C-2,
General Business. Rezoning this property will
allow the owner to redevelop the site by
constructing a building large enough to allow for
successful economic utilization.
The current zoning of C-3, General Shopping
imposes several requirements that make
redevelopment of the site difficult. The minimum
lot size required for a C-3 district property is
35,000 sq. ft., whereas the minimum lot size
required for a C-2 district is 20,000 sq. ft. The
property has a lot size of 24,931 sq. ft., making it
more suitable for C-2 zoning than its current non-
conforming zoning of C-3. The current building
also does not meet C-3 setback regulations;
therefore future site users would be required to
either use the existin buildin in its non- ""�' "� �" ��,�
g g�
� � �� ����������� �� ,�� �.��
conforming state or a rezone the property to
allow for any new structure. As a result, the petitioner is seeking this rezoning request.
PLANNING COMMISSION RECOMMENDATION
At the August 15, 2012, Planning Commission meeting, a public hearing was held for ZOA #12-01. After
some discussion, the Planning Commission recommended approval of rezoning, ZOA #12-01.
THE MOTION CARRIED UNANIMOUSLY.
It should be noted that the petitioner was unable to attend the June 20, 2012 Planning Commission
meeting. He will send a local representative to the City Council meeting or he will attend himself from
Florida.
PLANIVING STAFF RECOMMENDATION
City Staff recommends that the City Council hold a public hearing for Rezoning Request, ZOA #10-02.
City of Fridley Land Use Application
ZOA #12-01
GENERAL INFORMATION
Applicant:
MDW Equity LLC
Michael Stern
2760 N. University Drive
Davie, FL 33024
Requested Action:
Rezone property from C-3 to C-2.
Existing Zoning:
C-3, General Shopping
Location:
6101 University Ave NE Fridley, MN 55432
Size:
24,931 sq. ft. 0.57 acres
Existing Land Use
Vacant Gas Station
Surrounding Land Use & Zoning:
N: University Ave. Service Drive & ROW
E: Church of St. William & R-3
S: Vacant Land C& G2
W: HWY 47 & ROW
Comprehensive Plan Conformance:
Designated as Redevelopment
Zoning History:
1940 — Lot is platted.
1960 — Building permit issued for a Service
Station.
1972 — Easement to detach Service Rd
1985 — Building permit issued for Canopy
over new Island layout.
Legal Description of Property:
Refer to attached certificate of survey for
legal description.
Public Utilities:
The building is connected, however utilities
aren't in use.
Transportation:
Currently the property is accessed off of 615t
Avenue and at 2 points on the University
Avenue Service Road.
Physical Characteristics:
Lot consists of the buildings, gas canopy,
hard surface area with minimal landscaped
areas.
J u ly 30, 2012
SPECIAL INFORMATION
SUMMARY OF REQUEST
MDW Equity LLC is seeking to rezone their property,
which is located at 6101 University Avenue from C3,
General Shopping to C-2, General Business.
SUMMARY OF ANALYSIS
City Staff recommends approval of this rezoning
request.
� Proposed rezoning will allow the owner to
economically utilize the site in a way that
better suits its location, size and shape.
Aerial of site
Council Action / 60 Day Date:
September 10, 2012/ September 10, 2012
Staff Report Prepared by: Allison Wenlund,
Planning Intern
Land Use Application
Rezoning #12-01
REQUEST
MDW Equity LLC, owner of 6101 University Avenue NE, Fridley, MN is requesting to rezone
their property from C-3, General Shopping to C-2, General Business. Rezoning this property will
allow the owner to redevelop the site by constructing a building large enough to allow for
successful economic utilization.
The current zoning of C-3, General Shopping imposes several requirements that make
redevelopment of the site difficult. The minimum lot size required for a C-3 district property is
35,000 sq. ft., whereas the minimum lot size required for a C-2 district is 20,000 sq. ft. The
property has a lot size of 24,931 sq. ft., making it more suitable for C-2 zoning than its current
non-conforming zoning of C-3. The current building also does not meet C-3 setback regulations;
therefore future site users would be required to either use the existing building in its non-
conforming state or a rezone the property to allow for any new structure.
SITE DESCRIPTION AND HISTORY
The property at 6101 University Avenue was zoned C-3, General Shopping at the time of its
original development in 1960. The use of the property as a gas station was a permitted use at
the time of development; however current code would require a special use permit for a gas
station in a C-3 zone. Therefore the property is considered legal, non-conforming. The site has
consistently been used as a gas station site since 1960, changing owners several times
throughout its history.
In the early 1970's, the owner, Shell Oil, agreed to
an easement with the City of Fridley along with the
adjacent property owned by the Church of St.
William authorizing the exchange of property for
Trunk Highway #47 East Service Road detachment
on the north side of 61St Avenue.
In 1985, the city issued a building permit to Q
Petroleum Corporation to construct a 40' x SO'
canopy over a new island layout.
In 2000, the Minnesota Pollution Control Agency
determined that an investigation and/or cleanup
had adequately addressed a petroleum tank
release at the site and that the site did not appear
to be a threat to public health or the environment.
In 2012, further investigation of the site completed
by Liesch Associates, Inc., and requested by the city as part of research for new TOD
development in the area, revealed no evidence of remaining soil contaminants near the
underground storage tanks or former dispensers. The project manager also stated that this site
was one of the cleanest gas station sites he had ever investigated.
In 2002, the Church of St. William applied for a rezoning of its property at 6120 5t" Street from
C-3, General Shopping to R-3, Multi-Family Residential. Those parcels, as well as Moon Plaza
had originally been part of the same zoning district (C-3) as 6101 University Avenue until they
were separated by the Trunk Highway #47 East Service Road detachment in the 1970's. This
action caused the 6101 University Ave parcel to be isolated from the rest of the zoning district;
and therefore was not included in the rezoning that occurred around the property in 2002. The
area was further altered by restrictions placed by MnDOT that limited access to the commercial
area which ultimately changed the potential for future use and development in this quadrant of
615t Avenue and University Avenue.
ANLAYSIS
The petitioner is seeking to rezone their property at 6101 University Avenue NE from C-3,
General Shopping to C-2, General Business. Several unsuccessful attempts have been made by
the property owner to lease the property as originally built as a gas station/service station. Due
to the location and size of the site, it is practical to rezone the property for other retail type use
that would be permitted in a C-2 zone. There are several of these turn-back type parcels within
the City, which are those lots along major corridors; that have roadway all around them. All of
these turn-back parcels within the City are now zoned C-2, General Business. The small lot sizes
of these parcels tend to fit better with the C-2 standards because lot size, setbacks and other
performance standards are more attainable. Therefore, a rezoning of this property is consistent
with the trends already seen along the major corridors of Hwy 65 and University Avenue within
Fridley.
The zoning changes of St. William's property that occurred in 2002 left the 6101 University
Avenue NE property to remain C-3, General shopping because of it's separation by the service
road. The property is the only C-3 site in the vicinity and was left without sufficient land area to
support typical C-3 development.
This site currently lies within the
Transit-Oriented Development
(TOD) overlay district; and
therefore, any new development
will need to go through the TOD
master plan process which requires
Planning Commission review and
City Council approval.
The City's zoning ordinance and
official zoning map are the
mechanisms that help the City
achieve the vision laid out in the
Comprehensive Plan. The law gives
the City the authority to "rezone"
property from one designated use
to another, so long as the zoning is in conformance with the Comprehensive Plan. The
Comprehensive Plan's 2030 future land use map designates this area as "Redevelopment"
within the Northstar TOD.
The petitioner has indicated that there are a couple of interested developers whom have
shown interest in the site for redevelopment and construction of a new building. These
inquiries are contingent upon a rezoning that would allow these future developments/uses
rather than the current zoning which would allow no changes to the existing site because of its
non-conforming status.
STAFF RECOMMENDATION
City Staff recommends approval of this rezoning request.
■ Proposed rezoning will allow the owner to economically utilize the site in a way
that better suits its location, size and shape.
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY
MAKiNG A CHANGE IN ZONING DiSTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley Ciry Code is amended hereinafter as indicated.
SECTTON 2. The tract or area within the State of Minnesota and the County of Anoka and the City of
Fridley and described as:
6101 Universitv Avenue NE
Legal Description — attached as Exhibit A
SECTTON 3. That the Zoning Administrator is directed to change the official zoning map to show said
tract or area to be rezoned from Zone District C-3 (General Shopping) to C-2 (General
Business).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10`�' DAY
OF SEPTEMBER, 2012.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CTTY CLERK
Public Hearing: September 10, 2012
First Reading:
Second Reading:
Publication:
�- x ��� i �� � --� �
6101 LTniversity Ave NE
Fridley MN
� -- Lega1 Descrip�ion
'I'RAC"I' t:
That paiti cif tla� Sux�ilrea�t Quatter oC'tiae ;ic�uthw�cst �7urirter ot' S�cYion l4. Township .,11. lisxn�e 2A cicscriU�:r1 Fas oammwcing �t rhe Sauthwest
cnrner tho��uaf; tirencr. T�taih alorig the VJcst liire uf s;ii�l Sc•iuthcast Qu�rtar �f tt�e Sauihaaest {lunrter 3Q f'eet; 7hetice Last pa�•allel ��>ith thc Sputh
f i�fe uf Soutlicast Quaner oi the Southwest Qu:uYCr t27.22 feer thencc T.artheaster:�• on u taneen[iul cur�c to the Icft ha��ing a raclius af 20 feet a
clisr�nce �7t�.31 22 fect; thcncc tiorel� tangent tc last ciascii:�ed eurvc a distutace of 100 9b fcer, thcnr.e Norlhwes�esiy an a tangcnii�l cu�vc loihc icG
hriving a rvciius uF45 fcet a c#ist�mce uf 4tt.69 tcet; thence Northwesterly rangent ta last cl�scribed c�uve 56.941'u:t: thenea Ncsrthw��terly <>n :i
[angcniia; cnrvc to thi ri�ht iiavin�? a radiue of' 1 i5 teei a tl'tstance of .5.3 7l feci to the L',ast!inz of#hc� WesK 30 fia:t af said Soutlieast Quaricr of the
Suuiitwest Qu.�rier said poi�ti t>f intersactinn l�cin i? the actaa; poi�ii of' begiuning ni tl�e uact ti� he ciesetibcJ;lJteatCe evnluluitzLNotlhw�Stt;r1Y
atong �t curvc having a radius of i75 icct a d.isnncc af`?? fcci to the k.ast 3ine nf the Wesi l S feet oCsaid Southeast Q�u3ner afthe Soinhwr,t
Qua�lr.r, [trencu South zlon�; sa:� Last !iite af the 1'��est 15 icct <�f xhe Southeast Quarker of ihc Sauilivrest C?uarterto ilie Nnaiii line ofthe Sauth 3Q
tuui of s:iicl Sat�thca�:�t Qunrrer c�f thc S�rwthvacst C,�uancr'; tbeyrc� f'�st al�ng a lina p,u°allc;l wirh Rinc1.3Q Pec1'Narth of dre Sauth linc df'anid
SoutLeast Quartar c+f'ihe �>outl�,vcs7. t���¢�tcG I."r Cr.ct zo 4�c [3atit liNre af nc� N'cai 30 Cewt ax'said SouB�easi Quart�r of Uic 5ouUiwcst C�narter; ttir:tice
?�'ath aiong the East linc of the t4'csi 3() fcet of saici Souihcasi Qua�ter of the S<»ith�vcsi (�lua�terto itic actu��l point nf'bcginning. Bcing pari ol'
L.�i� S, Auditor's SuUdi��ision Na. 59 Anu1;c+ Coung�, iblitu�esoi�
'€'!LAC'� 1[:
"F"liaE ��a�t of flic SouClieast Qn:uier of fhe South�vcst t}iwnur of Scciion 1�,'iownship 30, Itnngc 2�, describr.d a cu�aimu�cine at.the Ss�uthwesi
cornes thereoi; itience Nnrth u?cirig ilie West linc af said Soutiieast QuaRes of tha Seiuthwesi Quarier 3(t fcei; th�nee �st p;vailel w�ith ihe Sauth
line n£ said Sattibezst Quarier oi'tha Scr'uil� wesi Qua3ter 1�7..22 #ce.�t; thrncL i�art9�ca�tcrly pn a la��gcntial ctrr��e. la ihe lefl hav'sag a ruclitxs of 2U
i'cert � disianee bf �1.?2 iecc; th�nc� Ncrrtlr tar��;cnt ta the last dcscribetl cu� ;�e t U0.96 fiueV; tht:nee Ntuth���esteriy qn � tangc:nriai curve ta ti�e i�:fl
havi:�g n radir�.� of 45 lcet a dittance of 31.9'3 Pcct to ihc N�rch line of �he 5out6 t 8(� fiee of'said Souu'�ws� t7uart�r aSthe SUUthwcst Quarter, said
point being t}Ye af be�ltlriing 4f thett'�Ct IO hc detcrilicd; thanec r,<uiiinuing K�urtl�wesicrlp aloa�lierL�st desciibed. curvc u diaumce of I K.7 feet;
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a clisi;ince oi 5;.71 fect io i#s in�eL,c:ction wilh a Ju�c �arailel �viih and 3D icc:t East of ihe Vve,t:uze of:;nid Soutbeasrt Q�uir3erof'ihe Soutliwest
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20t15.
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Coaitaining 24.931 S� 1't., iriore oa lcss ,,/,
�,.____._.�_. _ _
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
CffY OF
FRIDLEY
Date: September 4, 2012
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject:Preliminary Plat Request, PS #12-01, Carlson McCain on behalf of William Fogerty
INTRODUCTION
Brian Krystofiak, of Carlson McCain, who is representing William Fogerty, the owner of the Columbia
Arena property at 7011 University Avenue, is seeking a plat to subdivide the existing large lot into three
separate lots to allow for potential additional development opportunities on this site.
The proposed replat will consist of three lots; Lot #1, Lot #2, and Lot #3, Block 1, addition yet to be
named. As part of the platting process, the petitioner will be dedicating the existing University Avenue
Service Drive and 715Y Avenue to the City for roadway purposes. Even after the roadway dedication,
each parcel will meet the minimum lot size required for the R-3, Multi-Family zoning district.
PLANNING COMMISSION RECOMMENDATION
At the August 15, 2012, Planning Commission meeting, a public hearing was held for PS #12-01. After a
brief discussion, the Planning Commission recommended approval of plat PS#12-01, with the
stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. University Avenue Service Drive and 715t Avenue shall be dedicated as public right-of-way on final
plat.
2. A 5 ft. sidewalk shall be installed along the University Avenue Service Drive and 715Y Avenue to
meet the specifications of the City engineering department at time of site improvements for Lot
#2.
3. An easement to provide perpetual access to the fire training facility has been discussed, and
agreed to, but has not been shown on preliminary plat. An easement description and easement
document must be prepared, approved by the City's Fire Chief and made ready for final
signatures for filing, prior to approval of the final plat.
4. An easement to provide perpetual shared parking between Lot #3 and Locke Park to the south
shall be prepared, approved by the City Parks and Recreation Director and made ready for
signature and filing, prior to final plat approval.
5. An easement for the Anoka County Trail shall be prepared, approved by the City's Park and
Recreation Director and made ready for signature for filing, prior to approval of final plat.
6. Anoka County Trail shall remain until which time Lot #3 is developed. When Lot #3 is developed,
the Anoka County Trail shall be moved to the southern edge of Lot #3, according to Anoka County
standards at the property owner's expense.
7. The relocation of the Anoka County trail and the filing of trail and parking easements, will
eliminate the developer's need to contribute park dedication for this plat.
City of Fridley Land Use Application
SP #12-04 and PS #12-01
GENERAL INFORMATION
Applicant:
Carlson McCain
Brian Krystofiak
248 Apollo Drive, Suite 100
Lino Lakes MN 55014
Requested Action:
Special Use Permit for Senior Living project
Plat to create 3 lots
Existing Zoning:
R-3 (Multi-Fami
Location:
7011 University Avenue
Size:
615,502 sq. ft. 14.13 acres
Existing Land Use:
Vacant Columbia Arena
Surrounding Land Use & Zoning:
N: Industrial Bldg. (MN Rail) & M-2
E: City's Fire Training Facility & Public Works
Garage & P
S: City Park & P
W: University Avenue & ROW
Comprehensive Plan Conformance:
Future Land Use map designates the property as
Redevelopment. Proposed use is consistent with
plan
Zoning Ordinance Conformance:
Section 205.09.1.C.(7) requires a special use permit
for nursing homes and homes for the elderly.
Each lot will meet or exceed the City's R-3 zoning
requirements.
Legal Description of Property:
The Southeast Quarter of the Southwest Quarter
EXCEPT the East 600 feet thereof, EXCEPT the South
400 feet thereof AND Except the North SO feet lying
west of the East 150 feet thereof, Section 11,
Township 30 North, Range 24 West.
Zoning History:
■ Lot has not been platted.
■ 1968 — Arena constructed.
■ 1974 — Variance approved to reduce the rear
yard setback to 13 ft. to allow an addition.
■ 1975 — Addition to the building.
■ Several interior modifications have been made
to the building over the years.
August 15, 2012
SPECIAL INFORMATION
■ 2009 — Preliminary plat approved, special use
permits approved and a rezoning approved to
R-3 to allow for the redevelopment of the
property — project didn't get constructed.
■ 2010 — Special use permit and variance
approved to allow a senior living project within
the existing Columbia Arena — project didn't
occu r.
Public Utilities:
The building is connected.
Transportation:
The University Avenue Service Road and 715t
Avenue provide access to the property.
Physical Characteristics:
Lot consists of the arena buildings, parking area and
minimal landscaped areas.
SUMMARY OF PROJECT
Mr. Krystofiak, of Carlson McCain, who is
representing the owner of Columbia Arena, is
requesting a special use permit to allow the existing
Columbia Arena building at 7011 University Avenue
to be converted into an independent senior living
facility.
The petitioner is also seeking a plat to subdivide the
existing large lot into three lots, to allow for
potential additional development opportunities on
this site.
SUMMARY OF ANALYSIS
City Staff recommends approval of special use
permit, with stipulations.
Nursing Homes, Independent Living and Assisted
Living Facilities are a permitted special use in the R-
3, Multi-Family zoning district.
Existing Building
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — September 10, 2012
60 Day — September 10, 2012
Staff Report Prepared by: Stacy Stromberg
Land Use Application
Special Use Permit #12-04 and Plat #12-01
REQU EST
Brian Krystofiak, of Carlson McCain, who is representing William Fogerty, the owner of the
Columbia Arena property at 7011 University Avenue, is requesting a special use permit to
convert the existing building into an independent living senior living facility with ala carte
services.
The petitioner is also seeking a plat to subdivide the existing large lot into three separate lots to
allow for potential additional development opportunities on this site.
SITE DESCRIPTION/HISTORY
The subject property is located on the east side of the University Avenue Service Drive, south of
73rd Avenue. Columbia Arena was originally constructed in 1968. In 1974, a variance was
�ranted to reduce the rear vard setback from 25 ft.
to 13 ft. to allow the construction of an addition to
the building that would allow for an additional
sheet of ice. As a result of the variance approval,
the addition was constructed in 1975. Several
interior modifications have been made to the
building over the years.
Before the arena was constructed in 1968, the
subject property was zoned M-2, Heavy Industrial.
When Anoka County purchased the property and
constructed the ice arena in 1968, the property
converted to a P, Public Facilities zoning. In 2005,
Anoka County sold the property to the Minnesota
Youth Sports Association (MYSA). In 2007, MYSA
made a development deal with Kraus Anderson on
the Columbia Arena property. Krause Anderson in
turn sold the arena to a private investor named
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William Fogerty. Prior to the sale, the MYSA �-1-�� � II �.��„ ��..,, `��,
representative asked the City what they saw as future development potential for the site. Staff
explained that the site is zoned P, Public Facilities and that zoning will remain as long as the land
is publicly owned. Once sold to a private entity, the zoning would revert back to its pre-public
status.
When the property was sold to a private entity, the property reverted to its M-2, Heavy
Industrial zoning.
In 2009, the subject property was granted a rezoning from M-2, Heavy Industrial to R-3, Multi-
Family. A preliminary plat, a special use permit for a senior living facility and a special use
permit for a medical clinic were also approved at the same time. The development didn't end
up coming to fruition, however, the rezoning to R-3, Multi-Family still stands.
In 2010, Carlson Professional Services (same, as the existing petitioner) received City Council
approval for a special use permit to convert the existing buildings into an 84 unit senior living
project, which included independent, assisted and memory care units. At that same time, a
variance was also granted to recognize the rear yard setback of the existing east building from
15 ft. to 12 ft.
PROPOSED PROJECT
The building is proposed to be converted into 116 unit independent senior living building. The
project will convert both the front and back buildings. It is anticipated that there will be approx.
60 units in the front building and 56 units in the back building. Support services, such as medical
assistance, transportation, housekeeping, salon and fitness will be provided to the tenants on an
as-need basis. The exterior of the building will be completely remodeled with the construction
of a third-story addition on the front building and a fourth-story addition on the back building.
The back building will be taken down to the existing foundation to add four stories which will
allow more flexibility for more modern architecture and will provide indoor parking on the 15t
floor and floors 2-4 will be living area.
Site improvements will include the removal of the unused existing parking lots along the north
and south sides of the property (which will become Lots 1 and 3). These lots will then be
covered in black dirt and hydro-seeded. The parking lot and drive aisles for the new
development will be completely redone. A new circular drive with be constructed to the new
main entrance of the building on the southeast. A detached garage will be constructed on the
northeast side of the existing lot that will have 59 parking stalls and then there will be 90 surface
parking stalls. New landscaping will also be installed as well as the installation of several storm
water filtration basins.
ANALY515
Special Use Permit Request, #12-04
City Code allows independent living, assisted living, and nursing homes as a permitted special
use in an R-3, Multi-Family zoning district, provided that code requirements related to building,
site requirements and parking are met.
As stated above, the petitioner is proposing to convert the existing Columbia Arena into a 116
unit senior living project. All 116 units are proposed to be independent living units that will
have ala carte services available if the tenants need or want them.
City Code requires 116 parking stalls for the proposed project based on parking ratios used for
independent living facilities. It also requires
that half of those stalls be covered. The
petitioner is providing 217 total parking stalls,
with 59 enclosed garage stalls, 68 enclosed in
the first floor of the back building and 90
surface parking stalls, therefore; exceeding
parking code requirements.
This proposed project will be 3-stories and the
R-3, Multi-Family zoning regulations require
2,500 square feet per unit when the building is
3-stories in height. Therefore, 290,000 feet is
the required lot size. The pre-plat lot size is
307,783 sq. ft., therefore, meeting the lot area
code requirement.
It should be noted that, currently, the existing
lot lines for the subject property extend
beyond the University Avenue Service Road
and 715T Avenue. Therefore, those roadways
are on the petitioner's property through road
easements. Once the proposed plat is filed,
both the University Avenue Service Drive and 715t Avenue will be dedicated to the City. As a
result of the right-of —way dedication, the petitioner will lose approximately 132,375 sq. ft. (3
acres) of land area. Staff determined that it is appropriate to use the pre-plat lot square footage
for the development on Lot #2 due to the amount of land that will be dedicated for road
purposes; however the future developments on Lots #1 and #3 will need to meet code
requirements based on their new lot sizes.
City code requires that buildings within the R-3, Multi-Family zoning district not exceed 65 ft. in
height, when measured from grade to the mid-span of the roof. The height of the arena is 43 ft.
and the height of the back building with the 4-story addition 53 ft. 4 in., therefore complying with
code requirement.
The proposed project is in-compliance with all setbacks requirements. The R-3, Multi-Family
zoning regulations require 30% lot coverage for main and accessory buildings. Lot coverage will
be met based on the lot size prior to the road dedication.
Plat Request, #�12-01
Carlson McCain is also seeking to replat the property located at 7011 University Avenue to
create three separate lots. The proposed replat will consist of three lots; Lot #1, Lot #2, and Lot
#3, Block 1, addition yet to be named. As stated above, as part of the platting process, the
petitioner will be dedicating the existing University Avenue Service Drive and 715t Avenue to the
City for roadway purposes. Even after the roadway dedication, each parcel will meet the
minimum lot size required for the R-3, Multi-Family zoning district.
i � � "4Fn'_ . _ . . . , . - .
Through the platting process, the petitioner is asking to have the existing 30 ft. ingress/egress
easement on the east side of the property to the fire training facility vacated and rededicated in
a different location. The petitioner has met with the fire department and they have agreed to
the proposed new location for the ingress/egress easement, as it will meet the needs for both
the fire training facility and the petitioner's project.
Lastly, there is an Anoka County trail that runs within the proposed Lot #3. At which time Lot #3
is developed; the petitioner is proposing to move the trail closer to the southern property line
and the existing park. Until then the trail will remain where it is and the petitioner plans to
retain a portion of the existing parking lot to allow parking for park users. Through this platting
process a trail easement will need to be filed at Anoka County as will a perpetual parking
easement for the park. This is something the petitioner is agreeable to and will be used in lieu
of a parking dedication fee.
RECOMMENDATIONS
City Staff recommends approval of the special use permit request and plat request, with
stipulations.
■ Independent Living is a permitted special use in the R-3, Multi-Family zoning district.
■ Plat meets minimum standards for the R-3, Multi-Family zoning district.
SPECIAL USE PERMIT. SP #12-04 — STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan A1.1,
dated 8-15-12.
2. The building elevations shall be constructed in accordance with the architectural plan
A3.1, Building Elevations, dated 8-15-12.
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 obtain a permit from the City and/or State for any work done within
the right-of-way.
6. The petitioner shall comply with all sign code requirements for any existing signs that
remain and installation of new signage on the property.
7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
8. Screening through landscaping shall occur along the eastern property line. Proposed
screening shall be shown on landscape plan and be reviewed and approved by City staff
prior to issuance of a building permit.
9. If the proposed development is modified to be used for units other than independent
living, a new special use permit will be required.
10. 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.
11. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
12. City engineering staff to review and approve site layout, utility, grading and drainage
plan prior to issuance of building permits.
13. The petitioner shall identify storm water management area on site and shall provide
necessary easements.
14. Storm water management maintenance agreement shall be filed with the County and
the City shall receive a copy of the filed document prior to issuance of building permits.
15. 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.
16. A Development Agreement outlining the Developer's obligation to install and loop
utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to
final plat approval.
PLAT, PS #12-01— STIPULATIONS
1. University Avenue Service Drive and 715Y Avenue shall be dedicated as public right-of-way
on final plat.
2. A 5 ft. sidewalk shall be installed along the University Avenue Service Drive and 715f
Avenue to meet the specifications of the City engineering department at time of site
improvements for Lot #2.
3. An easement to provide perpetual access to the fire training facility has been discussed,
and agreed to, but has not been shown on preliminary plat. An easement description
and easement document must be prepared, approved by the City's Fire Chief and made
ready for final signatures for filing, prior to approval of the final plat.
4. An easement to provide perpetual shared parking between Lot #3 and Locke Park to the
south shall be prepared, approved by the City Parks and Recreation Director and made
ready for signature and filing, prior to final plat approval.
5. An easement for the Anoka County Trail shall be prepared, approved by the City's Park
and Recreation Director and made ready for signature for filing, prior to approval of final
plat.
6. Anoka County Trail shall remain until which time Lot #3 is developed. When Lot #3 is
developed, the Anoka County Trail shall be moved to the southern edge of Lot #3,
according to Anoka County standards at the property owner's expense.
7. The relocation of the Anoka County trail and the filing of trail and parking easements,
will eliminate the developer's need to contribute park dedication for this plat.
�
�
CffY OF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
September 4, 2012
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 #12-04, Carlson McCain
INTRODUCTION
Brian Krystofiak, of Carlson McCain, who is representing William Fogerty, the owner of the Columbia
Arena property at 7011 University Avenue, is requesting a special use permit to convert the existing
building into an independent living senior living facility with ala carte services.
The building is proposed to be converted into a 116 unit independent senior living building. The project
will convert both the front and back buildings. It is anticipated that there will be approx. 60 units in the
front building and 56 units in the back building. Support services, such as medical assistance,
transportation, housekeeping, salon and fitness will be provided to the tenants on an as-need basis. The
exterior of the building will be completely remodeled with the construction of a third-story addition on
the front building and a fourth-story addition on the back building. The back building will be taken down
to the existing foundation to add four stories which will allow more flexibility for more modern
architecture and will provide indoor parking on the 15Y floor and additional living space on the other
floors .
PLANNING COMMISSION RECOMMENDATION
At the August 15, 2012, Planning Commission meeting, a public hearing was held for SP #12-04. After a
brief discussion and receiving comments from neighboring industrial property owners, the Planning
Commission made a recommendation to approval special use permit, SP #12-04, with a small
modification to stipulation #9; which will allow assisted units as well as independent units within the
proposed project.
THE MOTION CARRIED ON A 3 TO 1 VOTE.
Commissioner Sielaff voted against the Special Use Permit, because he felt that an additional stipulation
was warranted to require the petitioner to provide either additional noise efficient building materials
with the proposed building or additional landscaping through use of berms to help alleviate any
potential noise problems from the neighboring industrial businesses.
The remaining Commissioner felt that an additional stipulation wasn't warranted because the City can
address potential noise issues through our existing noise ordinance and the industries were there when
the City approved the rezoning of this property in 2009.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission, with a recommendation of approval.
STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan A1.1, dated 8-15-
12.
2. The building elevations shall be constructed in accordance with the architectural plan A3.1,
Building Elevations, dated 8-15-12.
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 obtain a permit from the City and/or State for any work done within the
right-of-way.
6. The petitioner shall comply with all sign code requirements for any existing signs that remain and
installation of new signage on the property.
7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
8. Screening through landscaping shall occur along the eastern property line. Proposed screening
shall be shown on landscape plan and be reviewed and approved by City staff prior to issuance of
a building permit.
9. If the proposed development is modified to be used for units other than senior assisted and
independent living, a new special use permit will be required.
10. 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.
11. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
12. City engineering staff to review and approve site layout, utility, grading and drainage plan prior
to issuance of building permits.
13. The petitioner shall identify storm water management area on site and shall provide necessary
easements.
14. Storm water management maintenance agreement shall be filed with the County and the City
shall receive a copy of the filed document prior to issuance of building permits.
15. 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.
16. A Development Agreement outlining the Developer's obligation to install and loop utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to final plat approval.
City of Fridley Land Use Application
SP #12-04 and PS #12-01
GENERAL INFORMATION
Applicant:
Carlson McCain
Brian Krystofiak
248 Apollo Drive, Suite 100
Lino Lakes MN 55014
Requested Action:
Special Use Permit for Senior Living project
Plat to create 3 lots
Existing Zoning:
R-3 (Multi-Fami
Location:
7011 University Avenue
Size:
615,502 sq. ft. 14.13 acres
Existing Land Use:
Vacant Columbia Arena
Surrounding Land Use & Zoning:
N: Industrial Bldg. (MN Rail) & M-2
E: City's Fire Training Facility & Public Works
Garage & P
S: City Park & P
W: University Avenue & ROW
Comprehensive Plan Conformance:
Future Land Use map designates the property as
Redevelopment. Proposed use is consistent with
plan
Zoning Ordinance Conformance:
Section 205.09.1.C.(7) requires a special use permit
for nursing homes and homes for the elderly.
Each lot will meet or exceed the City's R-3 zoning
requirements.
Legal Description of Property:
The Southeast Quarter of the Southwest Quarter
EXCEPT the East 600 feet thereof, EXCEPT the South
400 feet thereof AND Except the North SO feet lying
west of the East 150 feet thereof, Section 11,
Township 30 North, Range 24 West.
Zoning History:
■ Lot has not been platted.
■ 1968 — Arena constructed.
■ 1974 — Variance approved to reduce the rear
yard setback to 13 ft. to allow an addition.
■ 1975 — Addition to the building.
■ Several interior modifications have been made
to the building over the years.
August 15, 2012
SPECIAL INFORMATION
■ 2009 — Preliminary plat approved, special use
permits approved and a rezoning approved to
R-3 to allow for the redevelopment of the
property — project didn't get constructed.
■ 2010 — Special use permit and variance
approved to allow a senior living project within
the existing Columbia Arena — project didn't
occu r.
Public Utilities:
The building is connected.
Transportation:
The University Avenue Service Road and 715t
Avenue provide access to the property.
Physical Characteristics:
Lot consists of the arena buildings, parking area and
minimal landscaped areas.
SUMMARY OF PROJECT
Mr. Krystofiak, of Carlson McCain, who is
representing the owner of Columbia Arena, is
requesting a special use permit to allow the existing
Columbia Arena building at 7011 University Avenue
to be converted into an independent senior living
facility.
The petitioner is also seeking a plat to subdivide the
existing large lot into three lots, to allow for
potential additional development opportunities on
this site.
SUMMARY OF ANALYSIS
City Staff recommends approval of special use
permit, with stipulations.
Nursing Homes, Independent Living and Assisted
Living Facilities are a permitted special use in the R-
3, Multi-Family zoning district.
Existing Building
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — September 10, 2012
60 Day — September 10, 2012
Staff Report Prepared by: Stacy Stromberg
Land Use Application
Special Use Permit #12-04 and Plat #12-01
REQU EST
Brian Krystofiak, of Carlson McCain, who is representing William Fogerty, the owner of the
Columbia Arena property at 7011 University Avenue, is requesting a special use permit to
convert the existing building into an independent living senior living facility with ala carte
services.
The petitioner is also seeking a plat to subdivide the existing large lot into three separate lots to
allow for potential additional development opportunities on this site.
SITE DESCRIPTION/HISTORY
The subject property is located on the east side of the University Avenue Service Drive, south of
73rd Avenue. Columbia Arena was originally constructed in 1968. In 1974, a variance was
�ranted to reduce the rear vard setback from 25 ft.
to 13 ft. to allow the construction of an addition to
the building that would allow for an additional
sheet of ice. As a result of the variance approval,
the addition was constructed in 1975. Several
interior modifications have been made to the
building over the years.
Before the arena was constructed in 1968, the
subject property was zoned M-2, Heavy Industrial.
When Anoka County purchased the property and
constructed the ice arena in 1968, the property
converted to a P, Public Facilities zoning. In 2005,
Anoka County sold the property to the Minnesota
Youth Sports Association (MYSA). In 2007, MYSA
made a development deal with Kraus Anderson on
the Columbia Arena property. Krause Anderson in
turn sold the arena to a private investor named
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William Fogerty. Prior to the sale, the MYSA �-1-�� � II �.��„ ��..,, `��,
representative asked the City what they saw as future development potential for the site. Staff
explained that the site is zoned P, Public Facilities and that zoning will remain as long as the land
is publicly owned. Once sold to a private entity, the zoning would revert back to its pre-public
status.
When the property was sold to a private entity, the property reverted to its M-2, Heavy
Industrial zoning.
In 2009, the subject property was granted a rezoning from M-2, Heavy Industrial to R-3, Multi-
Family. A preliminary plat, a special use permit for a senior living facility and a special use
permit for a medical clinic were also approved at the same time. The development didn't end
up coming to fruition, however, the rezoning to R-3, Multi-Family still stands.
In 2010, Carlson Professional Services (same, as the existing petitioner) received City Council
approval for a special use permit to convert the existing buildings into an 84 unit senior living
project, which included independent, assisted and memory care units. At that same time, a
variance was also granted to recognize the rear yard setback of the existing east building from
15 ft. to 12 ft.
PROPOSED PROJECT
The building is proposed to be converted into 116 unit independent senior living building. The
project will convert both the front and back buildings. It is anticipated that there will be approx.
60 units in the front building and 56 units in the back building. Support services, such as medical
assistance, transportation, housekeeping, salon and fitness will be provided to the tenants on an
as-need basis. The exterior of the building will be completely remodeled with the construction
of a third-story addition on the front building and a fourth-story addition on the back building.
The back building will be taken down to the existing foundation to add four stories which will
allow more flexibility for more modern architecture and will provide indoor parking on the 15t
floor and floors 2-4 will be living area.
Site improvements will include the removal of the unused existing parking lots along the north
and south sides of the property (which will become Lots 1 and 3). These lots will then be
covered in black dirt and hydro-seeded. The parking lot and drive aisles for the new
development will be completely redone. A new circular drive with be constructed to the new
main entrance of the building on the southeast. A detached garage will be constructed on the
northeast side of the existing lot that will have 59 parking stalls and then there will be 90 surface
parking stalls. New landscaping will also be installed as well as the installation of several storm
water filtration basins.
ANALY515
Special Use Permit Request, #12-04
City Code allows independent living, assisted living, and nursing homes as a permitted special
use in an R-3, Multi-Family zoning district, provided that code requirements related to building,
site requirements and parking are met.
As stated above, the petitioner is proposing to convert the existing Columbia Arena into a 116
unit senior living project. All 116 units are proposed to be independent living units that will
have ala carte services available if the tenants need or want them.
City Code requires 116 parking stalls for the proposed project based on parking ratios used for
independent living facilities. It also requires
that half of those stalls be covered. The
petitioner is providing 217 total parking stalls,
with 59 enclosed garage stalls, 68 enclosed in
the first floor of the back building and 90
surface parking stalls, therefore; exceeding
parking code requirements.
This proposed project will be 3-stories and the
R-3, Multi-Family zoning regulations require
2,500 square feet per unit when the building is
3-stories in height. Therefore, 290,000 feet is
the required lot size. The pre-plat lot size is
307,783 sq. ft., therefore, meeting the lot area
code requirement.
It should be noted that, currently, the existing
lot lines for the subject property extend
beyond the University Avenue Service Road
and 715T Avenue. Therefore, those roadways
are on the petitioner's property through road
easements. Once the proposed plat is filed,
both the University Avenue Service Drive and 715t Avenue will be dedicated to the City. As a
result of the right-of —way dedication, the petitioner will lose approximately 132,375 sq. ft. (3
acres) of land area. Staff determined that it is appropriate to use the pre-plat lot square footage
for the development on Lot #2 due to the amount of land that will be dedicated for road
purposes; however the future developments on Lots #1 and #3 will need to meet code
requirements based on their new lot sizes.
City code requires that buildings within the R-3, Multi-Family zoning district not exceed 65 ft. in
height, when measured from grade to the mid-span of the roof. The height of the arena is 43 ft.
and the height of the back building with the 4-story addition 53 ft. 4 in., therefore complying with
code requirement.
The proposed project is in-compliance with all setbacks requirements. The R-3, Multi-Family
zoning regulations require 30% lot coverage for main and accessory buildings. Lot coverage will
be met based on the lot size prior to the road dedication.
Plat Request, #�12-01
Carlson McCain is also seeking to replat the property located at 7011 University Avenue to
create three separate lots. The proposed replat will consist of three lots; Lot #1, Lot #2, and Lot
#3, Block 1, addition yet to be named. As stated above, as part of the platting process, the
petitioner will be dedicating the existing University Avenue Service Drive and 715t Avenue to the
City for roadway purposes. Even after the roadway dedication, each parcel will meet the
minimum lot size required for the R-3, Multi-Family zoning district.
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Through the platting process, the petitioner is asking to have the existing 30 ft. ingress/egress
easement on the east side of the property to the fire training facility vacated and rededicated in
a different location. The petitioner has met with the fire department and they have agreed to
the proposed new location for the ingress/egress easement, as it will meet the needs for both
the fire training facility and the petitioner's project.
Lastly, there is an Anoka County trail that runs within the proposed Lot #3. At which time Lot #3
is developed; the petitioner is proposing to move the trail closer to the southern property line
and the existing park. Until then the trail will remain where it is and the petitioner plans to
retain a portion of the existing parking lot to allow parking for park users. Through this platting
process a trail easement will need to be filed at Anoka County as will a perpetual parking
easement for the park. This is something the petitioner is agreeable to and will be used in lieu
of a parking dedication fee.
RECOMMENDATIONS
City Staff recommends approval of the special use permit request and plat request, with
stipulations.
■ Independent Living is a permitted special use in the R-3, Multi-Family zoning district.
■ Plat meets minimum standards for the R-3, Multi-Family zoning district.
SPECIAL USE PERMIT. SP #12-04 — STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan A1.1,
dated 8-15-12.
2. The building elevations shall be constructed in accordance with the architectural plan
A3.1, Building Elevations, dated 8-15-12.
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 obtain a permit from the City and/or State for any work done within
the right-of-way.
6. The petitioner shall comply with all sign code requirements for any existing signs that
remain and installation of new signage on the property.
7. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
8. Screening through landscaping shall occur along the eastern property line. Proposed
screening shall be shown on landscape plan and be reviewed and approved by City staff
prior to issuance of a building permit.
9. If the proposed development is modified to be used for units other than independent
living, a new special use permit will be required.
10. 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.
11. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
12. City engineering staff to review and approve site layout, utility, grading and drainage
plan prior to issuance of building permits.
13. The petitioner shall identify storm water management area on site and shall provide
necessary easements.
14. Storm water management maintenance agreement shall be filed with the County and
the City shall receive a copy of the filed document prior to issuance of building permits.
15. 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.
16. A Development Agreement outlining the Developer's obligation to install and loop
utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to
final plat approval.
PLAT, PS #12-01— STIPULATIONS
1. University Avenue Service Drive and 715Y Avenue shall be dedicated as public right-of-way
on final plat.
2. A 5 ft. sidewalk shall be installed along the University Avenue Service Drive and 715f
Avenue to meet the specifications of the City engineering department at time of site
improvements for Lot #2.
3. An easement to provide perpetual access to the fire training facility has been discussed,
and agreed to, but has not been shown on preliminary plat. An easement description
and easement document must be prepared, approved by the City's Fire Chief and made
ready for final signatures for filing, prior to approval of the final plat.
4. An easement to provide perpetual shared parking between Lot #3 and Locke Park to the
south shall be prepared, approved by the City Parks and Recreation Director and made
ready for signature and filing, prior to final plat approval.
5. An easement for the Anoka County Trail shall be prepared, approved by the City's Park
and Recreation Director and made ready for signature for filing, prior to approval of final
plat.
6. Anoka County Trail shall remain until which time Lot #3 is developed. When Lot #3 is
developed, the Anoka County Trail shall be moved to the southern edge of Lot #3,
according to Anoka County standards at the property owner's expense.
7. The relocation of the Anoka County trail and the filing of trail and parking easements,
will eliminate the developer's need to contribute park dedication for this plat.
RESOLUTION NO. 2012 -
A RESOLUTION REVOKiNG SPECIAL USE PERMITS SP #09-03, SPECiAL USE
PERMIT SP #09-04 AND SPECIAL USE PERMIT SP #10-11 AND
APPROViNG SPECIAL USE PERMIT SP# 12-04
FOR CARLSON MCCAIN ON BEHALF OF WILLIAM FOGERTY, FOR THE
PROPERTY LOCATED AT 7011 UNIVERSITY AVENUE NE
WHEREAS, Section 205.09.1.C.(7) of Fridley City Code allows independent living, assisted living,
nursing homes and homes for the elderly in an R-3, General Multiple Units zoning district by a
special use permit; and
WHEREAS, on May 18, 2009, the City Council approved SP #09-03, to allow a 50,000 sq. ft.
medical building and approved SP #09-04, to allow a senior living facility on the subject property;
and
WHEREAS, on December 6, 2010, the City Council approved SP #10-11 for a different project to
convert the existing Columbia Arena building into a senior living facility; and
WHEREAS, as part of approval of SP #12-04, the Ciry Council will revoke SP #09-03, SP #09-04,
and SP #10-11 since these previously approved projects were never constructed; and
WHEREAS, on August 15, 2012, the Fridley Planning Commission held a public hearing to
consider a request by Carlson McCain, on behalf of the property owner William Fogerty, generally
located at 7011 University Avenue NE in Fridley, legal description attached in E�ibit B, for a
Special Use Permit SP# 12-04 to allow an independent living facility with services; and
WHEREAS, on September 10, 2012, the Fridley City Council approved the stipulations represented
in E�ibit A to this resolution as the conditions on Special Use Permit SP# 12-04; and
WHEREAS, the petitioner, was presented with Exhibit A, the stipulations, at the September 10,
2012 Ciry Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special
Use Permit SP #09-03, Special Use Permit, SP #09-04, and Special Use Permit, SP #10-11 shall be
revoked by the Ciry Council of the City of Fridley; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP# 12-04 and stipulations represented in Exhibit A are hereby adopted by the
City Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS lOt"
DAY OF SEPTEMBER, 2012.
SCOTT J. LLTND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 12-04 Special Use Permit for an Independent Living Facility with Services
Carlson McCain on behalf of William Fogerty, generally located at 7011 University Avenue
NE, Fridley, MN
Stipulations
1. The property shall be developed in accordance with the architectural site plan A1.1, dated
8-15-12.
2. The building elevations shall be constructed in accordance with the architectut-al plan
A3.1, Building Elevations, dated 8-15-12.
3. The petitioner shall obtain all necessaty permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitionet- shall obtain a permit ft-om the City and/or State fot- any work done within
the right-of-way.
6. The petitioner shall comply with all sign code requirements for any existing signs that
remain and installation of new signage on the property.
7. Landscape plan to be t-eviewed and appt-oved by City Staff pt-ior to issuance of building
permit.
8. Sct-eening through landscaping shall occur along the eastet-n pt-opet-ty line. Pt-oposed
screening shall be shown on landscape plan and be reviewed and approved by City staff
pt-iot- to issuance of a building pet-mit.
9. If the proposed development is modified to be used for units other than senior assisted
and independent living, a new special use pet-mit will be required.
10. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and
void one yeat- aftet- the City Counci I approval date if work has not commenced or if the
petitioner has not petitioned the City Council for an extension.
1 1. The petitioner shall t-eceive Rice Creek Watershed Distt-ict approvals pt-ior to issuance of
a building permit.
12. City engineering staff to t-eview and approve site layout, utility, grading and drainage
plan prior to issuance of building permits.
l 3. The petitionet- shal I identify storm watet- management area on site and shal I provide
necessary easements.
14. Stot-m water management maintenance agt-eement shall be filed with the County and the
Ciry shall receive a copy of the filed document prior to issuance of building permits.
15. Ptopet-ty ownet of recotd at time of building permit application, to pay all watet and
sewer connection fees prior to issuance of a building permit.
16. A Development Agteement outlining the Developer's obligation to install and loop
utilities, etc., will be prepared by the Ciry and shall be signed by the Petitioner prior to
final plat apptoval.
EXHIBIT B
SP#12-04 Special Use Permit for an Independent Living Facility with Services
Carlson McCain on behalf of William Fogerty, generally located at 7011 University Avenue
NE, Fridley, MN
The Southeast Quarter of the Southwest Quarter EXCEPT the East 600 feet thereof, EXCEPT
the South 400 feet thereof AND Except the North 50 feet lying west of the East 150 feet thereof,
Section 11, Township 30 Not-th, Range 24 West.
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CffY OF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
September 4, 2012
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Vacation Request, SAV #12-01, Anoka County Community Action
Program (ACCAP)
ANALYSIS
Jeff Johnson of Johnson Housing Services, LLC, who is
representing the Anoka County Community Action
Program (ACCAP) is requesting to have the un-
improved and un-used alley in-between Main Street
and 2"d Street, that is bordered by 60th Avenue and 615t
Avenue vacated to allow for the construction of a 13
unit multi-family housing development.
When the 12 ft. alley is vacated, the abutting property
owners will acquire 6 ft. of additional land along their
rear lot lines. Though ACCAP could construct the
proposed housing project without the additional 6 ft., it
seemed appropriate to consider the alley vacation at
this time, since it will give the project additional land
area and no one within the block uses the alley to gain
access to and from their property. It appears that in
some cases, people are already using the alley for their
own purposes with placement of fences and sheds
within the alley. City staff asked the petitioner to
contact all of the property owners along the alley to
obtain signatures for approval of the vacation. At this
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point, they have received signatures from 7 of the 15
property owners. City staff has spoken with the �
property owner at 6007 Main Street and they have ����
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confirmed that they would approve of the alley
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vacation, however, a signature hasn't been received as of yet. To date, there haven't been any negative
responses from any property owners to the vacation
request. Knowing this, staff felt comfortable bringing the request forward to the Planning Commission
and City Council.
PLANIVING COMMISSION RECOMMENDATION
The Planning Commission reviewed the proposed vacation request at their August 15, 2012 Planning
Commission meeting. After a brief discussion, the Commission recommended approval.
THE MOTION CARRIED UNAMIOUSLY.
STAFF RECOMMENDATION
City Staff recommends approval of the attached resolution exhibit for SAV #12-01
STIPULATIONS
1. The petitioner shall dedicate the 12 ft. vacated alley for utility purposes through an easement.
Easement document to be filed by the petitioner at Anoka County and the City shall receive a
copy of the filed document prior to issuance of a building permit.
City of Fridley Land Use Application
TOD #12-01 and SAV #12-01
GENERAL INFORMATION
Applicant:
Anoka County Community Action Program
(ACCAP)
Jeff Johnson
1201 89t" Avenue NE #345
Blaine MN 55434
Requested Action:
TOD Master Plan
Alley Vacation
Location:
6000 and 6008 2nd Street
Existing Zoning:
S-1, Hyde Park Neighborhood & TOD
Overlay
Size:
16,257 sq. ft. 0.37 acres
Existing Land Use:
4-Unit Apartment Building
Surrounding Land Use & Zoning:
N: Single Residential Unit & S-1
E: Single Residential Unit and a Duplex & 5-
1
S: 4-unit Building & S-1
W: Single Residential Unit and a 4-unit
Building & S-1
Comprehensive Plan Conformance:
Future Land Use Map designates this area
as Redevelopment.
Zoning History:
1886 — Lot is platted.
1961— 4-Plex constructed.
Several interior modifications have been
made to the building over the years.
Legal Description of Property:
Lots 13-15, Block 8, Hyde Park
Public Utilities:
Current building is connected; utilities are
available in the street.
Transportation:
The proposed project will receive access off
60t" Avenue.
Physical Characteristics:
Flat lot, with 4-plex building, parking lot and
landscaping.
August 15, 2012
SPECIAL INFORMATION
SUMMARY OF REQUEST
The petitioner, Jeff Johnson, of Johnson Housing
Services, LLC, who is representing ACCAP is seeking
a TOD Master Plan Amendment to allow the
construction of a 13-unit apartment building on the
properties located at 6000 and 6008 2nd Street. The
petitioner is also seeking to vacate the un-improved
and un-used alley in-between Main Street and 2nd
Street and bordered by 60t" Avenue and 615t
Avenue. Vacating this alley will provide the
petitioner with additional land area for the
proposed development.
SUMMARY OF ANALYSIS
City Staff recommends approval of the TOD Master
Plan Amendment, with stipulations.
City Staff recommends approval of the Vacation
request, with stipulations.
Aerial of Subject Properties & Alley
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — September 10, 2012
60 Day — September 10, 2012
Staff Report Prepared by: Stacy Stromberg
Land Use Application
TOD Master Plan #12-01 and Vacation #12-01
THE REQUEST
Jeff Johnson of Johnson Housing Services, LLC, who is
representing the Anoka County Community Action
Program (ACCAP) is requesting a Transit Orientated
(TOD) Master Plan Amendment for the properties at
6000 and 6008 2"d Street to allow for the construction of
a 13 unit multi-family housing development.
The petitioner is also requesting to have the un-improved
and un-used alley in-between Main Street and 2nd Street,
that is bordered by 60`" Avenue and 615Y Avenue vacated
to allow additional land area for the proposed
development.
H I STO RY
The subject property is zoned S-1, Hyde Park
Neighborhood and is located on the corner of 60tn
Avenue and 2nd Street. The lot was platted in 1886 and
the existing 4-plex was constructed in 1961. ACCAP has
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owned the property since 1994 and the vacant parcel at �%�%�////�////�////% ����"�""� "�'s°°"'� �� -
6000 2nd Street is owned by the Housing and Redevelopment Authority (HRA). The parcel at
6000 2"d Street is not buildable on its own, but through combination with the ACCAP property,
the proposed project could add, according to the petitioner, approximately $2 Million in new
value to the neighborhood. In May of this year, the HRA was able to review the proposed
project and finds that the new multi-family residential units, promotes the Authority's mission.
As a result, they agreed to sell the land to ACCAP through a resolution. Closing on the property
is dependent upon the City's Council approval of the land use actions discussed in this report.
PROPOSED PROJECT DESCRIPTION
The petitioner,
Jeff Johsnon, on
behalf of ACCAP,
is proposing to
redevelop the
properties at 6000
and 6008 2nd
Street to allow the
construction of a
3-story, 13 unit
multi-family
apartment building. The proposal includes 12 rental units, where the target market will be
100% affordable with rents at less than 50% of the area median income adjusted for family size.
According to the petitioner, it is expected that most of the residents will come from Anoka
County, primarily the Fridley area. The siding on the new building will consist of brick, cement,
board siding and cement stucco board or EFFIS, in a varied horizontal and vertical variation.
Landscaping will consist of a series of rain gardens planted with birch trees and other native
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Minnesota plants suitable for rain gardens. There will be other tree and shrub plantings
throughout the site. A 5 ft. sidewalk will be installed along both 2nd Street and 60`" Avenue, and
an a roximate 1 000 s ft. I
play area will also be ��������� "°°� ��� `��� ����' ���� ���� �""
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constructed for the children � �
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The building will have an ��-� �� ,��r;�,� �� ��°°°��� � �.�`��
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office, inside storage and .
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community room. The � '''
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units, six 2-bedroom units, ; �.���;� � ��,;� ;
three 1- bedroom units, plus ��
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a resident manager unit. A �� `��•.
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concrete block trash
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enclosure with a gate will be ' ���� � °�
constructed on southwest �� � ���" � _ �
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side of the site and a "£ `�°w ` a ry;,' ;�
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recycling room will exist � � m� :-
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inside the building. Fourteen
parking stalls will be provided, with ten of the fourteen covered by a concrete and steel parking
port. ACCAP uses resident parking permits to maximize the utilization of the parking spots.
TOD MASTER PLAN AND SITE PLAN ANALY515
The Planning ----.��,. -r,�,,
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Council will recall that in ' l� C G��r ����� ����� 1
2011, the Transit � � � '��, �' � � ���
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Oriented Development i � ;� � °' �,�.�;� �'"
(TOD) Overlay District � ' ��
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was approved. The S-1,
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Hyde Park ,�
Neighborhood, which is /1 j� 9���.e�. � i��,�
what the property is / �� ,k�°` �'��
zoned, is within the TOD ���`+%� °�
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Overlay District. See ;% ,�' �� �
map to the right, for the �� ���"� "�""` �.�'�
TOD district boundaries. !:� ` ,� ��`
The purpose for the
adoption of the TOD
Overlay is to:
A. Implement code requirements that will encourage dense, mixed use, pedestrian-friendly
development within a one-half mile of the Northstar Commuter Rail Station in Fridley.
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow
for safe access to the station no matter what means of transportation someone uses.
C. Create a neighborhood identity with the Northstar Station that promotes the use of mass
transit, human interactions, safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the
train station.
E. Provide life cycle housing for people of different income levels and housing space needs
within one half mile of the train station.
The proposed development is the City's first TOD Overlay Master Plan request that aims to
achieve the desires the City set forth when creating this district. As a result, the project needs
to comply with the TOD standards that were designed to enhance the pedestrian scale and
safety of any particular development. The TOD Overlay allows for flexibility when designing a
redevelopment project that encourages dense, mixed use, pedestrian-friendly developments. It
was also created to minimize the use of the automobile by allowing reduction in parking
requirements, if certain conditions can be met and sidewalks are constructed.
The petitioner is proposing to remove the existing 50 year old 4-plex building and construct a
new 13 unit multi-family apartment building. The TOD Overlay district doesn't have a specific
lot area requirement; however, increasing the amount of units on this parcel will accomplish the
flexibility the City was hoping to achieve with the TOD Overlay regulations. This is also
acceptable if all other code requirements, such as parking, landscaping, sidewalk installation,
and storm water treatment requirements are satisfied. The petitioner is very interested in
designing the project to TOD standards as the criteria will enhance the development, through
use of high quality building materials and design, as well as enhance the site through installation
of sidewalks which will provide better access to public transportation such as the Northstar
Commuter Rail and the Metro Transit bus system. Below is table showing the new TOD
development regulations and how the petitioner plans to comply with them.
perfcrrmance �� '�� TOD Re�ulafiions � ���� ,4CCAP Propc�sal
�tant�ard
Lot Coverage 40% - can be exceeded where 41%, City staff has determined that
vehicle parking is shared, this 1% overage is acceptable
underground, or structured, because we encouraged the
provided all landscaping petitioner to provide covered parking
requirements are met. stalls.
Front Yard Setback Maximum 15 ft. 8 ft. 6 in.
(2"d Street)
Corner Lot Setback Maximum 15 ft. 9 ft. 1 in., 7 ft. for entrance/exit
(60th Avenue)
Side Yard Setback As close as 15 ft. but can be 28 ft. 9 in.
further
Rear Yard Setback As close as 15 ft. but can be Main Building is 64 ft. and Car port is
further 5 ft. 2 in., which is allowed because
detached accessory buildings can be
as close as 3 ft. to the property line.
Height (S-1 zoning) 30 ft. 30 ft.
�/ ;/ /� i; '� �;.
Entrance Primary public street, identified Achieved
Orientation from the street with delineated
elements, such as roof
overhangs, recessed entries,
landscaping.
Fa�ade Articulation Building 40 ft. in width or more Achieved
shall be divided into smaller
increments.
Building Face No blank walls facing the street, Achieved
variations in detailing, color and
materials shall exist on the
building.
Door & Window n/a n/a
Openings
Loading dock n/a n/a
Building Materials High quality materials, such as Achieved
brick, stone, textured cast stone,
EFIS, or tinted masonry.
Refuse & Recycling Common storage area, screened Achieved
Storage from the public right-of-way,
enclosed inside the building is
encouraged
Parking (S-1 zoning) One stall for every dwelling unit. 13 units required —14 stalls provided,
10 of which are covered.
Parking (TOD) No parking between the front Achieved
fa�ade and the primary street.
Parking in the rear or side yard
only.
Bicycle Parking One space required for every 20 Project only has 14 stalls, however a
automobile spaces. bike rack is still encouraged.
Drive Through n/a n/a
Services
Landscaping (R-3 Requires that the development Based on site perimeter, 10 trees
zoning) follow the landscape would be required. Though a
requirements for the zoning landscape plan hasn't been
district that most closely submitted, there are trees shown on
represents the use proposed. the architectural site plan. That plan
shows 11 trees. It's unclear as to
what type of trees they are as a
result, a landscape plan will be
required to be approved prior to
issuance of a building permit for the
building.
Water Drip irrigation is encouraged; Will be stipulated.
regular irrigation is required for
all other green areas.
�/ ;/ /� i; '� �;.
Sidewalks Minimum 5 ft. width shall be 5 ft. sidewalk achieved. The site plan
provided on all street frontages. shows the concrete sidewalk
Colorized pavement pattern continuing across the driveway which
connecting the sidewalk on each satisfies the requirement.
side of the driveway shall be
incorporated into driveways,
warning drivers of the sidewalk
connection on each side of the
driveway.
Connections shall also be
accessible.
Lighting Lighting plan and fixture Stipulation for adequate downcast
specification schedule shall be lighting either on the building or free-
provided. standing to help light the sidewalk to
be reviewed and approved by staff
prior to installation.
Fencing Decorative fencing shall be the The City doesn't have specifications
same color, type, and style used on the fence style yet, however, the
in adjacent TOD streetscape or of type of privacy fence the petitioner is
similar design approved by the proposing along the west and north
City. property lines will need to be
reviewed and approved by City staff
prior to installation through a
stipulation.
Outdoor Dining n/a n/a
Farmers Market n/a n/a
Free-standing Sign Only regulates electronic n/a
(TOD) changeable signs and walls signs.
Free-standing Sign Requires 10 ft. from any property Since the TOD district allows reduced
(Sign Code) line and only 30 inches high when building setbacks, it's unrealistic to
within the vision safety zone. require a sign to be 10 ft. from a
property line when the building is less
than that. Through the TOD Master
Plan process we can recognize a
closer set-back, the petitioner is
proposing 2 ft., as long as it doesn't
impact vision safety.
The petitioner has designed a good project that will achieve what the City was hoping for with a
TOD development. It provides a new, modern building, which brings new investment into the
Hyde Park Neighborhood, with sidewalks that gives a more urban feel. Staff is pleased to see an
on-site play area included in the design as this housing will be serving families with children.
The design standards that staff doesn't have answers on yet will be covered with stipulations
placed on the TOD Master Plan. The petitioner has been made aware of them and intends to
comply.
ALLEY VACATION ANALYSIS
The petitioner is also seeking to vacate the existing un-improved and un-used alley in-between
Main Street and 2"d Street, which is bordered by 60t" Avenue and 615t Avenue. When the 12 ft.
alley is vacated, the abutting property owners will acquire 6 ft. of additional land along their rear
lot lines. Though ACCAP could construct the
r������f �/� ,r r»unn m rv�v�u�w,�i+s�r i�imri irri�vnip� Y�y'� 7
ro osed housin ro ect without the '��'�' ��°"�l '�� � �'�'��"' ��`°`�
p p g p 1 pr' ���;�r� fl ";,��;
ri `
additional 6 ft., it seemed appropriate to �;�f%� ���� g��,��i, '��- '` �
�19f ��� �, � f
consider the alley vacation at this time since it ����% w�^ � `
, �,,; •�:in�w�,w,; �� � �� � ,'.�
will give the project additional land area and
no one within the block uses the alley to gain
access to and from their property. It appears
that in some cases, people are already using
the alley for their own purposes with
placement of fences and sheds within the
alley. City staff asked the petitioner to contact
all of the property owners along the alley to
obtain signatures for approval of the vacation.
At this point, they have received signatures
from 7 of the 15 property owners. City staff
has spoken with the property owner at 6007
Main Street and they have confirmed that they
would approve of the alley vacation, however,
a signature hasn't been received as of yet. To
date, there haven't been any negative
responses from any property owners to the
vacation request, knowing this, staff felt
comfortable bringing the request forward to
the Planning Commission and City Council.
It should be noted that there are several un-improved alleys throughout the City that are not
being used for access to a garage. City staff has asked the Commission and Council through the
Council/Commission Survey if there would be interest in staff initiating a city-wide vacation of
these alleys and have received direction that we should handle them on a case by case basis,
which is what we are doing with this request.
NEIGHBORHOOD MEETING
ACCAP held a neighborhood meeting on April 4, 2012, to present the proposed project to
neighbors. Seven people representing five households plus Mayor Lund attended the meeting.
According to the petitioner:
One resident said he was not opposed to our proposal, possibly the property owner at
6004 2 % St NE.
Two resident's at 5936 2°d Street and 6036 2% Street primary objection was rental
housing and any expansion of rental housing or a rental building and past promises they
thought the City made to them. Mayor Lund spent a good deal of time talking to them.
The neighbors across 2°d Street, at 6009 2°d Street were opposed to the size of the
structure plus pretty much everything else. They along with friends at 6024 2'z Street
made a few constructive comments. They would prefer a building that spanned the
property north and south such that there was no access onto 2nd Street. The only access
would be off 60th Avenue. And they don't want the trash enclosure across the street
from them. They want it in the back of our property or on 60t" Avenue.
In summary, it was a constructive meeting with the neighbors making the suggestion of
reoriented the building, reducing the access road to one entry/exit and moving the trash
enclosure. ACCAP made all these changes on a revised site plan, and we have a better
project as a result.
STAFF RECOMMEDATION
City Staff recommends approval of the TOD Master Plan Amendment, with stipulations.
• Meets the criteria set forth in the TOD Overlay District.
• Proposed use meets the goals highlighted in the 2030 Comprehensive Plan.
• Provides additional affordable housing.
City Staff recommends approval of the Vacation request, with stipulations.
Un-improved alley that is not used for access is of no benefit to the City and can be
better used by the neighboring property owners.
TOD MASTER PLAN. TOD #12-01 STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan by bvt
Architect dated July 31, 2012.
2. The property shall be developed in accordance with the architectural elevations by bvt
Architect, dated July 27, 2012.
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 meets vision safety
regulations and shall obtain a separate sign permit prior to installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
7. The petitioner shall receive Mississippi Watershed Management Organization approvals
prior to issuance of a building permit.
8. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building permits.
9. Property owner at time of building permit application, to pay all water and sewer
connection fees prior to issuance of a building permit.
10. The petitioner shall combine the parcels at 6000 2"d Street and 6008 2nd Street for tax
purposes and to allow the proposed development to occur over both lots.
11. Irrigation shall be installed in all landscaped areas and a plan shall be submitted prior to
issuance of a building permit.
12. All lighting in the development shall be shielded and downcast. Lighting shall be
provided either on the exterior of the building or through free-standing lighting to
adequately illuminate the sidewalk.
13. Privacy fence proposed along the west and northern property lines shall be reviewed and
approved by City staff prior to issuance of the building permit.
14. Car port elevation and dumpster enclosure elevation shall be reviewed and approved by
City staff prior to issuance of a building permit.
VACATION, SAV #12-01 STIPULATIONS
1. The petitioner shall dedicate the 12 ft. vacated alley for utility purposes through an
easement. Easement document to be filed by the petitioner at Anoka County and the
City shall receive a copy of the filed document prior to issuance of a building permit.
RESOLUTION NO.
RESOLUTION TO VACATE THE ALLEY IN-BETWEEN MAIN STREET AND
21VD STREET, THAT IS BORDERED BY 60TH AVENUE AND 61ST AVENUE,
PETITIONED BY THE PROPERTY OWNER AT 6008 2NV STREET, THE ANOKA
COUNTY COMMUNITY ACTION PROGRAM (ACCAP)
WHEREAS, this alley is an unimptoved t-ight-of-way and is not used by the genetal public;
and
WHEREAS, City Public Works Staff indicates that there is no longer a reason to keep this
unimptoved t-ight-of-way; and
WHEREAS, the entire vacated alley will be dedicated as an utility easement; and
WHEREAS, a public hearing was held on this mattet by the Planning Commission on
August 15, 2012 and the City Council on September 10, 2012; and
WHEREAS, the petitioner, ACCAP, was presented with Exhibit A, the stipulations for SAV
#12-01, at the September 10, 2012 City Council meeting; and
WHEREAS, a copy of the ALLEY VACATION EXHIBIT has been attached;
NOW, THEREFORE, BE IT RESOLVED that the Ciry of Ft-idley vacate the following:
All that alley in Block 8, HYDE PARK, Anoka County, Minnesota,
according to the recorded plat thereof lying south of the south line of 61't
Avenue N.E. and not-th of the not-th line of 60`� Avenue N.E.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS lOTH DAY OF SEPTEMEER, 2012.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SAV #12-01 Vacation Request for ACCAP
Stipulations
1. The petitionet shall dedicate the 12 ft. vacated alley fot utility purposes thtough
an easement. Easement document to be filed by the petitioner at Anoka County
and the City shall receive a copy of the filed document prior to issuance of a
building permit.
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CffY OF
FRIDLEY
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
September 4, 2012
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving a Transit Oriented Development Master Plan, TOD #12-01, Anoka
County Community Action Program (ACCAP)
ANALYSIS
Jeff Johnson of Johnson Housing Services, LLC, who
is representing the Anoka County Community Action
Program (ACCAP) is requesting a Transit Orientated
(TOD) Master Plan Amendment for the properties at
6000 and 6008 2"d Street to allow for the
construction of a 13 unit multi-family housing
development.
The proposed development is the City's first TOD
Overlay Master Plan request that aims to achieve
the desires the City set forth when creating this
district. As a result, the project needs to comply
with the TOD standards that were designed to �
enhance the pedestrian scale and safety of any ��
� o r� a �+� nre
�
,��
6CJTFd' �# M'L.� ,t�,i
particular development. The TOD Overlay allows for � �; � ! ��������� ; ���"���q� � ��°�
flexibility when designing a redevelopment project; that encourages dense, mixed use, pedestrian-
friendly developments. It was also created to minimize the use of the automobile by allowing reduction
in parking requirements, if certain conditions can be met and the construction of sidewalks.
Further analysis of this request can be found in the attached staff report.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed TOD #12-01 at their August 15, 2012 Planning Commission meeting.
After a brief discussion, the Commission recommended approval.
THE MOTION CARRIED UNAMIOUSLY.
STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan by bvt Architect
dated July 31, 2012.
2. The property shall be developed in accordance with the architectural elevations by bvt Architect,
dated July 27, 2012.
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 meets vision safety regulations and
shall obtain a separate sign permit prior to installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
7. The petitioner shall receive Mississippi Watershed Management Organization approvals prior to
issuance of a building permit.
8. City engineering staff to review and approve grading, drainage and utility plans prior to issuance
of building permits.
9. Property owner at time of building permit application, to pay all water and sewer connection fees
prior to issuance of a building permit.
10. The petitioner shall combine the parcels at 6000 2"d Street and 6008 2°d Street for tax purposes
and to allow the proposed development to occur over both lots.
11. Irrigation shall be installed in all landscaped areas and a plan shall be submitted prior to issuance
of a building permit.
12. All lighting in the development shall be shielded and downcast. Lighting shall be provided either
on the exterior of the building or through free-standing lighting to adequately illuminate the
sidewalk.
13. Privacy fence proposed along the west and northern property lines shall be reviewed and
approved by City staff prior to issuance of the building permit.
14. Car port elevation and dumpster enclosure elevation shall be reviewed and approved by City staff
prior to issuance of a building permit.
City of Fridley Land Use Application
TOD #12-01 and SAV #12-01
GENERAL INFORMATION
Applicant:
Anoka County Community Action Program
(ACCAP)
Jeff Johnson
1201 89t" Avenue NE #345
Blaine MN 55434
Requested Action:
TOD Master Plan
Alley Vacation
Location:
6000 and 6008 2nd Street
Existing Zoning:
S-1, Hyde Park Neighborhood & TOD
Overlay
Size:
16,257 sq. ft. 0.37 acres
Existing Land Use:
4-Unit Apartment Building
Surrounding Land Use & Zoning:
N: Single Residential Unit & S-1
E: Single Residential Unit and a Duplex & 5-
1
S: 4-unit Building & S-1
W: Single Residential Unit and a 4-unit
Building & S-1
Comprehensive Plan Conformance:
Future Land Use Map designates this area
as Redevelopment.
Zoning History:
1886 — Lot is platted.
1961— 4-Plex constructed.
Several interior modifications have been
made to the building over the years.
Legal Description of Property:
Lots 13-15, Block 8, Hyde Park
Public Utilities:
Current building is connected; utilities are
available in the street.
Transportation:
The proposed project will receive access off
60t" Avenue.
Physical Characteristics:
Flat lot, with 4-plex building, parking lot and
landscaping.
August 15, 2012
SPECIAL INFORMATION
SUMMARY OF REQUEST
The petitioner, Jeff Johnson, of Johnson Housing
Services, LLC, who is representing ACCAP is seeking
a TOD Master Plan Amendment to allow the
construction of a 13-unit apartment building on the
properties located at 6000 and 6008 2nd Street. The
petitioner is also seeking to vacate the un-improved
and un-used alley in-between Main Street and 2nd
Street and bordered by 60t" Avenue and 615t
Avenue. Vacating this alley will provide the
petitioner with additional land area for the
proposed development.
SUMMARY OF ANALYSIS
City Staff recommends approval of the TOD Master
Plan Amendment, with stipulations.
City Staff recommends approval of the Vacation
request, with stipulations.
Aerial of Subject Properties & Alley
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — September 10, 2012
60 Day — September 10, 2012
Staff Report Prepared by: Stacy Stromberg
Land Use Application
TOD Master Plan #12-01 and Vacation #12-01
THE REQUEST
Jeff Johnson of Johnson Housing Services, LLC, who is
representing the Anoka County Community Action
Program (ACCAP) is requesting a Transit Orientated
(TOD) Master Plan Amendment for the properties at
6000 and 6008 2"d Street to allow for the construction of
a 13 unit multi-family housing development.
The petitioner is also requesting to have the un-improved
and un-used alley in-between Main Street and 2nd Street,
that is bordered by 60`" Avenue and 615Y Avenue vacated
to allow additional land area for the proposed
development.
H I STO RY
The subject property is zoned S-1, Hyde Park
Neighborhood and is located on the corner of 60tn
Avenue and 2nd Street. The lot was platted in 1886 and
the existing 4-plex was constructed in 1961. ACCAP has
��,��F � �,r ���,� �
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owned the property since 1994 and the vacant parcel at �%�%�////�////�////% ����"�""� "�'s°°"'� �� -
6000 2nd Street is owned by the Housing and Redevelopment Authority (HRA). The parcel at
6000 2"d Street is not buildable on its own, but through combination with the ACCAP property,
the proposed project could add, according to the petitioner, approximately $2 Million in new
value to the neighborhood. In May of this year, the HRA was able to review the proposed
project and finds that the new multi-family residential units, promotes the Authority's mission.
As a result, they agreed to sell the land to ACCAP through a resolution. Closing on the property
is dependent upon the City's Council approval of the land use actions discussed in this report.
PROPOSED PROJECT DESCRIPTION
The petitioner,
Jeff Johsnon, on
behalf of ACCAP,
is proposing to
redevelop the
properties at 6000
and 6008 2nd
Street to allow the
construction of a
3-story, 13 unit
multi-family
apartment building. The proposal includes 12 rental units, where the target market will be
100% affordable with rents at less than 50% of the area median income adjusted for family size.
According to the petitioner, it is expected that most of the residents will come from Anoka
County, primarily the Fridley area. The siding on the new building will consist of brick, cement,
board siding and cement stucco board or EFFIS, in a varied horizontal and vertical variation.
Landscaping will consist of a series of rain gardens planted with birch trees and other native
��
�:
Minnesota plants suitable for rain gardens. There will be other tree and shrub plantings
throughout the site. A 5 ft. sidewalk will be installed along both 2nd Street and 60`" Avenue, and
an a roximate 1 000 s ft. I
play area will also be ��������� "°°� ��� `��� ����' ���� ���� �""
pp , q•
u � ��„
�i � � iV iii , � ������„ ;,
constructed for the children � �
that live within the complex. � ���� :�r
r,�, E ;���"7 r w"�'�x t�r �d a.:
The building will have an ��-� �� ,��r;�,� �� ��°°°��� � �.�`��
� ,�s; �,�� � � � ,,, ,,, ,,,, ���:,..
office, inside storage and .
,, .
community room. The � '''
building will also have an �� �� `"�•
�� ��_-:,
elevator and be handicapped ���'� r-°,� �
����� ����� �� ������������������������� ����������������������
��� �� IIVVVVVV VVVVVVVVVVVVYVVV����� V VVVVVV VVVVV Yy ,'
assessable with one unit fully „�,,, �� �a , �����,�u uuuuuuuuuuuuupplllll iuu1111°°°° u°°1°
� ��t,
adapted. The building will � ''��
��� �,
:,
consist of three 3-bedroom '+ '"=� �"
7,i.�
;��i„ „„S, �.'.
units, six 2-bedroom units, ; �.���;� � ��,;� ;
three 1- bedroom units, plus ��
r7
a resident manager unit. A �� `��•.
,, �� ;
4,"
concrete block trash
�����muuuu
f ,�s;
enclosure with a gate will be ' ���� � °�
constructed on southwest �� � ���" � _ �
a� , ����3
'�R�! �� 4���: � 5�.,..= '� a'��. �i�.�s�� ".wh,`,�a� �s i 1 z �t" r ��«�,� :f,
side of the site and a "£ `�°w ` a ry;,' ;�
-:.-.,. � � �w Y, .
recycling room will exist � � m� :-
��� � h ��w�. � �
inside the building. Fourteen
parking stalls will be provided, with ten of the fourteen covered by a concrete and steel parking
port. ACCAP uses resident parking permits to maximize the utilization of the parking spots.
TOD MASTER PLAN AND SITE PLAN ANALY515
The Planning ----.��,. -r,�,,
COI'1'l l'1'l1SS101'1 cl I'1C� Clt�/ I� �! ra➢I� v� � �i��i� t7e-f mrnx rJ
f_ x ,_ .
Council will recall that in ' l� C G��r ����� ����� 1
2011, the Transit � � � '��, �' � � ���
a.. � � �
�
Oriented Development i � ;� � °' �,�.�;� �'"
(TOD) Overlay District � ' ��
�
was approved. The S-1,
y (,'y� � ``',�I � �
Hyde Park ,�
Neighborhood, which is /1 j� 9���.e�. � i��,�
what the property is / �� ,k�°` �'��
zoned, is within the TOD ���`+%� °�
� � 1 ^ „' 7 l�� . I
Overlay District. See ;% ,�' �� �
map to the right, for the �� ���"� "�""` �.�'�
TOD district boundaries. !:� ` ,� ��`
The purpose for the
adoption of the TOD
Overlay is to:
A. Implement code requirements that will encourage dense, mixed use, pedestrian-friendly
development within a one-half mile of the Northstar Commuter Rail Station in Fridley.
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow
for safe access to the station no matter what means of transportation someone uses.
C. Create a neighborhood identity with the Northstar Station that promotes the use of mass
transit, human interactions, safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the
train station.
E. Provide life cycle housing for people of different income levels and housing space needs
within one half mile of the train station.
The proposed development is the City's first TOD Overlay Master Plan request that aims to
achieve the desires the City set forth when creating this district. As a result, the project needs
to comply with the TOD standards that were designed to enhance the pedestrian scale and
safety of any particular development. The TOD Overlay allows for flexibility when designing a
redevelopment project that encourages dense, mixed use, pedestrian-friendly developments. It
was also created to minimize the use of the automobile by allowing reduction in parking
requirements, if certain conditions can be met and sidewalks are constructed.
The petitioner is proposing to remove the existing 50 year old 4-plex building and construct a
new 13 unit multi-family apartment building. The TOD Overlay district doesn't have a specific
lot area requirement; however, increasing the amount of units on this parcel will accomplish the
flexibility the City was hoping to achieve with the TOD Overlay regulations. This is also
acceptable if all other code requirements, such as parking, landscaping, sidewalk installation,
and storm water treatment requirements are satisfied. The petitioner is very interested in
designing the project to TOD standards as the criteria will enhance the development, through
use of high quality building materials and design, as well as enhance the site through installation
of sidewalks which will provide better access to public transportation such as the Northstar
Commuter Rail and the Metro Transit bus system. Below is table showing the new TOD
development regulations and how the petitioner plans to comply with them.
perfcrrmance �� '�� TOD Re�ulafiions � ���� ,4CCAP Propc�sal
�tant�ard
Lot Coverage 40% - can be exceeded where 41%, City staff has determined that
vehicle parking is shared, this 1% overage is acceptable
underground, or structured, because we encouraged the
provided all landscaping petitioner to provide covered parking
requirements are met. stalls.
Front Yard Setback Maximum 15 ft. 8 ft. 6 in.
(2"d Street)
Corner Lot Setback Maximum 15 ft. 9 ft. 1 in., 7 ft. for entrance/exit
(60th Avenue)
Side Yard Setback As close as 15 ft. but can be 28 ft. 9 in.
further
Rear Yard Setback As close as 15 ft. but can be Main Building is 64 ft. and Car port is
further 5 ft. 2 in., which is allowed because
detached accessory buildings can be
as close as 3 ft. to the property line.
Height (S-1 zoning) 30 ft. 30 ft.
�/ ;/ /� i; '� �;.
Entrance Primary public street, identified Achieved
Orientation from the street with delineated
elements, such as roof
overhangs, recessed entries,
landscaping.
Fa�ade Articulation Building 40 ft. in width or more Achieved
shall be divided into smaller
increments.
Building Face No blank walls facing the street, Achieved
variations in detailing, color and
materials shall exist on the
building.
Door & Window n/a n/a
Openings
Loading dock n/a n/a
Building Materials High quality materials, such as Achieved
brick, stone, textured cast stone,
EFIS, or tinted masonry.
Refuse & Recycling Common storage area, screened Achieved
Storage from the public right-of-way,
enclosed inside the building is
encouraged
Parking (S-1 zoning) One stall for every dwelling unit. 13 units required —14 stalls provided,
10 of which are covered.
Parking (TOD) No parking between the front Achieved
fa�ade and the primary street.
Parking in the rear or side yard
only.
Bicycle Parking One space required for every 20 Project only has 14 stalls, however a
automobile spaces. bike rack is still encouraged.
Drive Through n/a n/a
Services
Landscaping (R-3 Requires that the development Based on site perimeter, 10 trees
zoning) follow the landscape would be required. Though a
requirements for the zoning landscape plan hasn't been
district that most closely submitted, there are trees shown on
represents the use proposed. the architectural site plan. That plan
shows 11 trees. It's unclear as to
what type of trees they are as a
result, a landscape plan will be
required to be approved prior to
issuance of a building permit for the
building.
Water Drip irrigation is encouraged; Will be stipulated.
regular irrigation is required for
all other green areas.
�/ ;/ /� i; '� �;.
Sidewalks Minimum 5 ft. width shall be 5 ft. sidewalk achieved. The site plan
provided on all street frontages. shows the concrete sidewalk
Colorized pavement pattern continuing across the driveway which
connecting the sidewalk on each satisfies the requirement.
side of the driveway shall be
incorporated into driveways,
warning drivers of the sidewalk
connection on each side of the
driveway.
Connections shall also be
accessible.
Lighting Lighting plan and fixture Stipulation for adequate downcast
specification schedule shall be lighting either on the building or free-
provided. standing to help light the sidewalk to
be reviewed and approved by staff
prior to installation.
Fencing Decorative fencing shall be the The City doesn't have specifications
same color, type, and style used on the fence style yet, however, the
in adjacent TOD streetscape or of type of privacy fence the petitioner is
similar design approved by the proposing along the west and north
City. property lines will need to be
reviewed and approved by City staff
prior to installation through a
stipulation.
Outdoor Dining n/a n/a
Farmers Market n/a n/a
Free-standing Sign Only regulates electronic n/a
(TOD) changeable signs and walls signs.
Free-standing Sign Requires 10 ft. from any property Since the TOD district allows reduced
(Sign Code) line and only 30 inches high when building setbacks, it's unrealistic to
within the vision safety zone. require a sign to be 10 ft. from a
property line when the building is less
than that. Through the TOD Master
Plan process we can recognize a
closer set-back, the petitioner is
proposing 2 ft., as long as it doesn't
impact vision safety.
The petitioner has designed a good project that will achieve what the City was hoping for with a
TOD development. It provides a new, modern building, which brings new investment into the
Hyde Park Neighborhood, with sidewalks that gives a more urban feel. Staff is pleased to see an
on-site play area included in the design as this housing will be serving families with children.
The design standards that staff doesn't have answers on yet will be covered with stipulations
placed on the TOD Master Plan. The petitioner has been made aware of them and intends to
comply.
ALLEY VACATION ANALYSIS
The petitioner is also seeking to vacate the existing un-improved and un-used alley in-between
Main Street and 2"d Street, which is bordered by 60t" Avenue and 615t Avenue. When the 12 ft.
alley is vacated, the abutting property owners will acquire 6 ft. of additional land along their rear
lot lines. Though ACCAP could construct the
r������f �/� ,r r»unn m rv�v�u�w,�i+s�r i�imri irri�vnip� Y�y'� 7
ro osed housin ro ect without the '��'�' ��°"�l '�� � �'�'��"' ��`°`�
p p g p 1 pr' ���;�r� fl ";,��;
ri `
additional 6 ft., it seemed appropriate to �;�f%� ���� g��,��i, '��- '` �
�19f ��� �, � f
consider the alley vacation at this time since it ����% w�^ � `
, �,,; •�:in�w�,w,; �� � �� � ,'.�
will give the project additional land area and
no one within the block uses the alley to gain
access to and from their property. It appears
that in some cases, people are already using
the alley for their own purposes with
placement of fences and sheds within the
alley. City staff asked the petitioner to contact
all of the property owners along the alley to
obtain signatures for approval of the vacation.
At this point, they have received signatures
from 7 of the 15 property owners. City staff
has spoken with the property owner at 6007
Main Street and they have confirmed that they
would approve of the alley vacation, however,
a signature hasn't been received as of yet. To
date, there haven't been any negative
responses from any property owners to the
vacation request, knowing this, staff felt
comfortable bringing the request forward to
the Planning Commission and City Council.
It should be noted that there are several un-improved alleys throughout the City that are not
being used for access to a garage. City staff has asked the Commission and Council through the
Council/Commission Survey if there would be interest in staff initiating a city-wide vacation of
these alleys and have received direction that we should handle them on a case by case basis,
which is what we are doing with this request.
NEIGHBORHOOD MEETING
ACCAP held a neighborhood meeting on April 4, 2012, to present the proposed project to
neighbors. Seven people representing five households plus Mayor Lund attended the meeting.
According to the petitioner:
One resident said he was not opposed to our proposal, possibly the property owner at
6004 2 % St NE.
Two resident's at 5936 2°d Street and 6036 2% Street primary objection was rental
housing and any expansion of rental housing or a rental building and past promises they
thought the City made to them. Mayor Lund spent a good deal of time talking to them.
The neighbors across 2°d Street, at 6009 2°d Street were opposed to the size of the
structure plus pretty much everything else. They along with friends at 6024 2'z Street
made a few constructive comments. They would prefer a building that spanned the
property north and south such that there was no access onto 2nd Street. The only access
would be off 60th Avenue. And they don't want the trash enclosure across the street
from them. They want it in the back of our property or on 60t" Avenue.
In summary, it was a constructive meeting with the neighbors making the suggestion of
reoriented the building, reducing the access road to one entry/exit and moving the trash
enclosure. ACCAP made all these changes on a revised site plan, and we have a better
project as a result.
STAFF RECOMMEDATION
City Staff recommends approval of the TOD Master Plan Amendment, with stipulations.
• Meets the criteria set forth in the TOD Overlay District.
• Proposed use meets the goals highlighted in the 2030 Comprehensive Plan.
• Provides additional affordable housing.
City Staff recommends approval of the Vacation request, with stipulations.
Un-improved alley that is not used for access is of no benefit to the City and can be
better used by the neighboring property owners.
TOD MASTER PLAN. TOD #12-01 STIPULATIONS
1. The property shall be developed in accordance with the architectural site plan by bvt
Architect dated July 31, 2012.
2. The property shall be developed in accordance with the architectural elevations by bvt
Architect, dated July 27, 2012.
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 meets vision safety
regulations and shall obtain a separate sign permit prior to installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
7. The petitioner shall receive Mississippi Watershed Management Organization approvals
prior to issuance of a building permit.
8. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building permits.
9. Property owner at time of building permit application, to pay all water and sewer
connection fees prior to issuance of a building permit.
10. The petitioner shall combine the parcels at 6000 2"d Street and 6008 2nd Street for tax
purposes and to allow the proposed development to occur over both lots.
11. Irrigation shall be installed in all landscaped areas and a plan shall be submitted prior to
issuance of a building permit.
12. All lighting in the development shall be shielded and downcast. Lighting shall be
provided either on the exterior of the building or through free-standing lighting to
adequately illuminate the sidewalk.
13. Privacy fence proposed along the west and northern property lines shall be reviewed and
approved by City staff prior to issuance of the building permit.
14. Car port elevation and dumpster enclosure elevation shall be reviewed and approved by
City staff prior to issuance of a building permit.
VACATION, SAV #12-01 STIPULATIONS
1. The petitioner shall dedicate the 12 ft. vacated alley for utility purposes through an
easement. Easement document to be filed by the petitioner at Anoka County and the
City shall receive a copy of the filed document prior to issuance of a building permit.
RESOLUTION NO.
RESOLUTION APPROVING A TRANSIT ORIENTED DEVELOPMENT MASTER
PLAN, TOD #12-01, BY THE ANOKA COUNTY COMMUNITY ACTION PROGRAM
INC. (ACCAP), FOR THE PURPOSE OF CONSTRUCTING A NEW THREE STORY
MULTI-FAMILY BUILDING AT 6000 AND 6008 2NV STREET NE.
WHEREAS, Section 205.33.07 of Fridley City Code requires that any project within the TOD
District shall submit plans to be reviewed by the Planning Commission and the City Council; and
WHEREAS, the Planning Commission held a public hearing on August 15, 2012 to consider a
TOD Master Plan Request, TOD #12-01, by Anoka County Community Action Program
(ACCAP) for the properties generally located at 6000 and 6008 2°d Street, legal description
attached in Exhibit B, and recommended approval of said TOD Master Plan; and
WHEREAS, the City Council approved the TOD MASTER PLAN, TOD #12-01 at their
September 10, 2012, 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 TOD MASTER
PLAN, TOD #12-01 for the ANOKA COUNTY COMMiJNITY ACTION PROGRAM
(ACCAP) 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
10"` DAY OF SEPTEMBER 2012.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Page 2— Resolution — 2012 — ACCAP TOD MASTER PLAN
EXHIBIT A
STIPULATIONS
1. The propet-ty shall be developed in accordance with the architectutal site plan by bvt
Architect dated July 31, 2012.
2. The propet-ty shall be developed in accordance with the architectutal elevations by bvt
Architect, dated July 27, 2012.
3. The petitioner shall obtain all necessary permits prior to constt-uction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensute that the ptoposed monument sign meets vision safety
regulations and shall obtain a separate sign permit prior to installation.
6. Landscape plan to be teviewed and apptoved by City Staff ptior to issuance of building
permit.
7. The petitioner shall teceive Mississippi Watetshed Management Otganization apptovals
prior to issuance of a building permit.
8. City engineering staff to t-eview and approve gt-ading, drainage and utility plans pt-ior to
issuance of building permits.
9. Pt-opet-ty ownet- at time of building pet-mit application, to pay all watet- and sewet-
connection fees prior to issuance of a building permit.
] 0. The petitioner shall combine the pat-cels at 6000 2"d Street and 6008 2nd Street fot tax
purposes and to allow the proposed development to occur over both lots.
ll. Irrigation shall be installed in all landscaped areas and a plan shall be submitted prior to
issuance of a building permit.
12. All lighting in the development shall be shielded and downcast. Lighting shall be
provided either on the exterior of the building or through free-standing lighting to
adequately illuminate the sidewalk.
13. Privacy fence proposed along the west and northern property lines shall be reviewed and
approved by City staff prior to issuance of the building permit.
14. Car port elevation and dumpster enclosure elevation shall be reviewed and approved by
City staff prior to issuance of a building permit.
Page 3— Resolution — 2012 — ACCAP TOD MASTER PLAN
EXHIBIT B
6008 2"`� Street:
Lots 13 and 14, Block 8, Hyde Park, subject to easement of t-ecot-d.
60008 2"d Street
Lot 15, Block 8, Hyde Park, subject to easement of record.
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SECOND ST. N.E.
SKYLINE II APARTMENTS � V �
6008 2ND ST. N.E.
FRIDLEY, MN ARCHITECT
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SKYLINE II APARTMENTS � V �
6008 2ND ST. N.E.
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CffY OF
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
September 10, 2012
William W. Burns, Ciry Manager
Darin R. Nelson, Finance Director
September 6, 2012
Resolution Abating the Accrued Interest for the Taxes Payable Years of 2011 and
2012 for 6111 Star Lane NE within the 2009-2 Street Improvement Project
On the evening of October 25, 2010 Council approved the final assessment role and resolution
associated with the 2009-2 5treet Improvement Project. During the week of July 23rd 2012, a
property owner at PIN 13-30-24-33-0060 contacted the City inquiring about an assessment
showing up on their tax statement. It was at this point staff discovered that a PIN given to the
County for an assessment back in 2010 was one digit off from the correct PIN. In working with
the County in con-ecting this matter, it was deteimined that the best course of action was having
Council abate this assessment and having the County make the tax payer whole. At the August
20th council meeting the Council approved abating the special assessment for the incorrect
property owner.
As part of that same discussion, questions arose as to whether the correct property owner was at
the public hearing on the night of the special assessment hearing and whether or not the correct
property owner should be required to the pay the accrued interest on the outstanding principal
payments. As a courtesy for an error on the City's behalf, we are willing to forgive the interest
for the 2011 and 2012 tax years.
In regards to the question of whether or not the correct property owner attended the public
hearing back on October 25, 2010, it appears as though the property owner was not in attendance
that evening. However, it should be noted that this same owner also owns a property a couple
blocks to the west that was part of this same street improvement project, which means that owner
was notified twice about the public hearing.
T was able to contact one of the partners for this property. He was understanding of the error and
was thankful that the City is dismissing the accrued interest on the outstanding principal
payments. in addition to this conversation, I will also be sending a letter from the City that will
be included with the invoice from the County. The property owner will have 90 days to pay the
outstanding principal amounts.
Since the City is technically changing the terms of the original payment schedule by dismissing
the interest that should have been paid in 20ll and 2012, Anoka County requires a resolution
from the City Council stating their intentions. For taxes payable 2013 and beyond, the remaining
unpaid special assessment will mirror the original amortization schedule.
Staff recommends approval of the attached resolution abating the accrued interest in the amounts
of $399.43 and $303.73 for taxes payable years of 2011 and 2012, respectively, for the property
located at 6111 Star Lane NE (PIN 14-30-24-33-0060) within the 2009-2 Street Improvement
Proj ect.
��
RESOLUTION NO. 2012 -
A RESOLUTION ASATING THE ACCRUED INTEREST FOR THE TAXES PAYABLE
YEARS OF 2011 AND 2012 FOR 6111 STAR LANE NE WITHIN THE 2009-2 STREET
IMPROVEMENT PROJECT
WHEREAS, the City Council on the evening of October 25, 2010 approved the final assessment on
all properties within the 2009-2 Street Improvement Project; and
WHEREAS, subsequent to this assessment, it was discovered a clerical error had been made in the
final roll given to Anoka County and an incorrect property received an assessment, and
WHEREAS, in order to con-ect this en-or, the Fridley City Council approved a Resolution on
August 20, 2012 to abate the special assessment for the incorrect property; and
WHEREAS, as a courtesy to the correct property owner for an error on the City's behalf, the City is
willing to forgive the accrued interest on the outstanding piincipal payments; and
WHEREAS, due to the City changing the teims of the original payment schedule by dismissing
interest that should have been paid in 2011 and 2012, Anoka County requires a resolution stating the
Council's intentions; and
WHEREAS, for taxes pay 2013 and beyond, the remaining unpaid special assessment will min-or
the original amortization schedule; and
NOW THEREFORE BE IT RESOLVED that the Ciry Council of the City of Fridley, is abating the
accrued interest in the amounts of $399.43 and $303.73 for the taxes payable years of 2011 and
2012, respectively, for the following parcel within the ST. 2009-2 Street Improvement Project:
PIN
14-30-24-33-0060
PASSED AND ADOPTED EY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
lOt'' DAY OF SEPTEMBER 2012.
ATTEST:
Debra A. Skogen, City Clerk
Scott J. Lund, Mayor
3
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arY aF
��i���r
TO:
FROM:
DATE:
SUF3�IECT
AGENDA ITEM
GITY COUNCIL MEETING OF SEPTEMBER 10, 2012
William W. Burns, City Manager ���
James P. Kosluchar, Public Works Director
Darin R. Nelson, Finance Director
Septern�er 5, 2C112
Proposed Private Sanitary Sewer Repair Assistance Program
PW12-063
For over two decades, the City of Fridley has been making efforts to minimize clear water flows
�From Inflow and Infiitratian (I/I) in its sanitary sewer collection system. Those efforts are intended
ta avoid sanitary sewer backups in customers' homes and businesses, and to minimize the cost ofi
treatment, which is based on the volume of sewage discharged by the City af Fridley's sanitary
sewer callection systems. Past and ongoing effort� include a sump pump disconnecfiian program,
manhale retrofit work, sanitary sewer main lining program, sewer systern reconstructian program,
and sanitary sewer televising and cleaning program.
On August 20, the Fridley City Council approved a smoke testing program presented by the
Public Works Department. �This program, coupled with a�I�low monitoring program, is expected
to locate sources of III from City-owned and maintained sewer infrastructure as well as sources
introducing I/I from private sewer services. The City Council requested that staff provide a
program that coul� assist private property owners with retrofitting needed �t� eliminate UI
sources, once found.
We expect three main sources of I/I from private properties. The first is clear water from illegal
foundation drains and s�mps that is introduced into sanitary sewer services. The second
source will likely be from raof drains or yard drains that are directly connected to sanitary
sewer services. The third source is expected ta be from deteriorated sanitary sewer service
pipes which have either cracked or separated and allow groundwater ta enter the service.
"I�he �first two sources are addressed under current City G�d�, established in 1995 by
Ordinance Na. 1044, which states: "No w�ter fram �ny roaf, surface, ground, sump pump,
faating tile, or other r�atural precipitation shall be discharged into the sanifary sewerage
system." 'fhis ordinance permits "future inspections" similar to those that will be conducted by
the flow moriitoring and smoke testing program. The ordinance sets a surcharge of $300 per
quarter for non-compliance, and establishes non-compliance as a misdemeanor. The
ordinance also established an incentive program through 1996, as follovus;
132
Any property �hich has an existing illegal connection may apply for� City financial
assistance by requesting a City inspector to verify the illegal �ortnection, have the repair
completion verified and submit a receipt for labor and/or materials (self-help labor rate
valued at $40). Upon verification of the corrective action and cosfs, the City will remit to
the property r�wr�er ane-half of the cast ta carrect the illegal conr�ection to a maximum af
$450 per installation. The praperty owner may petitian the City fa abate the prablem �nd
assess the proper�y owners cost far the corrective wark aver a 3-year period. This
incentive pragram is in effect until December 31, �996.
-fhere is cost and staff time involved in reinstating a similar program to address the first two
sources of I/I; funding would have to be sourced from sewer utility rate payers in order to
support a similar incentive. While we believe that an incentive program may induce owners to
more quickly address issues that may be encountered, however, the c��arterly surcharge is
substantial and still in effect and would provide some incentive to make repairs in order to
avoid this cost. Typical repairs to correct these types of I/I are in the neighborhood of $500 to
$1,200 for single family residential properties.
In regard to the final expected saurce of I/I, fihat c�f deteriarated sanitary sewer service pipes,
the past incentive program did not address correction of infiltration fram this source. While
these repairs are generally more �xpensive ta make (narmal service repair costs can range
from $2,000 to $4,OQ0), it is normally in the property owner's best interest to make such a
repair when I/I is significant. Failure to do so could cause a sewer backup into a property that
would require emergency repair to the service line, and cause damage ta the building and
contents. The City of Fridley has a program in place 1) for low interest laan funding through
the Fridley HRA, arrd 2} if ineligible for this loan to provide a voluntary assessment to allow for
payback over a five year period. Tl�iis allows an emergency source of fnancing in the event
that a sanitary sewer service is in need of repair.
When considering an assistance pragram, staff recognized that there may be requests �from
outside our flow monitoring and smake testing areas fihat wauld appiy for any incentives. To
b� fair ta all praperky awners, we would nat recommend restrictir�g such a program to specific
areas under study by the City, as the objective of our program is reductian in I/I regardless of
where ifi occurs. This would increase demands far funding of such a pragram. We also wauld
have to determine how ta handle cases where corrections to a property were subsidized by the
1995-96 program and a new request for incentive is made from the same property.
We recommend, therefore, to expand the current financing assistance �ragram without
modi�Fication or reirribursement, and make this program available to all 111 re4ated repairs. Tl�iis
should allow owners to make repairs if their financial circumstances do not allow them to pay
up front costs associated with I/I corrections. As an additional incentive, staff recommends
that the surcharge is abated if corrective repairs are made within six months of notice from the
City that these correctians are to be made, We also recommend limiting this program ta
residential praperties with three units ar f�wer.
133
Staff recommends that the City Council move to apprave the attached Private Sanitarv Sewer
Ini�lowllnfiltration Assistance Pro� rc�am_ presented by the Public Works Department.
JPK/jpk
134
City of Fridley
Private Sa�itary Sewer Repair Assistance Program for 4II IVlitigation
September 5, 2012
This program shall ap�ly to residential properties within the City of Fridley with three or
fewer dwelling units. This pragrarr� is available to these awners when correction af
Inflaw/IrrFiltration saurces are identified ta b� made under Ordinance No. 1044, codified
under Ghapt�r 403, Fridley City Code, Tl�iis pragram is also available to these owners
that require sanitary sewer service lateral repairs that are identified as necessary upon
inspection by the City af Fridley.
2. The City of Fridiey shall notify the property owner, in writing, of their violation of City
Code by regular mail. This notice shall identify �the correction required.
3. The City of Fridle}� will waive the surcharge that is identified in Chap#er 403, Fridley City
Code if correction ss made within a six month period from the date the above notice is
issued. To be eligi�le for such a waiver, the property owner is responsible to contact
the City of Fridley �o rr�ake an inspection once repairs are made, and such corrections
will be approved by the City of Fridley. If repairs are not appr�ved by the City of Fridley
within a six month period from the date the above notice, quar�erly surcharges will be
f�ally reinstated fram the date of notice.
4. The City af Fridley will make its laan program �thraugh the Housing and Redevelopment
Autharity (NRA) and Center far Ei7ergy and EnviroN�i�7ent (GEE) available to awners that
seek cc�rrective repairs as a�first source of financing fior such repairs.
5. If a property owner is ineligible far the HRA/CEE program, the Gity af Fridley will allow
costs up to $5,000 per property to be assessed to �the owner over a five year period.
The City will charge an adminis�tra�tive fee of 10% of the amount assessed, and the
assessment will be subject to an interest rate for special assessment that is established
by the City of Fridley. To be eligible for this voluntary assessment, awners must sign an
assessment and access agreement with the City of Fridley. The Ci�y of Fridley does not
warrant or otherwise endorse any contractor or work performed by providing financing
under this prograr�.
6. This program will remain in place at the pleasure of the City of F�idley, and may be
discon�tinued by the City of Fridley at any time.
135
ORDINANCE NO. 1044
AN ORDINANCE ESfiABLISHING CHAPTER 403 ENTITLED "SANITARY SEWER
CONNECTIQNS" TO THE E'RIDLEY CITY CODE
The City Cotzncil of the City af Fridl�y does a�dai.n as follows:
4 Q3 . SRNITRRY SEVJER CONNECT'IONS
903.0:1. PURPOSE
In adoptinq this ordinance, the City Council finds that the discharge of water from
any roof, surface, ground, sump pump, footing tile or �ther nat.ural precipitation
into the City sewerage system will and has on numerous occasions in the past,
flooded and averloaded rhe sewerage system to such an extent as to cause significant
and grave damage ta the property of large numk�ers of city residents. Such damage is
caused by the backup of sewage into the living quarters of residents, an increase in
sewage treatment costsr and in addition to other damage creates a hazard to health.
The City Cc�uncil, therefore, finds it essential ta the maintenance af health and to
minimize sewage treatment costs and damage to property that the provisions of this
o.rdinance be strictly enforced to avoid emergencies in the fut���e.
4Q3.02. DEFINITION AND METHOD
Nc� watex from any roaf, surface, graund, sump pump, foc�ting tile, or c�ther na�izral
preci�ri�ation shall be dischaxgec� in�a th� sanitary sewerage system. Dwellings and
other builclings and structtzres which ��c�uire, berause �f the infiltration of wa�ez
a,nta basements, crawl spaces anc� the like, a sump pump system to discharge excess
water, shall have a permanently installecl discharge line which shall not at any time
discharge water into the sanitary sewerage system. A permanent installation shall.
be one which provides for year-around discharge capability to either the outside �f
the dwelling, buiic�ing or structure, or is c�nnected to the City storm sewer. or
discharges to the street or drainage easement. It shall consist of a rigid
discharge line, without valving or quick connections far altering �he path of
discharge.
403.03. DISCOI�I2�ECTiON
Before July 1, 1995, any person, firm or carporation having a roof, surface, ground,
sump pi�mp, or fo�ting tile naw connected and/or discharging into the sanitary sewer
system shall disconnect and/or �emove same. Any disconnects or openings in t�he
sanitar.y sewer shall be clased or �epa�.r�d in an �ffective, warkmanlike manne�, a�
ap��avec� by rhe City Building Inspector.
903. t�4 . TNSPECTION
Every person awning improved real estate that discharges into the City's sanitary
sewer system shall allow an employee of the City af Fridley or their designated
representative to inspect the builc�ings to confirm that there is no sump pump or
other prohibited disrharge into the sanitary sewer system. Sn lietz of having the
City inspect their �rnperty, any person may furnish a certificate certifying that
their property is in anc� will remain in compl.iance with this Ordinance. Any person
refusing to allow their pro�erty to be inspected or refusing �o furnish a
certificate within {14) days of the date City employee{s) ar their designated
representatives are denied admittance to the property, shall become subject to the
surcharge hereinafter provided for. Any property found to violate this Qrdinance
sha11 make the necessary changes to comply with the Ordinance and f.urnish proof of
the rhanges to the City by Ju1y 1, 1995.
Page 2- Ordinance No. 1049
903.05. FUTURE INSPEC'I'IQNS
At any future time, if the City has reason to suspect that an illegal connection may
exist in a premises, the owner, by written notice shall comply with the provisions
of Paragraph 4 above.
403.06. INCENTIVE 1 36
There a.re a num�er of inethods to dispose of sump pump effluent. The City's
recommended soluuti�n is to pump t.he water into a cistern. Any property which has an
existing illegal connection may apply for City financial assistance by requesting a
City inspector to verif.y the illegal connection, have the repair completion verified
and stzbmit a receipt for labor and/o.r materials (self-help labor rate valued at
$AO). t7pon verificati�n of the ca.rrective action and costs, the City will remi� to
the property owner one-half �f �he cost to ca.r�ect the illegal cannection t� a
maximum of 5450 per installation. Th� pra�erty owne� may petition the City t� abate
�he pzoblem and assess the property owne�s cos� f�r the corrective work over a 3-
year perio�. This incentive program is in ef�ect until Decembe� 31, 1996.
903.07. SURCHARGE
A sl�rcharge af $30Q �er qtaarter is hereby im�osed and added t� every sewer billing
mailed on and after July l, 1995 ta property owners that are n�t in compliance with
this ordinance. The surcharge shall be added far the entire quazter unfiil the
property is in complzance.
403.08. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to penalties provided
for such violations under �rovision of Chapter 901 of this Code.
403.09. EFFECTIVE �ATE
This ordinance shall �e effective ��om, a�d after its adoptian and publicati�n as
�r�vi�ed by City Chaz�er.
PASSED AND ADOPTED BY THE CITY CQUNCII� �F '��IE CTTY Ok" FRIDLEY THIS 23RD DAY 0�
JANiJARY, 19 9 5 .
WILLIAM �7. NEE - MAYOR
ATTEST:
WTLI,IAM R. CHAMPA - CITY CLERK
Firs� Reading: �7anuary 9, 1995
Second Reac�ing: January 23, 1995
Publication: Janua.ry 31, 1995
137
� AGENDA ITEM
� CITY COUNCIL MEETING OF SEPTEMBER 10, 2012
CffY OF
FRIDLEI'
INFORMAL STATUS REPORTS