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CCA 05/08/2017 i' ','''fic s F ' y CITY COUNCIL MEETING OF MAY 8, 2017 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/763-572-3534) COUNCIL CONFERENCE MEETING (6:00 P.M.) 1. Outdoor Entertainment at Liquor Establishments With Patio Endorsement 2. Safe Routes to School 3. Civic Campus Update LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING (7:00 P.M.) (CONTINUED APRIL 24, 2017) CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE. PRESENTATION: Al-Amal School APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Board of Appeal and Equalization Meeting of April 24, 2017 1 - 9 City Council Meeting of April 24, 2017 10 - 25 FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2017 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of April 19, 2017 26 - 35 2. Claims (ACH PCard 1704; 176461 — 176640 36 - 66 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes ADOPTION OF AGENDA: PUBLIC HEARING: 3. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #17-01, by Brad Dunham with Round Lake Commons II, LLC, for 7699 Highway 65 N.E.) (Ward 2) 67 - 76 NEW BUSINESS: 4. Resolution Declaring the Structures Located at the New Civic Campus Site as Surplus and Authorizing their Demolition 77 - 79 5. Informal Status Report 80 ADJOURN. r„f Fridley FRIDLEY CITY COUNCIL MEETING OF MAY 8, 2017 7:00 p.m. — City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. Print Name (Clearly) Address Item No. ffrIVLi 'A4 T / 'c 3 ‘1 (Aiv't Jac' cedtid Orion YeA.,-U ay, r.; - 1)3w4 b uJ�vt @K,�C . �. (a�+�2.��O.L' IVis 31 re 'L'AP. .o.` f l/ •LA.a /aLIS gcvL✓ 7 g (O il�- - AL6 g\cu 55 X13 k &.-MY 4)00 'yt`'cl ME/ a L/041-s 654 a i ittua • rO Of I dal” - ot . ,et-1-> rro-9 Abe 1-6406,N c veA f&k4 g-oisslk z__14/ 4 os/n qi, eip4, `}�'�¢��e- Ill tr ig1 a n e /nY) # .›.?"/L-,4/4 Vv)2r441Mu/g/I/t ( as I c 54 Akar f // -sSYOS 4,4,44.49z. At&e W; �l � S .* .Soak �: 0 �;llwt�re S` . 11�F E�dlll 1'�v.�-4 y /10 n 2- a e( S' k k , /14_ 411 Q kir) / a BOARD OF APPEAL AND EQUALIZATION MEETING CITY OF FRIDLEY APRIL 24, 2016 The Board of Appeal and Equalization Meeting for the City of Fridley was called to order by Mayor Lund at 6:30 p.m. MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Mary Smith, City Assessor Pat Maghrak, Senior Appraiser Mary Smith, City Assessor, stated this meeting is held in accordance with Minn. Stat. §274.01. The purpose of the Board is to establish a consistent appeal procedure for the January 2, 2017, valuation and/or classification. Upon hearing appeals, the Board has three courses of action: to affirm, reduce, or increase the current value based on information presented. If the property owner feels the Board did not resolve their concerns, they may bring their case to the County Board of Appeal and Equalization meeting which will be held on June 12 at 6 p.m. Ms. Smith stated the responsibilities of the Board are to have a majority of the members in attendance to have a quorum. There must be at least one member who has attended an appeals and equalization course approved by the Commissioner of Revenue within the last four years. If a property is omitted from the tax rolls, it may be added by the Board. The Board may only increase or decrease individual properties. The amount of a Board reduction cannot exceed 1 percent of the citywide aggregate assessment. Ms. Smith stated if the Board finds a case of undervaluation, it may raise the valuation of the property; but it must first notify the owner. The Board must complete and adjourn within 20 days from the time it convened. Ms. Smith stated the appeal procedures are to hear property owners who are present and accept any information provided, and direct staff to review the property. Written appeals will be read once property owners who are present have completed their appeal. Ms. Smith stated according to the Certificates of Real Estate Value received in their office, there were 471 sales. This number is up slightly from last year's 430 and presents a 9.5% volume increase. There were 320 qualified residential sales that occurred in Fridley from October 1, 2015, through September 30, 2016. These sales involved single-family homes, townhomes, double bungalows, and condominiums. To bring the assessment within the State's ratio requirement of 90 to 105 percent, there were increases in structure values of approximately 7 to 10 percent, depending on the structure type. 1 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 24,2017 PAGE 2 Ms. Smith stated along with the structure increase, there were land adjustments. During the 2017 reassessment, staff reviewed neighborhood zones and made changes to some areas of the City which affected the land value. The countywide commercial sales ratio which compares real estate sales prices to estimated market value to measure the overall accuracy of our values was determined to be 99.67 percent. The Department of Revenue requires ratios to be between 90 and 105 percent. Ms. Smith stated the Fridley industrial sales ratio is 99.88 percent compared to the countywide ratio of 97.19 percent. Fridley's ratio is based on 8 qualified sales. Fridley and Blaine had enough qualified sales to be judged independent of the County. Based on sales countywide of commercial and industrial properties, a 2.5 percent multiplier was applied to account for depreciation, holding the commercial and industrial property values flat from the 2016 to 2017 assessment. After application of these rate adjustments along with the addition of new construction and changes made during the annual reassessment, commercial and industrial properties increased moderately. Ms. Smith stated upon review of apartment sales, an increase of 12 percent was applied to structures countywide. Along with changes made during the reassessment, the result was an overall increase of 8.8 percent for Fridley apartments. To summarize the 2017 assessments, single and multi-family continued with substantial growth with industrial and commercial properties that grew at a more modest pace. Ms. Smith stated residential sales within the first six months of the 2018 assessments study period indicated a 13.65 percent increase in the average sales price, with sales volume similar to last year. Market time is down by 15 percent and sellers are getting almost 100 percent of their asking price. Ms. Smith stated sales price ranges for the first six months of the 2018 assessment are as follows: There were 7 sales under $100,000; 88 sales from $100,000-$200,000; 50 sales from $200,000-$300,000; 11 sales from $300,000-$400,000; and 1 sale over $500,000. As of March 31 there were only 30 homes on the market and 20 of them had offers with some form of contingency. This continues the trend metro-wide of significant short supply. Mayor Lund said Council received two memos, with a total of 4 residential properties and 1 commercial. He asked whether a motion was necessary or in order for them to accept these adjusted market values or are they a done deal and are just for their information. Ms. Smith replied, they are a done deal, but they need to be written into the minutes of the meeting. Councilmember Bolkcom stated it would be worthwhile tonight, because they just received one tonight, that they go over each one individually. Ms. Smith could tell them what it was originally and then adjust it, and they could do a motion for each one by PIN number. Mayor Lund stated he is interested in the home on Matterhorn Drive, because that was significant adjustment. 2 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 24,2017 PAGE 3 Pat Maghrak, Senior Appraiser, asked Mayor Lund if he was familiar with the house. Mayor Lund said he was not. Mr. Maghrak said it is like stepping on the set of "Pirates of the Caribbean." It is set on wooden poles. The first problem he would have is to find a buyer who is able to secure financing for that house because it is so atypical. If you limit the potential for buyers, you have to account for that. He said he had been to the home for the first time four years ago he believed. When he went in the home, there were physical conditions that were really affecting the value. A tree had fallen on the house, cracked the trusses, and the property owner could not get an agreement from his insurance company on how to repair it. Whenever they write that value down, they always want to go back every year and make sure they are reviewing to see if it has been fixed. Mr. Maghrak stated the property owner called this year about his value, and Mr. Maghrak went out and looked at the property again. Because the property owner had not responded to calls in prior years, the procedure then is to assume the property owner has corrected those conditions. That is why staff brought the value up substantially and, then after reviewing it this time, he brought it back down. Mayor Lund asked Councilmember Bolkcom if she had any particular questions about the other three. Councilmember Bolkcom replied, no, but they have to be separately talked about with the PIN numbers. You cannot just approve them all at one time. She does not believe they have not done that in the past. Mr. Maghrak replied, right, and these are changes that were agreed upon with the homeowner prior to it. This year what staff is doing at the request of the County Assessor is, within ten days of the Board meeting, they would like these agreements written into the record. It is not something that the homeowner is appealing, and the City is disagreeing. It is going out in the normal course of things and revaluing it once it has been brought to staff's attention. Councilmember Bolkcom replied she is not disagreeing with them but they have to go PIN by PIN. That is how they have done it in the past. Ms. Smith stated as to PIN 24-30-24-42-0060, 5525 Matterhorn Drive, the original EMV was $247,000; it was adjusted to $190,000. MOTION by Councilmember Varichak to approve the assessment to the adjusted value on PIN 24-30-24-42-0060, 5525 Matterhorn Drive. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 24,2017 PAGE 4 Ms. Smith stated as to PIN 14-30-24-21-0052, 549 Rice Creek Terrace, the original EMV was $295,800; it was adjusted to $275,700. MOTION by Councilmember Saefke to approve the assessment to the adjusted value on PIN 14-30-24-21-0052, 549 Rice Creek Terrace. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Smith stated as to PIN 14-30-24-14-0041, 6527 Monroe Street NE, the original EMV was $188,700; it was adjusted to $169,400. Councilmember Saefke asked why there was a reduction. Mr. Maghrak replied, the homeowner called after getting their notice and asked the City to come out and view their property. Oftentimes when they go through on their once every five year visit, they will not get a response from the owner. Several times what will happen is they will have a change in ownership. So the owner calls and questions the value, staff looks at the record and sees they have not been on the property for years, and they go out and take a look at it and make adjustments based on what they see at the time. Specifically on this property, the assumption was made that what he observed this week was the same as he would have seen in January of this year. MOTION by Councilmember Saefke to approve the assessment to the adjusted value ori PIN 14-30-24-14-0041, 6527 Monroe Street NE. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Smith stated as to PIN 13-30-24-33-0027, 6279 Baker Street NE, the original EMV was $186,400; it was adjusted to $178,700. Councilmember Saefke asked if that was the same explanation. Mr. Maghrak replied, very much so. The only difference would be that this was not someone who did not respond. Last summer he went through the neighborhood and this was a property where he said he thinks the information is accurate and said you can call if you would like him to come through. She did not call but when she got her notice, she did call to ask. MOTION by Councilmember Saefke to approve the assessment to the adjusted value on PIN 13-30-24-33-0027, 6279 Baker Street NE. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund said they also have one for Home Depot. 4 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 24,2017 PAGE 5 Ms. Smith stated, yes. Metro-wide, the assessors have received a telephone call from Brandon Wright of Ernst & Young in regards to value. The last e-mail they received was that he was going to appeal all the values in Anoka County. Because of that and the information that he sent, the County Assessor felt it would be a good thing to just have it all moved to the County level; and they would handle all of them up there. Mayor Lund stated it seems like a reasonable request since the County does the valuations on commercial/industry properties. Ms. Smith replied they will be helping them also since there is a Home Depot in Fridley and there are three others in the County. Councilmember Bolkcom asked as far as their assessed value this year compared to last year, what is the difference? Ms. Smith replied their value went down from last year. Last year, their value was $7,311,500; and this year it was $6,925,001. MOTION by Councilmember Bolkcom to affirm the value of Home Depot, PIN 22-30-24-41- 0007, 5650 Main Street NE. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Steve Saba, 1470 Onondaga Street, stated he is questioning the classification at 7345 Central Avenue. It is classified as commercial, industrial, non-homestead residential. He started questioning this in 2013 and has not received any answers yet. Mayor Lund asked Mr. Saba when he first approached the Assessor's department. Ms. Smith replied Mr. Saba filed a tax petition in 2013. That is a tax petition that is filed at the County. She has a letter from the County Attorney in 2013 in which she replied to Mr. Saba regarding his petition. Mr. Saba stated he read the letter for the first time tonight. It had been sent to an address that he does not live at. He did not receive that letter. They send his tax statement to his home address and one would think they would send everything else there. Councilmember Bolkcom asked about the tax petition letter. Ms. Smith replied Mr. Saba filed a tax petition for taxes payable in 2013. That would have been on the January 2, 2012, value. Mr. Saba has noted here, the property should be 75 percent residential, 25 percent commercial/industrial. Staff never addressed this, as the County Attorney had sent Mr. Saba a letter saying they had attempted to locate a case number for the court for several months and could not locate one. The letter said: "Did you file your Tax Petition with Anoka County court administration? If so, please contact our office and notify us of the court 5 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 24, 2017 PAGE 6 file number assigned to your case. Until we receive notice that the proper documents were filed with the Court, and a case has been opened, we will be unable to address your petition". Mayor Lund asked if it was dated in 2013. Ms. Smith replied September 30, 2013. Mr. Saba phoned her on Friday morning, and he questioned his classification; and she told him she would really need to come out and take a look at his house. He said he would contact his daughter because his daughter lives in the house and he would get back to her. She said she did not receive a follow-up telephone call. His real estate agent phoned Mr. Maghrak this afternoon and talked about the classification. Mayor Lund stated this is at the County's level. Mr. Saba stated he does not know where this should be taken. He filled out all the paperwork at the County. Mayor Lund asked Mr. Saba if he had an issue with 2017. Mr. Saba replied he would question 2012 through 2017. He was told he had to come to the City first before he went to the County. He does not know how the zoning and classification are determined. Mayor Lund asked Ms. Smith if the City would have some input on classification and if there is any adjustment needed there. Since this has been petitioned, at least at some level at the County, it sounds like they should just affirm what the City has so Mr. Saba can move onto the County and address the issue. Ms. Smith replied, the City handles reclassification of a property; however, in regards to this tax petition, Mr. Saba would have to contact the County Attorney and talk to her. She does not know what would be done at this point. Mr. Saba stated he has talked to different real estate agents who have looked at the property. Obviously it is different from what it was in the past. He asked if it was commercial, industrial, or residential. Mayor Lund replied he assumed it was zoned residential. Ms. Smith replied it was zoned C-1, Local Business. Mayor Lund asked if this is something Council should postpone in order to give Mr. Saba another two weeks. Mr. Saba asked when they changed this. When he asked in 2013, he could not get an answer as to when it was changed. 6 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 24,2017 PAGE 7 Ms. Smith replied, it appears it was changed probably during 2011, because it appeared for the 2012 value which would be taxes payable in 2013. Mr. Saba asked could they get a date and who changed it? Councilmember Bolkcom asked if it says something on his tax statement. Ms. Smith replied yes, at the top. Councilmember Bolkcom stated Mr. Saba has known since 2013 and has not contacted the County since then. Mr. Saba stated he wants to sell the property, and he has talked to different real estate agents who have said there are three classifications. Councilmember Bolkcom asked if there is any reason they cannot just continue this hearing until two weeks from now, so the City has an opportunity to look at Mr. Saba's property. The issues between 2013 and 2017 are at the County level, but they could at least find out if it should be considered. Mr. Saba stated she should be able to drive by and look at it. Councilmember Bolkcom asked Mr. Saba if he was saying he would allow the City to go in. Mr. Saba replied, he is not saying that at all. They changed the classification before without going inside, and he does not know how going into the house changes the classification. Mayor Lund asked whether the property was zoned residential 100 percent in 2011. Mr. Saba replied, it has always been zoned C-1. It was residential use. The classification was residential and then sometime, as Ms. Smith said, in 2011 they must have changed it to commercial/industrial, non-homestead residential. He is not arguing the non-homestead residential because he cannot do a relative homestead which can be done if the property is in your personal name, not in a business name. It is in the business name, so the homestead does not make any difference. He was hoping the classification would be residential, non-homestead. Mayor Lund stated they have a couple of weeks. Maybe that will give staff an opportunity to look at this, and maybe consult with the County, in order to find out where they are at with this. Councilmember Bolkcom asked Ms. Smith in order to change, whether it is the value or anything, you have to be able to physically inspect not just the outside but the inside. Someone is going to need inspect Mr. Saba's home within the next two weeks. She believed it is in the State Statute. Mr. Saba asked is it also in there that to change it from residential to commercial, you have to inspect it at that time. 7 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 24,2017 PAGE 8 Ms. Smith replied it is up to the City to have the right classification on the property. Mr. Saba said but to have changed it from residential classification to commercial classification, they had to have looked at the house at that time also. Mr. Maghrak replied they did not get inside the house, and a request was made to do so. Mr. Saba stated going inside the house to see if you have pretty walls or whatever should not make any difference whether it is classified as commercial or industrial. Mr. Maghrak replied if it is all converted office space, then it is not being used as a residence. That would make a tremendous difference and they cannot see that from the outside. Mayor Lund asked Mr. Saba if he wanted it to be residential or commercial because he would think commercial property has a higher valuation than residentially-zoned. Mr. Saba replied that is a good question. Darcy Erickson, City Attorney, stated she does not know that the Board of Appeal and Equalization has the authority to make the classification determination. Ms. Smith can correct her, but she believed there were three options and that relates to property valuation on the tax roll, to affirm, increase, and decrease; but she does not know if it reaches as far as changing classification. Ms. Smith replied, according to what they have read it does. Attorney Erickson stated she believed there is a provision in the State Statute, Section 274.01, that the Board cannot take an action to benefit a property owner if there is a refusal for the inspection. She asked if that was correct. Ms. Smith replied that is correct. Attorney Erickson stated in order to change any kind of classification to Mr. Saba's betterment, financially on a tax basis, there needs to be an inspection. Mr. Saba stated no offense but he needs to talk to a couple of real estate agents and see what they want this at. Mayor Lund stated they are under a time limitation. They can only keep this open until the next meeting. MOTION by Councilmember Bolkcom to continue the Board of Appeal and Equalization meeting to May 8, 2017. Seconded by Councilmember Saefke. 8 BOARD OF APPEAL AND EQUALIZATION MEETING OF APRIL 24, 2017 PAGE 9 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 9 CITY COUNCIL MEETING CITY OF FRIDLEY APRIL 24,2017 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:02 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director Shelly Peterson, Finance Director Ellie Skelton, Touchstone Mental Health Dr. Khu Tou, Touchstone Mental Health Kathy Smith, 7350 Melody Drive Ken McConkey, Fridley resident Amy Denz, Wenck PROCLAMATION: Poppy Month—May,2017 PRESENTATION: Touchstone Mental Health: New Residential Program on Unity Campus Ellie Skelton, Executive Director, and Dr. Khu Tou, made a presentation on Touchstone Mental Health Services. Councilmember Barnette asked if they dealt with Alzheimer's or dementia. Ms. Skelton replied not often. They do some consulting with nursing homes because a lot of times the symptoms are similar in terms of some thought disorder pieces. There are some differences in terms of aging related to dementia and thought disorders related to schizophrenia. They typically work with care providers of Minnesota and the aging community. If they have someone experiencing dementia they typically work with one of their partners for those services. 10 FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2017 PAGE 2 Councilmember Saefke stated he thinks one of the main concerns citizens would have is they do not accept people with a violent history or psychopaths or anybody who would create problems for neighbors. Everyone has had problems or has known someone who has needed help psychiatrically. There has always been a stigma with that and there really should not be. Ms. Skelton stated sometimes symptoms do come out in agitation and irritability. Those are common symptoms that they see, and they certainly work with people around those symptoms; but typically, it is more uncomfortable for the individual experiencing those symptoms than for the people around them. Mayor Lund asked if there are any restrictions on if the person has a criminal background or a tendency for violence that has resulted in criminal activity. Ms. Skelton replied, what the State of Minnesota has done for folks who have received sentences based on activity related to their mental illness, is they actually get categorized as "MI and D (Mentally Ill and Dangerous)" and they have a forensic team. Folks who have that classification are actually very highly monitored. A lot of folks are at St. Peter or, if they are in the community, they are monitored in terms of where they are at, who they are working with. They typically do not accept folks who meet that classification. There are some specialized programs in town with people having that diagnosis. Mayor Lund asked City staff, in going into this endeavor has there been any action by the Council or the need for action for Touchstone to be able to do this, such as a special use permit, a zoning restriction or anything like that. Scott Hickok, Community Development Director, replied they have had a number of discussions with the folks at Touchstone. They are very comfortable this fits within the spectrum of care that is provided at the hospital. There is a special use permit for the campus where this would be considered under that umbrella. Mayor Lund asked so that special use permit always carries with the property and it can change with the renter, in this case, Touchstone. Mr. Hickok replied that is correct. Ms. Skelton stated they are also very fortunate that many of their current Touchstone employees actually live in Fridley. They are opening these opportunities up currently for their internal employees first. Mayor Lund asked who people could contact if they were interested. Ms. Skelton replied they have their e-mails and addresses, Dr. Tou and her are both available to talk or come out. They are going to be having a community meeting on May 16 that is for anyone in the neighborhood who would like to come and talk to them. She believed it was at 7 p.m. at the Unity campus. 11 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 3 Councilmember Bolkcom asked how they were reaching out to the neighborhood. She knows there have been some concerns expressed and some letters. A lot of times this stuff happens after the fact. Ms. Skelton replied they did send out letters within four miles to every residential address and did publish the date and time of the community meeting. They will be having open houses, and job fairs. It is a community partnership moving forward. They want to be part of the community. They are also going to reach out to some of the local churches. In Bloomington the nearby church has been very supportive in both welcoming their tenants to be parishioners and local AA and NA groups have been really great as well and welcoming Touchstone clients and really being there for their clients. They will be continuing the community build from now and for the next ten years and hopefully on. They never plan to close communication. If something happens in four months they could have another community meeting. They are always welcome to address any problem that may come up. Councilmember Bolkcom asked whether Touchstone does any training for the community itself to deal with mental health issues. Do they have any training for police officers? Ms. Skelton replied they partner with the Crisis Prevention Institute in Minnesota. It is also called the Barbara Schneider Foundation, and they have a really great training for police. She did forward some information, and they are going to connect on that as well. The other training that they find very helpful is a suicide prevention training called QPR (Question, Persuade, and Refer). They would be happy to bring any of those resources and do them in partnership with the City or County. Part of their mission is to make sure there is public engagement around mental health awareness and how they all respond individually. Dr. Tou stated she would also add that at their other facilities they have relationships with the police and fire departments because they do want to keep everybody safe, not just the community but their residents as well. They have relationships with them so if they have a missing person, or need to transport someone to the hospital, they are aware. They plan on doing the same thing in Fridley--develop a relationship with the Fridley Police and Fire Department. Councilmember Bolkcom asked if they could share their address in Minneapolis. Ms. Skelton replied, yes, it is in the Steward Neighborhood, 2516 East 25th Street. They have been there about 25 years. Councilmember Barnette asked if a person is a resident in their program, do they have the freedom to come and go as they wish or are they locked in. Dr. Tou replied, they are not a locked facility; but they do keep their doors locked and they are residents. It is their home and they have a key where they can go in and out because they want them to go to their appointments, have family members and case managers come and meet them. They do have that because it is a voluntary program. However, they do have 24-hour staff there. They are required to have at minimum two staff members present at any given time. So they have a curfew and, when people enter the program, they ask them to not leave the facility within 12 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 4 the first 24 hours so they can fully assess them and develop a good plan. Then they earn passes, i.e., a two hour-pass where they can go and do things. It gradually goes up from there. Councilmember Bolkcom asked had to sign out when they left and when they were expected to be back. Dr. Tou replied, yes. It is very structured. They have to sign out. As soon as they come in, Touchstone collects emergency information as to how they can reach them if they do not see them at a certain time and who else they can call if they cannot reach them. Councilmember Saefke asked if they had volunteer opportunities. Ms. Skelton replied they do. They have many opportunities for folks. Kathy Smith, 7350 Melody Drive, stated she lives very close to Unity Hospital which has changed and is now a mental health campus--very similar to replacing the old Anoka State Hospital. It is no longer a community hospital. They received a notice on Saturday and she was very surprised because she had put a ton of money into her house, she is doing landscaping, and now she finds out that the old nursing home (and there is probably more need for nursing home and elder care than there is for mental health) is being turned into this center. According to their website it is for adults with a serious mental health diagnosis who will be struggling with substance abuse disorders. Ms. Smith stated she has no problem with doing some kind of residential treatment center, but they are plopping it right into the community. Her property value will probably go down as Unity Hospital turns into a mental health facility, and now they have this facility. Ms. Smith stated she is not happy. She was just notified of this on Saturday, and she is sure her neighbors will not be happy because they are so close to that. If anyone goes out and they have substance abuse problems, and they decide they want to use again, they can walk right into the neighborhood, they can do anything they want to do. It is not a lock down; and the representative made a comment there are two staff members and if something happens they can revisit it. Ms. Smith stated whoever signed the special use permit, they did not talk to the residents. She is not happy. Mayor Lund said they did not address her concern adequately. He suggested she attend Touchstone's meeting on May 12. Ms. Smith asked what she could do. She tried to find out what her rights are as a citizen who is supporting Unity Hospital through her tax dollars. What rights do they have for Allina to decide what they are going to do with their buildings? She is trying to find that out. It appears they have no rights, and Allina can do whatever they want, like leasing this building out for ten years, not informing anyone in the community, including the City,that they are choosing to do this. 13 FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2017 PAGE 5 Mayor Lund replied, well, their rights as citizens and the Council is to, if they find there is a reason not to issue a change in zoning for which there has not been one. He asked how long the special use permit has been in place. Scott Hickok, Community Development Director, replied he believed the 1970s. Mayor Lund said it is zoned correctly. Their business is a legal business. They are not doing anything illegal. They have rights, too, as to having a business; and he thinks the need is quite great. Ms. Smith stated she thinks there is a need to support the elderly people in the community, too. The question is has the Council looked at the crime rate since Unity Hospital has changed their campus to be more mental health? Last Tuesday she went to a Health Partners meeting at the Unity Educational Building, and the presenter from Health Partners said the police with the dogs were there, and they put someone in handcuffs. Is crime going up in the area because of how the hospital is operating? Ms. Smith stated she just put a ton of money into her house, and she should have just sold and moved into another community that was not as close to an Allina system that can do whatever they want to do. Mayor Lund stated she still has the very nice benefit of having a full hospital. The only thing they have taken away from Unity Hospital is the baby unit. Ms. Smith stated she supports a team of nurse anesthetists. They are going to have a very small emergency room. Their same day surgery center is minimizing and is moving to Mercy. It is going to have a mental health focus. Councilmember Barnette read for Ms. Smith, "Unity campus will remain committed to working closely with the community it serves to provide the healthcare needs of the area well into the future. The hospital and staff will continue to provide a variety of health services on the campus, including emergency services, inpatient, outpatient medical and surgical care and outpatient services, such as labs, therapy, and radiology." Ms. Smith stated they are making it smaller. The campus is changing. Councilmember Barnette stated as one of the largest hospitals in the Twin Cities area, the Unity campus serves more than 150,000 patients yearly. Ms. Smith stated if you go into Unity Hospital right now you will see that it has definitely changed. Councilmember Saefke said the building he is talking about, half of it was for addiction and the other half was for mental illness; and it had been for quite a while, at least 12, 15 years - ever since it was an old folks home. 14 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 6 Ms. Smith replied, but before then it was an old folks home and Unity ran it. She knows all about Unity as her dad was on the Unity board for years and years. He was one of the founders of the hospital. What bothers her as a citizen is this was just dumped on them. It was not Unity saying we are going to lease this building to someone with severe mental illnesses. They are right; everyone has a family member that has a severe mental illness. She gets that but this was just dropped on them, and she probably would not have put the money into her home knowing this. Councilmember Saefke stated to Ms. Smith, if her next door neighbor rented out their home, she would not have a say in who they rented it to, would she? Ms. Smith replied, she would have to look at the laws about renting a house and what her rights were to have a renter next to her; and she thinks there are some rules around that. Councilmember Saefke replied, he does not think so. Mayor Lund replied they would have to have a license to rent. Councilmember Saefke said Fridley is home to the largest Alcoholics Anonymous group in the entire state. He lives in that neighborhood and it has not influenced his property values one bit. Ms. Smith replied, the AA group is one group and they have moved buildings, and she is aware of that. She has lived in Fridley a long time. Her great-grandfather was one of the first residents. Mayor Lund stated it is a little soon but he is going to ask the Police Department about crime rates in that neighborhood. Councilmember Bolkcom suggested to Ms. Smith she go out to one of Touchstone's other facilities and see what it is like. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 27, 2017 APPROVED. NEW BUSINESS: 1. Resolution Requesting a Variance from State-Aid Rule 8820.280, Subpart 2A, for Project ST2016-01 (MnDOT SAP 127-050-021). Wally Wysopal, City Manager, stated this is to allow for a retroactive project start date for the 2016 Street Reconstruction Project. This allows the City to go backwards to get the funding for that project from State Aid. 15 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 7 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Receive Bids and Award Contract for 71st Avenue Water Main Project No. 513 (Ward 1). Mr. Wysopal stated this is to award the contract to Land Pride Construction in the amount $243,026.50. APPROVED. 3. Approve Joint Powers Agreement between the City of Fridley and Anoka County for a Traffic Signal Reconstruction at County State Aid Highway 1 (East River Road) and County State Aid Highway 6 (Mississippi Street) (Ward 3). Mr. Wysopal stated the City's proportional share is projected to be $193,000 based on the engineer's estimate; and it is determined by State Aid policy as a formula. The County is the lead on this project and will know the City's contribution following those bids. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Approve 2017-2018 Liquor License Renewals. APPROVED. 5. Licenses. APPROVED. 6. Claims (176150— 176460). Councilmember Bolkcom asked what the $19,000 sign for Springbrook was for. Mr. Wysopal replied that is the sign at Springbrook. The donations were provided by Financial One Credit Union. That covers the cost of the sign and then some. Councilmember Bolkcom asked as to office/warehouse lease deposit what did they lease for $3,225. The vendor is Ellis SPE. Mr. Wysopal replied that is for temporary storage of Public Works equipment as a part of the City's reconstruction project. James Kosluchar, Public Works Director, replied the City has a lease for 4,200 square feet of interior space for material storage to be moved out as part of the demolition for the Municipal Center. They had to put a deposit down to secure the location. 16 FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2017 PAGE 8 Councilmember Bolkcom asked what the canine agility equipment for $11,000 was for. Mr. Wysopal replied his best guess would be it is for the supply and equipment they use to train the new canine the City just purchased. He said he would verify that with Chief Weierke. APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom requested that Item Nos. 1 and 3 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item Nos. 1 and 3. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Ken McConkey, Fridley resident, said he was there to be a statistic. It is getting to be some difficult times out there. He lives really close to the dog shooting that occurred last Friday. The block he lives on is infested with little kids. You shoot a gun, bullets bounce. He said he was a ranger in Vietnam. The way things are politically and nationally, it is going to be a long hot summer. People are thinking they are going to take things into their own hands. Mr. McConkey stated regardless of what laws are on the books, it always comes down to this capricious word, policy. What is Fridley's policy about when somebody gets stopped? Are the police allowed to ask them where they are from? Let me see your ID? Are you here legally? Do you have gang tattoos all up and down your body and, if so, we are going to kind of check you out. Or, is it, well, we cannot do that? Mayor Lund replied his first discussion should be with the Police Department and the Chief in particular. He does not know without looking at a policy manual exactly what is the policy. Every situation is different. Fridley's Police Department for the last year and a half has been on a really good track to be more engaged with the public. The police officers have really engaged the public in a number of different ways. In fact, they were sitting in their conference meeting earlier tonight getting an update from the Chief of Police. Mr. McConkey stated to Mayor Lund his opinion is the Police are serious about it and are on the right track. Mayor Lund replied there is no doubt about it. Our officers are excellent and they are very serious. They talk about de-escalation and other use of force equipment that is newer technology rather than using an actual gun. Every time they touch a person they have to complete a Use of 17 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 9 Force form so everything is documented very heavily. He asked Mr. McConkey if he wanted to know if the police could ask if someone was an illegal alien. Mr. McConkey asked if they are allowed to ask that in Fridley? Mayor Lund replied they do not ask that by policy. There is a lot of discussion at the State Legislature right now. Mr. McConkey said so Fridley is a sanctuary city. Mayor Lund replied, no, it was not. There was a lot of discussion about Real ID and one of the reasons why Minnesota has been a hold-out state, and there have been 46 or 48 states who have already accepted Real ID, is because there have a been a number of illegal people here who do not have the green card and they do not want to exclude those people all the time with ID. They do require they have ID to find out who they are dealing with. They will ask if you are an illegal alien only if it is appropriate for the situation. Mr. McConkey asked what an appropriate situation would be. Mayor Lund replied his first conversation should be with the Police Department. Attorney Erickson stated because it is a policy-driven type question and they do not have a manual in front of them, it is a conversation that is probably appropriate with Chief Weierke who has current policies. Mr. McConkey asked if the City Council controlled the attitude. He is fully aware that nowadays you cannot say anything about anybody because, if they belong to any group, if you point out the attitude of one person, you are indicting the entire group. Mr. Wysopal asked Mr. McConkey he could leave his name and number with Mr. Hickok and they can have Chief Weierke in touch with him. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 1 and 3. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 7. Receive Bids and Award Contract for the 2017 Street Improvement Project No. ST2017-01. 18 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 10 Jim Kosluchar, Public Works Director, stated this includes 1.9 centerline miles of street rehabilitation. About a quarter of a mile is full reconstruction, and the remainder is largely mill and overlay because of some very thick pavements. Mr. Kosluchar stated this is just north of 694, east of Highway 65, and west of Matterhorn. The mill and overlay is a 2-inch section and 6-8 inches of reclaim with 3.5 inches of asphalt. That is typical with the City's street projects. Watermain is on Hackmann, Fillmore, and Regis. They will have area-wide hydrant replacement as part of this project. Utility manhole and valve adjustment, storm sewer catch basin replacement, CenterPoint gas main replacement in certain segments, and a construction completion date of September 30. Mr. Kosluchar stated the project budget was $1.39 million. The final engineer's estimate was $1.037 million. They had a bid letting on April 19. They received four bids, and all four were below the estimate. The low bid was provided by Northwest Asphalt for $809,277. They did a back calculation on the assessment, and they are estimating a reduction of roughly $300 per single-family residential assessment or about 15 percent below their projections. Mr. Kosluchar stated Northwest Asphalt in Shakopee, Minnesota, has performed well as the general contractor on several recent street projects, including the 2016 street rehabilitation project in the Plymouth neighborhood. They did very well and finished on time even with some inclement weather that slowed them down a little bit. Mr. Kosluchar stated the sewer main and manhole spot repairs will be performed by City staff. In addition to the contractor's work, they will have some storm water quality upgrades that the City will be investigating and working on into the future. There is a treatment system in the middle of the project, and the City has begun a feasibility analysis with some Rice Creek Watershed District funding. They may have some ash tree removal under the EAB plan. They want to do that prior to the last pavement going down where they can. They will not include the Safe Routes to School improvements although they have laid those out and planned for them. Mr. Kosluchar stated staff recommends Council move to receive the bids for the street project and award it to Northwest Asphalt of Shakopee. If approved, staff will secure contracts with Northwest Asphalt after signature and obtain the necessary paperwork, hold a pre-construction meeting, and the property owners in the project area will be notified of the intended schedule. Some work was begun by CenterPoint this morning. Staff will be mailing out notice tomorrow with their initial notice of award on the project. Mayor Lund asked if this is the contractor from about five or six years ago the City had problems with. Mr. Kosluchar replied, no, it is not. MOTION by Councilmember Varichak to receive bids and award contract for the 2017 Street Improvement Project No. ST2017-01 to Northwest Asphalt, Shakopee, Minnesota, in the amount of$809,277.39. Seconded by Councilmember Barnette. 19 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 11 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Resolution Ordering a Negative Declaration on the Columbia Arena Area Redevelopment Environmental Assessment Worksheet (EAW). Scott Hickok, Community Development Director, the resolution is a decision of record on the EAW. The EAW is an Environmental Worksheet the City has prepared on the Locke Park Pointe development or the former Columbia Arena site. Through the analysis, a determination was made that the Environmental Worksheet would be adequate and that an Environmental Impact Statement (EIS) would not be required. Mr. Hickok stated the City is the responsible governmental unit and is responsible that the environmental elements of this project have been thoroughly considered, that they follow the State rules, and that it makes sure that if there is any sort of environmental impact on this development, the City does what is necessary to mitigate the impact. Mr. Hickok stated the City has had help from Amy Denz, from Wenck. With the City being the RGU, they wanted to bring on other experts to provide an objective view of the environmental issues on this site, and Ms. Denz has done that for the City. Mr. Hickok stated Council received a complete summary of the questions that were asked and also the answers the City provided which essentially draws to the conclusion that the environmental impacts on this site were not great enough to cause an EIS to move forward. Mr. Hickok stated originally they were talking about 1,142 residential units and maybe having units and selling air space above City Hall and Public Works and having a much more dense development. With that would come more trips. Traffic would have a different picture. Once the City had scaled back and understood better what the site would be in terms of an ultimate development layout, staff went back and revisited the EAW, giving the public another opportunity to make comments. Through that process, they contacted the EPA, the MPCA, the Army Corps of Engineers, and the Historical Society. They advertised and encouraged residents to respond and certainly answer any questions they have. Mr. Hickok stated there is a letter in the Council's packet from the Minnesota Historical Society that had asked about the City doing a survey. Jon Lennander, Assistant Public Works Director, did a phenomenal job of shepherding this EAW through the process and working closely with Ms. Denz. He wrote a letter in response to the Minnesota Historical Society's letter. Today Mr. Lennander received a letter from the Minnesota Historical Society, which should be received into the record. The letter says that after further analysis, they determined that a historical survey is not necessary. The ground was disturbed not once, but twice, since its origin, so artifacts that might have been there likely would not exist today. Mr. Hickok stated the Resolution essentially says that the EAW and findings of fact related to this documentation and process point to the fact that the findings, based on the Rules 4410.1700, the City of Fridley finds that the proposed Columbia Arena redevelopment does not have the 20 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 12 potential for significant environmental impacts; consequently, the City of Fridley issues a negative declaration on the Environmental Assessment Worksheet and does not require preparation of an Environmental Impact Statement for the Columbia Arena Area Redevelopment Project. Attached also they have comment letters, the City's responses back, Council meeting minutes, and the resolution for their consideration. Amy Denz, Wenck Associates, stated she has enjoyed working with the City staff. They did a thorough job because of the exchange of information. They were able to update the first EAW with traffic studies and new information and put it back out for public review and address comments they received the first time around in the second EAW. That helped minimize comments from the public the second time around. Councilmember Bolkcom said in the third paragraph of the Historical Society's letter, it says "Please note this comment letter does not address the requirements of Section 106 of the National Historic Preservation." The City is not asking for any federal financial assistance, so this is not an issue. Mr. Hickok replied that is correct. MOTION by Councilmember Saefke to receive the letter from the Minnesota Historical Society dated April 20, 2017. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked, as to page 81, the City is continuing to look at transportation facilities. They are addressing things here but know there is still a lot up in the air. Mr. Kosluchar replied there are a number of things to be addressed but they can all be addressed through permitting and then coordination. For example, transportation with the Met Council comment about bus service. How that works out depends entirely on what the private development is going to be and will really drive the need for Met Council coordination. Ms. Denz stated the EAW is essentially kind of the City's first step. It is an informative document to provide information to the decision makers. Once they have decided this is adequate with the resolution presented tonight, the next step would be working with the agencies on all the permitting. That is where all of the specific items are going to be sorted out. Councilmember Bolkcom asked once this resolution is passed, is there anyone who would come back and say, no, you guys are wrong and you need to do more? Mr. Hickok replied, from here what happens is the City will notify the Environmental Quality Board that Council has acted with this declaration and that they would publish. Somebody could upon publication, come back and ask questions on the EAW; but the point of this whole process was to enable the public to come in to speak and get their comments not only on record but have a solid response to it and recognition that, as they have said, this is a start to the process. After 21 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 13 this declaration has been published, that puts an end to the environmental study in terms of the study itself and then allows them to move forward with some of the other land use actions that are pending. According to State law, the City cannot move ahead with something like the plat until they have done the declaration and until Council has made a decision on the EIS. MOTION by Councilmember Barnette to adopt Resolution No. 2017-14. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Resolution Regarding the Acceptance of Property from the Fridley Housing and Redevelopment Authority. Scott Hickok, Community Development Director, stated this is also related to Locke Park Pointe. It is the approval of the land transfer from the Fridley HRA to the City Council. It is the intention of the HRA through this action to give the City's portion to the City. The new city hall will be built on property that the City currently owns and land will accommodate private development as well. Mr. Hickok stated in order to facilitate new construction and allow the future transfer of property, the City is going to replat the property into seven parcels. The new plat will carve out the lot needed for the municipal campus, the storm pond amenity, parkway, and areas to accommodate private development. Mr. Hickok stated it is staff's recommendation to have Council adopt the resolution accepting the parcel from the HRA. It facilitates platting to create lots needed by the HRA for development, and allows the City to break ground in May. MOTION by Councilmember Saefke Adopting Resolution No. 2017-15. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. Resolution Requesting a Variance from State-Aid Rule 8820.280, Subpart 2A, for Project ST2016-01 (MnDOT SAP 127-050-021). Councilmember Bolkcom asked if there was any chance MnDOT would not approve this resolution and, if so, what happens? Walter Wysopal, City Manager, replied this is MnDOT's proposal so he would assume this is moving forward based on their policies. Jim Kosluchar, Public Works Director, said this was requested by MnDOT and the language was already submitted to them in draft form. 22 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 14 MOTION by Councilmember Bolkcom to adopt Resolution No. 2017-13. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Approve Joint Powers Agreement between the City of Fridley and Anoka County for a Traffic Signal Reconstruction at County State Aid Highway 1 (East River Road) and County State Aid Highway 6 (Mississippi Street) (Ward 3). Councilmember Bolkcom asked if there will be a flashing left turn. Mr. Kosluchar replied he believed so. He anticipated her question but he was unable to reach someone who reads the electrical blueprints better than he can. He does see something in there that indicates it. He will get back to Council and let them know. Councilmember Bolkcom said this is an ongoing question people have. When they look at the number of cars that can get through there going both directions, it is one thing, she knows they always want to move the traffic on East River Road, but there still is that backlog of people. They have talked to the County engineers about stacking there and like two cars can get through and then two or three others go through after its red. Maybe they could also look at a traffic count when they are doing this. Councilmember Bolkcom referred to page 16. As to the second paragraph from the bottom, she asked whether this could go higher than $208,430? Mr. Kosluchar replied, yes, the project will be bid. They are hoping it will be bid below estimate and, in that case, their capital improvement allocation would be whole. The contingency there is our piece of the improvements is State Aid eligible. If it came in at $300,000 staff would have enough concern for rebidding and would encourage the County to do that and probably come back to Council for some recommendation or resolution to compel that. However, if it is a few thousand dollars over $200,000, the City can allocate State Aid allotment for the excess. Councilmember Bolkcom asked when this would happen and how long will it take. Mr. Kosluchar replied he thought it would take ten weeks, and they would start around June 1 or mid-June. Councilmember Bolkcom asked if there would be lane closures. Mayor Lund stated this is a county road north and south, and it is a county road, Mississippi, to the east. He assumed that is a city street to the west of that intersection. He said the City cost share is almost 50 percent. He asked why it was not less. 23 FRIDLEY CITY COUNCIL MEETING OF APRIL 24, 2017 PAGE 15 Mr. Kosluchar replied, it is actually a County policy, a County cost-share agreement. This is a long-standing policy, and he can tell him this has not been revamped in his tenure with the exception of maybe some language to clarify; but it is basically the same as it has been. He cannot tell him when it absolutely originated. He does not think it is atypical. He knows other cities have to abide with this policy as well. Mayor Lund stated unless the policy gets changed it is not really fair. Mr. Kosluchar replied, correct. One of the confusing things is if you have an intersection, 25 percent, it makes sense; but he reverts back to the County's policy where the local pays half the cost of each leg of the intersection regardless of whose jurisdiction it is and then the full cost of its own. He believed the reason for that is the County Road can survive without intersections, without the cross streets. Generally those are initiated by the cities. He kind of understands it but he likens it to a driveway. The driveway is the cost of the property owner, not the cost of the City; and the driveway apron and the curb cut and everything else that goes into creating a driveway that is an off-street access. Mr. Wysopal stated the formula for concrete curb and gutter is 50/50 between the County and the City and probably the majority of County roadways are rural. We, in southern part of Anoka County need to pay for curb and gutter that is not our road. However, because we are more of an urban environment that requires storm sewers, we have to pay for that curb and gutter. You can question that policy at the County level he believed. MOTION by Councilmember Bolkcom to approve the Joint Powers Agreement between the City of Fridley and Anoka County for a Traffic Signal Reconstruction at County State Aid Highway 1 (East River Road) and County State Aid Highway 6 (Mississippi Street) (Ward 3). Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Informal Status Reports. Councilmember Saefke stated on 41st Avenue and East River Road going south someone is laying pipe. He asked whose pipe it was? Mr. Kosluchar replied that is CenterPoint doing work. They must lay new pipe to get out of the way for new Met Council pipe. They will have a fourth Met Council project in fewer than four years and in probably two years that will be running a new 96-inch interceptor in front of Minneapolis Waterworks and along East River Road. • Councilmember Bolkcom asked Mr. Kosluchar to update them on the project with Met Council. Mr. Kosluchar replied the NEI5 project is the one over at Community Park, and the contractor should be mobilizing right now to get the final grading/seeding down. Basically clean up the 24 FRIDLEY CITY COUNCIL MEETING OF APRIL 24,2017 PAGE 16 fencing, take down temporary traffic control, and pave the Anoka County pathway around the pond. Mr. Kosluchar stated as to the project on 69th Avenue, that is wrapping up as well. They have a little more final repair work to do and take down their bypass piping, etc. Mr. Kosluchar stated largely the Springbrook project is done in Fridley. The majority of that project is in Coon Rapids and he does not know their status. Mr. Kosluchar stated the work on I-94 is also associated with the Community Park project. They will be bypassing for a while there. That piece probably will not be completed until mid- summer. Mr. Kosluchar stated people can go to the Met Council website for more current updates. Councilmember Saefke stated he sees they have started to build the bridge on I-694 and Main Street. He asked Mr. Kosluchar if he had a timetable for when that will be complete? Mr. Kosluchar replied they had a lane reduction on westbound 694. They expect that to flip over to the eastbound lanes next week. They need to do that for their crane to drive piles. The piles should be completed on the north side as of today. There is some additional work they have to do with pouring, etc. but the noisiest work on that north side will be done. The bridge setting itself is scheduled for approximately mid-July; and there will likely be an overnight, over the weekend, closure that will be a small portion of a day. It will be coordinated with the I-94 project which was not necessarily contemplated with this project. MnDOT is aware of it. Mr. Kosluchar stated he did get word Anoka County will be doing some paving on East River Road, north of Fridley, generally. It actually will encroach Fridley a little bit. You can also get construction updates from Anoka County's website. They will also try and post something on Fridley's website. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:47 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor 25 PLANNING COMMISSION MEETING April 19,2017 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: David Kondrick, Brad Sielaff, David Ostwald, Leroy Oquist, Mark Hansen,and Mark Heintz OTHERS PRESENT: Stacy Stromberg, Planner Scott Hickok, Community Development Director Brad Dunham, Round Lake Commons II Ryan Doodnauth,Passion Church, 7651 Hwy 65 NE Approval of Minutes: March 15, 2017 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Rezoning, ZOA #17-01, by Round Lake Commons II, LLC DBA Topwash, to rezone from C-3, General Shopping to C-2, General Business to allow the subject property to be redeveloped. The proposed new development will be for an express car wash use,generally located at 7699 Highway 65. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:01 P.M. 2. PUBLIC HEARING: Consideration of a Special Use Permit, SP #17-02, by Round lake Commons II, LLC DBA Topwash, to allow for a car wash use in a C-2, General Business zoning district, generally located at 7699 Highway 65. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:01 P.M. Stacy Stromberg, Planner, stated the petitioner, Brad Dunham, with Round Lake Commons II, is requesting to rezone the property at 7699 Highway 65 from C-3, General Shopping to C-2, General Business. The rezoning will allow for the redevelopment of this site with a new express car wash use. Ms. Stromberg stated the C-2, General Business zoning district requires that motor vehicle wash establishments obtain a special use permit. As a result,the petitioner is also requesting that application. 26 Planning Commission Meeting April 19, 2017 Page 2 of 10 Ms. Stromberg stated the property at 7699 Hwy 65 is zoned C-3, General Shopping and is bordered by Osborne Road to the north, Hwy 65 to the west and the Hwy 65 Service Road (aka Viron Road) on the south and east. The property was originally developed as the FrosTop Drive-In in 1964. It was then used as a miniature golf course during the late 1960's and 1970's. In 1981, Dr. Wayne Dahl purchased the property and remodeled the building to accommodate a chiropractic office. The use of the property has remained the same since that time. Ms. Stromberg stated in 1986 the Viron Road loopback road was constructed, which moved the frontage road from the west side to the east side of the subject property. Constructing that loopback road in turn created what is called a turn-back parcel. There are several of these turn-back type parcels within the City,which are those lots along major corridors that have roadways all around them. Ms. Stromberg stated over the course of the last several years, staff in conjunction with the property owners of these turn-back parcels have worked on getting them rezoned to a C-2, General Business zoning district which will allow them to be redeveloped. Examples of these recent rezonings include SuperAmerica and Tray's Outfitters at 73`d Avenue and Highway 65, and the old Citgo station site at University Avenue and 61st Avenue. With the exception of the subject property, the last remaining C-3, General Shopping turn-back parcel is 7890 University Avenue, which is the Taste of Thailand. At which point that property is redeveloped, a rezoning will likely need to be considered. Therefore, a rezoning of this property is consistent with the trends already seen along the major corridors of Highway 65 and University Avenue within Fridley; and it is consistent with the City's comprehensive plan. Ms. Stromberg stated the small lot size of this parcel will fit better with the C-2, General Business standards because, though, the lot size is in compliance with the C-3, General Shopping regulations, the 80-foot building setback requirement on all sides of the lot would not be attainable due to the lot size. Ms. Stromberg stated the City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The 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." This request will allow for the redevelopment of this property. Ms. Stromberg stated motor vehicle wash establishments are a permitted special use in the C-2 zoning district, provided they meet the necessary requirements, related to building and site requirements, subject to the stipulations suggested by staff. Ms. Stromberg stated the petitioner is proposing to construct a 3,840 square foot express car wash building that will be located along the southern portion of the lot. The proposed site plan shows (3) waiting lanes to pay and enter the car wash, going down to a single lane as you enter the car wash. Since the Planning Commission packet went out, City Planning and Engineering staff meet to review the proposed access points to the property. Staff has also meet with the petitioner and the access to the site has been modified. That modification includes removal of one of the accesses onto the east Service Road because it does create a vision issue for those people leaving the site when trying to look over there right shoulder when cars are coming around the corner. The City Engineer suggested just leaving the main driveway to the site as it is, and Mr. Dunham would like to consider using the access point off of Osborne Road to enter the site. Therefore, instead of two access points off the east side of the Frontage Road,they will just have one where you can enter and exit and then one off of Osborne Road which currently exists today. The southern access point will be removed. The City Engineer was okay with all those changes. 27 Planning Commission Meeting April 19, 2017 Page 3 of 10 Ms. Stromberg stated because this site is a turn-back parcel with roadways on all sides of it, meeting setback requirements on all sides is difficult; however,the petitioner has been able to achieve it. Ms. Stromberg stated the proposed site plan meets all performance standard requirements. Ms. Stromberg stated City Staff recommends approval of the rezoning as the proposed rezoning meets the goals highlighted in the 2030 Comprehensive Plan, which designates the site for redevelopment; and the proposed rezoning will allow the owner to economically utilize the site in a way that better suits its location, size and shape. Ms. Stromberg stated City Staff recommends approval of the special use permit; with stipulations as motor vehicle wash establishments are a permitted special use in the C-2, General Business zoning district Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached: 1. The petitioner shall obtain any required permits prior to the start of construction. 2. The petitioner shall meet all building, fire, and ADA code requirements. 3. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 4. The petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. 5. Landscape and Irrigation plan to be reviewed and approved by City planning staff prior to issuance of building permit. 6. The proposed architecture and architectural detail on the south elevation of the building shall be reviewed and approved by City planning staff prior to issuance of a building permit. 7. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Commissioner Sielaff stated are all the turn-back areas in the City that are proposed to be rezoned to General Business? How many has the City done so far? Ms. Stromberg replied, all of them are rezoned now to C-2, with the exception of the Taste of Thailand property. The big difference is the C-3 zoning district requires an 80-foot setback. It is for a shopping center. The C-2 requires a 35-foot setback which is more doable on a lot this small. Commissioner Oquist asked whether they need to add any stipulation regarding the signage, for both the road and for on the building? Ms. Stromberg replied, no, as the petitioner knows he needs to meet the Code requirements. Commissioner Oquist asked, also as to the existing chiropractic clinic, did that have a special use permit to be a on a C-3 property because that should have been zoned C-2 for them. Ms. Stromberg replied the site was developed in 1964 and just continued to be utilized as it is. The City isn't going to make a business go back and do a rezoning when they have been using the property as it is. 28 Planning Commission Meeting April 19, 2017 Page 4 of 10 Scott Hickok, Community Development Director, stated with the frontage road being around the Highway 65 side of the site,there was the potential that it could have been developed as a shopping center because it was not isolated as a parcel until, as Ms. Stromberg mentioned, in 1985-1986 timeframe that frontage road came around the back of it. Then it severed it from the larger site. It made sense as a larger shopping center type zoning at the time. When it got severed off,the C-3 zoning no long makes sense. Commissioner Heintz asked whether the entrance off of Osborne is just an outbound or inbound? Ms. Stromberg replied, it's a right-in and a right-out onto Osborne. Commissioner Heintz stated it seems with the three waiting lanes to get into the car wash, existing the site onto Osborne Road could get to be real congested on the property. Mr. Hickok replied, there was talk with the City Engineer about actually tailoring the entrance so that you cannot go the wrong way out of there. Frankly it becomes just a better right-in movement. Because crossing the median at that point, it is an odd location, and typically stacking at that intersection is going to cause you to not do that anyway. You are going to want to come out the proper direction. Commissioner Heintz stated, he is talking about the petitioner's property with the three lanes. To him it seems there should not be traffic going out there because then they are going to have to go into those three lanes to have to get out again, plus they have an easier exit. However, he would say that should be an entrance only if anything on that lane. Ms. Stromberg replied she would say, for example, she sees that if the business is not that busy, then there might be an option for people to then take that right-out. Commissioner Heintz stated he sees enough of that traffic on 57th and University with that entrance to SuperAmerica right there. There are a lot of near misses there with people turning right coming off of University or Central in this case. To him he does not see why they would even want people going out. They have a good turn out onto the frontage road. Chairperson Kondrick asked Commissioner Heintz whether his concern is people leaving? Commissioner Heintz replied, right, and besides they are going to have to go back into the wait lanes to go leave that way again. He does not know why they would need that to be an exit. Commissioner Hansen stated he shares Commissioner Heintz's concern but more so a concern just for potential of traffic stacking up on Osborne if it does become just so congested in the interior part of the site. With traffic waiting to get through or pay for their car wash could prevent inbound traffic and then stack up on Osborne which could create a dangerous situation. Chairperson Kondrick stated if you were going to get your car wash and you are going east on Osborne and you can go in there, and there are two or three cars there, your destination being the car wash, your logical thing to do is to keep on going around the corner and wrap around and go into the other main entrance if you will. Mr. Hickok replied, Chairperson Kondrick is right about that and practically speaking that is how they view that. He agrees with the comment made about SuperAmerica. They do have a minimum distance 29 Planning Commission Meeting April 19, 2017 Page 5 of 10 from the intersection, and this far would exceed the minimum distance from the intersection to allow you to go around the corner and get down Osborne a fair stretch. But for those sunny,midday Saturday's then it might actually stacked up in three queues, that will probably get used quite often. As an outbound opportunity though,there is not only a median that ends about that point; but there is a striped median that continues beyond that point that says, Right Only. Practically speaking it is going to be a right-in and a right-out. It is not designed with the taper that just lets it be an inward movement, but drivers should know and obey, when you are crossing a solid line, not to do that. There is a median and a painted separation which would mean you go out to the outbound, go out to an intersection that is meant to be an out. Commissioner Heintz stated he understands that and that is theory. However, in reality, they have to protect for that,too. There is no reason for somebody to drive back into the queue lanes to get out. Mr.Hickok replied,that he is not anticipating people doing that. Especially if it is stacked. Commissioner Heintz asked if they could put a sign there is No Exit as they get into the queue lanes - No Exit Onto Osborne Road. That way they would not think they could get out that way. Chairperson Kondrick stated for people who have their car washed, and they make a left and they are going to go all the way to the top and then make a right, Commissioner Heintz thinks they are going to do that as opposed to going out the normal way? He does not agree with him, but he can see his point. Brad Dunham, with Round Lake Commons II, stated they did not figure out about these exits until yesterday when the conversation came up as to what they are going to do. In conversations he thought that was going to be an entry only. This entry he thinks will actually help keep some of the congestion off the other exit because they will have people coming in and out of that location. Originally that is why they had two. The people who are trying to get out of the car wash a little quicker who are not waiting around and vacuuming. Mr. Dunham stated that second exit lane was a bad access and Public Works pointed that out so they eliminated that one,but the actual one at the top as an entry takes a little congestion off the other one. For the majority of the time that is not going to ever be an issue, but he is having a hard time anticipating they are going to use it as an exit ever. He thinks they talked about that in the meeting yesterday that they would not allow any turns out of it. It would not be an exit lane. He does not have any problem with a stipulation such as that. As an entrance he thinks it has a purpose because it does help get traffic off the intersection. They have a small tight road where they are turning onto the Service Road so he thinks having them both serves the property better. Commissioner Oquist asked Mr.Dunham if he heard him say they are going to put a"No Exit" sign? Mr. Dunham replied, yes, they talked about it. This entrance exists already. It was an in and out but, as far as usage, they had not had a chance to think this through entirely. They were pretty much in agreement and they had not known they had to think about it that much as far as exit, but he thinks an entrance only would work. They had not thought about it at all as an exit for all the obvious reasons they are all talking about. Chairperson Kondrick asked Mr. Dunham if he had any problems with the stipulations? 30 Planning Commission Meeting April 19, 2017 Page 6 of 10 Mr.Dunham replied, none whatsoever. Everything looks fine. They worked out the exit thing yesterday and how they were going to redo that. This way is fine for them. Commissioner Ostwald asked if this will be completely automated? Mr. Dunham replied it is a 120-foot express tunnel. They have one in Anoka on Round Lake Blvd. It is the same size tunnel and equipment. They offer washes from 6, 9, 12, 15, and $18. They generally move and process these people fairly quickly, and that is where the teller stations take care of it. The gate goes up and you go through. You can get in and out fast. That is kind of where the car washing industry is going, is a faster wash. Commissioner Heintz asked so he comes in and goes into the vacuum area first and then goes into the queue? Mr. Dunham replied,yes,he could, or he could wash first and go to the vacuums after. Mr. Hickok replied, the vacuum area is a two-way drive aisle though so they do not have to back out to get into the queue. They can drive out and it is designed to have the radius turn to get them back into the queue properly. They do not have to back out. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Ostwald. Chairperson Kondrick stated he is for this deal. This will be a good thing for that spot and they will get a lot of business there. Commissioner Oquist stated it seems it is pretty straightforward. Commissioner Heintz asked do they want to have a stipulation about the entrance only? Ms. Stromberg replied, it is up to the Commission. Chairperson Kondrick replied,that is okay. He does not want them going out that way anyway. Commissioner Heintz stated, right, make it an entrance only. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 7:26 P.M. MOTION by Commissioner Hansen approving Rezoning, ZOA #17-01, by Round Lake Commons II, LLC DBA Topwash,to rezone from C-3, General Shopping to C-2, General Business to allow the subject property to be redeveloped. The proposed new development will be for an express car wash use, generally located at 7699 Highway 65. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 31 Planning Commission Meeting April 19, 2017 Page 7 of 10 MOTION by Commissioner Oquist approving Special Use Permit, SP#17-02, by Round lake Commons II, LLC DBA Topwash, to allow for a car wash use in a C-2, General Business zoning district, generally located at 7699 Highway 65 with the following stipulations: 1. The petitioner shall obtain any required permits prior to the start of construction. 2. The petitioner shall meet all building, fire, and ADA code requirements. 3. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 4. The petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. 5. Landscape and Irrigation plan to be reviewed and approved by City planning staff prior to issuance of building permit. 6. The proposed architecture and architectural detail on the south elevation of the building shall be reviewed and approved by City planning staff prior to issuance of a building permit. 7. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 8. There shall be exiting of traffic from the site onto Osborne Road. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE MARCH 7, 2017, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING. MOTION by Commissioner Heintz receiving the minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE FEBRUARY 7, 2017, HOUSING AND REDEVELOPMENT COMMISSION MEETING. MOTION by Commissioner Sielaff receiving the minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok gave a presentation regarding the new Fridley civic center. The community meetings regarding the development said this cannot just be a development, it has to be grand. This new civic center will be a very nice development that will really represent the City well. Commissioner Heintz asked whether the glass on the city hall building would be bird safe? 32 Planning Commission Meeting April 19, 2017 Page 8 of 10 Mr. Hickok replied, bird safe is an alternate in the bidding process. This is a very nice building and is one they have tried very hard to keep within the budget that was given. Chairperson Kondrick asked whether a lot of attention was spent on energy saving/conservation or heat sources that are going to be efficient, etc.? Mr. Kondrick replied when the City was selecting its architects they said, although certification is a very expensive process, in this design they essentially want to lead in energy-conserving elements whether they went for certification or not. The architects have done that. There are a number of different degrees of efficiency you can buy as you can imagine in a building like this, and there is not one element in here that would be the standard. They have taken it at least one step further from the Code minimum in all areas. Mr. Hickok stated it will be an efficient building. Everything in it will be efficient lighting, efficient in terms of energy use. As to furnaces one of the interesting things they learned is sometimes the more efficient they are,the more flimsy or delicate they are;and the life expectancy is not as long. You have to weigh out the efficiency to the life expectancy as you are figuring it out. The City was involved in Xcel Energy's efficiency design program whereby they will probably get back somewhere in the neighborhood of$100,000 in rebates because of the efficiency and design. Mr. Hickok just to give them a little bit of an idea for the schedule on this, the staff did go through an environmental assessment worksheet. They actually went through the notification period and the public comment period twice because they might remember a while back they talked about more residential. They reduced the number of potential units almost in half for the private side of the development. Nonetheless things like traffic and density on the site are all things they want to consider and are things also considered in an EAW. There were no flags causing the City to go into an EAS that were identified through this process. Mr. Hickok stated the 30-day comment period ended on the 12t. Staff received a few comments and answered the questions efficiently. There was a question about doing an archeological analysis. After further discussion with the State historical folks,they have now determined they do not need to do that. Mr. Hickok stated on April 24 the Council will consider the EAW completion and potentially pass a resolution of no further action. At which point then on May 8 the City would publish the EQB Monitor. The Commission is going to be involved very soon in the preliminary plat on their May 17 agenda. That would separate out the civic piece from the private development piece for a number of reasons. As for the land ownership reason, they are now entering into a partnership with a private developer so they want to set aside the civic piece. They want to turn it right around and get it to Council and their surveyors that work with the County to be able to turn it around in a final platform to the Council on May 24. Mr. Hickok stated they will be seeing a rezoning also, S-2 redevelopment, to accompany that private development that will happen on the south side of the pond. Remember that is predicated on a master plan, and they have to get to that point of having the master plan from the developer before they can have the Commission consider that. Mr. Hickok stated construction on the civic side will begin in May. Groundbreaking is on May 20. They will have a town hall meeting following for citizens to come in. The construction would take place from May to November 2018. 33 Planning Commission Meeting April 19, 2017 Page 9 of 10 Mr. Hickok stated as to the private side, staff did send out RFQ's in February soliciting proposals for potential partners for the private development south of the pond. On March 2 the HRA interviewed each of four RFQ respondents. On March 7 staff interviewed the top two teams to determine who they would recommend to the HRA. On March 9 the HRA selected a group called "Flaherty & Collins" out of Indiana and are in the midst right now of negotiation of a private and public partnership for that portion of the development. Mr. Hickok stated Flaherty & Collins are a very impressive group. They consider themselves a high amenity or amenity-rich development. They see this site as something very special. They are creating a place, not just buildings for a civic use and something for private use. This is something where people are going to come in and enjoy. Fridley is going to enjoy this as their town square. This is the group that did the 2700 on University. Himself, Ms. Stromberg, and Mr. Bolin went and visited Flaherty& Collins staff at the site; and he has to say it is very impressive. It is amenity rich. Chairperson Kondrick asked whether the Police Department is going to have a jail? Mr. Hickok replied,they will have what is called a sally port. They have one here also, but this one will be far more technologically advanced. All their squads will be down below city hall. Typically the City's holding is for a short stay before they go to the county facility. The police will bring somebody in and go down into the lower level of the garage. There is this sally port in a fenced area, so the police vehicle goes into the fenced in area, the fence closes, and the person comes out. Then persons are processed once they get through the doors down there. They have great evidence rooms and great processing rooms. Commissioner Sielaff asked whether there was a plan for disposing of the current city hall? Mr. Hickok replied, yes, it is for sale. They are anxious to get the property back on the tax rolls. It has great opportunity. Commissioner Sielaff asked whether the property is officially on the market now? Mr.Hickok replied,no, it is not. Commissioner Sielaff asked will there be a time it will be on the market? Mr.Hickok replied,they will time it so it is ready and there is a lot of due diligence they need to do first. There is a very interesting patchwork of a plat that is under the building. The HRA owns the land underneath the parking lot of the building next door. It owns the land out the front half of the parking lot on the University Avenue side. There will be an opportunity once it gets on the market to put this to good use for something other than a civic use. ADJOURN: MOTION by Commissioner Oquist to adjourn. Seconded by Commissioner Heintz. 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U N N M rn M V Cr V V V V V a V V aV V V V ,O CD 10 ,D ,0 t0 N N N N Q O cltoO R C V 7 v N . to O E N V n 66 Allay AGENDA ITEM OMNI f i �rer Fridley CITY COUNCIL MEETING OF MAY 8, 2017 Date: May 3,2017 To: Walter T.Wysopal, City Manage1,67, From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Public Hearing of the Ordinance for Rezoning,ZOA#17-01, Brad Dunham,with Round Lake Commons II for 7699 Hwy 65 NE REQUEST The petitioner, Brad Dunham,with Round Lake Commons II, is requesting to rezone the property at 7699 Hwy 65 from C-3,General Shopping to C-2,General Business. The rezoning will allow for the redevelopment of this site with a new express car wash use. The current zoningof C-3,General Shopping imposes several Jnr <s� Pp g P a- requirements that make redevelopment of the site difficult. 0 ""' t'. ' t ' •a This property is a turn-back parcel within the City that has a 0 roadway on all sides of it. Over the last several years,they ry City, in conjunction with different property owners, has been , bringing rezoning requests before the City Council for ; approval,so these smaller lots can be redeveloped. " ` - #' The C-2, General Business zoning district requires that motor vehicle wash establishments obtain a special use permit. As ' 7.,fl a result,the petitioner is also requesting that application, _ , which will go before the City Council on June 12, 1017 at the , � I SI -r" , , 1, same time the second reading of the rezoning ordinance will be held. PLANNING COMMISSION RECOMMENDATION At the April 19, 2017, Planning Commission meeting,a public hearing was held for ZOA#17-01 and SP #17-02. The Planning Commission had a lengthy conversation relating to the entering and existing of the site. The Commission felt like the access off of Osborne Road should either be eliminated or be an entrance only. Mr. Dunham was agreeable to that and as a result the Commission added a stipulation to the special use permit request stating, "The access off of Osborne Road shall be an entrance only." The Planning Commission then recommended approval of rezoning,ZOA#17-01 and special use permit,SP #17-02. THE MOTION CARRIED UNANIMOUSLY. 67 The site plan isn't attached to the rezoning request, however the most current site plan has been attached for your review. Further discussion on the site plan and use will be reviewed when the special use permit goes before the City Council. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council hold a public hearing for Rezoning Request,ZOA#17-01 during the May 8, 2017 City Council meeting. 68 City of Fridley Land Use Application 1 ZOA#17-01 and SP#17-02 April 19, 2017 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Round Lake Commons II, LLC The petitioner, Brad Dunham is requesting to Brad Dunham rezone the property at 7699 Hwy 65 from C-3, 2407 109th Avenue NE General Shopping to C-2,General Business. Along Blaine MN 55449 with the rezoning,the petitioner is also requesting Location: a special use permit to allow a car wash use on the 7699 Hwy 65 NE subject property. Requested Action: SUMMARY OF ANALYSIS Rezoning from C-3 to C-2 City Staff recommends approval of the rezoning. Special Use Permit to allow a car wash • Proposed rezoning meets the goals highlighted Existing Zoning: in the 2030 Comprehensive Plan, which C-3,General Shopping designates the site for redevelopment Size: • Proposed rezoning will allow the owner to 39,106 sq.ft. .90 acres economically utilize the site in a way that better Existing Land Use: suits its location,size and shape City Staff recommends approval of the special use Chiropractic Office permit; with stipulations. Surrounding Land Use&Zoning: ■ Motor vehicle wash establishments are a N: Spring Lake Park permitted special use in the C-2,General E: Office&C-3 Business zoning district S: Fast Food Restaurant&C-3 W: Hwy65& ROW Comprehensive Plan Conformance: �." Future Land Use Map designates this area as Redevelopment Legal Description of Property: See attached boundary survey _ Zoning History: ' s • Lot hasn't been platted • 1964—Original building constructed 4 • • 1987—Building addition „ Sykfc Public Utilities: Existing building is connected,so utilities are available Transportation: Aerial of Subject Property The property is currently accessed from Council Action/60 Day Date Osborne Road and Service Road Rezoning: Physical Characteristics: City Council Public Hearing—May 8,2017 Building, hard surface parking areas,and City Council 15L Reading—May 22,2017 green area City Council 2nd Reading—June 12,2017 Special Use Permit: City Council Review—June 12,2017 60 Day Date—May 15,2017 60 Day Extension Date—July 13,2017 Staff Report Prepared by: Stacy Stromberg 69 , Land Use Application Rezoning #17-01 and Special Use Permit #17-02 REQUESTS The petitioner, Brad Dunham,with Round Lake Commons II, is requesting to rezone the property at 7699 Hwy 65 from C-3,General Shopping to C-2,General Business. The rezoning will allow for the redevelopment of this site with a new express car wash use. The C-2, General Business zoning district requires I-. ' a ' { that motor vehicle wash establishments obtain a �" ' I :' 163 special use permit. As a result,the petitioner is also = mti �. g:: requesting that application. The current zoning of C-3,General Shopping a ,' imposes several requirements that make redevelopment of the site difficult.This property is a f i'.4-0{ ,_,4„,, ,� l i -; turn-back parcel within the City that has a roadway t� ._ on all sides of it. Over the last several years,the .Cit , in conjunction with different property owners, has been bringing rezoning requests before the City 114 r _ - ' Council for approval,so these smaller lots can be ,_ ,p, e �x redeveloped. _ . q � HISTORY AND REZONING ANALYSIS The property at7699p p y Hwy65 is zoned General C-3, Shopping and is bordered by Osborne Road to the north, Hwy 65 to the west and the Hwy 65 Service Road (aka Viron Road)on the south and east.The property was originally developed as the FrosTop Drive-In in 1964. It was then used as a miniature golf course during the late 1960's and 1970's. In 1981, Dr.Wayne Dahl purchased the property and remodeled the building to accommodate a chiropractic office. The use of the property has remained the same since that time. f '* t"'" `" �° " �' ''e In 1986,the Viron Road loopback road was ,. i!' constructed,which moved the frontage road ' { .. ,4° �_ from the west side to the east side of the `" ° 11, i k , subject property. Constructing that loopback ' ' ; i road, in turn created what is called a turn-back Iii � parcel. There are several of these turn-back '''30,1,,'- w - ' --- type parcels within the City,which are those lots -" S ;" - "7,--- - - ` along major corridors that have roadways all � n around them. 2 4 � � Over the course of the last several years,staff in It 1conjunction with the property owners of these '' 1985 Aerial turn-back parcels have worked on getting them rezoned to a C-2,General Business zoning district which will allow them to be redeveloped. Examples of these recent rezoning's includes, Super America and Tray's Outfitters at 73rd 70 , Avenue and Hwy 65, and the old Citgo station site at University Avenue and 61st Avenue. With the exception of the subject property,the last remaining C-3,General Shopping turn back parcel is 7890 University Avenue,which is the Taste of Thailand. At which point that property is redeveloped,a rezoning will likely need to be considered. 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 small lot size of this parcel will fit better with the C-2,General Business standards because,though, the lot size is in compliance with the C-3, General Shopping regulations,the 80 ft. building setback requirement on all sides of the lot would not be attainable due to the lot size. 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." This request will allow for the redevelopment of this property. SPECIAL USE PERMIT ANALYSIS Motor vehicle wash establishments are a permitted special use in the C-2 zoning district, provided they meet the necessary requirements, related to building and site requirements,subject to the stipulations suggested by staff. The petitioner is proposing to construct a 3,840 sq.ft.express car wash building that will be located along the southern portion of the lot. The proposed site plan shows(3)waiting lanes to pay and enter the car wash,going down to a single lane as you enter the car wash. The petitioner is proposing to ° -- remove the existing access from } _. - - Osborne Road and southern Hwy if 3 x __ - ' 65 Frontage Road. Two new ; accesses will be constructed along the east side of the Hwy 65 r i .TTiF-1-1 x .F'\ , Frontage Road. One will serve A , ... ., 1 • those that want to leave the site _-- �-- —. t after the car wash,while the t -v other will allow the customer to access the on-site vacuums ----,-. V\;-,1--,f-fullti„, -.1 -,,,N., ,, -,,,,11,77;, ' i 1 before exiting the site. 1 .. , --, ..x_ ' - -' �`� Because this site is a turn-back parcel with roadways on all sides of it, meeting setback _ . requirements on all sides is difficult; however the petitioner has been able to achieve it. The proposed site plan meets all performance standard requirements. To date,City staff hasn't heard from any neighboring property owners. 71 MEN STAFF RECOMMENDATION City Staff recommends approval of the rezoning. • Proposed rezoning meets the goals highlighted in the 2030 Comprehensive Plan, which designates the site for redevelopment • Proposed rezoning will allow the owner to economically utilize the site in a way that better suits its location, size and shape City Staff recommends approval of the special use permit;with stipulations. • Motor vehicle wash establishments are a permitted special use in the C-2, General Business zoning district STIPULATIONS Staff recommends that if the special use permit is granted,the following stipulations be attached. 1. The petitioner shall obtain any required permits prior to the start of construction. 2. The petitioner shall meet all building,fire, and ADA code requirements. 3. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 4. The petitioner shall satisfy Rice Creek Watershed requirements prior to issuance of a building permit. 5. Landscape and Irrigation plan to be reviewed and approved by City planning staff prior to issuance of building permit. 6. The proposed architecture and architectural detail on the south elevation of the building shall be. reviewed and approved by City planning staff prior to issuance of a building permit. 7. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 8. The access off of Osborne Road shall be an entrance only. 1 72 1 1 20 7 ` 1::.1 '---------7T----\ \ ‘I . � n � I k 25a 1 g CENTRAL AVE. \ I JD'-0" 20'-0- 25'-0' 2041 tr-0.12'-0.12'-U- 2 2./ NO'13'L "W 233.03' I RFT/MNG NL SEE OW. F-7---- gg ,--iitir-..,,, .7171T. '4- . . si.'-.--1- ANE 17) N _ I i A y ,:::,;1::,::.:;::::. `;,{ , .\� �- "ill m 1:11-1(1) °z �• .0 _it MT �. o, Z `' n Ai e C2 i a •i::gi a' ia�`lii T ! m g.u;j I t• il.:,. n ai�u I"fi I Ir EI —i • ;�• Zo _ I1 ,11 IM'' °io r2 E% n :: •l I:i a a jy I d 4� I. v o �:% F i' �— ✓ I I ��f• •,;a`• I. 11• 0 ,�"/ . 4 q H to to ell .r I IL0-- kik E1 !y fg ii_______NMI, - --- -- - J SO'15'55"E 233.04' 4 VIRON ROAD m'"3o t s1R• g4g ~ 7 u;I N0 Aa• 04 ti DA It'p N.9152 CAR WASH FOR: SITE PLAN s-"W: CONSTRUCTION CONSULTANTS, INC. ri...: WASH ON CENTRAL L.L.C. 1 001TINU 0R2 dote//b/'� r N. ^' 6433 RYAN AVE.SOUTH trawn waJ tlhRckb CENTRAL AND MINNESOTA E ROAD MINNEAPOLIS,MN 55435 EeN4M = FRIDLEY.MINNESOTA (812)996-1690 oNckwxymOod.cpn 73_ . ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRII)LEY,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 City Code is amended hereinafter as indicated. SECTION 2. The tracts or areas within the County of Anoka and the City of Fridley and described as: 7699 Hwy 65 NE; legally described as: The North 233 feet of the West 230 feet of the Northeast Quarter of the Northwest Quarter and that part of the North 233 feet of the Northwest Quarter of the Northwest Quarter lying Easterly of said Highway No. 65 as the same is now laid out and constructed all in Section 12,Township 30,Range 24,Anoka County,Minnesota,and subject to the rights of the public over the North 33 feet and over the West 30 feet thereof for highway and driveway purposes,Anoka County,Minnesota. Is hereby designated to be in the Zoned District C-2 (General Business) SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-3 (General Shopping)to C-2(General Business). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12th DAY OF JUNE,2017. SCOTT J.LUND—MAYOR ATTEST: DEBRA A. SKOGEN—CITY CLERK Public Hearing: May 8,2017 First Reading: Second Reading: Publication: 74 Sun Focus I Notice of Public Hearings-CITY OF FRIDLEY Page 1 of 2 Public Notices Notice of Public Hearings - CITY OF FRIDLEY Published April 7,2017 at 9:31am PUBLIC HEARING BEFORE THE PLANNING COMMISSION AND CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E.on Wednesday,April 19, 2017, at 7:00 p.m. The public hearing of the Fridley City Council meeting will be on Monday, May 8, 2017, at 7:00 p.m. at Fridley Municipal Center, 6431 University Avenue N.E. For the purpose of Consideration of a Rezoning, ZOA#17-01,by Round Lake Commons II, LLC DBA Topwash, to rezone from C-3, General Shopping to C-2,General Business to allow the subject property to be redeveloped.The proposed new development will be for an express car wash use, legally described as the north 233 feet of west 230 feet of northeast one quarter of northwest one quarter of Section 12,Township 30, Range 24, together with vacated road, except roads, subject to easement of record, generally located at 7699 Highway 65. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place.Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572- 3500 no later than April 12, 2017, for Planning Commission and May 1, 2017, for the City Council meeting. The TDD number Is 763-572-3534. DEBRA A. SKOGEN CITY CLERK https://focus.mnsun.com/2017/04/07/notice-of-pub1i751earings-city-of-fridley-41/ 4/11/2017 Sun Focus I Notice of Public Hearings—CITY OF FRIDLEY Page 2 of 2 CITY OF FRIDLEY Published in the Columbia Hgts-Fridley Sun Focus April 7, 2017 671427 Filed Under:Notice of Public Hearings occas Advertising informationSubscribe! Contact Usf Newsstand Locations!Jobs&Classifieds Copyright©2017 ECM Publishers,Inc.•All Rights Reserved https://focus.mnsun.com/2017/04/07/notice-of-pub176hearings-city-of-fridley-41/ 4/11/2017 AGENDA ITEM ` ° CITY COUNCIL MEETING OF Fridley MAY 8, 2017 To: Wally Wysopal, City Managed 4 From: Shelly Peterson, Finance Director Date: May 4, 2017 Re: Resolution declaring the structures located at the new civic campus site as surplus and authorizing their demolition Background In preparation of the new Civic Campus scheduled to break ground in May, the city needs to clear significant portions of the site. In total, three structures will ultimately need to be demolished. The fire training and police forfeiture structures will need to come down prior to construction. The Public Works structures will be demolished at a lateroint in time and, in fact,will occur in p phases as to not significantly interrupt City operations. The fire training facility tower was built in 1997 and has an original value of$210,300. This structure is not fully depreciated and staff anticipates recording a loss on the asset of approximately $49,000. The Council has already approved the dissolution of the training agreement with the JPA—Fire Training Association with Brooklyn Center, Spring Lake Park, Blaine and Mounds View in anticipation of this project. Because the Fire Training Association has been dissolved,the City has no use for the structure. In an effort to repurpose this structure, Fire Chief Berg reached out to our surrounding communities to see if there was any interest in dismantling and relocating. While there was some interest, no organizations came forward to purchase the property. After months of research and discussions, staff is recommending the demolition of this structure. The police forfeiture vehicle structure was built in 2014 and was paid for with drug and alcohol forfeiture money. This structure has not reached full depreciation and staff anticipates recording a loss on the asset of approximately$122,500 in 2017. Chief Weierke reached out to Ameripride, the vendor who built our pole structure, inquiring on our options to avoid the cost of demolition and find a way to repurpose the structure. Ameripride contacted others in their industry and also assisted the City in listing the property on Craigslist. After several months it was determined the cost to dismantle and rebuild would exceed the cost of a structure new. The City received two estimates to demolish and remove the materials. The first quote came in at$32,500 from a local recycling vendor,the second quote was from our construction manager. McGough has agreed to take down the structure at cost of$6,000. 77 The Public Work Facility was built in 1967 and expanded over the years with the last addition in 2003. Several cold storage structures and a carpenter shop were added in the time between additions. The structures have a combined acquisition value of$1,321,100 and are not fully depreciated. Staff anticipates recording a loss on the assets of approximately $371,000 in 2017. The plans are to demolish the existing structures to make way for the new fully-enclosed public works facility and future private development. Structures will be demolished in phases to provide the least amount of disruption to City public works operations. The accounting entry necessary to dispose of these assets is a booked entry. It does not mean the City needs to cover the loss,these assets are paid in full. Recommendation Staff recommends Council declare all the structures located at the Civic Campus site as surplus structures and authorize their demolition by adopting the resolution included with this memo. 78 RESOLUTION NO.2017- A RESOLUTION DECLARING THE STRUCTURES LOCATED AT THE NEW CIVIC CAMPUS SITE AS SURPLUS AND AUTHORIZING THEIR DEMOLITION WHEREAS, the City must remove all the existing structures located at the new civic campus site in order to redevelop the new civic campus for City Hall use and for private development. The existing structures are identified as the fire training, police forfeiture and the public works structures located at the New Civic Campus site identified as 7071 University Ave NE (unassigned PIN) and 400 71st Ave NE (PIN 11-30-24-34-0002) ; and, WHEREAS,the City has attempted to salvage, sell, repurpose and recycle these structures or any parts of these structures prior to considering their demolition; and, WHEREAS, the attempts made to salvage, sell, repurpose or recycle were unfeasible and unsuccessful; and, WHEREAS, because of the unfeasibility and inability to repurpose or recycle the structures, it has been determined these structures are to be demolished and removed from the site in order for construction to begin on the site and to prevent any delays in the overall project; and NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY DECLARES THE STRUCTURES LOCATED AT THE NEW CIVIC CAMPUS SITE AS SURPLUS AND AUTHORIZES THEIR DEMOLITION THIS 8TH DAY OF MAY,2017. SCOTT J. LUND, MAYOR ATTEST:I DEBRA A. SKOGEN, CITY CLERK 79 s AGENDA ITEM medley CITY COUNCIL MEETING OF MAY 8, 2017 INFORMAL STATUS REPORTS 80