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CCA 06/11/2018 `'"�`d ley CITY COUNCIL MEETING OF JUNE 11 , 2018 Fri The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) CONFERENCE MEETING (6:00 p.m.) 1. Parks & Recreation Updates. 2. Feeding Wild Animals. PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting of May 29, 2018 1 - 7 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of May 16, 2018 8 - 14 3. Variance Request, VAR #18-01, by Archnet, Inc., on behalf of the Property Owner, GMROI, LLC, to Allow the Construction of a Canopy for a Customer Pick-Up Area Along the North Side of the Building, that will Encroach into the Front Yard Setback 11 Feet, 7 Inches, Instead of the Code-Required 25 Feet, Generally Located at 5353 East River Road N.E.; and Resolution Approving Variance, VAR #18-01, to Allow a Canopy to Encroach into the Front Yard Setback 11 Feet, 7 Inches, at 5353 East River Road N.E., Petitioned by Archnet, on Behalf of the Property Owner, GMROI, LLC (Ward 3) 15 - 30 FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2018 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Special Use Permit Request, SP #18-02, by Archnet, Inc., to Allow a Building Addition that will Increase the Lot Coverage from 40% to 49.2%, Generally Located at 5353 East River Road N.E. and Resolution Approving Special Use Permit, SP #18-02, for Archnet on Behalf of the Property Owners, GMROI, LLC, and Patricia Paraschuk, for the Properties Located at 5353 East River Road NE, and Parcel ID Number (PIN) 22-30-24-43-0009 (Ward 3) 31 - 39 5. Resolution Appointing an Absentee Ballot Board for the 2018 Election Cycle 40 - 41 6. Approve a Pollbook Use Agreement for Elections between the City of Fridley and the County of Anoka 42 - 47 7. Approve Revised Construction Cooperation Agreement between the City of Fridley and Metropolitan Council Environmental Services for Restoration of Community Park (Ward 3) 48 - 51 8. Receive the 2017 Single Audit Financial Report and Audit Review 52 9. Claims (181014-181181) 53 - 77 FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2018 PAGE 3 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA: OLD BUSINESS: 10. Second Reading of an Ordinance Repealing and Replacing Chapter 125 of the Fridley City Code Related to the Licensing of Massage Therapy Businesses and Massage Therapists; and Adopt Official Title and Summary Ordinance 78 - 94 PUBLIC HEARINGS: 11. Consider the Revocation of Special Use Permit, SP #07-01, to Allow an Auto Recycling Center (Junk Yard) in M-1, Light Industrial Zoning District, Generally Located at 1230 — 73`d Avenue N.E., 1240 — 73 1/2 Avenue N.E., and 7340 Central Avenue N.E. (Ward 2) 95 - 99 12. Consider the Creation of Tax Increment Financing (TIF) District No. 24 — Northern Stacks VIII (Ward 3) 100 - 118 NEW BUSINESS: 13. Resolution Modifying the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 6, 9, 11-13 and 17-23, to Reflect Increased Project Costs and Increased Bonding Authority within Redevelopment Project No. 1, Creating Tax Increment Financing District No. 24 and Adopting a Tax Increment Financing Plan Relating Thereto (Ward 3) 119 - 128 FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2018 PAGE 4 NEW BUSINESS (CONTINUED): 14. Preliminary Plat Request, PS #18-03, by Cornerstone Private Asset Trust Co., LLC, FBO Gary Valley, to Subdivide One Large Single-Family Lot to Create Three Single-Family Lots, Generally Located at 6663 Lucia Lane N.E. (Ward 2) 129 - 140 15. Final Plat Request, PS #18-02, by Pulte Homes, to Replat the Properties, Generally Located at 6911 University Avenue and the Vacant Parcel to the East to Allow for the Construction of 26 Villa Homes; and Resolution Approving Final Plat, P.S. #18-02, by Pulte Homes, on Behalf of the Property Owner, the City's Housing and Redevelopment Authority, to Allow the Construction of Villa Homes on the Property, Generally Located at 6911 University Avenue N.E. and Parcel ID Number (PIN) 11-30-24-34-0014 (Ward 1) 141 - 142 16. Approve Locke Pointe Development Contract between the City of Fridley and Pulte Homes (Ward 1) 143 - 157 17. Motion to Suspend Individual Massage Therapy Licenses 158 - 159 18. Informal Status Reports 160 ADJOURN. arr Fridley FRIDLEY CITY COUNCIL MEETING OF JUNE 11, 2018 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. aZO /6‹z-ie-e_ /, /v4-: ogy Ps[(kik Cry 1e NfC e_uvLatL t(A. E i_L LA..c,.-,A r f L ,I \\.A.,k's LG, �aNeer C. R i c P40 G E-r -1500 F17iJ o CL-640 &lire Olt [qc,N Rive, 15 l PA-7- 14 , ,e 73yd 73 Air .MA4 t Dau-e Croevtewe 1 2-13 ) 3 ( Ze • Fridley l ' ru--.2 4 S-20 L. uC a ,tO -c 51A-7 Al (x..;,1.5 g0 f `-a- i V �4 c & S4 r kle / C /o L 7 7 ( nRb H ' Ay CITY COUNCIL MEETING CITY OF FRIDLEY MAY 29,2018 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Scott Hickok Community Development Director James Kosluchar, Public Works Director Deb Skogen, City Clerk Dave Mol, Redpath and Company Brandon Brodhag, Civil Engineer APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: 1. City Council Meeting of May 14,2018. Jay Karlovich, City Attorney, noted the date on page one of the minutes should reflect May 14, not May 15. APPROVED AS AMENDED. NEW BUSINESS: 2. Resolution Scheduling a Public Hearing on June 25, 2018, on a Proposed Amendment to Fridley City Charter, Chapter 8, Public Improvements and Special Assessments and Directing Publication of the Text of the Ordinance in Full. ADOPTED RESOLUTION NO. 2018-24. 3. Resolution Repealing and Replacing Resolution No. 2018-14 Considering a Comprehensive Plan Amendment, CP #18-01, to Update the Economic and Redevelopment Chapter of the Fridley 2030 Comprehensive Plan. ADOPTED RESOLUTION NO. 2018-25. 1 FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 2 4. Receive Bids and Award the Locke Parkway Construction Project No. 2018-02. RECEIVED BIDS AND AWARDED CONTRACT TO LOCKE PARKWAY CONSTRUCTION PROJECT NO. 2018-02. 5. Claims (ACH PCard 1805; 180860 - 181013). APPROVED. ADOPTION OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to adopt the proposed consent agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: No one from the audience spoke. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 6. Receive the 2017 Comprehensive Annual Financial Report and Audit Review. Dave Mol, Redpath and Company, presented the 2017 Comprehensive Annual Financial Report and Audit Review. Councilmember Bolkcom asked when the audit related to federal funds would be completed and presented to Council. Wally Wysopal, City Manager, replied that it would come before Council for review and acceptance very soon. The field work is completed and waiting for final review. He thanked staff for all their work preparing for this audit. MOTION by Councilmember Bolkcom to receive the 2017 Comprehensive Annual Financial Report and Audit Review. Seconded by Councilmember Saefke. 2 FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 3 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 7. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2018 Street Rehabilitation Project No. ST2018-01 (Continued May 14,2018). MOTION by Councilmember Varichak to remove the resolution from the table. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Brandon Brodhag, City Engineer, said this item was tabled at the May 14 City Council Meeting. The resolution directs preparation of final plans and specifications and authorizes the advertisement for bids for the 2018 Street Rehabilitation Project No. ST2018-01. The City's Capital Investment Plan includes rehabilitation of 69th Avenue from Central Avenue to Stinson Boulevard and along Anoka Street from 69th Avenue to South Terminus. The total project length is approximately 0.65 miles. The existing roadway is 52 feet on the east end and 60 feet on the west end where there are turn lanes. This road was widened in anticipation of high traffic volumes to and from New Brighton as part of the Medtronic development. Traffic volumes on the roadway do not support the need for such a wide road section. The average annual daily traffic is 2,800 vehicles on the west end near Medtronic. The roadway connects to Ramsey County Road H at the eastern City limits, which is 32 feet wide, curbed on one side, with 4 feet shoulders (12-foot lanes) and no parking. Mr. Brodhag said the proposed section for 69th Avenue on the eastern portion is similar with 28 feet wide, curbed on both sides with 2-foot unmarked shoulders and 12-foot lanes. This would reduce pavement by 24 feet along the entire corridor. On-street parking would be eliminated. Turn lanes would remain on the west end to serve Medtronic Parkway and Siverts Lane. The trail is proposed to be moved to the south side of the roadway, and a stormwater treatment swale will be constructed between the trail and the roadway. Mr. Brodhag stated in addition to reconstructing the street, the project as proposed will help reduce maintenance, reduce speed, reduce the cost of the project and assessment and improve water quality. He said a public hearing on special assessments for this project was held at the May 14, 2018, City Council meeting. Comments received at the public hearing included concerns for lack of on-street parking and narrowing of the roadway. There were no comments or concerns raised on the proposed special assessments. On-street parking is generally not provided for multi-family residential developments as it has been to date on 69th Avenue. However, due to site constraints, Timber Ridge Townhomes was given special consideration and they have been presented with options to allow for additional parking spaces adjacent to their property on Anoka Street to supplement their on-site parking. Staff advised an agreed to number of spaces could be provided on either Anoka Street or 69th Avenue, but the association would be assessed for the added spaces at approximately $2,000-$2,500 per space. Staff provided a 3 FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 4 concept for 12 spaces of on-street parking on Anoka Street as an example (Anoka Street was chosen as this would provide closer access to the southern set of townhomes). Staff attended their HOA meeting, and clarified these concepts. Timber Ridge Townhomes Association declined to pursue on-street parking due to cost. Mr. Brodhag noted staff has had meetings and corresponded with Rice Creek Townhomes regarding a similar offering of on-street parking that would be assessed. Staff has not received a request from Rice Creek Townhomes for on-street parking. Staff also notes that no representative for Rice Creek Townhomes attended the hearing. While the road section would be a change as well for residents who live in the single-family homes on the south side of 69th Avenue, this was not brought up as a strong concern at prior meetings. The proposed roadway section meets state aid standards and is in place on other City state-aid routes. In addition, it is noted that residents on the south side of 69th typically have fairly large driveways compared to most single-family residential properties in Fridley. Mr. Brodhag said staff believes the project as presented meets numerous important goals beyond rehabilitation of the roadway as outlined above. We also believe that reconstructing the existing overly-wide roadway section and maintaining extensive on-street parking at the City's cost is not in the best interest of the City. Staff recommends the City Council move to remove this item from the table and adopt the attached resolution ordering final plans, specifications and calling for bids for 2018 Street Rehabilitation Project No. ST2018-01. Further, staff will implement any specific direction Council may wish to provide regarding the proposed project in completion of its plans. Councilmember Varichak asked what the result was after asking Timber Ridge Townhomes if they would consider paying for the extra parking. Jim Kosluchar, Public Works Director, replied the townhome association emailed and said they still were not interested in paying for the additional parking. Councilmember Bolkcom asked if the townhome association understood they would not be able to park on the street. Mr. Kosluchar replied correct. Barb Rasmussen, Timber Ridge Townhomes, stated the reason they voted no for the extra parking was that the Association does not think it should be a cost to the townhome owners. They do not understand why the parking on 69th Avenue is being taken away. The townhomes only have parking in circles in the streets that are for emergency vehicles. The car ports only allow for 2-3 cars plus the parking in the garages. The Association wanted to voice their concerns and wanted to keep one lane of parking on 69th at no cost to Timber Ridge. Mr. Kosluchar replied that generally apartment and multi-family developments are responsible to provide their own parking within the site which is why staff came up with the proposal. The City should not pay have to pay for parking associated with the townhomes. 4 FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 5 Councilmember Bolkcom noted there is a problem parking on 69th in the winter with plowing. Mr. Kosluchar stated that Timber Ridge residents typically are not violators of the parking requirements on 69th Avenue in the winter. Councilmember Bolkcom said if residents could find places to park in the winter, they should be able to park elsewhere if the parking was removed on 69th Avenue. Ms. Rasmussen said parking is an issue if people have graduation parties or other events where extra parking is needed. She also noted they will be resurfacing the streets and carports in the future and parking will really be an issue during that construction. Mayor Lund replied staff may have ideas for temporary parking for Timber Ridge when they are resurfacing the streets in the development. There is limited parking for Timber Ridge residents and staff has attempted to find options, but the homeowners do not want to pay the assessment. Parking on the street would be a benefit to the association which is why the homeowners would be assessed. Mr. Kosluchar said staff would be able to offer a few options for parking during construction. MOTION by Councilmember Varichak to adopt Resolution No. 2018-26. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 8. First Reading of an Ordinance Repealing and Replacing Chapter 125 of the Fridley City Code Related to the Licensing of Massage Therapy Business and Massage Therapists. Deb Skogen, City Clerk, said staff conducted research of the massage therapy business licensing due to issues the City had with businesses claiming they do massage therapy but are really a front for criminal activity. After thorough study and review staff prepared an ordinance which would create massage therapy business license and individual massage therapist license and regulations. The draft was provided to the police department and city attorney for review. Staff presented the draft ordinance at the May 14, 2018 conference meeting for review and discussion by the City Council. After the meeting, the City Attorney completed drafting the ordinance recommending the repeal and replacement of City Code Chapter 125 entitled Saunas and Massage Parlors to Massage Therapy Businesses and Massage Therapists No major changes were made to the ordinance since the conference meeting. Ms. Skogen noted the ordinance does the following: • Provides findings for the licensing of massage therapy business and therapist 5 FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 6 • Creates definitions more in tune with a massage therapy business and today's terminology • Requires a license for a business and individuals • Provides similar exceptions to what is currently in the Code • Defines what is on an application • Defines the requirements of the applicants • Defines the initial term and renewal of license • Provides for the license investigation and verification • Provides a process for denial, suspension or revocation of a license • Defines License restrictions • Allows the police the authority to enter the business during business hours to inspect and • search the premises to ensure compliance • Sets the license and investigative fees Staff recommended the City Council waive the reading and adopt the first reading of this ordinance. Councilmember Bolkcom asked for an explanation of the paragraph on page 4 of the ordinance, number 3. Ms. Skogen replied the language was provided for individuals who were licensed by the state. She was not sure why a dental professional was included but was information provided by the city attorney's office. Councilmember Bolkcom asked on page 5, number 6, if they could still get a license if taxes were not paid. Ms. Skogen replied it is similar to a liquor license. If taxes or utilities are not paid, there would be reason for denial or non-renewal of the license. Councilmember Bolkcom asked staff to review the language in the section regarding term and renewal of the license on page 9. She asked if they had to show current education and insurance every time the license was renewed. Ms. Skogen replied yes. Councilmember Bolkcom asked for explanation on page 9, number 3, regarding the academic requirement and minimum of 7 years work experience. Ms. Skogen replied this was for massage therapists without formal education who have taken a Board certified test allowing them to practice. The additional experience provided and the certification would be similar to taking a formal education program of 600 credits. MOTION by Councilmember Barnette to waive the reading and order the adoption of the first reading of an Ordinance Amending Fridley City Code Chapter 125. Seconded by Councilmember Varichak. 6 FRIDLEY CITY COUNCIL MEETING OF MAY 29,2018 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Informal Status Reports (sewer Rates Follow-up). Wally Wysopal, City Manager, stated that sewer use is unlike water, gas, or electric because it cannot be metered at the home. Determining a"fair and reasonable charge" for sewer, while not an exact science, is reasonable if the charge takes into account "system costs" and "usage". System costs are expenses for repairs, maintenance, upgrades, labor, parts, materials, debt services, depreciation, and the entire system and are not based on usage. A 2008 study showed investment is below depreciation making it a non-perpetual system. Repairs/improvements to any part of the system are related each user. Each user needs to pay a reasonable share of the costs to the entire system. Mr. Wysopal noted that water consumption is down 20%. Sewer revenues based on consumption are not covering system costs. Base charge needs to increase across all tiers. The impact has been the most on the lower water users. All cites are experiencing the same effects and moving to a base charge. If you take the sewer rate structure from 2008 increased by a modest 3.5% inflation rate, which is not close to the average increase in the MCES charges over the same period, that 2018 rate structure would be $51.25 base and $4.28 per 1,000 gallons. The 2018 rate strikes a tighter balance between commercial and residential. Mr. Wysopal said we needed a year's worth of experience to understand how this new rate will work. The increase is not going to be 4% for 2018 but will be 9%. Rates that we adjusted were predicated on a 4% increase charge. The amount of revenue we thought we would have will decrease. Staff report to council if adjustments need to be made on the fairness and reasonableness of the charge. Scott Hickok, Community Development Director, announced the Fridley Environmental Quality and Energy Commission is sponsoring a five-mile bike and hike event on Saturday, June 2. They will meet at 10 a.m. at the Community Center and leave at 10:30 a.m. 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 8:05 P.M. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 7 CITY OF FRIDLEY PLANNING COMMISSION MEETING MAY 16,2018 Call to Order: Chair Kondrick called the City of Fridley Planning Commission Meeting to order at 7:00 p.m. Roll Call: Members Present: Mike Heintz, Rachel Schwankl, David Ostwald, Mark Hansen, and David Kondrick Members Absent: Brad Sielaff and LeRoy Oquist Others Present: Stacy Stromberg,Planner Gary Valley,Cornerstone Private Asset Trust Company Paul Neiley, 6610 Lucia Lane Troy Eichmann,Furniture Mart USA Roger Tomten,ARCHNET Approve Planning Commission Meeting Minutes: March 21, 2018 MOTION by Commissioner Hansen to approve the minutes as presented. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY Public Hearing: 1. Consideration of a Plat, PS #18-03, by Cornerstone Private Asset Trust Co., LLC FBO Gary Valley,to subdivide one large single-family lot to create 3 single family lots,generally located at 6663 Lucia Lane. MOTION by Commissioner Ostwald to open the public hearing. Seconded by Commissioner Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:01 P.M. Stacy Stromberg, Planner, stated that the petitioner, Gary Valley, with Cornerstone Private Asset Trust Company, who is the owner of the property at 6663 Lucia Lane, is requesting a preliminary plat to allow the subdivision of one large single-family lot to create three single family lots. Ms. Stromberg noted that the subject property is zoned R-1, Single Family as are the properties to the south and the east. The property to the west is zoned R-3, Multi-family and has an apartment building located on it. The properties to the north are also zoned R-3, Multi-family and they are occupied with single family homes. The existing home on the lot was constructed in 1951 and the garage was constructed in 1955. An addition to the home was constructed in 1979. There isn't a building permit record for the existing garage that will be located on Lot 2, so it is staffs' assumption that it was 8 City of Fridley Planning Commission Meeting of May 16, 2018 2 constructed prior to 1949, which was when the City of Fridley was incorporated. Fridley requires that lots in the R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. Ms. Stromberg reviewed that the existing lot is 81,515 sq. ft in size. After the replat, proposed Lot#1 which is where the existing house and garage are located, will be 30,950 sq. ft. in size and 75 ft. wide. Proposed Lot#2 which is where the older garage is located will be 10,540 sq. ft. in size and 75 ft. wide. Lot #3 will be 40,000 sq. ft. in size and 144 ft. wide. The petitioner notes that the reason Lot #3 is so large is because they want to keep it as close as they can to allow connection to the sanitary sewer in the street. The reason that Lot #2 has a jog to it is to ensure it has the 75 ft. of width that is required and to also make sure the existing garage on Lot #2 will meet the 5 ft. setback requirement for an accessory structure. Ms. Stromberg said that City Staff recommends approval of this preliminary plat request as the lots exceed minimum size requirements. City staff recommends the following stipulations if the preliminary plat is approved. 1. All necessary permits shall be obtained prior to construction of new homes, including but not limited to building, driveway, land alteration. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Any requirements set forth by the Rice Creek Watershed district shall be met. 4. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. Property owner at time, of building permit application for the construction of the single-family homes, shall pay all water and sewer connection fees. 6. Property owner, at time of building permit application for the construction of each new single- family home, shall pay $1,500.00 required park dedication fee per lot. (2 new lots = $3,000.00 park dedication fees to be paid) 7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed homes shall be marked and approved by City staff prior to issuance of building permits. 8. The new house on Lot #2 needs to be constructed within 36 months of final plat approval or the existing garage needs to be removed. Commissioner Schwankl asked if any trees that were removed needed to be replaced. Ms. Stromberg replied that the site is pretty wooded, and Fridley doesn't have a tree replacement ordinance to enforce, so staff is asking that they preserve as many trees as the can, but understand that likely many will need to be removed. Commissioner Hansen asked why the garage wouldn't be removed. Ms. Stromberg replied that the garage is in good condition considering the age which is why they want to keep it. Gary Valley, Property Owner, said that he understood the stipulations and had no objections to the staff report. Commissioner Heintz asked if the building on the second lot would need to match the garage. 9 City of Fridley Planning Commission Meeting of May 16, 2018 3 Ms. Stromberg replied that it would need to be architecturally compatible with the colors and roof lines. Staff could add that as a stipulation, if the Commission wanted. Chairperson Kondrick asked how old the garage was. Mr.Valley wasn't sure but if it couldn't be incorporated with the new home it would be taken down. Commissioner Schwankl asked if there was a specific time frame was to build. Mr.Valley replied no,he just started on the project. Commissioner Hansen asked what kind of home would be built or what the price range would be. Mr.Valley replied that those details have not been worked out yet. MOTION by Commissioner Heintz to move into record the letter from Alina Cramble at 6645 Lucia Lane and Stacy Neiley at 6610 Lucia Lane. Seconded by Commissioner Schwankl. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Paul Neiley, 6610 Lucia Lane, was not opposed to the development of the lots but was concerned about the traffic on the street. He asked for confirmation that this would not be multi-family homes. Chairperson Kondrick said that this is zoned R-1, so is zoned for single family homes. Ms. Stromberg noted that in the future this could be rezoned but another public hearing would need to be held. The petitioner is requesting to build single family homes. Mr. Neiley asked if the Planning Commission would consider looking at the traffic levels and maybe do something like a cul-de-sac at the end of the street. Chairperson Kondrick replied that this meeting is recorded and City Council would also have the minutes so they will be aware of the issues. MOTION by Commissioner Hansen to close the public hearing. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:23 P.M. MOTION by Commissioner Oswald to approve the Consideration of a Plat, PS #18-03, by Cornerstone Private Asset Trust Co.,LLC FBO Gary Valley,to subdivide one large single-family lot to create 3 single family lots,generally located at 6663 Lucia Lane,with the stipulations as submitted by staff. Seconded by Commissioner Heintz. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 10 City of Fridley Planning Commission Meeting of May 16, 2018 4 Ms. Stromberg noted that public works and public safety have been active with the neighborhood and Islamic University to try to come up with solutions for the traffic issues. 2. Consideration of a Special Use Permit, SP#18-02, by ARCHNET, to allow a building addition that will increase the lot coverage from 40% to 49.2%, generally located at 5353 East River Road and PIN#223024430009. MOTION by Commissioner Hansen to open the public hearing. Seconded by Commissioner Ostwald. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:26 P.M. Stacy Stromberg, Planner, stated that the petitioner, Roger Tomten, on behalf of Ashley Furniture, is seeking a special use permit to increase the allowable lot coverage requirement from 40%to 49%to allow the construction of a building addition on the north and south side of the existing building, which is located at 5353 East River Road. To allow the southern building addition, the property owner has negotiated purchase of the vacant lot to the south,contingent upon City approvals. Ms. Stromberg stated that the property is zoned M-2, Heavy Industrial, as are the properties to the south, west and east. The property is bordered by the East River Road Service Drive and Interstate 694 on the north. The property was originally developed with the construction of a 142,000-sq. ft. building in 1971. Furniture Mart USA, Inc. purchased the property in 2004 to operate an Ashely Furniture retail store and warehouse. In preparation for the purchase of the property, Furniture Mart applied for and received a special use permit in 2003 to increase the lot coverage requirement from 40% to 48% to allow the construction of a 46,336-sq. ft. warehouse addition to the building. As a result of that special use permit approval,the addition was constructed in 2004,and the building has remained the same size since then. Ms. Stromberg reviewed that in 2012, Furniture Mart purchased the old Home Valu building at 5401 East River Road and expanded and remodeled that building to allow for the Furniture Mart retail store and warehouse that exists today. This "campus" approach has worked for this property owner and their business has continued to grow as they have opened up other retail stores within the metro area. This property serves as the warehouse space for all the retail stores in the metro and because of the continued growth of this business, there is a need to further expand the existing building for additional warehouse space. Ms. Stromberg said that the property owner designed the proposed warehouse addition on the south side of the building which will then move all semi-truck deliveries to Industrial Blvd. The existing truck dock area off of the East River Rd Service Drive will be dedicated to an enhanced customer pick up area and for straight truck loading and delivery. This design separates semi-truck traffic from the customer pick up traffic. To increase efficiency and customer service on the site, the property owner would also like to construct a small addition on the north side of the building with a canopy for customers that are picking up their furniture. The layout they are proposing will be a covered loading area that will improve the safety and configuration of the customer pick up area. This addition will require a variance that will go before the Appeals Commission on June 6,2018. Ms. Stromberg said that the petitioner is seeking a special use permit to increase the lot coverage requirement for the two properties combined from 40% to 49% to allow for the construction of the warehouse and customer pick up addition. The existing Ashley Furniture property along with the vacant parcel to the south is 491,534 sq. ft. in size. The existing building is 188,794 sq. ft. and the proposed warehouse and customer pick up additions will add another 52,833-sq. ft. As a result of the additions,the 11 City of Fridley Planning Commission Meeting of May 16, 2018 5 total building area will be 241,627 sq. ft., which increases the lot coverage to 49%,therefore the need for a special use permit. Ms. Stromberg said that the code requires that a special use permit may be granted to increase lot coverage to 50% as long as the property is meeting all other code requirements. The new additions will require a total of 26 new parking stalls. Twenty-one parking stalls will be removed to allow for the construction of the addition to the south. The petitioner is showing on the site plan room for 56 new stalls, which is 9 stalls more than code would require. If the petitioner doesn't need the extra parking stalls, staff would encourage the installation of more green space or landscaping as opposed to extra parking. The proposed southern addition complies with all setback requirements. Prior to building permit approval, all landscaping and storm water requirements will also need to be complied with. City staff hasn't heard any comments from neighboring property owners. Ms. Stromberg said that Staff recommends approval of this special use permit request as an increase in lot coverage for a one-story building from 40% to 50% is a permitted special use in the M-2, Heavy Industrial zoning district,provided all other code requirement are met,subject to 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of 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 Heintz remembers when this building was converted and there was concern about getting the fire trucks around the building; is that still an issue? Ms. Stromberg replied that the Fire Department has looked at the site plan and require 20' around the building and that requirement will be met. Troy Eichmann, Furniture Mart USA said that this is a significant business operation in the second generation of owners; the business was founded in 1977. Business has grown from 8 trucks to 16 trucks and there are not enough dock doors to distribute the product. It is not efficient to run the trucks through the current facility. Chairperson Kondrick asked if the new building would be used to warehouse other facilities product. Mr. Ikeman replied that this location will service only Minneapolis area with additional opportunity to expand through the lake region like Brainerd,Baxter,and Bemidji. Commissioner Ostwald asked what the timeline was to start building. 12 City of Fridley Planning Commission Meeting of May 16,2018 6 Mr. Eichmann replied that they would like to start moving dirt in July. They will work closely with the architect to identify a general contractor to get started. Hopefully the project will be complete by the end of year or early 2019. Chairperson Kondrick asked if the he was ok and agreed with the stipulations. Mr.Ikeman replied yes,they are standard and expected. MOTION by Commissioner Hansen to close the public hearing. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:39 P.M. MOTION by Commissioner Ostwald to approve the Consideration of a Special Use Permit, SP #18-02, by ARCHNET, to allow a building addition that will increase the lot coverage from 40% to 49.2%, generally located at 5353 East River Road and PIN#223024430009,with the stipulations as submitted by staff. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY RECEIVE by MINUTES FROM OTHER COMMISSIONS: 1. March 5,2018,Parks and Recreation Commission MOTION by Commissioner Ostwald. Seconded by Commissioner Schwankl. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 2. March 13,2018,Environmental Quality and Energy Commission MOTION by Commissioner Hansen. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 3. February 1,2018,Housing and Redevelopment Authority Commission MOTION by Commissioner Ostwald. Seconded by Commissioner Hansen. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 4. April 5,2018,Housing and Redevelopment Authority Commission MOTION by Commissioner Hansen. Seconded by Commissioner Ostwald. 13 City of Fridley Planning Commission Meeting of May 16, 2018 7 UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 5. April 2,2018 Parks and Recreation Commission MOTION by Commissioner Heintz. Seconded by Commissioner Schwankl. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY Other Business: Stacy Stromberg, Planner, said that the 2 items discussed at their March meeting, the billboard at the public storage and the Pulte Homes patio home plan was approved by the Council. The next meeting is June 20,pending agenda items. Adjourn: MOTION by Commissioner Schwankl to adjourn. Seconded by Commissioner Ostwald. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 7:46 P.M. 14 (_1,1 AGENDA ITEM City °f CITY COUNCIL MEETING OF Fridley JUNE 11 , 2018 Date: June 7, 2018 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution approving Variance Request,VAR#18-01, by Archnet for Ashley Furniture at 5353 East River Road NE REQUEST The petitioner, Roger Tomten, on behalf of Ashley Furniture, is requesting a variance to reduce the setback that f,$; - allows canopies to extend 10 ft. into the required front yard setback. The required front yard setback is 35 ft., so 7 a canopy can extend to 25 ft. from the GMTOI NepouuP lair property line. A variance is being ..>�,, sought which will reduce that setback ''. from 25 ft. to 11 ft. 7 in. to allow the ' -'614161*. construction of a canopy for a new covered customer pick up area along the north side of the existing Ashley Furniture building, located at 5353 East River Road. SUMMARY OF PRACTICAL DIFFICULTIES BY THE PETITIONER "It is proposed to have the customer pick up area reconfigured on the NW corner of the building in order to enhance the customer pick up operations and access. The existing grade along the west side of the building doesn't provide the accessibility needed for customers to pick up products and the internal layout of the utility systems, which the property owner calls the "brains of the building" (fire suppression, generator, electrical, security and other utilities) along the existing north wall, make it difficult to utilize this space for the customer pick up area." Troy Eichmann, Chief Operating Office—Furniture Mart USA APPEALS COMMISSION RECOMMENDATION At the June 6, 2018,Appeals Commission meeting,a public hearing was held for VAR#18-01. After a brief discussion,the Appeals Commission recommended approval of the variance,with the stipulations presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission and approval of the attached resolution. 15 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Per Section 205 of the Fridley City Code, this Variance 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. 16 City of Fridley Land Use Application VAR#18-01 June 6, 2018 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT Archnet, Inc. The petitioner, Roger Tomten, on behalf of Ashley Roger Tomten Furniture, is requesting a variance to reduce the 333 North Main Street, Suite 201 setback that allows canopies to extend 10 ft. into Stillwater MN 55082 the required front yard setback. The required front Requested Action: yard setback is 35 ft., so as a result a canopy can Variance reducing the front yard setback extend 25 ft. into the front yard setback by right. A Existing Zoning: variance is being sought will reduce that setback M-2 (Heavy Industrial) from 25 ft.to 11 ft.7 in.to allow the construction of Location: a canopy for a customer pick up area along the 5353 East River Road NE north side of the existing Ashley Furniture building, located at 5353 East River Road. Size: 491,534 sq.ft. 11.2 acres SUMMARY OF PRACTICAL DIFFICULTIES Existing Land Use: "It is proposed to have the customer pick up area Ashely Furniture Building and vacant lot reconfigured on the NW corner of the building in order to enhance the customer pick up operations Surrounding Land Use&Zoning: and access. The existing grade along the west side N: Interstate 694 & ROW of the building doesn't provide the accessibility E: Industrial (Furniture Mart) & M-2 needed for customers to pick up products and the S: Industrial& M-2 internal layout of the utility systems, which the W: Industrial & M-2 property owner calls the "brains of the building" Comprehensive Plan Conformance: (fire suppression, generator, electrical, security and Consistent with Plan other utilities)along the existing north wall, make it Zoning Ordinance Conformance: difficult to utilize this space for the customer pick up Section 205.18.3.D.(1) requires a front yard area." Troy Eichmann, Chief Operating Office— setback of 35 ft. Furniture Mart USA Section 205.04.6.A.(3) allows canopies and SUMMARY OF ANALYSIS steps to extend no more than 10 ft. into the City Staff recommends approval of the variance. front yard. • Practical difficulties exist—existing grade Legal Description of Property: condition and internal utility locations See attached - _ •.. Building and Zoning History: a 1969—Lot platted 1971—Building constructed 2003—SUP issued to increase the lot / ;: coverage from 40%to 48% P ' .. I 2004—Warehouse building addition - constructed g , Public Utilities: Building is connected Transportation: The property is currently accessed from the Aerial of Property East River Road Service Drive CITY COUNCIL ACTION/60 DAY DATE Physical Characteristics: City Council—June 11, 2018 Building, hard surface parking and loading 60 Day—July 2, 2018 areas,with landscaping Staff Report Prepared by: Stacy Stromberg 17 Land Use Application Variance #18-01 REQUEST The petitioner, Roger Tomten, on behalf of Ashley Furniture, is requesting a variance to reduce the setback that allows canopies to extend 10 ft. into the required front yard setback. The required front yard setback is 35 ft., so a canopy can extend to 25 ft. from the � � r ' E4 property line. A variance is being ._ sought will reduce that setback from 25 ft.to 11 ft.7 in.to allow the construction of a canopy for a new covered customer pick up • area along the north side of the ` 6T0i�RpW/. jcir existing Ashley Furniture building, ; z located at 5353 East River Road. • In addition to the variance request,the petitioner is also asking for a special use permit to increase the allowable lot coverage requirement from 40%to 49%to allow the construction of two building additions. One is as described above one the north side of the building and the other on the south side of the building for a warehouse addition. The Planning Commission recommended approval of this `"•-A.., special use permit at their meeting on May 16, 2018. �-� Of note,to allow the southern building addition, 3 4; 1) the property owner has negotiated purchase of . the vacant lot to the south, contingent upon City approvals. �-° SUMMARY OF PRACTICAL DIFFICULTIES BY THE PETITIONER L — "It is proposed to have the customer pick up area tom_ reconfigured on the NW corner of the building in order to enhance the customer pick up operations and access. The existing grade along the west side of the building doesn't provide the accessibility r» of for customers to pick up products and the internal layout of the utility systems, which the property owner calls the "brains of the building"(fire suppression, generator, electrical,security and other utilities)along the existing north wall, make it difficult to utilize this space for the customer pick up area." Troy Eichmann, Chief Operating Office—Furniture Mart USA HISTORY AND ANALYSIS The property is zoned M-2, Heavy Industrial, as are the properties to the south,west and east. The property is bordered by the East River Road Service Drive and Interstate 694 on the north. It was originally developed with the construction of a 142,000 sq.ft. building in 1971 and operated as Wickes 18 Furniture store for many years. Furniture Mart USA, Inc. purchased the property in 2004 to operate an Ashely Furniture retail store and warehouse. In preparation for the purchase of the property, Furniture Mart applied for and received a special usepermit in 2003 to increase the lot coverage requirement from 40%to 48%to allow the construction of a 46,336 sq.ft. warehouse addition to the building. That addition was then constructed in 2004, and the building has remained the same size since then. In 2012, Furniture Mart purchased the old Home Valu building at 5401 East River Road,which is directly east of the subject property, and expanded and remodeled that building to the Furniture Mart retail store and warehouse that exists today. This "campus" approach has worked for this property owner and their business has continued to grow as they have opened up other retail stores within the metro area. This property serves as the warehouse space for all the retail stores in the metro and because of the continued growth of this business, there is a need to further expand the existing building for additional warehouse space. The property owner designed the proposed warehouse addition on the south side of the building which will then move all semi-truck deliveries to Industrial Blvd. The existing truck dock area off o the East River Rd Service Drive will be dedicated to an enhanced customer pick up area and for straight truck loading and delivery. This design separates semi-truck traffic from the customer pick up traffic which will increase efficiency and customer service on the site. VARIANCE DESCRIPTION AND CODE REQUIREMENTS The property owner would like to construct a 10 ft. addition on the north side of the building, which will be used for a new customer pick up waiting and staging area. Beyond that addition they would like to construct a stepped canopy that at its closest point will be 11 ft.7 in.from the property line. This covered loading area will improve the safety and • configuration of the current Property Line _ _ _ _ _ customer pick up area. „ R _._._.._.. __._. City code allows canopies � and steps to extend into the , _ required front yard setback i not more than 10 ft. The front yard setback requirement in the M-2, Heavy Industrial zoning district is 35 ft., so as a el result, the canopy can —, L. , } '` i legally extend to 25 ft. Due 9 ry ` to the location of what the property owner is calling the "brains of the building" being on the existing north wall, it would be very difficult to use the building as is to create the new customer waiting, staging and pick up area. The proposed addition, with the canopy will also allow the property owner to improve the slope,so the customer pick-up area will be on a flat surface. As a result the property owner is asking for a variance to encroach into the front yard setback 11 ft. 7 in. 19 PRACTICIAL DIFFICULITES Variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: • Is the variance in harmony with the purpose and intent of the ordinance? o The intent of the ordinance which allows canopies to encroach 10 ft. in the front yard setback is to allow a structure that has a roof, but no side walls the flexibility to encroach into the setback,while also providing adequate room for green space. o The proposed canopy pillar at its closest point is 11 ft. 7 in.from the property line. It then steps in and the next pillar is set back at 19 ft. 6 in. There is also a 15 ft. boulevard along this segment of the East River Road Service Drive, which will provide a buffer between the new canopy and the roadway and will help to increase the green space. Including the boulevard space, there will be approximately 26 ft.to the roadway from the closest canopy pillar. • Is the variance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as industrial,the use will remain industrial, and the additional helps with business expansion; as a result it is consistent with the Plan. • Does the proposal put the property to use in a reasonable manner? o The existing use of the property and the proposed addition to the existing building is considered a reasonable use.The subject property is on a dead-end street, which doesn't experience huge traffic volumes. The proposed setback of the roofed canopy, with no side walls will not create an impact to the property;therefore,the proposed construction of the canopy is reasonable. • Are there unique circumstances to the property, not created by the landowner? o Unique circumstances do exist on this property.To get to the existing customer pick up area,there is quite a slope that needs to be navigated. This has proven to be difficult for loading furniture as well as for those customers that have accessibility issues. The new pick up area will allow the r vehicle to drive up a more gradual slope to a flat surface to allow the loading of products. SU$TOMJA MOKSA o Another unique circumstance is the location of the "brains of the .� ' i building" within the existing building structure. Though the location of the internal workings of the businesses Wyr ; � utility systems does fall on the landowner in some regards, it74, does create a challenge when designing a customer pick up area in this location that is safe and efficient. • Will the variance, if granted, alter the essential character of the locality? o This portion of the East River Road Service Drive to the cul-de-sac is owned and operated by the property owner, Furniture Mart USA. It is used mainly for retail 20 customers and delivery trucks. Constructing the proposed canopy will continue to allow the visibility needed up and down the street for motorists, so the essential character of the area will not be altered. RECOMMENDATIONS City Staff recommends approval of this variance request. • Practical difficulties exist—existing grade condition along the west side of the property and the location of the internal utility systems. STIPULATIONS Staff recommends that if the variance 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Per Section 205 of the Fridley City Code, this Variance 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. 21 RESOLUTION NO. 2018 - A RESOLUTION APPROVING VARIANCE VAR#18-01 TO ALLOW A CANOPY TO ENCROACH INTO THE FRONT YARD SETBACK 11 FT. 7 IN.AT 5353 EAST RIVER ROAD NE, PETITIONED BY ARCHNET,ON BEHALF OF THE PROPERTY OWNER,GMROI LLC WHEREAS, on May 4, 2018, an application for a variance was submitted for the property at 5353 East River Road NE,legally described in Exhibit A; and WHEREAS, Section 205.04.6.A.(3)of the Fridley City Code allow canopies and steps to extend no more than 10 feet into the required front yard; and WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be granted where practical difficulties or unique circumstances exist that cause undue hardship in the strict application of the City Code;and WHEREAS,variance application,VAR#18-01 submitted by Archnet, for the property at 5353 East River Road NE, requests a variance to encroach into the front yard setback 11 feet 7 inches, instead of the code required 25 feet; and WHEREAS, on June 6, 2018, the Fridley Appeals Commission held a public hearing to consider variance request,VAR#18-01; and WHEREAS,a practical difficulty or uniqueness was found to exist based on the following fmdings: a. Is the variance in harmony with the purpose and intent of the ordinance? o The intent of the ordinance which allows canopies to encroach 10 ft. in the front yard setback is to allow a structure that has a roof, but no side walls the flexibility to encroach into the setback, while also providing adequate room for green space. o The proposed canopy pillar at its closest point is 11 ft. 7 in. from the property line. It then steps in and the next pillar is set back at 19 ft. 6 in. There is also a 15 ft. boulevard along this segment of the East River Road Service Drive, which will provide a buffer between the new canopy and the roadway and will help to increase the green space. Including the boulevard space,there will be approximately 26 ft.to the roadway from the closest canopy pillar. b. Is the variance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as industrial,the use will remain industrial, and the additional helps with business expansion; as a result it is consistent with the Plan. c. Does the proposal put the property to use in a reasonable manner? o The existing use of the property and the proposed addition to the existing building is considered a reasonable use. The subject property is on a dead-end street,which doesn't experience huge traffic volumes. The proposed setback of the roofed canopy,with no side walls will not create an impact to the property; therefore, the proposed construction of the canopy is reasonable. d. Are there unique circumstances to the property,not created by the landowner? 22 o Unique circumstances do exist on this property. To get to the existing customer pick up area,there is quite a slope that needs to be navigated. This has proven to be difficult for loading furniture as well as for those customers that have accessibility issues. The new pick up area will allow the vehicle to drive up a more gradual slope to a flat surface to allow the loading of products. o Another unique circumstance is the location of the "brains of the building"within the existing building structure. Though the location of the internal workings of the businesses utility systems does fall on the landowner in some regards, it does create a challenge when designing a customer pick up area in this location that is safe and efficient. e. Will the variance, if granted,alter the essential character of the locality? o This portion of the East River Road Service Drive to the cul-de-sac is owned and operated by the property owner, Furniture Mart USA. It is used mainly for retail customers and delivery trucks. Constructing the proposed canopy will continue to allow the visibility needed up and down the street for motorists, so the essential character of the area will not be altered. WHEREAS, at the June 6, 2018 meeting, the Appeals Commission unanimously recommended approval of Variance,VAR#18-01 based on the above findings; and WHEREAS, on June 11, 2018, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Variance VAR#18- 01; NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Fridley that Variance, VAR#18-01 and the stipulations represented in Exhibit B are hereby adopted and approved based on the above findings by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF JUNE,2018. SCOTT LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 23 EXHIBIT A Legal description for 5353 East River Road NE Fridley MN 55421 Owner: GMROI, LLC Lots 2, 3, 4, and 5, Block 1; Great Northern Industrial Center—Fridley, according to the plat on file and of record in the office of the Registrar of Titles, Anoka County, Minnesota Subject to the sanitary sewer,water main, and utility easements as shown on plat of Great Northern Industrial Center—Fridley filed October 30, 1969 as Document No. 65776. And That portion of Outlot B lying Westerly of a line drawn from the Southwest corner of Lot 1, Block 1,to the most Northerly corner of Lot 2, Block 7; Great Northern Industrial Center— Fridley, according to the plat on file and or record in the office of the Registrar of Titles, Anoka County, Minnesota 24 EXHIBIT B 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Per Section 205 of the Fridley City Code,this Variance 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 25 • CITY OF FRIDLEY APPEALS COMMISSION MEETING • June 6,2018 Chairperson Sielaff called the Appeals Commission Meeting to order at 7:01 p.m. MEMBERS PRESENT: Blaine Jones,Brad Sielaff,and Aaron Jahnke MEMBER ABSENT: Vangyee Yang OTHERS PRESENT: Stacy Stromberg,Planner Roger Tomten,ARCHNET Troy Eichmann,Furniture Mart USA APPROVAL APPEALS COMMISSION MEETING MINUTES: September 6,2017 MOTION by Commissioner Jones approving the minutes. Seconded by Commissioner Jahnke. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 1. Variance,VAR 18-01, by ARCHNET,to allow the construction of a canopy for a customer pick up area along the north side of the building,that will encroach into the front yard setback 11 ft.7 in.,instead of the code required 25 ft.,generally located at 5353 East River Road. MOTION by Commissioner Jones to open the public hearing. Seconded by Commissioner Jahnke. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02. Stacy Stromberg,Planner,stated the petitioner,Roger Tomten,on behalf of Ashley Furniture,is requesting a variance to reduce the setback that allows canopies to extend 10 feet into the required front yard setback. The required front yard setback is 35 feet. The City does allow canopies to extend to 25 feet. A variance is being sought to reduce that setback from 25 feet to 11 feet 7 inches to allow the construction of a canopy for a new covered customer pick up area along the north side of the existing Ashley Furniture building, located at 5353 East River Road. Ms. Stromberg stated in addition to the variance request, the petitioner is also asking for a special use permit to increase the allowable lot coverage requirement from 40 percent to 49.2 percent to allow the construction of two building additions. One is as described above on the north side of the building and the other on the south side of the building for a warehouse addition. The Planning Commission recommended approval of this special use permit at their meeting on May 16,2018. Ms. Stromberg stated of note,to allow the southern building addition,the property owner has negotiated purchase of the vacant lot to the south,contingent upon City approvals. 26 Appeals Commission Meeting of June 6, 2018 2 Ms. Stromberg stated the summary of hardship submitted by the petitioner reads, "It is proposed to have the customer pick up area reconfigured on the NW corner of the building in order to enhance the customer pick up operations and access. The existing grade along the west side of the building doesn't provide the accessibility needed for customers to pick up products and the internal layout of the utility systems,which the property owner calls the `brains of the building' (fire suppression, generator, electrical, security and other utilities) along the existing north wall,make it difficult to utilize this space for the customer pick up area." Ms. Stromberg stated the property is zoned M-2,Heavy Industrial,as are the properties to the south,west and east. The property is bordered by the East River Road Service Drive and Interstate 694 on the north.It was originally developed with the construction of a 142,000 square foot building in 1971 and operated as Wickes Furniture store for many years. Furniture Mart USA,Inc.purchased the property in 2004 to operate an Ashley Furniture retail store and warehouse. This property does serve as warehouse space for all the retail stores that Ashley has in the metro area and, because of their continued growth, is the reason they need to do the addition. Ms. Stromberg stated the property owner would like to construct a 10-foot addition on the north side of the building. That will be used for a new customer pick up waiting and staging area. Beyond that there will be the construction of a canopy that is set out from that building addition and its closest point will be 11 feet 7 inches from the property line. The canopy does step in 10 feet further from that. Ms. Stromberg stated variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: • Is the variance in harmony with the purpose and intent of the ordinance? o The intent of the ordinance which allows canopies to encroach 10 feet in the front yard setback is to allow a structure that has a roof,but no side walls the flexibility to encroach into the setback,while also providing adequate room for green space. The proposed canopy pillar at its closest point is 11 feet 7 inches from the property line. It then steps in and the next pillar is set back at 19 feet 6 inches. There is also a 15-foot boulevard along this segment of the East River Road Service Drive,which will provide a buffer between the new canopy and the roadway and will help to increase the green space. Including the boulevard space, there will be approximately 26 feet to the roadway from the closest canopy pillar. • Is the variance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as industrial,the use will remain industrial, and the additional helps with business expansion;as a result it is consistent with the Plan. • Does the proposal put the property to use in a reasonable manner? o The existing use of the property and the proposed addition to the existing building is considered a reasonable use. The subject property is on a dead-end street,which does not experience huge traffic volumes. The proposed setback of the roofed canopy,with no side walls will not create an impact to the property;therefore,the proposed construction of the canopy is reasonable. • Are there unique circumstances to the property,not created by the landowner? o Unique circumstances do exist on this property. To get to the existing customer pick up area,there is quite a slope that needs to be navigated. This has proven to be difficult for loading furniture as well as for those customers that have accessibility issues. The new 27 Appeals Commission Meeting of June 6, 2018 3 pick up area will allow the vehicle to drive up a more gradual slope to a flat surface to allow the loading of products. o Another unique circumstance is the location of the "brains of the building" within the existing building structure. Though the location of the internal workings of the businesses utility systems does fall on the landowner in some regards,it does create a challenge when designing a customer pick up area in this location that is safe and efficient. • Will the variance, if granted,alter the essential character of the locality? o This portion of the East River Road Service Drive to the cul-de-sac is owned and operated by the property owner, Furniture Mart USA. It is used mainly for retail customers and delivery trucks. Constructing the proposed canopy will continue to allow the visibility needed up and down the street for motorists, so the essential character of the area will not be altered. Ms. Stromberg stated City Staff recommends approval of this variance request as practical difficulties exist because of the existing grade condition along the west side of the property and the location of the internal utility systems. Ms. Stromberg stated staff recommends that if the variance 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Per Section 205 of the Fridley City Code,this Variance 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 Jahnke asked as to Stipulation No. 5, satisfying the Mississippi Watershed Management Organization requirements,is that a one-time thing or does anyone check on that again? Ms. Stromberg replied, typically it is only required at building permit time. If there is something like a storm water pond installed they may need an agreement for that, and that is checked on periodically throughout the years. Chairperson Sielaff asked how much of that 11 feet 7 inches is extended to make it less than 25 feet? Ms. Stromberg replied the whole canopy itself will be under the 25 but at its closest point it is the 11 feet 7 inches. Roger Tomten,ARCHNET,stated the primary reason for the canopy and variance they are seeking tonight is to improve the customer pick up access to the site,that will fit better with the existing grade. The new addition on the south side will receive all the goods from the large trailer trucks going into the warehouse and the products will go out on the west side using the existing dock doors,with smaller straight trucks. The goal is to keep the customer traffic away from the big semi-truck traffic. The site grade really did not 28 Appeals Commission Meeting of June 6, 2018 4 work to relocate that customer pick up anywhere else on the site. It was also a focus to have a pick up area that is more ADA accessible. Chairperson Sielaff stated so customers will be loading from the north. Mr. Tomten replied,correct,they are adding three overhead doors to the canopy. Commissioner Jahnke stated from what he sees he does not have any problem with the request. He asked how Ashley Furniture contributes to the community in Fridley and what is their long-term goal with the community? He just wanted to know about their business a little more. Troy Eichmann stated he is the Chief Operating Officer of Furniture Mart USA. They take community involvement very seriously. They have a program called"Hope to Dream"where they have donated over 2,000 beds(including a twin mattress,pillow, sheets, and bed frame). They do this annually. That is just one example. They are very heavily involved in other philanthropic organizations. Mostly helping disadvantaged children. MOTION by Commissioner Jones to close the public hearing. Seconded by Commissioner Jahnke. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:23. MOTION by Commissioner Jahnke approving Variance, VAR 18-01, by ARCHNET, to allow the construction of a canopy for a customer pick up area along the north side of the building,that will encroach into the front yard setback 11 ft. 7 in., instead of the code required 25 ft., and also a special use permit to increase the allowable lot coverage requirement from 40 percent to 49.2 percent to allow the construction of two building additions generally located at 5353 East River Road 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of building permit. 7. Per Section 205 of the Fridley City Code,this Variance will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Seconded by Commissioner Jones. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms.Stromberg updated the Commission on projects going on in the City. 29 Appeals Commission Meeting of June 6,2018 5 ADJOURN: MOTION by Commissioner Jones to adjourn. Seconded by Commissioner Jahnke. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:28 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 30 '. AGENDA ITEM filmy CITY COUNCIL MEETING OF Fridley JUNE 11 , 2018 Date: June 4, 2018 To: Walter T. Wysopal, City Manager /1! From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Special Use Permit Request, SP#18-02, by Archnet for Ashley Furniture at 5353 East River Road NE REQUEST The petitioner, Roger Tomten, on behalf of Ashley Furniture, is seeking a special use permit to increase the allowable lot coverage requirement from 40%to 49.2% to allow the construction of a building addition on the north and south side of the existing building, 4 „ , g,, ,.� .G, which is located at 5353 East River Road. -? m _ - ` e " � .pry s , The existing Ashley Furniture property along p f with the vacant parcel to the south is 491,534 - < sq. ft. in size. The existing building is 188,794 � ` .„S,""4"-' nz.. ,t.°' " ' sq. ft. and the proposed warehouse and {� customer pick up additions will add another €.. `‘ a 52,833 sq. ft. As a result of the additions, the ,, 4°4 . total building area will be 241,627 sq. ft., which z) , H increases the lot coverage to 49.2%, therefore '41M the need for a special use permit. To allow the southern building addition, the „' i property owner has negotiated purchase of the ' vacant lot to the south, contingent upon City f ` , , approvals. , ' A� Fridley City code allows properties in the M-2, 7. ei„, " ; Heavy Industrial zoning district to obtain a y i> y . . special use permit to increase the lot coverage ' , #` = requirement from 40%up to 50%. , 23d ,� =- i PLANNING COMMISSION RECOMMENDATION A public hearing notice before the Planning Commission was published in the Fridley Sun Focus Newspaper on May 4, 2018. 31 At the May 16, 2018 Planning Commission meeting, a public hearing was held for SP#18-02. After a brief discussion, the Planning Commission recommended approval of SP#18-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution. 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of 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. 32 City of Fridley Land Use Application SP#18-02 May 16, 2018 GENERAL INFORMATION SPECIAL INFORMATION Applicant: New building addition will be accessed from Archnet, Inc. Industrial Blvd. Roger Tomten Physical Characteristics: 333 North Main Street, Suite 201 Building, hard surface parking areas and loading Stillwater MN 55082 areas,with landscaping. Requested Action: SUMMARY OF PROJECT Special Use Permit to increase the allowable The petitioner, Roger Tomten, on behalf of Ashley lot coverage Furniture, is seeking a special use permit to increase Existing Zoning: the allowable lot coverage requirement from 40% M-2 (Heavy Industrial) to 49%to allow the construction of a building Location: addition on the north and south side of the existing 5353 East River Rd and vacant lot to the building, which is located at 5353 East River Road. south To allow the southern building addition,the Size: property owner has negotiated purchase of the 491,534 sq.ft. 11.2 acres vacant lot to the south, contingent upon City Existing Land Use: approvals. Ashley Furniture Building and vacant lot SUMMARY OF ANALYSIS Surrounding Land Use &Zoning: City Staff recommends approval of this special use N:Interstate 694& ROW permit, with stipulations. E: Industrial(Furniture Mart)& M-2 An increase in lot coverage for a one story building 5:Industrial& M-2 from 40%to 50%is a permitted special use in the W:Industrial& M-2 M-2, Heavy Industrial zoning district, provided all Comprehensive Plan Conformance: other code requirements are met. Consistent with Plan CITY COUNCIL ACTION/60 DAY DATE Zoning Ordinance Conformance: City Council—June 11, 2018 Sec. 205.18.3.C.(1).((a)) requires a special 60 Day—June 11,2018 use permit for a one-story building to increase lot coverage from 40%to 50%of the lot area Sec. 205.18.3.C.(4) requires that the Itsaiskri petitioner meet all other ordinance requirements • Zoning History: ) 1969—Lot is platted • .•. 1971—Building constructed ` � .. 2003—SUP issued to increase the lot coverage from 40%to 48% sAit 2004—Warehouse building addition k constructed . 4( Legal Description of Property: y 1. See attached Public Utilities: r - Building is connected " ,' Transportation: 3250 The property is accessed from the East River Road Service Drive Aerial of the site Staff Report Prepared by:Stacy Stromberg 33 Land Use Application Special Use Permit #18-02 REQUEST The petitioner, Roger Tomten, on behalf of Ashley Furniture, is seeking a special use permit to increase the allowable lot coverage requirement from 40%to 49%to allow the construction of a building addition on the north and south side of the existing building, which is located at 5353 ' # , East River Road. � �... , .. To allow the southern building addition,the ', property owner has negotiated purchase of Y = . the vacant lot to the south, contingent upon T t`tc tt �, City approvals. , `- ti,a' �(# HISTORY AND ANALYSIS 1 . : , z,. The property is zoned M-2, Heavy Industrial, Qa 5c5� iz,_ ria- =d w: as are the properties to the south, west and a r k 1 ,� 71,..7::,r,,,,,,,...:1::‘, _ east. The property is bordered bythe East A � River Road Service Drive and Interstate 694 _ ���ti�w on the north.The property was originally ;�� . developed with the construction of a !fl '" - 142,000 sq.ft. building in 1971. Furniture . 1 .` f Mart USA, Inc. purchased the property in s � �,� *' r . r 2004 to operate an Ashely Furniture retail 4,''' :- 2004 store and warehouse. In preparation for the purchase of the property, Furniture Mart applied for and received a special use permit 2IL `' - .. pp" in 2003 to increase the lot coverage _ � P requirement from 40%to 48%to allow the construction of a 46,336 sq.ft.warehouse addition to the building. As a result of that special use permit approval,the addition was constructed in 2004,and the building has remained the same size since then. In 2012, Furniture Mart purchased the old Home Valu building at 5401 East River Road and expanded and remodeled that building to allow for the Furniture Mart retail store and warehouse that exists today. This"campus" approach has worked for this property owner and their business has continued to grow as they have opened up other retail stores within the metro area. This property serves as the warehouse space for all the retail stores in the metro and because of the continued growth of this business,there is a need to further expand the existing building for additional warehouse space. The property owner designed the proposed warehouse addition on the south side of the building which will then move all semi-truck deliveries to Industrial Blvd. The existing truck dock area off of the East River Rd Service Drive will be dedicated to an enhanced customer pick up area and for straight truck loading and delivery. This design separates semi-truck traffic from the customer pick up traffic. To increase efficiency and customer service on the site,the property owner would also like to construct a small addition on the north side of the building with a canopy for customers that are picking up their furniture. The layout they are proposing will be a covered loading area that will improve the safety and 34 configuration of the customer pick up area. This addition will require a variance that will go before the Appeals Commission on June 6, 2018. CODE REQUIREMENTS The petitioner is seeking a special use permit to increase the lot coverage requirement for the two properties combined from 40%to 49%to allow for the construction of the warehouse and customer pick up addition. The existing Ashley Furniture property along with the vacant all/NIMIMMMIMII,VVAL „� �, parcel to the south is 491,534 sq.ft. in ff- r;yl ; size. The existing building is 188,794 sq. — ` - ft. and the proposed warehouse and "" customer pick up additions will add - - ' another 52,833 sq.ft. As a result of the additions,the total building area will be 241,627 sq. ft.,which increases the lot -`5R] coverage to 49%,therefore the need for �� iTi nnnnim I a special use permit. / The code requires that a special use L~ permit may be granted to increase lot coverage to 50%as long as the property ��...P0.41 is meeting all other code requirements. The new additions will require a total of 1 Q 26 new parking stalls. Twenty-one / parking stalls will be removed to allow for the construction of the addition to the south. The petitioner is showing on the site plan room for 56 new stalls,which is 9 stalls more than code would require. If the petitioner doesn't need the extra parking stalls, staff would encourage the installation of more green space or landscaping as opposed to extra parking. The proposed southern addition complies with all setback requirements. Prior to building permit approval,all landscaping and storm water requirements will also need to be complied with. City staff hasn't heard any comments from neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit request as an increase in lot coverage for a one story building from 40%to 50%is a permitted special use in the M-2, Heavy Industrial zoning district, provided all other code requirement are met, subject to stipulations. 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading, drainage, and utility plan prior to issuance of a building permit. 35 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of 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. 36 RESOLUTION NO. 2018 - A RESOLUTION APPROVING SPECIAL USE PERMIT,SP#18-02 FOR ARCHNET ON BEHALF OF THE PROPERTY OWNERS,GMROI LLC AND PATRICIA PARASCHUK FOR THE PROPERTIES LOCATED AT 5353 EAST RIVER RD NE AND PARCEL ID NUMBER(PIN)22-30-24-43-0009 WHEREAS, Section 205.18.3.C.(1).((a)) of Fridley City Code allows an increase in lot coverage for a one-story building from 40%to 50%of the lot area in an M-2,Heavy Industrial zoning district by a special use permit if certain conditions can be met; and WHEREAS,on May 16,2018,the Fridley Planning Commission held a public hearing to consider a request by Archnet on behalf of the property owners, GMROI LLC and Patricia Paraschuk, for the properties located at 5353 East River Road NE in Fridley and PIN # 22-30-24-43-0009, legally described in Exhibit A, for a Special Use Permit SP #18-02 to allow an increase in lot coverage from 40%to 49.2%; and WHEREAS, on May 16, 2018, the Planning Commission unanimously recommended approval of Special Use Permit, SP#18-02; and WHEREAS, on June 11, 2018, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions on Special Use Permit SP#18-02; and WHEREAS, the petitioner was presented with Exhibit B,the stipulations, at the June 11, 2018 City Council meeting;and WHEREAS, Section 205.05.5.G of the Fridley City Code states that 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; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP #18-02 and stipulations represented in Exhibit B are hereby adopted by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF JUNE,2018. SCOTT J.LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 37 EXHIBIT A Legal description for 5353 East River Road NE Fridley MN 55421 Owner: GMROI, LLC Lots 2, 3, 4, and 5, Block 1; Great Northern Industrial Center—Fridley, according to the plat on file and of record in the office of the Registrar of Titles,Anoka County, Minnesota Subject to the sanitary sewer,water main, and utility easements as shown on plat of Great Northern Industrial Center—Fridley filed October 30, 1969 as Document No. 65776. And That portion of Outlot B lying Westerly of a line drawn from the Southwest corner of Lot 1, Block 1, to the most Northerly corner of Lot 2, Block 7; Great Northern Industrial Center— Fridley, according to the plat on file and or record in the office of the Registrar of Titles, Anoka County, Minnesota Legal description for PIN#22-30-24-43-0009 Owner: Patricia Paraschuk Lot 2, Block 7; Great Northern Industrial Center—Fridley, according to the plat on file and or record in the office of the Registrar of Titles,Anoka County,Minnesota 38 EXHIBIT B SP# 18-02 Special Use Permit for an Increase in Lot Coverage 5353 East River Road NE Fridley,MN and Parcel Identification#22-30-24-43-0009 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. The addition shall be architecturally compatible with the existing building. 4. City engineering staff to review and approve grading,drainage, and utility plan prior to issuance of a building permit. 5. The petitioner shall satisfy Mississippi Watershed Management Organization requirements prior to issuance of a building permit. 6. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to issuance of 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. 39 Nor CITY COUNCIL MEETING "rij OF JUNE 11 2018 8 Fridley � 2�1 8 To: Walter T. Wysopal, City Manager i eV From: Debra A. Skogen, City Clerk Annie Leibel, City Management and Elections Assistant Date: June 1, 2018 Re: Resolution Appointing Deputy Clerks and Absentee Ballot Board for Absentee Voting for the 2018 Election Cycle The Minnesota State Legislature adopted legislation requiring County Auditors to appoint an absentee ballot board for the purpose of accepting and rejecting absentee ballots. On April 26, 2010, the City Council amended Chapter 4 of the Fridley City Code authorizing the establishment of an absentee ballot board. Section 4.03 requires the City Council to appoint the names of the individuals that will serve on the absentee ballot board. Anoka County has designated the City of Fridley as a location to conduct in person absentee ballot voting and designated the City's appointed members to serve as "Deputy County Auditor" for the purpose of accepting and rejecting in person absentee ballots. In addition, Minnesota Statute Section 203B.081 and Anoka County Resolution#2014-M1 requires the City to designate those individuals issuing absentee ballots on behalf of the County Auditor as Municipal Deputy Clerks. This designation will remain in effect from June 25, 2018 through the end of the contest period following the State General Election of November 6, 2018. Staff recommends a the City Council adopted a resolution appointing city staff to the Absentee Ballot Board and designating them as Municipal Deputy Clerks from June 25, 2018 through November 6, 2018. 40 RESOLUTION NO.2018- A RESOLUTION APPOINTING AN ABSENTEE BALLOT BOARD FOR THE 2018 ELECTION CYCLE WHEREAS, pursuant to MN Statute 203B.081, Anoka County Elections has designated the City of Fridley as a location to conduct in person absentee voting for Fridley residents for the Minnesota 2018 Primary and State General Election; and WHEREAS, the County Auditor must establish an absentee ballot board for ballots issued under sections 203B.16 to 203B.27 and has designated the City's assigned staff as members of that board for the purposes of accepting, rejecting and counting in person absentee ballots; and WHEREAS, the duties of the Absentee Ballot Board are defined in the 2017 Minnesota Election Laws and Rules; and WHEREAS, Fridley City Code Section 4.03 requires the City Council to appoint the number of persons and the names of the individuals that will serve on the Absentee Ballot Board which it deems necessary to carry out the duties of the absentee ballot board. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley hereby designates the following individuals to the City's absentee ballot board: Roberta Collins Pat nvlaghrak James Erickson Jean Michaels Julie Horak Cheryl Pellegrin Amy Kempf Debra Skogen Annie Leibel BE IT HEREBY FURTHER RESOLVED, when the above individuals are acting in their role as the Absentee Ballot Board, they shall take an oath and use the title of"Municipal Deputy Clerk" for that purpose; and BE IT HEREBY FURTHER RESOLVED that the Anoka County Absentee Ballot Board is hereby appointed and designated to act on behalf of the City of Fridley's Absentee Ballot Board. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF JUNE 2018. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 41 i Mir AGENDA ITEM ` °fdley CITY COUNCIL MEETING OF Fri JUNE 11, 2018 To: Walter T. Wysopal, City Manager /� Mayor and City Council /`''' From: Debra A. Skogen, City Clerk Date: June 6, 2018 Re: Approval of a Pollbook Use Agreement for Elections between Anoka County and the City of Fridley Anoka County Commissioners approved the purchase of a new electronic roster system known as electronic pollbooks. The value of the equipment is $990 for each Pollbook, $450 for each hotspot and $1000 for a Meraki Router that provides encrypted Wireless connection between the City and Anoka County. The total value for the County to provide the equipment to the City is $40,806. Anoka County has prepared a Pollbook Use Agreement which specifies the responsibilities of Anoka County and the City of Fridley: • The County owns the equipment and provides it to the City for use and storage. • The County assigns the equipment and records those assignments to each City. • Cities must maintain a Wi-Fi connection to use the system at city hall. • Cities are responsible for"implementing"the system for each election. • Cities will allow vendor to perform all maintenance. • Cities are responsible for equipment in their possession and must safeguard and insure the equipment. • If something doesn't work the vendor,not the county, is the responsible party. • Cities will transport equipment to the polls. • If repairs are needed City will transport to County for repair. • County or City can terminate agreement upon 7 days written notice. Staff recommends a motion to approving the Pollbook Use Agreement with Anoka County, as shown in Attachment 1. 42 Attachment 1 Agreement No. AGREEMENT THIS AGREEMENT,made by and between the COUNTY OF ANOKA, a political subdivision of the State of Minnesota("County"), and the CITY OF FRIDLEY("Jurisdiction"). 1. TERM OF THE AGREEMENT This Agreement shall commence on and con4inue until cancelled or terminated in accordance with the provisions of this Agreement. 2. EQUIPMENT LICENSE During the term of this Agreement and subject to the terms herein, County hereby provides to Jurisdiction and grants Jurisdiction a limited,revocable, non❑exclusive, royalty free license to use the electronic pollbook hardware and software("Election Equipment") assigned by the County to the Jurisdiction ffr official election use. Unless County otherwise agrees in writing, said license is restricted to access and use of the Election Equipment by Jurisdiction's employees, contracted personnel and duly authorized election officials performing election duties and responsibilities on behalf of Jurisdiction. The County hereby delegates authority to the Anoka County Elections Manager to modify the quantity or definition of the Election Equipment assigned to each Jurisdiction and to keep a record of such assignments. Unless the parties otherwise agree, Jurisdiction shall pro'ide and/or maintain, at Jurisdiction's sole cost and expense, secure wireless and other telecommunications necessary for the operation of the Election Equipment. Fkirther and as necessary, Jurisdiction shall acquire or otherwise provide all subscriptions, accounts or other licenses necessary for the operation of the Election Equipment. Jurisdiction shall be responsible for implementation of thie Election Equipment. Jurisdiction shall be responsible for storage of elections equipment assigned by the county to that Jurisdiction. Jurisdictions shall make all necessary Elections Equipment in its possession available to other entities as directed by the county. Unless the parties otherwise agree, County or its designated third❑party vendor shall perform all maintenance and repair of the Election Equiptnent. Jurisdiction shall not repair, change, modify or alter the Election Equipment unless expressly authorized by County or its designee. If any Election Equipment needs repair or maintenance, Jurisdiction shall follow the direction and process provid;d by County. Jurisdiction acknowledges and agrees that, as directed by County, (i) urisdiction may be required to deliver, at Jurisdiction's sole cost and expense, Election Iquipment to County or its 43 designee for maintenance and repair; and (ii)Jurisdiction may be required to provide access to the Election Equipment for inspection,maintenance or repair during Jurisdiction's regular business hours, including but not limited to granting the right to enter into and upon the premises where the Election Equipment is located. Upon reasonable notice, County shall have the right to enter into and upon the premises where the Election Equipment is located for the purposes of inspecting the Election Equipment or observing its use. On an annual basis, during the term of this Agreement, Jurisdiction shall comply with County's request for verification of Election Equipment inventory. Jurisdiction shall secure, safeguard and control the Election Equipment, including but not limited to system authentication and passwords, in the same manner that Jurisdiction secures, safeguards and controls its own critical or confidential equipment, systems, software, data, passwords or other information. While the Election Equipment is in Jurisdiction's possession, custody and/or control,Jurisdiction shall exercise best efforts to (i)use and handle the Election Equipment in a manner that avoids damage or harm to the Election Equipment; (ii)use and handle the Election Equipment in accordance with County direction and any thirdriparty specification; and(iii) safeguard and secure the Election Equipment from theft, loss or other damage. 4. OWNERSHIP County represents and warrants and Jurisdiction acknowledges and agrees that County is duly authorized to grant the license herein exclusively for use by Jurisdiction in its official elections. Pursuant thereto,use of the Election Equipment for any other purpose other than that authorized herein is strictly prohibited absent express written consent of County. Jurisdiction acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by a third party and is protected under state and federal patent, copyright law or other laws,rules, regulations and decisions. Jurisdiction shall protect and maintain the proprietary and trade secret status of the Election Equipment. 4. DISCLAIMER,LIABILITY AND LIMITATION OF LIABILITY County,by and through its duly authorized vendor, is providing the election equipment on an as❑is basis with no support whatsoever. There is no warranty of merchantability, no warranty of fitness for particular use, no warranty of nonE]infringement, no warranty regarding the use of the information or the results thereof and no other warranty of any kind, express or implied. Jurisdiction acknowledges and agrees that County does not own or control the data source/system necessary for operation of the election equipment. Without limiting the foregoing, County does not warrant the performance of the election equipment or related 2 44 communications or connections to any data source/system,that the data source/system will be uninterrupted or error free, that the data is accurate, complete and current or that data defects will be corrected, or that the data source/system is free of harmful code. In no event shall County be liable for actual, direct, indirect, special, incidental, consequential damages or loss of profit, loss of business or any other financial loss or any other damages even if county has been advised of the possibility of such damage. County's sole liability and Jurisdiction's sole and exclusive remedy for any damages related to this agreement, including but not limited to liability for election equipment nonperformance, errors or omissions, shall be limited to restoring or correcting the election equipment to the extent and degree county is capable of performing the same and as is reasonably possible under the pertinent circumstances. Subject to the foregoing limitation of liability and to the provisions (below)regarding responsibility for the costs related to lost, stolen, destroyed or damaged Election Equipment, each party shall be responsible for their own acts and omissions and the results thereof to the extent authorized by law. The parties are not agreeing, in any manner whatsoever,to be responsible for the acts or omissions of the other party. As applicable, County's liability is governed by the provisions of Minnesota Statutes. The statutory limits of liability for the parties may not be added together or stacked to increase the maximum amount of liability for either or both parties. 5. ROYALTY FREE LICENSE D OTHER COSTS Except as expressly set forth below, Jurisdiction shall not pay County any amount for the license granted herein. Jurisdiction shall be responsible for the cost and expense of Election Equipment delivery from and to a location as directed by County. Except for routine wear and tear resulting from use in conformance with the terms herein, Jurisdiction shall be responsible for and shall pay all costs, including but not limited to shipping costs,necessary for the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. Upon expiration or termination of this Agreement for any reason, Jurisdiction shall, at Jurisdiction's sole cost and expense, deliver, or have delivered,the Election Equipment to County or its designee, complete and in good order and working condition, except with respect to Election Equipment with defects attributable to County's vendor or supplier. 6. HANDLING OF EQUIPMENT AND INSURANCE Jurisdiction acknowledges that it shall be responsible for the Elections Equipment while it is in the Jurisdictions' custody. Each Jurisdiction, either through insurance or a self- insurance program, shall be responsible for all costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement 3 45 of the Election Equipment while it's in the Jurisdiction's custody and this contract is in effect. The Jurisdiction shall be responsible for,provide coverage for and shall provide proof of general liability and worker's compensating insurance(Hold Harmless Agreement) for all individuals providing services required by this contract. In addition to the foregoing, the Jurisdiction shall, during the term of this contract,maintain, through commercially available insurance or on a self-insured basis,property insurance coverage on all of the Election Equipment used or intended for use in this agreement to cover all repairs or replacement of the Election Equipment if damaged or stolen. The Jurisdiction is responsible for any deductible under their policy. 7. TERMINATION This Agreement may be terminated by either party upon seven(7) day written notice to the other. Termination of this Agreement by either party and for any reason shall not relieve Jurisdiction of any duties or obligations hereunder including but not limited to the obligation to safely and securely return and deliver the Election Equipment as set forth above. 8. DATA PRACTICES The parties, their officers, agents, owners,partners, employees,volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other applicable state and federal laws, rules,regulations and orders relating to data privacy or confidentiality,which may include the Health Insurance Portability and Accountability Act of 1996 (HIPAA). 9. ADDITIONAL PROVISIONS The parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances currently in force or later enacted including but not limited to the MGDPA, Minnesota Statutes section 16C.05, subd 5 and Minnesota Statutes section 471.425, subd. 4a and, as applicable, COUNTY's Affirmative Action Policy. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 4 46 It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Except as expressly provided herein, any alterations, variations,modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. Jurisdiction shall not assign, sublicense or transfer this Agreement or the rights, duties and obligations herein, either in whole or in part, without the prior written consent of County, and any attempt to do so shall be void and of no force and effect. It is expressly understood and agreed that the obligations and warranties of Jurisdiction and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands. COUNTY OF ANOKA CITY OF FRIDLEY By: By: Its: Its: Dated: Dated: APPROVED AS TO FORM By: Jason J. Stover Assistant County Attorney Dated: 5 47 s AGENDA ITEM CITY COUNCIL MEETING OF JUNE 11, 2018 TO: Walter Wysopal, City Manager PW18-043 FROM: James Kosluchar, Public Works Director DATE: June 7, 2018 SUBJECT: Approve a Revised Construction Cooperation Agreement with Metropolitan Council Environmental Services for Restoration of Community Park On December 18, 2017, the City Council approved a Revised Construction Cooperation Agreement with the Metropolitan Council Environmental Services(MCES)relating to their use of Community Park.Subsequent to our approval,MCES advised that their attorneys requested some further revisions to the agreement. Under the agreement,the City will be paid by Met Council$23,754 for restoration of Community Park. Work has been completed in accordance with this agreement. Staff therefore recommends the City Council move to approve the attached Revised Construction Cooperation Agreement with Metropolitan Council Environmental Services for Restoration of Community Park. If the Council approves, staff will invoice the Met Council for $23,754 in accordance with the agreement. JPK:jpk Attachments 48 Metropolitan Council No. 16I072 COMPENSATION AGREEMENT FOR THE USE OF PROPERTY OWNED BY THE CITY OF FRIDLEY This AGREEMENT is made and entered into by and between the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, hereinafter referred to as "Council" and the City of Fridley, a municipal corporation under the laws of the State of Minnesota,hereinafter referred to as the"City". BACKGROUND RECITALS 1. The Council used property owned by the City of Fridley for the purposes of material storage and equipment staging during a Council Interceptor Rehabilitation Project. 2. The Parties agree that the City will be compensated by the Council for its use of the City's property during the Council's Interceptor Rehabilitation Project. NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by the parties,the parties agree as follows: AGREEMENT 1. Compensation and Waiver of Claims.For the Council's use of the City's property during the Council Project, the Council will pay to the City$23,754. In exchange for this payment from the Council,the City agrees to waive all claims it has or may have against the Council arising out of the Council's use of the City's property. The City and the Council agree that this Agreement constitutes the full and complete settlement of all claims and potential claims arising out of,based upon, or relating to the Council's use of the City's property. 2. Payment.Upon execution of this Agreement,the City shall submit an invoice to the Council for$23,754. The Council shall pay the City within 30 calendar days of receipt of the invoice.No payment will be requested or made which will cause the total value of this Agreement to exceed$23,754. 3. Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law, and shall not be responsible for the acts of the other party and the results thereof. The City's and Council's liability is governed by the provisions of Minnesota Statutes,Chapter 466. 4. Complete Agreement. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by authorized representatives of the parties hereto. 1 49 Metropolitan Council No. 16I072 5. Governing Law. This Agreement is governed, construed, and enforced under the laws of the State of Minnesota without regard to its conflicts of law provisions The remainder of this page is intentionally blank. Signature page to follow. 2 50 Metropolitan Council No. 16I072 IN TESTIMONY WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written METROPOLITAN COUNCIL, A public corporation and political subdivision of the State of Minnesota By: Leisa Thompson General Manager of Environmental Services Date: CITY OF FRIDLEY A municipal corporation of the State of Minnesota By: Its: Mayor Date: and Its: City Manager Date: 3 51 AGENDA ITEM rn°f CITY COUNCIL MEETING OF Fridley JUNE 11 , 2018 • To: Wally Wysopal, City Manager i From: Korrie Johnson, Assistant Finance Director • Date: June 8, 2018 Re: Receive the 2017 Single Audit Financial Report and Audit Review Beginning with the implementation of the Uniform Guidance, all non-federal government agencies and nonprofit organizations that expend $750,000 or more in federal awards in a given fiscal year are required to conduct a single audit. In 2017 it was determined that the City of Fridley needed to undergo a single audit based on our pedestrian bridge and trail project on 694/Main Street. The City engaged with an independent audit firm to review its financial condition. Finance staff and Redpath and Company audit staff undertook an extensive audit process. Preliminary work for the 2017 audit began in December and extensive work took place in May. The independent audit report will be distributed at the June 11, 2018 meeting. The audit concludes positively for the City with an unqualified decision. Opportunities for questions will be provided at the meeting. Staff recommends that the Council make a motion to receive the 2017 Schedule of Expenditures of Federal Awards and Independent Auditor's reports. 52 AGENDA ITEM JJ' ) COUNCIL MEETING OF JUNE 11 , 2018 CLAIMS CLAIMS 181014 - 181181 53 CO W CO om C O pO 8 p co N pOH p OH ei �-I N aN Op0D� M e N{ aN a N O O A A N O O 8 N NI N N O O N N O A 01 Oa0 Op A M N N N N O M NI N N CO M t0 10 N)4 aN N N In O1 01 !4 i m O 0 n. la I C co .. . . .. . . ..O .-1N o o o_ > N >' N ea z z a z Ca (� N W W Q Z Z O Lal cc Z Gafo et m e 5ZG e1 "a OV 10 m W W z 4., Ci qa v Oto d 0 W Q F Z 0 fQ N O LL pp O S 4.) 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N N O N 4.0 aNa b to M 10 to a II 'O 8 01 Q Vf O N O N �+ N Np N Cr V1 R Y CO 01 ♦n-1 N 00 N v v w w 00 .'"n a 0 — of 0 7 N 8 00 0 A n V N 77 CITY COUNCIL AGENDA ITEM ren CITY COUNCIL MEETING OF JUNE 11 , 2018 To: Walter T. Wysopal, City Manager Mayor and City Council From: Debra A Skogen, City Clerk Ryan George, Police Captain Date: June 4, 2018 Re: Second Reading of an Ordinance Repealing and Recreating Chapter 125 of the Fridley City Code Related to the Licensing of Massage Therapy Businesses and Massage Therapists and Adoption of Summary Ordinance Staff conducted research of the massage therapy business licensing due to issues with businesses claiming they do massage therapy but are really a front for criminal activity. After thorough study and review staff prepared an ordinance and provided it to the City council at their May 14, 2018 conference meeting. The City Council held the first reading of the ordinance on May 29th. At that time there were two questions that needed additional clarification: The language in Section 125.05.1.A(6) appeared to be confusing. After consulting with the city attorney,the language was changed to identify what information an applicant is required to provide regarding past-due taxes and utilities. This information may be used in Section 125.10(9) as a grounds for the suspension, revocation or denial of the massage therapy business or massage therapist license. The language in Section 125.05.05.2.J(3)defines proof an applicant has met academic requirements. The intent of the educational requirement is that applicants for a massage therapist license have undergone formal training. Prior to the formal training programs made available in the last five to ten years,there are a number of individuals who have engaged in massage therapy services for many years who may not have completed formal training in an accredited institution. Despite this lack of formal academic training,these individuals have sufficient skills and • knowledge, honed from years of experience as massage therapists. Rather than require that individual to obtain an expensive diploma or certificate of graduation,this provision allows them to use that experience to obtain a certificate from the National Certification Board for Therapeutic Massage. This alternative path to licensure ensures that experienced massage therapists currently working in the City will not be forced to stop working to complete a new course of education. 78 After the Council meeting letters were mailed to the local business that would be affected providing information about the ordinance. Staff received several calls from individuals practicing who would file for an individual business license and therapist license. They were concerned about the investigative fee. After further discussion, staff has recommended a decrease for individual businesses as the investigation would take less time. Staff has proposed changing the investigative fees as follows: Massage Business Investigative Fee for Corporate/Partnership - $400 (new) ($200 renewal Massage Business Investigative Fee for Individual - $200 (new) ($100 renewal Staff recommends the following actions: 1. A motion waiving the reading and ordering the adoption of the second reading of an Ordinance Repealing and Replacing Chapter 125 Related to the Licensing of Massage Therapy Businesses and Massage Therapists; and 2. A motion ordering the adoption of a Summary Ordinance Repealing and Replacing Chapter 125 Related to the Licensing of Massage Therapy Businesses and Massage Therapists. 79 ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING CHAPTER 125 OF THE FRIDLEY CITY CODE RELATED TO THE LICENSING OF MASSAGE THERAPY BUSINESSES AND MASSAGE THERAPISTS THE CITY COUNCIL OF THE CITY OF FRIDLEY HEREBY ORDAINS AS FOLLOWS: Section One. Repeal and Replacement. Chapter 125 of the Fridley City Code is hereby repealed in its entirety and replaced as follows and is hereby ordained and adopted: CHAPTER 125. MASSAGE THERAPY BUSINESSES AND MASSAGE THERAPISTS 125.01. PURPOSE AND FINDINGS 1. Purpose. The purpose of this chapter of the city code is to prohibit the operation of massage businesses and the offering of massage services to the public except by those licensed as massage therapy businesses and massage therapists pursuant to this chapter. The licensing regulations prescribed herein are necessary in order to protect legitimate businesses, to prevent criminal activity, and to protect the health and welfare of the community. The purpose of this section is not to impose restrictions or limitations on the freedom of protected speech or expression. 2. Findings of the City Council. The city council makes the following findings regarding the need to license massage therapy businesses and massage therapists and to prohibit all other types of massage businesses and services to the public: A. Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public. B. Health and sanitation regulations governing massage therapy businesses and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. C. Establishing license qualifications for massage therapy businesses and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. D. Massage therapy businesses which employ persons with no specialized and standardized training can tax law enforcement services because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. 1 80 E. The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare. 125.02. DEFINITIONS The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: 1. Accredited Institution. An educational institution holding accredited status with at least one of the federally-recognized accrediting agencies. 2. Accredited Program. A massage therapy program accredited by an educational institution holding accredited status in the field of massage therapy with at least one of the federally-recognized accrediting agencies. 3. Advertise. To publish, display, broadcast or disseminate information by any means that can be reasonably construed as an advertisement. 4. Clean. The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly or extraneous matter. 5. Good Repair. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks obstructions and similar defects so as to constitute a good and sound condition. 6. Issuing Authority. The City Council. 7. Massage or Massage Services. Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands, arms, or elbows or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil,powder, cream, lotion,ointment, or other similar preparations. 2 81 8. Massage Therapy Business. A person or entity which operates a business which hires or contracts with massage therapists licensed by the city to provide massage services to the public. The owner/operator of a massage therapy business need not be licensed as a massage therapist if he or she does not at any time practice or administer massage to the public. A massage therapy business may employ other individuals such as cosmetologists and estheticians, and these individuals are not required to have a massage therapist license, as long as they are not providing massage services to the public. 9. Massage Therapist. An individual who practices or administers massage to the public for consideration. 10. Operate. To own, manage or conduct, or to have control, charge or custody over. 11. Person. Any individual, firm, entity, association, partnership, corporation,joint venture or combination of individuals. 125.03 . LICENSE REQUIRED 1. Massage Therapy Business License. It shall be unlawful for any person or entity to own, operate, engage in, or carry on, within the city,any type of business offering massage services to the public for compensation without first having obtained a Massage Therapy Business license from the City pursuant to this section. 2. Massage Therapist License. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for compensation within the city without first having obtained a massage therapist license from the city pursuant to this section. 125.04. EXCEPTIONS A Massage Therapy Business or Massage Therapist license is not required for the following persons and places: 1. Persons duly licensed in this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered by the individual in the regular course of the medical business and not provided as part of a separate and distinct Massage Therapy Business. 3 82 2. Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the head and neck. 3. Persons hired or employed by a person duly licensed by this state pursuant to Minnesota Statutes Chapters 147 or 148, or a dental professional licensed under Chapter 150A. Such persons shall only be authorized to provide massage services on the business premises of the employer. 4. Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings. 5. Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution may perform massage services at clinics or other facilities located outside of the accredited institution provided that they have at least 150 hours of certified therapeutic massage training at the accredited institution prior to performing the massage services outside of the institution, have proof of liability insurance, and are identified to the public as a student of massage therapy. 6. Persons or organizations providing temporary massage services such as "chair massages" provided the following requirements are met: A. The massage is provided in a place of business where the massage can easily be seen by any employee or visitor on the premises; B. The location does not hold a license to sell alcoholic beverages; C. Massages are offered at the location no more than ten(10)days per calendar year; D. Each recipient of a massage remains in an upright position, either sitting or standing; and E. Each recipient of a massage remains in the normal daytime attire worn when entering the business and does not remove any clothing except outwear such as a coat or jacket. 125.05. LICENSE APPLICATION Licenses shall expire on April 30th of each year. All applicants shall complete and submit the requisite license application form provided by the City and provide all information required there, as well as comply with providing the following information: 4 83 1. Massage Therapy Business License Application. An application for a Massage Therapy Business license shall be made on a form supplied by the City Clerk and shall include the following information: A. All Applicants. For all Massage Therapy Business license applicants: (1) Proof that the proposed business location meets the zoning requirements of the City's zoning code. (2) Whether the applicant is an individual, partnership, corporation or other form of organization. (3) The legal description of the premises to be licensed together with a site plan showing dimensions, location of buildings, street access, and parking facilities. (4) The floor number, street number, suite number(s) and rooms where the massage services are to be conducted. (5) Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans for design are on file with the City's building and inspection department, no plans need be submitted to the City. (6) Whether all city utilities, real estate and personal property taxes that are due and payable for the premises to be licensed have been paid. If the applicant is in arrears for the payment of the same, the applicant shall state the time period and amount of delinquent taxes and utilities in arrears.. and if not paid, the amount in arrears and the time period the delinquency encompasses. (7) All applications for licenses shall be signed and notarized. If the application is that of a natural person, it shall be signed and notarized by such person; if by a corporation, by an officer thereof; if by an incorporated association, by the manager or officer thereof; if by a limited liability company (LLC), by a member thereof. Any falsification of information on the license application shall result in the denial, suspension or revocation of the license. (8) The amount of investment the applicant has invested in the business, buildings, premises, fixtures, furniture and equipment, and proof of the source of such investment. If a partnership, corporation, or other form of organization, the names and addresses of any other persons investing in the 5 84 business, building, premises, fixture, furniture and equipment, the amount of their investment, and proof of the source of such investment. (9) Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was revoked or suspended within the last five (5) years from the date the license application is submitted to the City. (10) Such other information as City staff or the city council shall require. B. Individuals. For Massage Therapy Business license applicants who are individuals: (1) Full name, all aliases used, full address,phone number, and email address. (2) Proof of whether the applicant is a citizen of the United States, a resident alien or has the legal authority to work in the United States. (3) Whether the applicant is currently licensed in other communities to perform massage therapy, and if so,where. (4) Names of the applicant's employers for the preceding five (5) years along with the dates for such employment, occupations, employer's addresses and contact information, including phone numbers and email addresses. (5) Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense. If so, the applicant shall furnish information as to the time, place and offense for each conviction. (6) Whether the applicant has ever been engaged in the operation of a massage therapy business or worked as a massage therapist. If so, applicant shall furnish information as to the name, place and length of time of the involvement in such an establishment and/or work as a massage therapist and state if the applicant has ever had a massage business or therapist license denied, suspended, revoked, or not renewed in any other city. (7) A list of residential address at which the applicant has lived for the preceding five(5)years. (8) Whether the applicant has had an interest in, as an individual or as part of a partnership, corporation, or other form of organization that has had a massage license revoked or suspended within the last five (5) years of the date of the license submitted to the City. 6 85 C. Partnerships. For Massage Therapy Business license applicants that are partnerships: (1) The names of all general and limited partners and all information concerning each general partner as is required for individual license applicants. (2) The managing partner(s) shall be so designated. (3) The interest of each general and limited partner in the business shall be disclosed. (4) A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to a trade name under Minn. Stat. § 333.02, a certified copy of such certificate shall be submitted. D. Corporations and Other Organizations or Entities. For Massage therapy business license applicants that are corporations or other types of organizations: (1) The name of the organization, and if incorporated, the date and state of incorporation. (2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minn. Stat. § 303.02. (3) The name of the general manager. corporate officers, and proprietor or other person in charge of the premises to be licensed, and all the information about said persons required for individual license applicants. (4) A list of all persons who own or have a controlling interest in the corporation or organization or who are officers of said corporation or organization, together with their addresses and all the information regarding such persons. 2. Massage Therapist License Application. An application for a Massage Therapist license shall be made on a form supplied by the City Clerk and shall include the following information: A. The applicant's full name, all aliases, full residential address, home telephone number, cell phone number, and email address. B. The applicant's residential addresses for the previous five (5) years. 7 86 C. The name of applicant's current employer, full address, and length of time employed. D. The names, address, occupations, dates of employment and contact information for the applicant's employers for the previous five (5)years. E. The applicant's birth date, physical description, including weight, height, color of eyes, and color of hair. The applicant shall provide an enlarged color photocopy of the applicant's driver's license or state-issued I.D. front and back, or any other government-issued photo identification. If the photocopy is unacceptable to the police chief, or designee, the police department may take photographs for the file. F. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense and, if so, the time, place, and offense for each conviction. G. Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, entity, business or firm, a massage license that was revoked or suspended within the last five (5) years from the date the license application is submitted to the City. H. The names, residential and business addresses, and current contact information, including a phone number, for three (3) residents within the metropolitan area, of good moral character, not related to the applicant or financially interested in the premises of the business, who may be referred to attest to the applicant's character. Proof of whether the applicant is a U.S. citizen, resident alien, or has the legal authority to work in the United States. J. Proof that the applicant has met the following requirements: (1) Is affiliated with, employed by, or owns a business licensed as a Massage Therapy Business by the City. (2) Provides proof that the applicant has met the academic requirements by providing the following: a. A certified copy of a transcript of academic record from an accredited program or accredited institution that has been approved by the City; and b. A copy of the diploma or certificate of graduation from an accredited program or accredited institution approved by the City. The accredited program or accredited institution must confirm that the applicant has successfully completed a minimum of 600 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage 8 87 theory and research, and massage practice from the same accredited program or accredited institution; and c. Proof of current insurance coverage of $1,000,000.00 for professional liability in the practice of massage; (3) In lieu of the academic requirement listed herein,the applicant may provide proof of passage of the National Certification Exam offered by the National Certification Board for Therapeutic Massage and Bodywork and a minimum of seven (7) years of full-time work experience as a massage therapist within the United States. The applicant is still required to provide proof of compliance with the remaining provisions of this section. K. Whether the applicant is currently licensed in other communities to perform massage therapy, and if so, where as well as whether the applicant has ever had a massage-related license denied, suspended, revoked, or not renewed in any other community. L. Whether the applicant has ever been engaged in the operation of a massage therapy business, and if so, information as to the name, place, dates and length of time of the involvement in such a business, including whether the business has ever had a license for the business denied, suspended, revoked, or not renewed. M. Such other information as the city council or staff shall require for the purpose of approving the license. 125.06. TERM AND RENEWAL OF LICENSE 1. Licenses shall be issued for a term of one year. All Massage Therapy Business and Massage Therapist licenses shall expire on April 30th of each year. Licenses are non-transferable. 2. An application for a renewal of a Massage Therapy Business or Massage Therapist license shall be made in the same manner as the original application. The license and investigative fees shall be the same as the initial license application set forth in Chapter 11 of this code. 3. If the license holder is a corporation, a new license application shall be submitted to the City within thirty (30) days whenever more than ten percent (10%) of the corporation's stock is transferred. If the license holder is a partnership, a new license application shall be submitted to the City within thirty(30) days whenever a partner is added to the partnership. 4. After the completion of the initial license and renewal verification process for the Massage Therapy Business license, City staff shall present a memo recommending approval or denial of the business license to the city council in accordance with this section. If the license application is denied, the City Clerk shall notify the applicant of the determination in writing and by regular mail to the address provided on the application form within ten (10) business days of the denial. 9 88 125.07. LICENSE FEE The fees for Massage Therapy Business and Massage Therapist licenses shall be set in Chapter 11 of this code. An investigation fee shall be charged for Massage Therapy Business and Massage Therapist licenses as set in Chapter 11 of this code. Each application for a license shall be accompanied by payment in full of the required license and investigation fees. An application shall be deemed incomplete unless it is accompanied with the required fees, all documentation required by this section, and is completed in its entirety. 125.08. LICENSE APPLICATION INVESTIGATION AND VERIFICATION All applications shall be referred to the police chief, or designee, and such other city departments as the City Manager shall deem necessary for verification and investigation of the facts set forth in the application. The police chief, or designee, is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the application. The police chief, or designee, is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension's Computerized Criminal History information system in accordance with BCA policy. The police chief, or designee, and other consultants shall make a written recommendation to the City Council as to the issuance or non-issuance of the Massage Therapy Business or Massage Therapist license. The City Council may order and conduct such additional investigation as it deems necessary. Upon completion of its investigation the City Council shall grant or deny the license. No investigation fee in part or whole shall be refunded. Out of state investigations shall require the applicant to pay actual out-of-pocket expenses. A deposit for an out-of-state investigation shall be required in advance as set forth in Chapter 11. The applicant shall be refunded any unused deposit upon completion of the investigation if the application is denied. 125.09. INSPECTIONS In light of the high risk of involvement with illegal conduct an establishment providing massage therapy poses to the general public, City staff and/or the police department shall have the right to enter, inspect, and search the licensed premises during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this section. Any search of the licensed premises is subject to reasonableness standards as recognized by the courts; search warrants will be secured when applicable. Any entry into a private residence will require consent, exigent circumstances, or a search warrant. With reasonable notice, the business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises is open for business. 125.10. LICENSE DENIAL, SUSPENSION OR REVOCATION In addition to the grounds found elsewhere in the City Code, the following reasons are grounds for the denial, suspension, or revocation of a Massage Therapy Business or Massage Therapist license: 10 89 1. The applicant has been convicted of criminal prostitution, similar sex offenses, or other crimes directly related to the offering of massage therapy services or the running of a massage therapy business and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes Section 364.03, subd. 3. 2. The applicant is a partnership, corporation, or other entity which has in its employ or is owned by any persons convicted of criminal prostitution, similar sex offenses, or other crimes directly related to the offering of massage therapy services or the running of a Massage Therapy Business. 3. The owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverages, narcotic drugs or controlled substances, as defined by state statutes, on the premises. 4. If the holder of a business license fails to maintain with the City a current list of all employees of such licensed premises. The list for the establishment shall include all massage therapists licensed under this chapter. 5. A material variance in the actual plan and design of the premises from the plans submitted. 6. There is any fraud, deception, or misstatement on the license application. 7. The owner, manager, lessee, or their employees or any massage therapist, are convicted of any ordinance violation or crime occurring on the licensed premises. 8. The licensed premises are not located in an approved zoning district or otherwise do not meet the health and safety standards found within the City Code for the licensed premises. 9. The applicant is delinquent upon its payment to the City of utilities, taxes, fines, or penalties assessed or imposed against the applicant. 10. The licensed activity is conducted in such a manner as to constitute a breach of the peace, a menace to the health, safety, or welfare of the public, or a disturbance of the peace or comfort of the residents of the City, upon recommendation of the police department or an appropriate City official. 11. The licensee fails to continuously comply with all conditions required as precedent to approval of the license. 12. Based on the findings of a background investigation, granting a license would be a menace to the safety,health, morals, or welfare of the public. 13. The applicant or licensee is not of good moral character. 14. The applicant or licensee is not the real party in interest of the enterprise. 11 90 The City Council may suspend or revoke a Massage Therapist or Massage Therapy Business license following provision of written notice to the licensee and a hearing. Notice shall be provided to the license holder in writing at least seven (7) days prior to the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. 125.11. LICENSE RESTRICTIONS 1. Posting of License. A. Business License. A Massage Therapy Business license must be posted in a conspicuous place on the premises for which it is issued. B. Massage Therapist License. A person licensed as a Massage Therapist shall post the Massage Therapist license, along with a color photo, in a conspicuous place on the premises at which the therapist is associated. A Massage Therapist shall have readily available at all times when massage services are rendered a government- issued photo identification card. 2. Licensed Premises. A. Business License. A Massage Therapy Business license is only effective for the compact and contiguous space specified in the approved license application. If, following issuance of the license, the licensed premises is enlarged, altered, or extended, the licensee shall inform the City Clerk of the same within ten (10) business days of the enlargement, alteration, or extension. The licensee shall meet with designated City staff who shall confirm that the enlarged, altered, or expanded space is in full compliance with all City regulations, including the building code. If the enlarged, altered, or expanded space is in full compliance with all City regulations, the business license shall be amended to encompass the larger space. B. Massage Therapist License. A Massage Therapist license shall only be issued for the location of the licensed Massage Therapy Business premises. It shall be the continuing duty of each licensee to notify the City Clerk, within ten (10) business days, of any change in the information or facts required to be furnished on the license application and failure to comply with this section shall constitute cause for revocation or suspension of such license. 3. Affiliation with Business Required. A Massage Therapist shall be employed by, affiliated with, or own a Massage Therapy Business licensed by the City, unless a person or place is specifically exempted from obtaining a Massage Therapy Business license pursuant to this chapter. 4. Employment of Unlicensed Massage Therapists Prohibited. No Massage Therapy Business shall employ or use any person to perform massage services who is not licensed as a Massage Therapist under this section, unless the person is specifically exempted from obtaining a Massage Therapist license pursuant to this chapter. 12 91 5. Coverage of Genitals During Massage. The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with non-transparent material or clothing. 6. Therapist Dress Requirements. Any Massage Therapist providing massage services shall at all times be dressed professionally. 7. Massage of Certain Body Parts Prohibited. At no time shall a Massage Therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, breasts, or vaginal area of a person. 8. Restrictions Regarding Hours of Operation. No Massage Therapy Business shall be open for business, nor will any Massage Therapist offer massage therapy services, before 8:00 a.m. or after 10:00 p.m. any day of the week. No customers or patrons shall be allowed to remain upon the licensed premises after 10:30 p.m. and before 8:00 a.m. daily. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours. 9. Illegal Activities. In addition to the license restrictions set forth in this section, any advertising by a licensee of any potential unlawful or erotic conduct at the licensed establishment or by a licensed massage therapist shall be prohibited. A licensee under this section shall be strictly responsible for the conduct of the business being operated in compliance with all applicable law and ordinances, including the actions of any employee or agent of the licensee on the licensed premises. 10. Restrictions Involving Minors. No license may be issued to a person under eighteen (18) years of age. 125.12. RESTRICTIONS REGARDING SANITATION,HEALTH AND SAFETY 1. Toilet Room Requirements. A Massage Therapy Business shall be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room shall be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room shall be kept clean and in good repair and shall be adequately lighted. 2. Paper/Linen Requirements. A Massage Therapy Business shall provide single-service disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the massage; or in the alternative, if the table, chair, or furniture on which the patron receives the massage is made of material impervious to moisture, such table, chair, or furniture shall be properly sanitized after each massage. 3. Washing of Hands Required. The premises shall contain an on-site sink. The Massage Therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed. 4. Door Latches and Locks. Doors on rooms where massage services are provided shall not be locked or capable of being locked. Locks, latches or other devices intended to secure a door 13 92 so as to prevent it from being opened by any person from either side of the door with or without a key cannot be present on any doors of rooms intended for Massage therapy. 125.13. PENALTIES Whoever does any act forbidden by this Chapter or omits or fails to do any act required by this Chapter shall be guilty of a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of the Fridley City Code. Section Two. Effective Date. This Ordinance shall be effective beginning on August 1, 2018, following its adoption and publication according to law. Section Three. Fees. That Section 11.11 be hereby amended and ordained as follows: 125 Saun nd Ma. a Parlors X00 $3,000/year $4-00-each _ - $50-eash/year 125 Massage Therapy Business License Fee Business Investigation Fee Corporation/Partnership $400(new)$200(renewal) Business Investigation Fee Individual $200(new)$100(renewal) Massage Therapist License Fee $50 Therapist Investigation Fee $25 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF JUNE 2018. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: May 29, 2018 Second Reading: June 11,2018 Publication: June 22, 2018 14 93 ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING CHAPTER 125 OF THE FRIDLEY CITY CODE RELATED TO THE LICENSING OF MASSAGE THERAPY BUSINESSES AND MASSAGE THERAPISTS I. Title An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to license and regulate massage therapy business and therapists. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 125 of the Fridley City Code be repealed in its entirety and replaced with new language requiring the licensing and regulation of massage therapy businesses and individual massage therapists. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley,MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF JUNE 2018. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: May 29,2018 Second Reading: Published: 15 94 AGENDA ITEM ���°f CITY COUNCIL MEETING OF Fridlalwey JUNE 11 , 2018 Date: June 7,2018 To: Walter T. Wysopal, City Manager From: Scott Hickok,Community Development Director Julie Jones,Planning Manager Stacy Stromberg,Planner Subject: Public Hearing to Consider Revocation of SP# 07-01 for Sam's Auto Parts Background Eleven years ago,the City Council granted a special use permit to Sam's Auto Parts to continue to operate a auto salvage yard on the corner of 73rd Avenue and Central Avenue.The special use permit was accompanied by a rezoning for one of the parcels used by the business and a variance to fence height. There were six stipulations tied to the special use permit and 18 stipulations tied to the rezoning.Despite repeated reminders, several of the stipulations have never been completed by the owner. Since eleven years has passed on a five- year compliance plan,staff believes the City is compelled to revisit the validity of this permit. As the City had done with other scrap yards in the area,the owner,Barry Hoosline,had been given a five- year timeline for reaching completion of the stipulations of their special use permit. This was due to the fact that many of the stipulations involved a significant financial investment in the business site. Staff has repeatedly been lenient on the delays in compliance as the property owner has been seriously ill and has experienced financial difficulties. Staff had scheduled a revocation hearing for this case last summer,but cancelled the hearing when the property owner appeared to be making progress. Today,however,the same stipulations that were incomplete last summer remain incomplete, leading staff to move forward with a revocation hearing. The stipulations that remain incomplete are: • The stormwater pond improvements need to be complete(deadline was Oct. 15,2009) • New 73rd Avenue access has not been completed according to the site plan(deadline was July 1, 2010) • Barry Hoosline does not yet own 7340 Central parcel yet,and until he does,it is impossible to combine all the lots for tax purposes as stipulated. • MPCA records list an underground tank still on site in 2009. Staff is unsure if a recently submitted MPCA letter clears that record. A public hearing notice related to this permit was advertised in the Fridley Sun Focus newspaper on May 25, 2018. 95 In recent communication with staff,the property manager has indicated that they anticipate having the remaining stipulations met by the end of the month. They have accepted a proposal from a contractor to install concrete and asphalt contractor.They also have indicated that they have a contractor selected to install the pond liner,which is on order. Recommendation Staff recommends that the City Council continue the public hearing until July 9, 2018,to give the property owner a few more weeks to complete the stipulations. 96 Siegalrp3 I g RR • 1i*t.1 n co i ' € E i m 1•`ii `"�' i{ if k 1 1 ! Y.Ri,;;;; :* 8 $ ( >3 g V P sr;..;..•.i..,;4.44.:,. ..1., 7,1 .1: o g 1 f 9O > r i 1 I _ - '- _1 83138 €113211 flit E '� l N iil 65 A S 11 gg s `` ` 1 a $ i ' n It k i'� 1 r1 i Iy' , . .• . ' . 11: li 1 ill III 1 II ‘441:N;. ii . irilE iiidi 111 fli i il I 1 t t Pr firl_ 1 r am 1 ; li 0 i . , , 1§ 11 „ int . :, 1 I ' 1:1 "-kt ., illiti itiglii A ig . E 1 4AI i V i i 2 I 2 p g0 11 a a t! . x .1(ril, 1? in 1 ig ii oil 1 4 , 1 : ,t z eil ,,, , F Fi„ z ;1 . ; ' I 1 Ism ;I 1 1 '5a 3o m ' ' R R 9 _ t" 1 , !. 1 9 I _ i OF, S -. A I 6 I 7 € I u i - fit I• f • 5 3a a$ '° � , 3 I ,�' g a I >ID.. °a-le . 4. l� A SI 1. 111, ljb ill ! tH1 ,,,...\..,‘„,.›.,,. . ,,,..-..,,,,,,...\\ 1s INv-Be,.30 ��— „- 7....„.. ,,,,„ , ai E,-11,-3..z• ....—< ¢C' !■g - ,..,„ ,` •.kE6f, /� <�r• a V O I��G E ei_jo-i¢ COSTING IPC.LP. 11ER �, �r hV\ u� OC i O g <e 15^OUTLET-INV-883.25 � C • 3 C �v 11 -,- ` �')t' ENUE——— hg I ,! b �g 2 (COUNTY HIGHWAY NO.,35) 1 i 11 ,T INV-983.00 C i '1111 MI\ liqi'll'a 0 o ces .� a s s \ 1 r FINAL GRADING PLAN Easlsuq> a ;IMP � 5t PREPARED FOR €' , `1 SATHRE—BERGQUIST, INC. L �+��'^ Am o m m o = SAMS AUTO PARTS 150 SOUTH BROADWAY WAYZATA MN.55391 M52)4764000 1 Q .V.i 1240 73-1/2 Avenue NE N °s PO. e. 0) Fridley,Minnesota 55432 ` -1 / \ / 97 CITY COUNCIL ACTION TAKEN NOTICE June 25, 2007 Barry Hoosline Sam's Auto Parts 1240 73 %Avenue NE Fridley MN 55432 Dear Mr. Hoosline: On Monday, June 11, 2007, the Fridley City Council officially approved your request for a Special Use Permit, SP #07-01, to allow an auto recycling center (junk yard), in M-1, Light Industrial Zoning District, legally described as Lots 16, 17, & 18, Block 2, Central View Manor, generally located at 1230—73 Avenue NE, 1240 73 ' Avenue NE, and 7340 Central Avenue NE Approval of this special use permit is contingent upon the following stipulations: 1. By October 1, 2007, the petitioner shall redesign the site plan according to code and obtains approval by staff and reduces screening fence height or applies for fence height variance. 2. By May 1, 2008, the petitioner shall obtain approval of grading and drainage plans by the RCWD. 3. By May 1, 2009, the petitioner shall have all soil testing and any discovered contamination rectified and has removed all of the nonconforming buildings from the site. 4. By October 15, 2009, the petitioner shall have the storm water ponding improvements installed. 5. By July 1, 2010, the petitioner shall have completed all curbing and paving according to the approved site plan. 6. By June 1, 2011, all of the stipulations shall be completed, including landscaping according to a landscape plan approved by staff. Also, on Monday, June 11, 2007, the Fridley City Council officially approved your request for a Rezoning, ZOA 07-01, to rezone the property at 7340 Central Avenue NE, from C-1, Local Business to M-1, Light Industrial. Approval of this rezoning is contingent upon the following stipulations: 1. Property owner conduct soil testing and provide City and other applicable government authorities proof of clean soils prior to installation of any new impervious surface on any of the parcels involved in the approved application. 2. Once Petitioner owns all of the property used for his business, owner shall file necessary documents with Anoka County to combine the parcels for tax purposes. 98 Sam's Auto Parts Page 2 June 18, 2007 3. The single family home and the garage structures, which do not meet setback requirements, on the 7340 Central Avenue parcel be removed and other accessory buildings and fencing on the 1240 73 %Avenue parcel be removed according to the petitioner's June 26, 2006 preliminary grading plan. 4. Petitioner to obtain approval of grading and drainage plan from the watershed district. 5. Petitioner to obtain any necessary approvals to operate an auto recycling center from the appropriate governmental authorities. 6. Petitioner to obtain all necessary permits prior to construction or demolition. 7. Site Plan needs to be adjusted to provide code required curbing/paving installation setbacks. 8. Petitioner to meet all building and fire code requirements. 9. City Engineering staff to review and approve final grading and drainage plan prior to issuance of permits. 10. Storm pond maintenance agreement must be filed prior to issuance of land alteration permit. 11. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 12. Final landscape plan to be reviewed and approved by City Staff prior to issuance of land alteration permit. 13. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 14. Property owner of record at time of land alteration to correct any deficiencies in the water and sewer connections to the buildings on site. 15. Secondary access curb cuts and gates in fence on Lot 16 and 17 on 73 %Avenue must be removed as part of redesigned site plan. 16. Any business signs that are not approved currently by a sign permit must be removed from the site until a permit is obtained. 17. Petitioner to reduce screening fence height to 8'or obtain variance. 18. Petitioner to provide proof that any unused underground storage tanks have been properly removed or conduct a tank search and abatement if any tanks are found. If you have any questions regarding the above action, please call me at 763-572-3590. Sincerely, Scott Hickok Community Development Director SH/jjb cc: Special Use Permit File Rezoning File Address File Tina Beckfeld Stacy Stromberg GIS Dept. Assessing—Mary Smith Engineering Dept.—Ray Statler Engineering Dept.—Jon Haukaas Duane Waldoch—7340 Old Central Ave. Derek Haluptzok—7300 Old Central Ave. 99 fJi ,( AGENDA ITEM CITY COUNCIL MEETING ridley JUNE 11, 2018 Date: June 8, 2018 To: Wally Wysopal, City Manage* From: Paul Bolin, Asst. Executive HRA Director Subject: Public Hearing to Create TIF District#24 — Northern Stacks VIII Hyde Development has requested the Authority's assistance to clean up contaminated soils, for what will be known as Northern Stacks VIII. This is the building located at 5101 Industrial Boulevard, adjacent to Northern Stacks. I ,,, ;,. :.v„,,..,,,wit„i„ i '-p---- 7, 1- r r 7 n , ..,,.._ 0*4%-**,+."410 ",: - 7 ." ' t # % , . .d .„ ._ ....? - (-0* ....,..-, . - # < } r. „A , , , ,„ , ,, . _ 4- -, ' 1 ,- t'=,-a''',i•' ,104..«v r�.. -' is, -^^- 2' A, ii 7q} li s TIF District#24- Northern Stacks VIII is being created to fund portions of the redevelopment activities for the site located at 5101 Industrial Boulevard NE. The creation of this district will allow Hyde Development to feasibly redevelop this contaminated site by paying for some of the extraordinary cleanup costs. The eligible cleanup activities include a vapor mitigation system for the existing buildings, constructing drive and truck court as engineered barrier for contaminated soil, stormwater enhancements, and creation of clean green spaces. 100 Staff has been working diligently with legal counsel to ensure all of the proper steps towards the creation of TIF District#24 have been taken. A notice of intent to create the district was provided to Commissioner Kordiak; a draft TIF Plan was provided to Anoka County and to the School District; and Monday night's hearing has been advertised in the Fridley Focus. On June 7th, the HRA, adopted a resolution that modified the redevelopment plan for Redevelopment Project #1 and the TIF Plans for Districts#6, 9, 11-13 and 17-23 to reflect increased project costs and increased bonding authority within Redevelopment Project #1. The resolution also gives their authorization for the creation of TIF District#24 and adopts the TIF Plan for District#24. Staff recommends that the Council hold the public hearing for the creation of TIF District #24. • 101 SECTION XXVI TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 24 (Stacks VIII) Subsection 26.1. Statement of Objectives. See Section I, Subsection 1.5, Statement of Objectives. Subsection 26.2. Modified Redevelopment Plan. See Section I, Subsections 1.2 through 1.15. Subsection 26.3. Parcels to be Included. The boundaries of Tax Increment Financing District No. 23 (the "TIF District") are described on the attached Exhibit XXVI-A and illustrated on Exhibit XXVI-B. Subsection 26.4. Parcels in Acquisition. The Authority may write down or acquire and re-convey real property, or interests therein, within this TIF District or elsewhere within the Project Area, at the time or times as the Authority may determine to be necessary or desirable to assist or implement development or redevelopment within the Project Area or the TIF District. The Authority may acquire any of the parcels described on Exhibit I-A and illustrated on Exhibit I-B by gift, dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of the Redevelopment Plan or the TIF Plan. Subsection 26.5. Development Activity for which Contracts have been Signed. As of the date of adoption of the TIF Plan, the Authority intends to enter into Redevelopment Contracts with developers for the activities discussed below: Subsection 26.6. Specific Development Expected to Occur. At this time it is anticipated that the current parcel will be redeveloped to include the following: Environmental Activities: • Remediation of site soils impacted with volatile organic compounds, polycyclic aromatic hydrocarbons and Resource Conservation and Recovery Act metals and construction debris; • Installation of Vapor Treatment System under the existing building floor; and • Construction of new green spaces and utility corridors by removing contaminated soil. Redevelopment Activities: • Relocate semi trailer storage area against the west building façade; • Create new stormwater pond on SW corner of site (currently semi trailer storage); 26-1 102 • Paint building Stacks gray; • Add Architectural elements to building to match it to Northern Stacks' design (See attached elevations); • Remove old Roof top unit; • Demolish former 2-story office; • Rebuild existing parking lots and truck courts; • Improve interior floor slabs in areas that have been damaged; • Upgrade sprinkler system to ESFR; and • Replace roof. Upon completion of these activities the rehabilitated building will have approximately 177,657 square feet with an approximate estimated market value of$10.5M. Subsection 26.7. Prior Planned Improvements. After due and diligent search, the Authority has determined that no building permits have been issued during the eighteen (18) months immediately preceding approval of the TIF Plan by the Authority. Subsection 26.8. Fiscal Disparities. The Council hereby elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3, clause (a) if and when commercial/industrial development occurs within the TIF District. Subsection 26.9. Estimated Public Improvement Costs. The estimated public improvement costs, including interest thereon to be incurred for the benefit of and within the TIF District and the Project Area are set forth on Exhibit I-C. Subsection 26.10. Estimated Amount of Bonded Indebtedness. It is anticipated that approximately $1,800,000 of bonded indebtedness may be incurred with respect to this portion of the Project Area. Subsection 26.11. Sources of Revenue. Anticipated revenue sources to assist in the financing of the public improvement costs, pursuant to Subsection 21.9. above, include (1) general obligation and/or revenue tax increment obligations with interest; (2) the direct use of tax increments; (3) the borrowing of available funds, including without limitation interest-bearing City short-term or long-term loans; (4) interfund loans or advances; (5) interfund transfers, both in and out; (6) land sale or lease proceeds; (7) levies; (8) grants from any public or private source; (9) developer payments; (10) loan repayments or other advances originally made with tax increments as permitted by Minnesota Statutes; and (11) any other revenue source derived from the City's or Authority's activities within the Project Area as required to finance the costs as set forth in Exhibit 1-C. All revenues are available for tax increment eligible expenses within the Project Area as allowed by Minnesota Statutes. Subsection 26.12. Estimated Original and Captured Tax Capacities. The tax capacity of all taxable property in the TIF District, as most recently certified by the Commissioner of Revenue of the State of Minnesota on January 2, 2018, is estimated to be $133,284. 26-2 103 The captured tax capacity of the TIF District upon completion of the proposed improvements on.January 2, 2020 is estimated to be $76,716. The Authority intends to utilize 100% of the captured tax capacity for the duration of the TIF District for purposes of determining tax increment revenues. Subsection 26.13. Tax Increment. Annual tax increment generated from the TIF District has been calculated at approximately $90,513 upon the completion of the improvements. This estimate is provided on the attached Exhibit XXVI-C. Revenue has also been projected for the duration of the TIF District and is shown on Exhibit I-C- 19. Subsection 26.14. Local Tax Rate. The estimated pay 2018 local tax rate is 1.17984. Subsection 26.15. Type of TIF District. The TIF District is a soils condition district pursuant to Minnesota Statutes, Section 469.174, Subdivision 19. Subsection 26.16. Duration of TIF District. The duration of the TIF District is expected to be twenty (20) years from receipt of the first tax increment. The date of receipt of the first tax increment is anticipated to be 2021. Thus, it is estimated that the TIF District, including any modifications for subsequent phases or other changes, would terminate in the year 2041. Subsection 26.17. Estimated Impact on Other Taxing Jurisdictions. The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of the TIF District. If the construction is a result of tax increment financing, the impact is $0 to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the Authority, the attached Exhibit XXVI-E reflects (I) the estimated impact of the TIF District if the "but for" test was not met; (ii) the estimated amount of tax increment generated annually and over the duration of the TIF District; and, (iii) the estimated amount of tax increment attributable to the County, School District and other taxing districts. At this time the Authority anticipates there will be no impact on City services due to the creation of the TIF District. Additionally, since the City has no current plan to issue general obligation debt for project costs, it further anticipates that there will be no impact on its borrowing costs due to the creation of the TIF District. Please refer to Exhibit XXVI-D for the narrative "but for" analysis. Subsection 26.18. Modification of the TIF District and/or the TIF Plan. As of June 11, 2018, no modifications to the TIF District or the TIF Plan have been made, said date being the date of initial approval and adoption thereof by the City Council. 26-3 104 EXHIBIT XXVI—A PARCELS TO BE INCLUDED IN THE TAX INCREMENT FINANCING DISTRICT NO. 24 27-30-24-12-0046 and all adjacent easements, rights-of-way, roads and streets. XXVI-A-1 105 EXHIBIT XXVI-B Map of Tax Increment Financing District No.24 \ Redevelopment • fi,„„.„1Project Area and v,-. . '` Tax Increment 3I3ii F6dFinancing Districts v >, f v 1111_ 05514E 5250 51 9 ; 1 Q 5150 40 30 'f 4?, a �; 5101 . /Z/�//l l/f i N � z J 44774N; 60 40 a i i 4800 1 p ( " D. $ MISSumfts0NE i i _j l J �J;1 I - RCE CAM RD NE i l e i{ r l I r... i i i. 1 9 s e 5 � � a f s ', Redevelopment Project Areas r---1 in which Tax Increment may 1 be Spent s Proposed 1W District#24 in j 71 which Tax Increment may be iGenerated f,. {{ 9 025 05 Date 5192018 'i7f ."102i7Nrrt'.y,.®,,.r'-*,-'e,.ares'7x.i .a XXV I-B-1 106 Page• XXV I-C .... CITY OF FRIDLEY _ . Stacks VI0(TIF 024) ASSUMPTIONS — . . Area of Parcel 2011 ENV!Pay 2019 _ Onginaf Market Value* (Acres) (Sq.Feet)— Land Building Totai i . 1 27-33-24 12-0046 5101 trids.istriat R vd NE 11 66' 507.9'O 1.143.500 5.520.700 6.664.2001 0' 0 0 0 totals TOTAt_ '1.66 507.910 $1,143.500 $5.520.700 $ 6.664,203j 225 per so k Porton of Site Original Tax Capacity Ca Rate_ •33.264' Commeroal/Retaii 100 0%.. 6.66420C V 2 OVA.:- 133.264 Perida-Laritkd n?oorna 4d 03% C g 0 14(. 0 Rentdd 0 0% 0 0 ' 125% Owner Ocicuipied 0.0% 0' V 100%= 0 , •CO 0% 0 . Phase 1 - -. . Estimated Market vaue• Suit•2019 0..mits S135°°°M esbmatest Tax dapatAy 2023 171,07 ac k 210000 Esinnated Taxes 2021 376 096* _E.slirraTied Tax increment 90.513 *Philip 2(combined) Estimated Market Ileum' Suet-2020 0 units "0.503 000 15 bikes win i V.' Estimated Tax Capar ty 202177,657 so ft ...,. 213,000 estonatto Taxes 2022 376,998 3.6%Eff Tax Ram Estimated ax noremcsk 95.513 240%of iot wen , . Local Tax Rate• Pay 20111 1st 047 VW,7 0 3. 117954 Used for Proes•Jons . State Tax Rate- Pay 2018 0 43865 (CII only) ..... Elf.friar on local tax rate fog taxes at F.D.rate 0.09238 (CR only) Combined Tax Rate•cn Propely on y 1.71067 i.f-..1.3Lati-....t,..1...,......01 - ... .. . • ....- .. - . it , - *X et Value.Referendum Taxes 0 16873%Pay2018 _ Admin Fon- 10 03% . . State Am:Stew Foe 0 atm. . Inflation (citer 2 yrs ot Cul yaiuo' 2 63% Present Value Rate • 12,4r20,8 5.50% I . XXVI-C-1 Stacks VIII 70156 xis,. Pronarod by Grog Johnson 5/7720 9 107 XXVt C Page 2 CITY OF FRIOLEY I Stacks VIII(TIF#241 ASSUMPTIONS PHASE f Total Estimated Market Value 910,50C 000 GJmme,' 'oi/R tail 10,500,000 • CO^'rtW*aai-Stacks 4,1 *77,667 sq ft a 59.10 /sq ft = '0,500,000 L;Os"me•Ceat 0 sq ft.0 59 10 fsq.h= 0 I Office/Retail 0 so ft eg 5910 , leg.ft ' 0 Reran-sconce 0 sq ft 0 59 10 /sq.ft - 0 Restaurant/entrirtainment 0 sq ft 0 59 10 fsq:ft - , 0 Other 0 sq ft.6 59.10 Msq.R - 0 Rental 0 Pr 1-Mixed triowto I00 0% 0 units 0 132,2668 /Jot_ , — 0 PIt 1 Market Rate 53 04,0. 0 units G 132.268' ' Aar!= 0 Ph 2-Marker Rate 0 0'4 0 un Is 0 125,000' rvn,i. 0 Owner Occtgred 0 A Smote Farm) mup foes 3.0% 0 as e 200.000, /unit= 3 9 Townhomes-Yea'' 0 0% 0 arts t 140.030 r /Jril= 0 C Townhfles-Yea=2 0.0% 0 urts 0 140.033, n; /unit= 0 f)Teenttames-Yea•3 0.0%i 0 tintsf 140 000 lur:N= 0 0units y - 177.657 SO ft Total Estimated Tax Capacity � • 210,000 Comnlemeaf/Retad 210,300 'GromnierCati &auis VIP 2 00% 210.1770 . Commersia` 2 00% 0 Office/Ratite 2 00% 0 Retail-service 2.00% 0 Restaurant t ertertainsr i r+ 2 00% 0 Other w 2.00Yn • 0 . ._ lei __ ._.. _ - - ---__ 0 Ph 1-Mixed!Income 0.75% 0 nh 1 •Market Rate 1 25% 0 Ph 2-M 1 arket Rate 25% 0 T Owner Occupied o A Single Farad y Homes0 S. 500 000 • 100% 0 > 500.000 125!1 3 _ .----.-4._.. ----_-_____ ,__ ._.___ _3 9 f Owrtt+attea Year I— 0 e-' 500.000 x 100% 0 > 500.000 125% 3 . C Townhomes-Year 2 0 <= 503 000 100%. 0 > 500,000 125% 0 U Teumhcrrees-Year 3 0 <.- 500.000 1.00% 0 a 560,000 1 25% 0 Total Eabmeted Taxes 376,995 Commenciel/Pelee 376,998 CCmme caai-Stacks VIII 177.657 sq.ft t 1 12 fsq ft = ' 376,996 Contmercia 0 s4.`t 0 0-00 fsq.ft - 0 ORS!Retail 1 0 so ft a 000 fsq ft = I 0 I Retail-Seftice i fS so at it' 0 '1 'sq h = 4 I 1 Restaurant!entertainment C sit h0 00 fsq ft _ 0 Other a so ft �, 0 03 fsq.ft= ' 0 Reefs! 0 i I'n 1-touted tnopme ' C units 0 0 Nnit 0 i Ph 1-Menet Rate 0 inns 0 0 Amit 0- t Pn 2-Market Rete 0 ¢niIa 6 0' lune!- 0 Owner Occupied 01 A Steele Fa mfy Homes 0 units 0 0 Jurat= 0 . 9 Townhomes-Yes'` 0_ -nib 0_ 0 r Jilt=- 0 r C Teennones•Year 2r- 0 units @ 0, i4nit= 0 0 TOwnhomos-Yew 3 ' 0 units @ 0', /Jnit= 0 I Crnstructon 2019 f u'.Valuation 2020 Taxes Payable 2021 _...— XXVI-C-2 Stacks VII1 2018b Ass P-epa red by Gra.lot--,son 5/712018 108 xxV i-c Page 3 CITY OF FRIDLEY _ _ Stacks VIII(TIF#24) CASH FLOW AND PRESENT VALUE ANALYSIS <------ ANNUAL •------> <-----_-_I----_------ SEMI-ANNUAL----- - - - - > (a) (b) (c) (d) (e) (f) (0) (h) (I) (I} Original Estimated Captured Est.T I Less: Available Cumulative <-•-- Present Value---•--> Tax Tax Tax (d)x Admin Tax Avail Tax 1 Semi Annual Cumulative Date Capacity Capacity Capacity 1.17984 Fees Increment IncrementBalance ' Balance (see assumptions) (c)-jb) •St,Aud.Fee je)x (e) (t) Total of(g)� P V of(g) Total of(i) 2.5%Inflation (prey.year) 0.000% 10.00% ` 5.50%12!01118 12/01/18 06/01/19 0 0 0 0 0• 1210'.119 i • + 0 0 0 0 0 06101/20 133,284 210,000 0 0 0 0 0 12/01/20 133,284 210,000 . 0 0 D 0 0 1 06101/21 133,284 210,000 76,716 45,256 4526 40,731 40,731 35,564 35,564 12101/21 133,284 210,000' 76716 45,256 4526 40,731 81,461 34,612 70176 2 06+01/22 133284 215,24976,716 45,256 4526 40,731 122,192 33,686 103,862 12/01122 133,284 2`5,249' 76716 45256 4,526 40 731 162,923 32,784 136,647 3 06/01/23 133,284 220.614 81.965 48,3534,835 43,518 206,440 34.090 170,737• 12/01//223 133284 220,614 1- 81,965 48,353__ 4,835 43,518 249,958 33,176 203.915 4 06/01/24 133,284 226 122 ' 87,330 51,518 5,152 46,366 296.324 34,403 238,318 12/01124 133,284 226,122 8T,330 , 51618 5,152 46,366 342.690 33483 271,801 5 06/01/25 133,284 231.771 ± 92,838 1 54,767 5,477 49290 391.981 34,642 306,442 12101/25 '33,284 231,771 92,838 : 54,767 5,477 49,290 441,271 33,714 340,157 6 06/01/26 133,284 237,566 96,487 14 58,100 5,810' 52,290 493.560 34.809 374,965 12/01126 133,284 237,566 98,4871 58.'00 5,810 52,290 545,850 33,877 408,842 7 06/01/27 133,284 243,505 104,282 61.516 6,152 ' 55,366 601216 34,910 443,753 12/01/27 133,284 243,505 104,282 61,518 6,152 55,366 656,582 33,976 477,728 8 06/01/28 133,284 249.592 11;).221 • 65,021_ t 6,502 58,519 715.101 34,950 512,678 '2/01128 133,284 249,592 110,221 65021 , 6,502 58519 773,621 34,014 • 546,693 9 06/01/29 133,284 255,832 116-308 68,613 : 6,861 • 61,751 835,372 34,932 581,625 12/01/29 133,284 255.832 116,308 68,613 ' 6,861_ 61,751 897,123 33,997 615,622 10 06/01/30 133,284 262,228 122.546 72,294' 7229 65064 962,188Tr34,863 650485 12101/30 133,284 262,228 122.548 72.294 7,229 85,064 1 027,252` 33,930; 684,415 11 06/01/31 133.284 268,784 128944 76067 ' 7,607 66,460 1,095,712 i 34,745 1 719,160 12/01/31 133,284 268,784 128,944 76,067 7,607 68.460 1.164,172 i 33,815; 752,975 12 06/01/32 133,284 275,503 135,500 79,934 7,993 71,941 1,236,112 ! 34,583: 787,558 i 12/01/32 133,284 275,503 135,500- 79,934 7.993 71,941 1,308,053' j 33,658 1 821,215 13+ 06/01/33 133284 282,391 142,219 83,898' 8290 75,508 1,383561 34,381 855,596 12/01/33 133284 282291 142219 83,898 8,390 75508 1,459,069 33,461889,057 14 '_ 06/01/34 133,28. 289,451 ' 149,107 87,961 8,796 79,165; 1,538,234 34,143 923,200 12/01/34 133284289 A51 149,107 87,961 8796 79,165 11,617 399 33229 956,429 15' 08/01/35 133284 296,687 156,167 92,126 9,213 82,913 1,700,313 33,871 990,299 12/01/35 133284 296,687 156,187 92,126 9,213 820131 1.783,226 32,964 1,023,264 16 ` 06101/36 133,284 304,104 163,403 96.395 9,639 86.755 1,869,981 33,568 1,056,832 12/01/36 133,284 304,104 163,403 96,395 9,639 86,755 1,956,736 32,670 1,089.502 17 06/01/37 133284 311707 170.820 100,770 10,077 90,693 2,047,429 33,239 1,122,741 12/01/37 133,284 311,707 170,820 100,770 10,077 : 90,693 2,'38,123 32,349 1,155,090 -18_ 06/01/38 133,284 319,499 178423 105,255 10,526 94,730 2,232,852 32,885 1,187,975 12101/38 , 133,284 : 319,499 178.423 105,255 10526 94730 2,327,58232,005 1,219,980 19 06/01/39 ' 133,284 327,487 186,215 '09,852 10,985 98,867 2,426,449' 32,508 1,252,488 12/01/39133,284 327.487 186,215 *09,852 10,985 98,867 2,525,316 31,638 1.284,126 20 06/01/49 1 133284 , 335,674 194203 114564 11,456 103,108 2,628,423 32.112 1216,239 12/01/40 t' 133284 335,674 ' 194.203 "4,564 11,456 103,108 . 2,731,531 31,253 1,347,492 - 21 06/01/41 I 133,264 344,066• 202,390 119,394 11039 107,455 2,838.98531,699 1.379,190 12/01/41 : 133,284 344066 202,390 119,394. 11,939 107.455 2,946,440 30,850 1,4'0,041 3,273,822 327,382 2,946,440 2,946,440 1,410,041 1,410,041 XXVI-C-3 Stacks VIII 2018b.xlsx Prepare;{by Greg Johnson 5/7/2018 109 EXHIBIT XXVI—D "BUT FOR"ANALYSIS The proposed TIF District is a single parcel of land which requires environmental remediation and significant remodeling of the existing building. The redevelopment and proposed remediation are described in detail in the following documents: 1. Remedial Investigation Report and Response Action Plan for 5101 Industrial Blvd. NE prepared for Fridley Land LLC and dated March 13, 2018 (the cover page and the Introduction are attached; the full report is on file with the Fridley Housing and Redevelopment Authority). 2. RAP Addendum No. 1 for 5101 Industrial Blvd NE, Fridley, MN from Braun Intertec to Ms. Shanna Schmitt, PA, MPCA dated April 16, 2018 (a copy of the RAP Addendum No. 1 is attached). In addition to receiving $660,000 of tax increment to assist with the remediation, the Redeveloper is also anticipating receipt of approximately $432,000 from the Minnesota Department of Employment and Economic Development and approximately $250,000 from the Metropolitan Council. Once the site has been remediated and the building rehabilitated, there should be an additional increase in market valuation of approximately $3.8M. But for the use of tax increment, the Authority and City have determined that this development would not occur in the reasonably foreseeable future if at all. XXVI-D-1 110 XXVI-D Remedial Investigation Report and Response Action Plan 5101 Industrial BLVD NE Fridley,Minnesota BF0000627 150004750 Prepared for Fridley Land LLC Professional Certification I hereby certify that this plan,specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Geologist under the laws of the State of Minnesota. e.,„//7. — Mark D.Keefer,PG Senior Scientist License Number:47350 ottti trrr,ri, Sa`P�r S'K.. A' % . �. . te'': r LICENSED PROFESSIONAL. GEOLOGIST = o�tAJ:. 47350 . Q 'sett-es MPHL t ti%.% Project 8711344.02 BRAUN B ! �^ March 13,2018 f V T E RT E l._, Braun Intertec Corporation XXVI-D-2 111 • XXVI-D A. Introduction Fridley Land LLC(Client)is planning to redeve'op the property located at 5101 Industrial Boulevard NE in Fridley,Minnesota(Site).The location of the Site is shown on Figure 1. The redevelopment of the Site is being completed by Fridley Land LLC under the guidance of the Minnesota Pollution Control Agency(MPCA)Voluntary Investigation Cleanup(VIC)program. The Ste has been enrolled into the tvIPCA's ViC program and assigned as 8FO000627 and Petroleum Program assigned as 150004750 Braun Intertec completed a Phase i Environvnentai Site Assessment(ESA)of the properly in 20)7, which identified a number of Recognized Environmenta`Conditions{RFC)at the Site. ndley Land LLC recently performed an environmental investigation of the Site for the RECs that were identified.The results of the initial environmental investigation identified soil,groundwater and soil vapor impacts at the Site.Based upon the results of the initial environmental investigation a remedial investigation was performed tc further delineate the impacts identified in the initial environmental investigation.The remedial investigation focused on potential soil and soil vapor contamination.Resu'its of trw remedial investigation are included in Section 3 of this Report. This Remedial Investigation/Remedial Action Plan(RIRAP)has been developed to describe those response actions that will be undertaken concurrent with the development of the Site,to remediate and manage contaminated soil,soil vapo•and regulated wastes,and to manage potential future impacts to underlying contaminated groundwater at the Site.The Site soils are impacted by volatile organic compounds(VOCs),polycyclic aromatic hydrocarbons(PAHs),characteristic petroleum compounds,and Resource Conse'-vation and Recovery Act(RCRA)metals.Soil vapor at the Site is impacted with VOCs, most notably,trichloroethene(ICE). This RIRAP provides a summary of the Site history up to the purchase of the property by Fridley Land LLC A summary of the environmental investigations performed by Braun Intertec Corporation(Braun Intertec)is included in this report.This RIRAP includes a description and summary of the known soil, groundwater and soil vapor impacts at the Site,potential risks to human health and the environment by the known contamination,a description of the planned development and a discussion and description of the planned response actions for approval by the MPCA This RiRAP generally follows the new MPCA Guidance Document c•rem4-43 Brownfield Program Response.Action Plans(July 2013),including the inclusion of a Construction Contingency Plan(CCP)for • BRAUN iNTERTEC XXVI-D-3 112 XXVI-D Fridley Land LLC Project B711344.02 March 13,2018 Page 2 responding to unexpected environmental conditions on the Site,which due to the long industrial history of this Site,could be required.This RIRAP also includes a description of the work required to properly implement and manage the response actions.This additional information provides details on managing the different types of soil at the Site to ensure that the excavation,stockpiling and use of contaminated soil at the Site are protective of human health and the environment,both in the short term during construction and for the long term during subsequent Site use. The proposed development includes the following: • Removal of select existing exterior Site structures; • Demolition of current parking areas; Removal of select past below-ground industrial process utilities including sewers; • Renovation of the existing commercial/industrial buildings at the Site; • Construction of heavy-duty drive and truck court areas; • Construction of light duty parking and drive areas; • Additions to the permanent storm water conveyance system and construction of a new storm water pond;and • Construction of green space areas. The development will require that the existing grades at the Site be modified. Fridley Land LLC is requesting approval of this RIRAP and a Certificate of Completion from the MPCA upon completion of the response actions. The contact information and project responsibilities for response action construction are } as follows. A.1. Project Management Organization A.1.a. Site Owner Name: Fridley Land LLC BRAUN XXVI-D-4 INTERTEC 113 • xxvl-D BRAUN Braun[wtcrtec Corporation Phoma 952.995.2000 11001 Hampshire Avenue S fax: 942 995.2!i2n r Minneapolis,MN 55438 Web, irauninte neo tom RTEC The Scanty You Build On. April 16,2018 Project 81711344.02 Ms.Shanna Schmitt,PG Minnesota Pollution Control Agency 520 Lafayette Road North St.Paul,MN 55155 Re. RAP Addendum No.1 5101 Industrial BLVD NE Fridley,Minnesota MPCA PB.Site ION LS0004750 MPCA ViC Project lag BF0000527 Dear Ms.Schmitt: Braun Intertec Corporation(Braun Intertec)has prepared this Response Action Plan(RAP)Addendum No. 1 for the redevelopment of the industrial facility located at 5101 Industrial BLVD NE,Fndiey,Minnesota (Site).This RAP Addendum No.1 is for the development which is the subject of the recent Remedial Investigation Report and Response Action Man,5101 industrial BLVD NE,Fridley,Minnesota,dated March 13,2018(2018 RIRAP).The RIRAP is pending approval by the Minnesota Pollution Control Agency (MPCA). I he objective of this RAP Addendum No.1 is to provide information to further clarify the proposed Response Actions for the Site in regard to identified environmental impacts and the planned development. Proposed Response Actions The 2018 RIRAP included several response actions pertaining to contaminated soils and soil vapor. The following items are hereby added to the RIRAP as components of the proposed Response Actions. • Renovation of the existing commercial/industrial buildings at the Site to allow for the Vapor Mitigation construction; • Construction of heavy-duty drive and truck courtpavements as engineered barriers for contaminated soil; • Construction of light duty parking and drive pavements as engineered barriers for contaminated soil; • Additions to the permanent storm water conveyance system and construction of a new storm water pond to prevent storm water Infiltration through contaminated soil; • Construction of green space areas by removal of contaminated soil;and • Modification of the existing grades at the Site through excavation and placement of contaminated soil. XXV1-D-5 114 XXVi-D RAP Addendum No.1 5101 Industrial BLVD NE Project 6171134.02 April 16,2018 Page 2 Additional information for each of these items is is provided below Renovation of the existing commercial/industrial buildings at the Site Portions of the building require vapor mitigation.A sub-slab vapor mitigation system will be installed to address and mitigate those portions of the building with sub-slab vapor concentrations greater than 33X the industrial intrusion values(ISVs).As part of the planned vapor mitigation system installation,interior demolition and renovation will occur to facilitate system installation. Construction of heavy-duty drive and truck court pavements and fight duty parking and drive pavements There are contaminated soils onsite,most of these soils will be used onsite beneath the planned heavy-duty drive,truck court areas,and light duty parking and drive areas as defined in the 2018 RIRAP. Additions to the permanent storm water conveyance system and construction of a new storm water pond Construction of the planned storm water conveyance system and new storm water pond will require the removal and management of contaminated soils in order to create these water conveyance features,The contaminated soils will be removed from these areas and managed onsite,or sent off-site for proper disposal,as described in the Soil Management Plan included as Section H of the 20118 RIRAP. Construction of green space areas • Construction of planned greenspace areas will require the removal and management of contaminated soils in order to create the green spaces.The contaminated soils will be removed from these areas and managed on-Site,or sent off-site for proper disposal,as described in the Soil Management Plan included as Section H of the 20118 RIRAP. Modification of the existing grades at the Site. As described in the 2018 RIRAP,there are contaminated soils that need to be managed during the planned development.The excavation and management of these soils will require the existing grades at the site to be modified.All soils disturbed during the development wi l be handled and managed as described in the Soil Management Plan included as Section H of the 20118 RIRAP. We trust that this Addendum No.1 provides some clarification to the 2018 RIRAP proposed remedial actions for the regulated soil and soil vapor impacts. 6RtiJH XXVI-D-6 115 xXVI-D RAP Addendum No.1 5101 Industrial BLVD NE Project 8171134.02 April 16,2018 Page 3 If you have any questions regarding this addendum,please call Chris Thompson at 952.995.2446. Sincerely, BRAUN INTERTEC CORPORATION Mark D.Keefer,PG / t.hrisaopher F.Thompson,PE Senior Scientist l Vice President&Principal Engineer cc: Paul Hyde,Fridley Land,LLC • XXVI-D-7 116 EXHIBIT XXVI•E ESTIMATED IMPACT OF TAX INCREMENT FINANCING DISTRICT NO.24 IMPACT ON TAX BASE ORIGINAL ESTIMATED CAPTURED DISTRICT TAX TAX TAX TAX AS% ENTITY BASE CAPACITY CAPACITY CAPACITY OF TOTAL City of Fridley 30,108,171 133,284 210,000 76,716 0.255% County of Anoka 367.389.894 133,284 210.000 76.716 0.021% ISD#13 22,932 017 133,284 210,000 76,716 0.335% IMPACT ON TAX RATE' TAX %OF TAX TAX RATE ENTITY RATE TOTAL INCREMENT INCREASE City of Fridley 0.47907 40.60% 36,752 0.122% County of Anoka 0.35334 29.95% 27,107 0.007% ISO#13 0.27900 23.65% 21,404 0.094% Other 0.06843 5.80% 5250 1.17984 100.01% 90,513 'Assumes construction would have occurred without the creation of a Tax increment Financing District. If construction is a result of Tax Increment Financing,the impact is$0. XXVI-E-1 117 EXHIBIT I-C TIF#24 Cumultive Modified TIF Plan Budget ESTIMATED TAX INCREMENT REVENUES (from tax increment generated by the district) Tax increment revenues distributed from the county $ 3,274,000 Interest and investment earnings 33,000 Sales/lease proceeds Market value homestead credit ^ Total Estimated Tax Increment Revenues $ 3,307,000 ESTIMATED PROJECTIFINANCING COSTS (to be paid or financed with tax increment) Project Costs Landlbuildng acquisition Site improvements/preparation costs 1,439,600 Utilities Other qualifying improvements Construction o!affordable housing Small city authorized costs,if not already included above Administrative costs 327,400 Estimated Tax Increment Project Costs $ 1,767,000 Estimated Financing Costs Interest expense 1.540,000 Total Estimated Project/Financing Costs to be Paid From TI $ 3,307,000 0 ESTIMATED FINANCING Total amount of bonds to be issued 1,800,000 TIF Budgets-Fridley 2018.xIsx 1 -C-19 4811-2936-0485,v. 1 118 C AGENDA ITEM On f CITY COUNCIL MEETING Fridley JUNE 11, 2018 Date: June 8, 2018 To: Wally Wysopal, City Manage ,y' From: Paul Bolin, Asst. Executive HRA Director Subject: Resolution Creating TIF District#24— Northern Stacks VIII Hyde Development has requested the Authority's assistance to clean up contaminated soils, for what will be known as Northern Stacks VIII. This is the building located at 5101 Industrial Boulevard, adjacent to Northern Stacks. � . , — J) asibirliir, .. f ,Iri.-.1', 4,,,,.: ,'-- ,- - i.---,--- 4- - ' ''' : - . :.,. ---- _, 4 1 _. a • .1 f • : -....- •,.,4 i , .,.... - t,. , , 1 --terxc.. •. 4 4 :< n A: -40 I t Staff recommends Council adopt the attached resolution modifying the redevelopment plan for Redevelopment Project#1 and the TIF Plans for Districts #6, 9, 11-13 and 17-23 to reflect increased project costs and increased bonding authority within Redevelopment Project#1, creating TIF District#24 and adopting the TIF Plan for District#24. 119 RESOLUTION NO. 2018- A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 6, 9, 11-13 AND 17-23 TO REFLECT INCREASED PROJECT COSTS AND INCREASED BONDING AUTHORITY WITHIN REDEVELOPMENT PROJECT NO. 1, CREATING TAX INCREMENT FINANCING DISTRICT NO. 24 AND ADOPTING A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the"Council")of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed by the Housing and Redevelopment Authority(the"Authority") that the Council approve and adopt the proposed modifications to its Redevelopment Plan for Redevelopment Project No. 1 (the"Project Area") reflecting increased project costs and increased bonding authority, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed by the Authority that the Council approve and adopt the proposed modifications to the Tax Increment Financing Plans (the "Existing Plans")for Tax Increment Financing Districts Nos. 6, 9, 11-13 and 17-23 (the "Existing Districts") reflecting increased project costs and increased bonding authority within the Project Area, pursuant to Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended and supplemented from time to time. 1.03. It has been further proposed by the Authority that the Council approve the creation of proposed Tax Increment Financing District No. 24 (the "Proposed District") and adopt the proposed Tax Increment Financing Plan (the "Proposed Plan") relating thereto, pursuant to and in accordance with Minnesota Statutes. Section 469.174 to 469.1799, inclusive, as amended and supplemented from time to time. 1.04. The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a modified Redevelopment Plan for the Project Area and modified Existing Plans for the Existing Districts reflecting increased project costs and increased bonding authority within the Project Area and the Proposed Plan for the Proposed District, defining more precisely the property to be included, the public costs to be incurred, and other matters relating thereto. 1.05. The Council has performed all actions required by law to be performed prior to the approval and adoption of the modifications to the Redevelopment Plan and Existing Plans and the approval and adoption of the Proposed Plan. 120 Resolution No. 2018 - Page 2 1.06. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to approve and adopt the modifications to the Redevelopment Plan and Existing Plans reflecting increased project costs and increased bonding authority within the Project Area, to create the Proposed District and to approve and adopt the Proposed Plan relating thereto. Section 2. General Findings. 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the modified Redevelopment Plan, modified Existing Plans and the Proposed Plan (collectively, the"Plans") are necessary to assure the development and redevelopment of the Project Area. 2.02. The Council hereby finds, determines and declares that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of the Project Area by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the modification, approval and adoption of the Plans is intended and, in the judgment of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Plans. 2.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Plans and Exhibit A to this Resolution. Section 3. Specific Findings for the Proposed District. 3.01. The Council hereby finds, determines and declares that the Proposed District constitutes a "tax increment financing district" as defined in Minnesota Statutes, Section 469.174, Subd. 9, and further constitutes a"soils condition district"as defined in Minnesota Statutes, Section 469.174, Subd. 19. 3.02. The Council hereby finds, determines and declares that the proposed development or redevelopment in the Proposed District, in the opinion of this Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 121 Resolution No. 2018 - Page 3 3.03. The Council hereby finds, determines and declares that the increased market value of a project not receiving tax increment assistance would be less than the increased market value of a project receiving tax increment assistance after deducting the present value of projected tax increments for the maximum duration of the Proposed District. 3.04. The Council hereby finds, determines and declares that the expenditure of tax increment within the Proposed District serves primarily a public purpose. 3.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Plans and Exhibit B to this Resolution. Section 4. Approvals and Adoptions. 4.01. The modifications to the Redevelopment Plan reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 4.02. The modifications to the Existing Plans reflecting increased project costs and increased bonding authority within the Project Area are hereby approved and adopted by the Council of the City. 4.03. The creation of the Proposed District within the Project Area and the adoption of the Proposed Plan relating thereto are hereby approved by the Council of the City. Section 5. Filing of Plans. 5.01. Upon its approval and adoption of the.Plans, the City shall request the Authority to cause said Plans to be filed with the Minnesota Department of Revenue, the Office of the State Auditor and Anoka County. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF , 2018. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 122 Resolution No. 2018 - Page 4 CERTIFICATION I, Debra Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. 2018- passed by the City Council on the day of , 2018. DEBRA SKOGEN - CITY CLERK 123 Resolution No. 2018 - Page 5 EXHIBIT A GENERAL FINDINGS The reasons and facts supporting the findings for the modification of the Plans for the Project Area, Existing Districts and Proposed District pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that the assistance to be provided through the adoption and implementation of the Plans is necessary to assure the development and redevelopment of the Project Area. The tax increment assistance resulting from the implementation of the Plans is necessary for the proposed project to proceed. Please refer to Exhibit XXVI-D of the Proposed Plan. 2. Finding that the Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's Comprehensive Plan. The Council has reviewed the Plans and has determined that they are consistent with the City's comprehensive plan. 3. Finding that the Plans afford maximum opportunity,consistent with the sound needs of the City as a whole, for the development and redevelopment of the Project Area by private enterprise, and it is contemplated that the development or redevelopment thereof will be carried out pursuant to development contracts with private developers. Please refer to the attached Exhibit B for specific information relating to the Proposed District. 4. Finding that the approval and adoption of the Plans is intended and, in the judgment of this Council, its effect will be to promote the public purposes and accomplish the objectives specified in the Plans. The tax increment that will be generated due to the approval and adoption of the Plans will assist in financing the public improvements and eligible expenses as detailed in the Plans. 124 Resolution No. 2018 - Page 6 EXHIBIT B SPECIFIC FINDINGS FOR THE PROPOSED DISTRICT In addition to the findings included in Exhibit A, the reasons and facts supporting the additional findings for the Proposed District pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, are as follows: 1. Finding that the Proposed District is a "soils condition district" as defined in Minnesota Statutes. The Proposed District,which is a single parcel of land, is eligible for inclusion in a soils condition district as provided for in Minnesota Statutes Section 469.174, Subd. 19 (the "Definition Section") for the following reasons: 1. The parcel size is approximately 508,000 square feet. 2. The costs of the cleanup, including preparation of the development action response plan ("DARP") and the allocable administrative expenses of the Authority, exceed as allowed by Minn. Stat. Section 469.176, Subd. 4b, exceed $1,600,000 (the "Eligible Costs"). 3. The Definition Section provides for inclusion of the parcel if the Eligible Expenses exceed 2.00/square feet for the area of the parcel. 4. $1,600,000 (Eligible Expenses) is greater than 1,016,000 (508,000 (parcel size) x 2). The Eligible Costs to implement the DARP or response action plan,will include the following: • Renovation of the existing commercial/industrial buildings at the Site to allow for the Vapor Mitigation construction; • Construction of heavy-duty drive and truck court pavements as engineered barriers for contaminated soil; • Construction of light duty parking and drive pavements as engineered barriers for contaminated soil; • Additions to the permanent storm water conveyance system and construction of a new storm water pond to prevent storm water infiltration through contaminated soil; • Construction of green space areas by removal of contaminated soil; and • Modification of the existing grades at the Site through excavation and placement of contaminated soil. Additional information may be obtained from reports on file with the assistant executive director of the Authority. 125 Resolution No. 2018 - Page 7 2. Finding that the proposed development or redevelopment, in the opinion of the, Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. Activities proposed to occur in the Proposed District include the following: Environmental Activities: • Remediation of site soils impacted with volatile organic compounds, polycyclic aromatic hydrocarbons and Resource Conservation and Recovery Act metals and construction debris; • Installation of Vapor Treatment System under the existing building floor; and • Construction of new green spaces and utility corridors by removing contaminated soil. Redevelopment Activities: • Relocate semi trailer storage area against the west building façade; • Create new storm water pond on SW corner of site (currently semi trailer storage); • Paint building Stacks gray; • Add Architectural elements to building to match it to Northern Stacks' design (See attached elevations); • Remove old Roof top unit; • Demolish former 2-story office; • Rebuild existing parking lots and truck courts; • Improve interior floor slabs in areas that have been damaged; • Upgrade sprinkler system to ESFR; and • Replace roof. Upon completion of the above activities, it is anticipated that the City's tax base will increase by approximately $3.8M. City and HRA staff have reviewed the estimated development costs and the available methods of financing and have determined that tax increment assistance is necessary to make the redevelopment project economically feasible and to allow redevelopment to proceed at this time and in the foreseeable future. 3. Finding that the increased market value of a project not receiving tax increment financing assistance would be less than the increased market value of a project receiving tax increment financing assistance after deducting the present value of the projected tax increments for the maximum duration of the Proposed District. 126 Resolution No. 2018 - Page 8 The original market value of the Proposed District is approximately$6,700,000. City staff has determined that without tax increment assistance this parcel would not be remediated or the building renovated so there would be minimal, if any, increase in market value. City staff has further determined that with tax increment assistance it is possible to remediate the site and renovate the existing building to generate an estimated market value of approximately $10.5 million. After deducting the original market value of$6.7 million from the estimated market value of $10.5 million, City staff has further determined that the increased market value that could reasonably be expected to occur from a project receiving tax increment assistance would be approximately $3.8 million. City staff has further determined that the total amount of tax increment generated over the 21 year term of the Proposed District approximates$3.3 million. Assuming the same term and a present value rate of 5.5%, the present value of$3.3 million approximates $1.57 million. After deducting the present value of the tax increment ($1.57 million) from the increase in estimated market value occurring as a result of utilizing tax increment assistance ($3.8 million), the net increase in estimated market values approximates $2.23 million. City staff has further determined that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing (minimal, if any) is less than the increased market value of the site occurring with the use of tax increment financing after subtracting the present value of the projected tax increments for the maximum duration of the Proposed District($2.23 million). Further information supporting this Finding is attached as Schedule 1. 4. Finding that expenditure of tax increment serves a primarily public purpose. The expenditure of tax increment is not intended as a private benefit and any such benefit is incidental. Public benefits resulting from the proposed project include (i) an increase in the State and City tax bases, (ii)the acquisition and renovation of property which is not now in its highest or best use, and (iii) remediation of contaminated property. 127 Resolution No. 2018 - Page 9 SCHEDULE 1 TO EXHIBIT B — NUMERICAL "BUT FOR" ESTIMATED MARKET VALUE INCREASE FOR A DEVELOPMENT PROJECT WITHOUT TIF ASSISTANCE Without tax increment assistance the parcel would not be remediated or the existing building renovated so minimal, if any increase in market value is anticipated. Estimated Market Value $ 0.00 million Original Market Value $ 6.70 million Increased Market Value $ 0.00 million ESTIMATED MARKET VALUE INCREASE FOR A DEVELOPMENT PROJECT WITH TIF ASSISTANCE With tax increment assistance it is proposed that the site would be remediated and the building renovated. Estimated Market Value $ 10.50 million Original Market Value $ 6.70 million Increased Market Value $ 3.80 million Less: Present Value of the Tax Increment generated at 5.5% for the duration of the Proposed District $ 1.57 million Net Increased Market Value $ 2.23 million 4851-4719-9333,v. 1 128 r AGENDA ITEM G�'°f CITY COUNCIL MEETING OF Fridley JUNE 11 , 2018 Date: June 6, 2018 To: Walter T. Wysopal, City Manager hid From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS#18-03 for Cornerstone Private Asset Trust Co., LLC REQUEST The petitioner, Gary Valley, with Cornerstone Private Asset Trust Company, who is the owner of the property at 6663 Lucia Lane, is requesting a preliminary plat to allow the subdivision of one large single family lot to create three single family lots. �sarxvay.was s�.�w aa.+7.r.7a,�H w I I R " i 1 Fridley requires that lots in the R-1 district be a minimum , of 75' in width with a minimum total lot area of 9,000 ,rru , 4 r 3, 4 square feet. The existing lot is 81,515 sq. ft. in size. 1 °` - _ Eitil ; F, After the replat, proposed Lot #1 (yellow), which isd. where the existing house and garage are located, will be 1 4efifr,,,,,,,,i,-,,-,4,,t,,,,,,,,,,,,I, , 30,950 s . ft. in size and 75 ft. wide. Proposed Lot #2 " , -# ' ;i*, (blue), which is where the older garage is located, will be 10,540 sq. ft. in size and 75 ft. wide. Lot #3 (green) will ti;r .. . a be 40,000 sq.ft. in size and 144 ft.wide. a� t r- �''" ! LOT i ? , 11`si1 .. ..'-••••• `N I PLANNING COMMISSION RECOMMENDATION 'Lis - " ' 4 ji A public hearing notice before the Planning Commission , ' - . -. . . ,. was published in the Fridley Sun Focus Newspaper on I ;;1 1 May 4, 2018. ;. At the May 16, 2018 Planning Commission meeting,a ;P ... ° public hearing was held for PS#18-03. The Planning Commission received (2) letters from neighboring property owners who expressed that they didn't have a problem with the plat request, but had continued concerns related to traffic on Lucia Lane related to the Islamic University. Since the subdivision request does meet the minimum standards to create new single family lots and isn't the impetus to the neighbors'concerns, staff and the Commission noted to the neighbors present at the meeting that staff will continue to work with the Islamic University and the neighbors to find a solution to their traffic concerns. 129 The Planning Commission then recommended approval of PS#18-03. THE MOTION CARRIED UNANIMOUSLY. UPDATE SINCE THE PLANNING COMMISSION MEETING As a result of traffic concerns for the Lucia Lane neighborhood, the City has held meetings with the neighbors and the Islamic University to try to find a solution to remedy the issue. In January the Islamic University contracted with the City's Police Department to hire a Police Officer to help manage traffic and parking on their Friday service days. They've also hired them during Ramadan which runs from May 15—June 14. The Public Safety Director and Community Development staff held a meeting with members of the Islamic University this week, and on advice from the Public Works Director, the City would like to offer the following modifications that will be implemented on Lucia Lane on a trial basis. The modifications will be as follows (please see attached illustrations by Jim Kosluchar): 1. Install a speed limit sign along Lucia Lane. 2. Install a curb extender on the corner of 68th Place and Lucia Lane to prevent motorists from going southbound on Lucia Lane from 68th Place and the Hwy 65 Service Drive. 3. Install a speed hump or two along Lucia Lane to slow the overall traffic through the neighborhood. The goal of the City is to make this stretch of roadway safe for everyone. Staff will monitor the effects of the above listed street modifications within the coming months and pursue a permanent solution as deemed necessary. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and that the Council approve the Preliminary Plat for PS#18-03. 130 City of Fridley Land Use Application PS#18-03 May 16, 2018 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Cornerstone Private Asset Trust Co., LLC The petitioner, Gary Valley,with Cornerstone Gary Valley Private Asset Trust Company, who is the owner of 3 Capaul Woods Court the property at 6663 Lucia Lane, is requesting a St. Paul MN 55127 preliminary plat to subdivide one large single family Requested Action: lot into three single family lots. Plat SUMMARY OF ANALYSIS Purpose: City Staff recommends approval of this plat request. To create 3 single family lots • Lots exceed minimum size requirements Location: CITY COUNCIL ACTION/60 DAY DATE 6663 Lucia Lane NE City Council—June 11, 2018 Existing Zoning: 60 Day Date—June 11, 2018 R-1, Single Family _. ' Size: -. .. 4 • 81,515 sq. ft. 1.87 acres j Existing Land Use: ; r {'I Single Family Home Surrounding Land Use &Zoning: '- N: Single Family& R-3 . E: Single Family& R-1 .. N a ,-� - 6" : :.• S: Single Family& R 1T ' - W: Multi-Family& R-3 5 6663 Comprehensive Plan Conformance: Future Land Use Map designation is Single Family i ,. Zoning Ordinance Conformance: Section 205.07 requires a minimum lot size , of 9,000 sq.ft. and a minimum lot width of , d � 75 feet Zoning History: f Detached garage built prior to 1949 ' Y., 1951—House is constructed 1953—Plat is filed 1955—Garage is constructed Aerial of Property 1979—House addition Staff Report Prepared by: Stacy Stromberg Legal Description of Property: Lot 5 and 5-E,Second Revision of Auditor's Subdivision No. 21 Public Utilities: Current home is connected and utilities are available in the street for new homes Physical Characteristics: Large single family lot,with mature trees 131 Land Use Application Plat #18-03 REQUEST The petitioner, Gary Valley,with Cornerstone Private Asset Trust Company,who is the owner of the property at 6663 Lucia Lane, is requesting a preliminary plat to allow the subdivision of one large single family lot to create three single family lots. ANALYSIS The subject property is zoned R-1,Single Family as are the properties to the south and the east. The property to the west is zoned R-3, Multi-family and has an apartment building located on it. The properties to the north are also zoned R-3, Multi-family and they are occupied with single family homes. The existing home on the lot was constructed in 1951 and the garage was constructed in 1955. An addition to the home was constructed in 1979. There isn't a building permit record for the �; "°� '""" " � 'tw!,�M.�.�_ _� ._. ' r• existing garage that will be located on Lot 2, so � a' I '` ---'�''!_'�. ^��--; . . } it is staffs assumption that it was constructed =,� prior to 1949, which was when the City of Fridley was incorporated. c j . tee. Fridley requires that lots in the R-1 district be a , t. minimum of 75' in width with a minimum total lot area of 9,000 square feet. t _ = The existing lot is 81,515 sq. ft. in size. After the 1,.. 1 , ii= replat, proposed Lot#1 (yellow),which is where i --. a; the existing house and garage are located,will ; tT,,,, 2 1• be 30,950 sq.ft. in size and 75 ft.wide. " �! Proposed Lot#2 (blue),which is where the . .y older garage is located will be 10,540 sq.ft. in :w -- size size and 75 ft. wide. Lot#3 (green)will be !Zia, 40,000 sq. ft. in size and 144 ft. wide. P00, The petitioner notes that the reason Lot#3 is so at N; _� -�• • large is because they want to keep it as close as ; they can to allow connection to the sanitary sewer in the street. The reason that Lot#2 has a jog to it is to ensure it has the 75 ft. of width that is required and to also make sure the existing garage on Lot#2 will meet the 5 ft. setback requirement for an accessory structure. STAFF RECOMMENDATION City Staff recommends approval of this preliminary plat request. • Lots exceed minimum size requirements STIPULATIONS City staff recommends the following stipulations if the preliminary plat is approved. 1. All necessary permits shall be obtained prior to construction of new homes, including but not limited to building, driveway, land alteration. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. Any requirements set forth by the Rice Creek Watershed district shall be met. 132 4. Property owner, at time of building permit application,shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. Property owner at time, of building permit application for the construction of the single family homes,shall pay all water and sewer connection fees. 6. Property owner, at time of building permit application for the construction of each new single family home,shall pay$1,500.00 required park dedication fee per lot. (2 new lots=$3,000.00 park dedication fees to be paid) 7. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed homes shall be marked and approved by City staff prior to issuance of building permits. 8. 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IOW '.:,,,,,,.._ ....... ) -. --or. , c4a" ten: ,� • ,4 . 137 Stromberg, Stacy From: Alina Cramble <Alina.Cramble@pohladcompanies,com> Sent: Wednesday, May 16, 2018 2:51 PM To: Stromberg, Stacy Subject: Case:Plat, PS#18-03 Members of the Planning Committee— I am writing today in reference to Case: Plat, PS#18-03 regarding the proposed subdivision of one single family lot to create 3 single family lots. We live adjacent to the parcel in question on the south side. From a business side, I can understand that there are advantages for all parties involved. My main concern for the subdivision relates to traffic. We,as Lucia Lane residents,have brought to the city's attention our concern relating to traffic dating back to 2016. The city has considered ways to improve traffic,but has still failed to implement a solution. To my knowledge, the only action taken has been to obtain data by placing a speed limit sign up in our yard for a temporary time. We were never provided the results of the data gathered or a plan for improvement. The mosque at the end of our street has made efforts to engage the residents of Lucia Lane and works towards a common goal of reducing traffic,which we appreciate. They've hired a police officer each Friday to patrol the street and address any illegal proceedings by those traveling our street. There are numerous tickets issued each Friday, but yet the City still has not made any changes to the street or addressed the traffic concerns. A 2017 comprehensive plan survey conducted by the city shows that residents polled felt Lucia Lane was not a safe place to be. That is concerning as a resident! My husband has been a resident of Fridley dating back to 1985 and I moved to the city in 2003. This is the second home we've owned in Fridley and we like raising our children within the community. Lucia Lane is a great street with wonderful residents. We will gladly welcome new residents,but we would also really appreciate the city's cooperation in maintaining safe streets for our children to be able to run around and be children! Lucia Lane currently has 19 children aged 12 and under(not including the apartments)and our concerns for traffic and the safety of our children are valid. With the proposed addition of even more homes,you're adding even more traffic to the street and the city has failed to address the existing concerns. I would hope that if you choose to approve the proposed subdivision as is,you also commit to addressing the traffic issues as well. Thanks for your time and consideration. Alina Cramble 6645 Lucia Ln 1 138 Fridley Planning Commission Attn:Stacy Stromberg,Planner May 16,2018 Re: Public Hearing Notice for Plat, PS#18-03 To whom it may concern, This letter is in regards to the recent consideration to subdivide 6663 Lucia Ln into three new single family lots.As a home owner in this neighborhood,.I find it encouraging to see planned growth and the potential to add single family homes to our block.This not only can help strengthen our neighborhood, but can also bring financial additions to the City of Fridley and increase property value. It's a win-win. With that being said,I have two concerns that need to be addressed.The first is an inquiry about the zoning classification.No specific zoning assignment was shared on the public notice.I would prefer to see these subdivisions remain in line with the current R1 zoning classification and that only single family dwellings are built on these sites.Please clarify for the public the proposed zoning assignment with this plat. Second,I must bring up our neighborhoods deep and publicly shared concerns about traffic patterns on our street.This plat ends at a curve in the street.Any new subdivisions would have to have some sort of entry access devised.The corner of this plat is a bottleneck for excessive traffic for the R2 plat (apartment building)and the R3 plats(school).Current design and usage of our neighborhood street will increase the risk of accidents and damage. There has been extensive concerns shared with the city about our particular block's traffic patterns. Please see public records such as the following for record of the issues.To this point, nothing permanent has been done by the city to alleviate our neighborhood's concerns.This subdivision will exacerbate concerns and add additional property owners in the mix. • Petition for permanent speed limit sign:April 25,2016 o http://www.springbrooknaturecenter.org/AgendaCenter ewfile/Minutes/04252016- 92 • Lucia Ln Traffic concerns—City Council Nov 27th agenda • 2017 Fridley community survey results o .c`s:frsrlley n ustt)oc mentCenter,V!ew/46� IS rvei-results- neral • MNDot daily traffic counts in the area o Central Ave=30,000-30,500 per day o Mississippi St-4600 per day o Nothing available on Lucia In specifically.If there isn't already a traffic count study done based on feedback the city has already received from our various reports,traffic tickets, petitions,etc.,then this is 100%necessary to in order to comprehensively understand the traffic impacts on this street compared to other R1,zoned areas. • 2016 MnDOT Noise abatement Study 139 o h t't s.3t�rawot.statefixr)u enyitn me nttn sse/edit/201E-h very-nu€se-aE ate Ymerit stu xany:-. o See page 64.Our street was determined not cost effective,but the traffic certainly has MnDOT's attention. I recommend the city review police citations on record for this street over the past few years to better analyze what is happening on a regular basis on Lucia Ln.We not only deal with R2 and R3 traffic patterns in a residential area,but we also are suffering from the impact of the cross over close by MriDOT across Central Ave.Add rush hour bypass traffic from those avoiding the light at Mississippi St and we have potential for disaster. The city needs to not only review this subdivision proposal,but also take this as an opportunity to improve the safety of our street and residents.There are currently 18 children between 4-11 years old living on this block,not including children currently living at the apartment building across from this plat in question.Our street has no sidewalks,no permanent speed limit sign,no speed bumps,and are taxing the needs of police officers from having to constantly monitor our street various times throughout the week.Please consider our needs and safety for the long term and growth of our neighborhood. Thank you. Stacy Nealy 6610 Lucia Ln NE Fridley,MN 55432 612-250-2372 140 AGENDA ITEM CITY COUNCIL MEETING OF 111111, J ``�°' FrRfle)y JUNE 11, 2018 Date: June 6,2018 To: Walter T. Wysopal, City Manage'6 .. From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Final Plat, PS#18-02, Pulte Homes ANALYSIS The Council will recall on April 9, 2018, Pulte Homes received preliminary plat approval for Locke Pointe, which will create twenty-seven new lots and three outlots. Twenty-six of those lots will be used for new single family villa homes and the 27th lot is where the City's water treatment plant is located. The three outlots will be used for storm water retention,green space and the re-located park and open space area. LOCKE POINTE co r!y 4 r,I1. xc ?,.T. 30, R. 2' \ i --, --- I IIe ,1 I,, T 1 _ i, , , idt - (; 1_________._ AI i. `I ___,__H\ 1 1 li , 1, - i 1 1 5___I . \ I — R (7'� 1 f � , a RECOMMENDATION The Planning Commission held a public hearing and approved the preliminary plat for PS#18-02 on March 21,2018. City staff recommends approval of final plat, PS#18-02, and the attached resolution. 141 RESOLUTION NO. 2018 - RESOLUTION APPROVING FINAL PLAT,P.S. #18-02 BY PULTE HOMES,ON BEHALF OF THE PROPERTY OWNER,THE CITY'S HOUSING AND REDEVELOPMENT AUTHORITY,TO ALLOW THE CONSTRUCTION OF VILLA HOMES ON THE PROPERTY GENERALLY LOCATED AT 6911 UNIVERSITY AVENUE NE AND PARCEL IDENTIFICATION NUMBER 11-30-24-34-0014 WHEREAS, the Planning Commission held a public hearing on March 21, 2018, and recommended approval of said plat; and WHEREAS,the City Council approved the preliminary plat for LOCKE POINTE at their April 9, 2018 meeting; and WHEREAS, the City Council approved the final plat of LOCKE POINTE at their June 11, 2018 meeting; and WHEREAS, a copy of the final plat LOCKE POINTE has been attached as Exhibit A; NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for LOCKE POINTE and directs the petitioner to record the plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF JUNE 2018. SCOTT LUND -MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 142 iiley AGENDA ITEM pCITY COUNCIL MEETING OF rid June 11, 2018 TO: Walter Wysopal, City Manager e"../ PW18-041 FROM: Jon Lennander Scott Hickok, Community Development Director DATE: June 7, 2018 SUBJECT: Approval of Locke Pointe Development Contract with Pulte Homes Pulte Homes is preparing to start construction on the Locke Pointe Development within the Fridley Civic Campus project area. The Locke Pointe project consists of twenty six lots, three roads and two ponding areas. Pulte Homes will excavate and grade the site, install all utilities,construct the roads and ponds,and finally build the new homes. Pulte will turn over the public improvements to the City when the conditions of the Development Contract have been met. The Development Contract defines the conditions for Pulte in terms of financial responsibility and security, construction obligation and oversight, and schedule. In this case, Pulte Homes will be responsible for all work with oversight by the City. Approval of the Development Contract is required for Pulte to begin construction and build the proposed homes. Construction of the Locke Pointe project will be completed in coordination with the Locke Parkway project. Staff recommends the City Council move to approve the attached Development Contract for Locke Point project with Pulte Homes. If the Council approves,staff will notify the Developer of the approval. Attachment 143 DEVELOPMENT CONTRACT (Developer Installed Improvements) LOCKE PARK AGREEMENT dated , 2018, by and between the CITY OF FRIDLEY, a Minnesota municipal corporation ("City"), and PULTE HOMES OF MINNESOTA, LLC, a Minnesota limited liability company(the"Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for LOCKE PARK (referred to in this contract as the "plat"). The land is situated in the County of Anoka, State of Minnesota, and is legally described as Outlot E and F, LOCKE PARK POINTE according to the recorded plat thereof, Anoka County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this contract, furnish the security required by it, and record the plat with the county recorder or registrar of titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the city clerk, 2) the necessary security has been received by the City, and 3) the plat has been recorded with the Anoka County Recorder's Office. Preliminary grading may be started prior to recording the Development Contract with an approved Land Alteration Permit 4. CHANGES IN OFFICIAL CONTROLS. For two years from the date of this contract, no amendments to the City's comprehensive plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City's comprehensive plan, official controls, platting or dedication requirements enacted after the date of this contract. 5. DEVELOPMENT PLANS. The plat shall be developed 'in accordance with the following plans. The plans shall not be attached to this contract. If the plans vary from the written terms of this contract,the written terms shall control. The plans are: Plan A -Plat Plan B -Final Grading,Drainage and Erosion Control Plan Plan C—Storm Water Pollution Prevention Plan SWPPP Plan D-Plans and Specifications for Public Improvements Plan E- Street Lighting Plan 144 Plan F-Landscape Plan Plan G-Permanent Traffic Control Plan 6. IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities(pipe,ponds,rain gardens,etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping Plan K. Monuments Required by Minnesota Statutes L. Miscellaneous Facilities, if any The improvements shall be installed in accordance with the City's subdivision regulations and the City's engineering guidelines/standard detail specifications. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer or designee. The Developer shall instruct its engineer to provide full-time field inspection personnel in order for the Developer's engineer to be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his or her engineer shall schedule a pre-construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer or designee. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designee. 7. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall provide to the City a cash escrow to pay for the costs of administering the development contract. Administrative costs include but are not limited to preparation of the contract, City recording fees for documents required as part of the development, monitoring of construction observation, consultation with the Developer and his/her engineer on status or problems regarding the project, plan review, coordination for testing, periodic and final inspections and acceptance, project monitoring and inspections during warranty 145 periods, and processing requests for reduction or release of security, for all public improvements covered by the development contract. The cash escrow deposit shall be $14,500.00 (calculated at 3% of the estimated cost of proposed public improvements, as shown in the Summary of Security Requirements). If, at any time prior to completion of the development contract administration process, the balance in the cash escrow account is depleted to less than 10% of the originally required cash escrow amount, the Developer shall deposit additional funds in the cash escrow account as determined by the City. Any balance remaining in the cash escrow account upon completion of the development contract administration process shall be returned to the Developer after all claims and charges thereto have been deducted. 8. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 6 above. 9. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: • Minnesota Department of Health for watermains • National Pollutant Discharge Elimination System permits • Minnesota Pollution Control Agency for sanitary sewer • Minnesota Department of Natural Resources — groundwater augmentation (dewatering) and MPCA discharge permit(if appropriate). • Metropolitan Council Environmental Services for sanitary sewer connections • Watershed permits • City of Fridley,building permits 10. TIME OF PERFORMANCE. The Developer shall install all required public improvements by October 31, 2018, with the exception of the final wear course of asphalt on streets. Final wear course placement will be allowed in a new housing development only after one freeze — thaw cycle and after a certificate of occupancy has been issued for 75% of the dwelling units. An inspection of the roadway will be performed by the city engineer or designee prior to wear course placement. From this inspection, any deficiencies or damage to the street, sidewalk and curb will be noted and will need to be corrected prior to the placement of the wear course. 11. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 12. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access to the subdivision via the existing East University Avenue Service Road. No construction traffic is permitted on other adjacent local streets, except as approved by the Fridley Engineering Department. 13. CONSTRUCTION PARKING/STAGING. Construction parking and staging shall occur within the development. 14. GRADING PLAN. The plat shall be graded in accordance with the approved Grading, Drainage and Erosion Control Plan (Plan B). The plan shall conform to City of Fridley 146 standards. The Developer shall have responsibility for site grading through completion of the project including sod,trees and required landscaping and shall include a warranty period. Within 30 days after completion of the grading, the Developer shall provide the City with a "record" grading plan certified by a registered land surveyor or engineer indicating that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. All lots with house placed s on fill must be monitored and constructed to meet or exceed FHA/HUD 79G specifications. The Developer must certify that this has been done correctly. Prior to City acceptance of the grading improvements and a full release of financial sureties, the Developer shall provide the City with final "record" plans, in accordance with the City's most recent Engineering Guidelines and the Developer shall verify that all final grades,after house construction and final lot grading,meet the approved grading plan. 15. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan (Plan B)and SWPPP shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency's best management practices. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 7 days after the completion of the work or in an area that is inactive for up to 7 days unless authorized and approved by the city engineer in writing. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding standards. All seeded areas shall be fertilized, mulched, and disc- anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten days, the City may draw down the security to pay any costs. No development,utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 16. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and to direct attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage to ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision 147 swept clean of dirt and debris that may spill, track, or wash onto the street from the Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets if all of the following conditions are meet and verified by the City by October 1St. • The street has concrete curb and is paved with first lift of asphalt. • At least one house on the street is occupied. • All the manholes and valve boxes (iron) is set below the paved surface so not to cause damage to the snow removal equipment. If any one of these conditions is not met by October 1St snow removal for the entire season will be the responsibility of the developer. If the conditions are not met, the developer shall be responsible for plowing all streets within the development in accordance with the City's Snow Removal Policy and shall be completed within 12 hours after snowfall has ended. If the Developer does not comply with the policy or if the streets are not plowed within the specified time, the City will plow the streets and bill the Developer plus a penalty of$500 each time the City plows the streets. If the Developer does not reimburse the City for any cost the City incurred for such work within ten days, the City may draw down the security to pay any costs. The City shall not be responsible for repairing damage in the development because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and bill the Developer. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract, the improvements lying within public easements or right-of-way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: - Contractor's certificate - Engineer's certificate - Land surveyor's certificate - Developer's certificate The above affidavits shall certify that all construction has been completed in accordance with the terms of this contract. Prior to City acceptance of public improvements and a full release of financial sureties, the Developer shall provide the City with final "record" plans, in accordance with the City's most recent Engineering Guidelines. Upon City receipt and verification of the affidavits, and upon receipt of "record" plans acceptable to the City,the city engineer will accept the completed public improvements. No more than six months prior to turnover of improvements to a Homeowners Association (HOA), the developer shall request a final inspection of such improvements. Final approval of such improvements shall occur prior to HOA turnover. A portion of the security, as determined by the City Engineer, provided under Section 19 shall not be released until final approval and proof of transfer from Developer to HOA. 148 18. WATERMAIN. This plat is not subject to a trunk watermain special assessment under Minnesota Statutes Chapter 429. 19. SANITARY SEWER. This plat is not subject to a lateral sanitary sewer special assessment under Minnesota Statutes Chapter 429. 20. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY. A. With the exception of one model unit, No building permits shall be issued until the final plat is recorded, the streets (including curb and gutter installation) needed for access to lots where permits are requested are paved with the first lift of asphalt, and the sewer and water service utilities are tested and approved by the city engineer/designee. B. Prior to issuance of building permits, written certification of the grading for the block where the building is to be located must be provided to the City. C. Erosion Control shall be installed and maintained for each lot at the time of building permit and left in place until the home is occupied or turf completely established. D. Breach of the terms of this contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the city engineer or designee. 21. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer. The signs shall be placed at all intersections or at such other locations as determined by the city engineer or designee. All street name signs must be installed prior to final building inspection approval. The Developer shall install traffic control signs in accordance with the plan approved by the city engineer and Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the city engineer. 22. PARK DEDICATION FEES. The Owner/Developer shall pay a$1500.00 per lot Park Dedication fee pursuant to the requirements of the City of Fridley contemporaneously with the execution of this Development Agreement. 23. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein,the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this 149 contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys'fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this contract,including engineering and attorneys'fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots,the entire plat,or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this contract within 30 days after receipt. Bills not paid within 30 days shall accrue interest at the rate of 8%per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges,and building permit fees. 24. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. The Developer shall post a security for the final placement of all subdivision iron monuments. The security was calculated as shown in the Summary of Security Requirements at $100.00 per iron. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. B. The Developer must obtain a sign permit from the City building official prior to installation of any subdivision identification signs. C. The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. D. The Developer shall include the "City of Fridley's Standard Detail Specifications" (all applicable sections) in the contract documents of their improvement project. E. Other requirements: 1. Prior to recording the final plat,the Developer shall: a. Execute the development contract and provide the related financial guarantees and fees. b. Receive City approval of final construction plans. 2. Prior to issuing the initial Certificate of Occupancy,the developer shall: a. Record with the county the maintenance agreement for the stormwater ponds on the property. 150 25. MISCELLANEOUS. A. The Developer may not assign this contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots,the entire plat,or any part of it. B. A building permit is required for any retaining wall that would be 48 inches in height or higher, and a fence/wall permit is required for any retaining wall that would be less than 48 inches in height. Additionally, a fence with a minimum height of three feet shall be installed at the top of any retaining wall that exceeds four feet in height, and at the top of any tiered retaining wall that requires a building permit. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota, as approved by the building permit. Following construction of any retaining wall that requires a building permit and prior to issuance of a certificate of occupancy for a lot where the retaining wall is located, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. C. The Developer shall submit appropriate legal documents regarding homeowner association documents, covenants and restrictions, as reviewed by the city attorney for consistency with the City's official controls and conditions of approval shall be filed with the final plat. If the documents are not consistent with the City's official controls and conditions of approval, the documents shall be amended to make them consistent prior to recording the final plat and homeowner association documents. D. The Developer shall take out and maintain or cause to be taken out and maintained until 6 months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given written notice of the cancellation of the insurance per the terms of the policy. E. Third parties shall have no recourse against the City under this contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this contract shall not be a waiver or release. H. This contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this contract, in the form attached hereto, from all parties who have an 151 interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein'set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision regulations, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 26. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies,assess the cost in whole or in part. 27. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this contract against poor material and faulty workmanship. The Developer shall submit or maintain a letter of credit for 25% of the amount of the original cost of the following improvements: A. The required warranty period for materials and workmanship for utilities including public sanitary sewer, storm sewer, and water mains shall be 2 years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be 1 year from the date of final written City acceptance. C. The required warranty period for grading, sod, trees, and landscaping is one growing season following installation. 28. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this contract,payment of special assessments,payment of the costs of all public and private improvements,and construction of all public and private improvements,the Developer shall furnish the City with a letter of credit,in a format acceptable to the City,from a bank, cash escrow or a combination cash escrow and letter of credit("security")for$483,389.00 The amount of the security was calculated as shown in Appendix A. This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Manager. The City may draw down the security, without notice, for any violation of the terms of this contract or 152 if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least 30 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that work has been completed and financial obligations to the City have been satisfied, with city engineer or designee approval the security may be reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty-five percent(25%)of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided;and(6)the public improvements are accepted by the City. 29. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this contract which must be furnished to the City at the time of final plat approval: Subdivision monument Security (23A) (Refundable) $ 2,600.00 Administration of Development Contract Escrow $14,500.00 Park Dedication Fee $39,000.00 TOTAL CASH REQUIREMENTS LEVIED: $56,100.00 30. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer,its employees or agents,or mailed to the Developer by certified mail at the following address: Pulte Homes of Minnesota,LLC ATTN: Chad Onsgard 7500 Flying Cloud Drive,Suite#670 Eden Prairie,MN 55344 The Developer shall notify the City within five days of a change of address. Notices to the City shall be in writing and shall be either hand delivered to the city manager, or mailed to the City by certified mail in care of the City Manager at the following address: Fridley Community Development Department Attn: Scott Hickok 6431 University Avenue,NE Fridley,MN 55432 153 CITY OF FRIDLEY BY: Scott Lund, Mayor (SEAL) AND Walter Wysopal,City Manager STATE OF MINNESOTA ) (ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by Scott Lund and by Walter Wysopal, the Mayor and City Manager of the City of Fridley, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC DEVELOPER: By: Its: STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by the of on its behalf. NOTARY PUBLIC DRAFTED BY: CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY,MN 55432 154 Appendix A Developer ESTIMATED COSTS ITEM Total Sanitary Sewer: $ 72,399.00 Watermain: $ 85,763.00 Storm Sewer: $112.467.00 Streets: $176,960.00 SUB-TOTAL: $447,589.00 Design,Admin., Insp.,As-Builts (8%): $ 35,800.00 TOTAL: $483,389.00 (1) Developer installed public improvements. City to own and maintain after development completed. 155 (BANK LETTERHEAD) IRREVOCABLE LETTER OF CREDIT Letter of Credit No.: Date: TO: City of Fridley 6431 University Avenue,NE Fridley,MN 55432 RE: (*Insert project name/address) Dear Sir or Madam: We hereby issue, for the account of (*insert Developer Name/Address) and in your favor, our Irrevocable Letter of Credit in the amount of$ , available to you by your draft drawn on sight at the undersigned bank. Any drafts drawn under this Letter of Credit must: a) Bear the clause, "Drawn under Letter of Credit No. of(insert Bank name), dated 20 "; b) Name the City of Fridley as beneficiary;and c) Be presented for payment at (*insert Bank name & address), on or before 4:00 p.m. on November 30,20 This Letter of Credit shall automatically renew for successive one-year terms unless,at least sixty (60) days prior to the next annual renewal date, the Bank delivers written notice to the Fridley Community Development Department that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least sixty (60) days prior to the next annual renewal date addressed as follows: Fridley Community Development Department, Fridley City Hall, 6431 University Avenue NE, Fridley, MN 55447, and is actually received by the Community Development Department at least sixty (60)days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits,International Chamber of Commerce Publication No.600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its 156 ti t; " . A A IN Z ul !flown= 410 '---,'' :1 I, k ' .J ta ..ra I 1 0 'a fl�1[!&idiiiiil a' I' ' ffP Z e t';' Int • < A III J a LL ! aaaaaaaaaaaoaa�aaatiaII q III ii I4 IL 1 ! \ 1 1 \ $ \ 1 1 1 1 — \is, / "-- 0 1 41 ; r- \ Avai I g P h_ 1 i1 �, 1 / 1.- \ a PIM e;ej���� 1JIiiiii - 6 .10 1 1111 ap 1 ► 1 III V iii.;;a , LNigirm ,; el may.. p, - r €s ii i1 i 61.1 a al * !lr�� '�" ,11711 h I S .i 110 11 2 @ ,Aij ----.10 i=f, I-- ; i lir aro t Oh ' ' I 1 ����..,a�r _ :i1 K,:; i i ill l q i 0 iy 4.1.1 1!-1 iii 7 lip ' I. 1 :11 1:, 1 $1=$e E f 4 i 4 1 i FF imp IIIr ��#�Iitat A R e, 5 i ��� imp I .. i w r .i f 6 1 1i r b 1 1 �r =I,I, pe�' 1 1 ',1e��P/t�,�w'��I4W.e, , moi =.�. 1 Iwk`f1. r 1e ► • : t r : : y s 111iiii”I'--I (101 I [ 11 3 1 1 1 § 1 11 3 1' �..�: �+ !iw0 x'101! I i ; 6 t > 4 s : t I i I I � d �1 ;i1 11 li E I �1 € I ,z, I 111 I 1 ;��;,, I I III !d ®sem/ 2 /1 " 1 sII I JfIflppp ip II 1 I 1 1 1 -I ' II 4 F i f i i Q t 1 F+ I,i ubmn• 157 vair AGENDA ITEM oaf CITY COUNCIL MEETING OF Fridley JUNE 11, 2018 To: Walter T. Wysopal, City Manager Mayor and City Council From: Debra A. Skogen, City Clerk 0 Brian T. Weierke, Public Safety Director Date: June 8, 2018 Re: Suspension of Massage Therapy Licenses Due to Noncompliance of Fridley City Code Section 125.04 and Fridley Zoning Code Section 205.15.1.C.(13) Fridley City Code Chapter 125 entitled Saunas and Massage Parlors grants an exception to individuals practicing massage therapy under Section 125.03. Section 125.04 defines saunas and massage parlors and requires business licensing. Fridley Zoning Code Section 205.15.1.C.(13) requires a special use permit to operate a sauna or massage parlor. The two businesses located at 1299 Mississippi Street and 7420 University Avenue have had individuals come in to apply for the massage therapy exemption while actually engaging in a massage parlor business without a license and failing to apply for a special use permit. A recent inspection provides proof they have violated Section Chapter 125.04 of the City Code for failing to obtain a massage parlor business license and Zoning Code Section 205.15.1.C.(13) for not obtaining a special use permit. Section 125.12 defines the restrictions and regulations of a massage parlor license: Section 125.12.5. "Every licensee shall allow for an examination and inspection of every part of the premises by a police, fire or health authority during normal business hours six times a year. Refusal to allow such inspection or to answer the request of City police, fire or health authority to be admitted to a licensed premises shall be grounds for suspension or revocation of all licenses." Section 125.12.6. "A licensed premises shall be kept and maintained in a sanitary condition defined as being free from the vegetative cells of pathogenic microorganisms and all equipment,personal property,tables,beds,towels, clothing and the like used in or for the purpose of massage shall also be maintained in a sanitary condition as defined herein." 158 Section 125.15 allows for a license to be revoked, suspended or not renewed by the City Council upon recommendation of the City Manager for: 125.15.3. Engaging in conduct involving moral turpitude or permitting or allowing others within their employ or agency to engage in conduct involving moral turpitude or failing to prevent agents, officers or employees engaging in conduct involving moral turpitude. 125.15.4 Failure to fully comply with any requirements of the Chapters of the City Code of Fridley regarding sanitary and safety conditions,zoning requirements,building code requirements or ordinances,the violation of which involves moral turpitude, or failure to comply fully with any requirements of this Chapter. Based on this information, it is recommended that the individual massage therapy licenses for the following individuals be hereby suspended until such time as a thorough investigation is complete: 99 Massage located at 1200 Mississippi Street NE: Ling Liu, Xianmei Zhang,Yong Ging Wei, and Ling Ling Huang Sunlight Bodywork located at 7420 university Avenue NE Jiu Feng Xi and Yun Liu 159 AGENDA ITEM CITY COUNCIL MEETING OF Fridley JUNE 11 , 2018 INFORMAL STATUS REPORTS 160