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02-08-2021 CITY COUNCIL MEETING February 08, 2021 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, program, 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 d any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534). AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 1.Approve the Minutes from the City Council Meeting of January 19, 2021 NEW BUSINESS 2.Receive the Minutes from the Planning Commission Meeting of January 20, 2021 3.Resolution No. 2021-07 Approving Lot Split LS #21-01 (Ward 3) 4.Resolution No. 2021-08 Approving Special Use Permit, SP #21-01 Petitioned by Schmit Towing (Ward 3) 5.Resolution No. 2021-09 Approving Variance, VAR #21-01 Petitioned by Calichi Group (Ward 1) 6.Resolution No. 2021-10 Approving Variance, VAR #21-02 Petitioned by 2C Development (Ward 1) 7.Resolution No. 2021-12 to Request Approval of Special Legislation by the Minnesota Legislature CLAIMS 8.Claims: 191674 - 191892 ADOPTION OF REGULAR AGENDA 2 City Council Meeting 2/8/2021 Agenda Page 2 OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. REGULAR AGENDA ITEMS OLD BUSINESS NEW BUSINESS INFORMAL STATUS REPORTS ADJOURN 3 Jufn!2/ AGENDA REPORT Meeting Date: February 8, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of January 19, 2021 Background Financial Impact Recommendation Approve the minutes from the City Council Meeting of January 19, 2021 Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship x Organizational Excellence Attachments and Other Resources !City Council Minutes January 19, 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ ! CITY COUNCIL MEETING ! January 19, 2021 ! 7:00 PM ! Fridley Civic Campus, 7071 University Avenue N.E. ! !! MINUTES PLEDGE OF ALLEGIANCE CALL TO ORDER PRESENT Councilmember Ann Bolkcom Councilmember Stephen Eggert Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry City Manager, Wally Wysopal Public Works Director, Jim Kosluchar Civil Engineer, Brandon Brodhag PROCLAMATIONS/PRESENTATIONS 1. Twin Cities North Chamber of Commerce Update 2. Recognition of Officer Todd Des Jardin by Brian Weierke, Director of Public Safety APPROVAL OF PROPOSED CONSENT AGENDA Motion made by Bolkcom, Seconded by Tillberry. Voting Yea: Bolkcom, Eggert, Lund, Ostwald, Tillberry APPROVAL OF MINUTES 3. Approve Minutes from the City Council Meeting of December 21, 2020, and January 4, 2021 Approved NEW BUSINESS 4. Resolution No. 2021-04 Authorizing Use of Municipal State Aid System (MSAS) Funding for Street Rehabilitation Project ST2021-02 Approved Resolution No. 2021.04 5 Jufn!2/ City Council Meeting 1/19/2021 Minutes Page 2 5.Resolution No. 2021-05 Approval of Gifts, Donations and Sponsorships received between December 22, 2020 and January 11, 2021 Approved Resolution No. 2021-05 6. Resolution No. 2021-06 Approving and Authorizing a Drainage Easement and Utility Agreement with Willows Bend Senior Living LLC Approved Resolution No. 2021-06 CLAIMS 7. Claims Approved ADOPTION OF REGULAR AGENDA Motion made by Bolkcom, Seconded by Tillberry. Voting Yea: Bolkcom, Eggert, Lund, Ostwald, Tillberry OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. No one from the audience spoke. REGULAR AGENDA ITEMS PUBLIC HEARING(S) 8. Public Hearing on 2021 Street Rehabilitation Project No. 2021-02 Motion to open the public hearing made by Eggert, Seconded by Tillberry. Voting Yea: Bolkcom, Eggert, Lund, Ostwald, Tillberry Brandon Brodhag, Civil Engineer, stated that the City received a petition from the neighborhood in 2019 to repair streets from residents on Monroe Street. Staff prepared a new Pavement Management Plan and the City Council authorized substantial budget modifications to create adequate funding and prioritization for this project. The City authorized initiation of this project November 9, 2020. The neighborhoods include Rice Creek Terrace East, Spring Valley and Harris Lake. The Rice Creek Terrace neighborhood streets include Rick Creek Terrace, Monroe Street, 67th Avenue, 68th Avenue, and Brookview Drive. The Spring Valley/Harris Lake neighborhood streets include 64th Avenue, Arthur Street, Camelot Lane and Square Drive. Mr. Brodhag stated that the work elements include removal of pavement, water main/hydrant replacements, storm sewer utility and sanitary sewer improvements, curb replacement, re-paving streets and restoration. The tentative schedule is to open the bids and award a contract in March 6 Jufn!2/ City Council Meeting 1/19/2021 Minutes Page 3 2021, private utility work in May 2021, construction from June-September 2021, and final hearing and notice of assessment in October 2021. Assessments will begin in January 2022. Mr. Brodhag noted that in December 2020, property owners and Council members were invited to view a virtual presentation in lieu of an open house due to the COVID pandemic to introduce the project. Preliminary information was presented and emphasized the importance of communicating with staff with questions or concerns before and during construction. The notice was mailed to 246 properties, and the presentation has currently been viewed 38 times. Mr. Brodhag said staff developed a feasibility report that evaluated streets in the area and considered roadway conditions, utility improvements, and provided details on the extent of construction. City Council received the report at its December 21, 2020 meeting. The feasibility report concluded that the project is cost effective, necessary and feasible. The estimated project cost is $1,320,000. The amount of $140,145 will be paid by Fridley Municipal State Aid, $456,855 will be received from assessments to adjacent properties, $601,000 from the Water Utility Fund, $25,000 from the Sanitary Sewer Utility Fund and $97,000 from the Storm Sewer Utility Fund. Mr. Brodhag stated there are two accessible parcel categories, Low Density Residential (LDR) and Non-Low Density Residential (NLDR). There will be no NLDR in 2021-02. LDR properties are assessed for street rehabilitation only. Properties with driveways on the project streets are assessed. Corner lots are assessed on one side only. Assessment is based on dividing the proportional street improvement costs for the assessed area by the number of residential properties. Multi-unit residential properties of up to four units pay the lower of the NLDR rate, or the residential rate reduced by 50% for each unit over one. Final assessments are based on actual construction costs and all LDR units receive an equal assessment. The estimated cost per unit is $1,995 for this project. Mr. Brodhag reviewed the three payment options. A lump sum payment can be made within 30 days of the final assessment hearing. The amount can be assessed to property taxes and paid over a 10- year term with an interest rate to be calculated by the Finance Director and is 2% over the prime rate. The annual tax payment would increase an estimated $300 in the first year and diminish as time goes by. Senior citizens, retirees and individuals with a qualifying disability who meet certain criteria may request to have the assessment deferred. Interest accrues until the deferment is terminated. Mr. Brodhag said staff requests the City Council continue the preliminary assessment hearing and hear all those who desire to address Council. If so in order, Council can move to adopt the resolution directing preparation of final plans and ordering advertisement for bids for Project No. ST2021-02. If approved, staff would have a geotechnical company onsite to drill soil borings along the corridor, finalize design/plans and work to receive approvals from State Aid, continue to coordinate with private utility companies with schedules and update the neighborhood via the project page on the City's website(www.fridleymn.gov/projects). Councilmember Bolkcom said the video was viewed 38 times, but some people could have viewed it more than once. She asked if there were any questions or calls from people who could not make it to the meeting tonight. 7 Jufn!2/ City Council Meeting 1/19/2021 Minutes Page 4 Mr. Brodhagrepliesyes, questions about the process and how everything would work, and the assessments and how they could pay. Councilmember Bolkcom asked if anyone objected to the project. Mr. Brodhag replied no. James Wolf, Monroe Street and Pandora Drive, said that his street address is Pandora Drive, but his driveway is on Monroe Street. He asked what street he would be assessed for and if he would be assessed for both streets. Mayor Lund replied that residents do not get assessed for both streets, but he was not sure if it was the street address or driveway access to the street. Jim Kosluchar, Public Works Director, confirmed that only one street on a corner lot would be assessed. He said the policy for rehabilitation streets is to assess the driveway side. If there are two driveways, the address side will dictate. Norma Hotvedt-Iacono, 593 Rice Creek Terrace, asked about irrigation set-up and rain gardens. Mr. Kosluchar replied the letter did ask homeowners to mark known irrigation with flags, but if they are unable to do that and the contractor breaks something, allowance is in the bid to repair at no charge. Marking sprinkler heads saves time, a contractor to put out flags. The rain garden is a storm water quality element. If homeowners are interested in improving the environment, they can contact us, and staff will follow up with them. Not every property is capable or suitable for a rain garden. Staff will access the property and meet with the homeowner. Dorothy Doll, 6870 Brookview Drive, asked where to find the presentation on YouTube. Mr. Kosluchar replied that it can be found on the Fridley project website There is a link listed there along with other presentation materials. Phil Borer, 561 Rice Creek Terrace, asked if there was a fee for a rain garden to the homeowner. Mayor Lund replied that there is no charge and it is voluntary. The City is trying to mitigate stormwater runoff. There is minimal maintenance that the homeowner has to do to keep up the raingarden. Mr. Borer asked what it meant to repave the street. Mayor Lund replied that two inches of asphalt will be taken off and they will lay down new pavement. Mr. Borer noted that Rice Creek Terrace is very busy with people walking on the street. He asked if there was going to be any sidewalks installed in the future. Mayor Lund thought that possibly a line could be put in the road to separate a walker/bike lane, but he was not sure if there is enough room. 8 Jufn!2/ City Council Meeting 1/19/2021 Minutes Page 5 Mr. Koslucharsaid there is a transportation plan for walks and trails in Fridley, but Rice Creek is not in that plan. If enough requests come in from individuals for walkways/bikeways on the street, staff can investigate that. Councilmember Tillberry suggested something be put on the website for people to see what a sample of a rain garden would look like. Mr. Kosluchar replied that staff can refresh the page to put a link on there with Raingarden 101 information. The property owner has to maintain the vegetation and keep it free of litter and debris. Councilmember Bolkcom thought that maybe a list of addresses of people who had rain gardens should be listed so people could look at them. Gary Stockwell, 549 Rice Creek Terrace, asked when the final assessment is done and when they would send out the final bill. Mayor Lund replied there will be another hearing at which time the final assessment would be approved. You have 30 days after that hearing to pay the bill. The bill be will mailed to homeowners. Paul Hengle, 1081 Rice Creek Terrace, asked if someone could pay off the assessment in two payments, one at the beginning and the rest in six months. Mayor Lund replied that the assessment can be paid off however the homeowner would like. If it is paid off early, they would be charged less interest. Mr. Hengle said he has a public rain garden next to his property and it is a lot of upkeep. It is a great idea but after 6-7 years, it is a mess. This is not on his property, and he does not see anyone maintaining it except himself. He is also opposed to sidewalks on Rice Creek Terrace due to the cost to the homeowner to put them in. Mr. Kosluchar replied that rain garden is expansive with a pretreatment device. It was installed by Rice Creek Watershed District and maintained by the City of Fridley. It has been a challenge and staff are trying to get better with maintenance. Mr. Hengle has done more than his fair share by being a good neighbor. Staff tries to get out there 2 to 3 times a year. He is thankful for neighbors who help, but the City will try to get there to clean it more often. He encouraged Mr. Hengle to call Public Works when this rain garden needs to be cleaned up. Mr. Hengle said that the watershed district installed the rain garden with a lot of native plants and the City sprayed and killed them, which is why it looks like a mess. The City needs to replace the native plants that have died. Mayor Lund said that Public Works will look and see if the plants can be replaced. Alec Bruns, 6800 Oakley Street NE, asked when the notices were sent out, as he did not know there were online resources. He also asked when homeowners will know when their street will be torn up. Mayor Lund replied homeowners will be kept abreast with weekly updates to let them know what is coming up. We have a good system of notifying properties about what is happening. 9 Jufn!2/ City Council Meeting 1/19/2021 Minutes Page 6 Councilmember Bolkcomsaid this is a different year with the pandemic.Normally there would have been a meeting with presentations with opportunities to ask questions and provide feedback. Staff posts good information on the website or homeowners can sign up for email updates. Motion to close the public hearing made by Tillberry, Seconded by Bolkcom. Voting Yea: Bolkcom, Eggert, Lund, Ostwald, Tillberry NEW BUSINESS 9. Resolution No. 2021-03 Ordering Final Plans, Specifications and Calling for Bids: 2021 Street Rehabilitation Project No. ST 2021-02 Motion made by Tillberry, Seconded by Ostwald. Voting Yea: Bolkcom, Eggert, Lund, Ostwald, Tillberry INFORMAL STATUS REPORTS Debbie Dahl, Director of Community Services and Employee Resources, shared information on the parks master plan. She said a lot of work has been done internally with staff and a consulting firm. An update website . This is an interactive website and people can provide feedback to staff. If you view the map, there is an overview of our current parks system, over 36 parks, and by each park there is a dedicated number to click on and you can see photos and data of what will be happening at that park. As concept plans are developed, they will be loaded into this system along with upcoming meetings for individual parks. A list of scheduled projects will be listed in the future. ADJOURN Motion made by Ostwald, Seconded by Eggert. Voting Yea: Bolkcom, Eggert, Lund, Ostwald, Tillberry Meeting adjourned at 8:24 p.m. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor : Jufn!3/ AGENDA REPORT Meeting Date: February 8, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Receive the Minutes from the Planning Commission Meeting of January 20, 2021 Background Financial Impact Recommendation Focus on Fridley Strategic Alignment x Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship x Organizational Excellence Attachments and Other Resources !Minutes from the Planning Commission Meeting of January 20, 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 21 Jufn!3/ FRIDLEY PLANNING COMMISSION WEDNESDAY JANUARY 20, 2021 7:00 P.M. VIA ZOOM MINUTES CALL TO ORDER Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. ROLL CALL PRESENT: David Kondrick, Mark Hansen, Terry McClellan, John Buyse II, and Ross Meisner. ABSENT: Ryan Evanson and Mike Heintz OTHERS PRESENT: Stacy Stromberg, City Planner Matthew Rasmussen, City of Minneapolis Steve and Sue Schmit, Schmit Towing Brian Emrich, Calichi Design Group Bruce Carlson, Launch Properties Paul Tucci, 2C Development APPROVE MINUTES September 16, 2020 Motion by Commissioner Meisner to approve the minutes. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 1. Consideration of a Lot split, LS #21-01, by the City of Minneapolis, to split off the northern portion of their property at 4500 Marshall Street. Motion by Commissioner McClellan to open the public hearing. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:02 P.M. Stacy Stromberg, Planning Manager, stated the request is being asked to split 43.55 feet of land along the northern boundary of the property. This request will help facilitate a 22 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ Ћ ƚŅ ЋЉ land swap between the City of Minneapolis and Anoka County Parks. Currently Anoka nd County Parks owns three parcels of land south of 42 Avenue that are adjacent to the City of Minneapolis Waterworks campus. The City of Minneapolis would like to acquire those parcels to add them to their campus to use them for an electrical upgrade. Ms. Stromberg stated after the split, the 14,000 square feet piece of land will be combined with the park land and will become part of Riverfront Park; and the remaining parcel is about 162,000 square feet. The request is simply facilitating a land swap for the City of Minneapolis and the Anoka County Parks Department. Staff does recommend approval of the lot split. Vice Chairperson Hansen stated he noticed a portion of the regional trail on the south end is on a sliver of that property. Is any of the work that Minneapolis is contemplating going to affect that trail? Matthew Rasmussen, City of Minneapolis, replied, none of the work they have planned will affect the trail. Commissioner Meisner stated as to the strip of land to the north that would go to the park, is there anything on that land that would give the park a little bit of a headache about using it? Mr. Rasmussen replied, no, right now it is being utilized by Rice Lake Construction in their filter plant rehab update. At the completion of the project, they would be moving the fence line at their cost to establish the new boundary. He believed the only thing there may be is a TCE Monitoring Well; but he is sure the Park is very familiar with having those on their property. Mr. Rasmussen replied, actually the Anoka County Parks is rather excited because the Kiosk Parcels land tends to be a gathering site for individuals staying over at the railroads so they tend to have to do cleanup every spring. Commissioner Buyse asked, do they know what the Park plans to do with the land? Mr. Rasmussen always been kind of a buffer area because they have their disc golf course on that section of park. They would be just taking it over as green space. Motion by Commissioner McClellan to close the public hearing. Seconded by Vice Chairperson Hansen. 23 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ Ќ ƚŅ ЋЉ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:11 P.M. MOTION by Commissioner Meisner approving a Lot Split, LS #21-01, by the City of Minneapolis, to split off the northern portion of their property at 4500 Marshall Street. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideration of a Special Use Permit, SP #21-01, by Schmit Towing, Inc., to allow outdoor storage on the lot across the street from their rd business at 92 - 43 Avenue, owned by Burlington Northern Santa Fe. The lot will be used for storage of impounded vehicles, generally th located at 80 44 Avenue NE. Motion by Vice Chairperson Hansen to open the public hearing. Seconded by Commissioner Meisner. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:14 P.M. Stacy Stromberg, Planning Manager, stated the petitioner, Joe Buck of Schmit Towing, is requesting a special use permit to allow outdoor storage of impounded vehicles on the rd lot across the street from the Schmit Towing business which is located at 92 - 43 Avenue. The lot to be used for outdoor storage is owned by Burlington Northern Santa th Fe (BNSF) and is addressed as 80 - 44 Avenue. Ms. Stromberg stated the petitioner has entered into a lease agreement with BNSF to allow outdoor storage in the southwest triangular corner of the BNSF site. Ms. Stromberg stated the property is zoned M-2, Heavy Industrial. The existing building triangular piece of property involved in this request has been used for parking and outdoor storage. Ms. Stromberg BNSF that they were using this area for outdoor storage, without a special use permit. 24 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ Ѝ ƚŅ ЋЉ Staff then worked with BNSF to either obtain a special use permit or remove the outdoor storage. In the end, they decided to remove the outdoor storage. Ms. Stromberg stated shortly after the area was cleaned up, staff received a call from Schmit Towing asking if they could use that area to store impounded vehicles. Staff advised Schmit to work with BNSF to see if they were agreeable to that, and also talked them through the special use permit process. The petitioner has since been able to work out a lease agreement with BNSF, which has resulted in this application. Ms. Stromberg stated City code allows limited outdoor storage in the industrial districts building is approximately 50,558 square feet, so City code would allow up to 25,279 square feet of outdoor storage on this property. Ms. Stromberg stated the triangular portion of the property is 29,911 square feet. To use this area for outdoor storage, the code requires that the area be paved and curbed, which then triggers storm water requirements to be met. As a result, the petitioner plans to have a rain garden installed on the north side of the outdoor storage area. The remainder of the area will be used to store the impounded vehicles, which is 25,279 square feet, therefore, complying with the code requirements for 50% of outdoor storage space. Ms. Stromberg stated the existing area is already fenced in and has a gate to access it on the south side. Along with the installation of the new paved parking area, curb, and rain garden, the perimeter will also need to be landscaped, which the petitioner is aware of and has planned for. Ms. Stromberg stated City Staff recommends approval of this special use permit as limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following stipulations be attached: 1.!The outdoor storage area shall be limited to the area outlined in the plan submitted by Schmit Towing dated 12/18/2020. 2.!The petitioner shall obtain a land alteration permit prior to any work commencing for the outdoor storage area. 3.!Access drive aisles within impounded vehicle lot shall remain clear to allow for Fire access. 25 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ Ў ƚŅ ЋЉ 4.!Storage of towed vehicles is only allowed within the approved outdoor storage area and Schmit Towing property, storage of towed vehicles within the public right-of-way is not allowed. 5.!Vehicles stored in the outdoor storage area shall be in working condition and not leaking any fluids. Commissioner Buyse asked why would Burlington Northern not be the ones requesting this change because it is their property and they are still going to own it. Ms. Stromberg replied, they have signed off on the application; and they have entered into a lease agreement with the petitioner, so provided they are okay with it, the City cannot tell them what they can store in their outdoor storage area. Commissioner McClellan asked whether the inventory rotates through there fairly regularly or is this long-term storage and are there parking issues or anything like that? Mr. Schmit, Schmit Towing, replied, these vehicles would be rotated through. It would not be long-term storage. Vice Chairperson Hansen enforcement actions in the future, how does that work with the user not owning the property here? Ms. Stromberg replied, ultimately Burlington Northern would be responsible for anything that happens on site because it is their property, but with the special use permit in place they have a contract with the petitioner saying they need to abide by these rules. If there were violations, the City would notify them, hopefully work through those with them, before they would bring it to Council for further action. However, there is always that option if there are continued violations, they can bring the item back to Council for further review. Sue Schmit, Schmit Towing, replied, in that respect, they have worked with the City of Fridley a long time. They appreciate the relationship and any issues if there would be forthcoming, they would definitely work with or address with the City of Fridley. Commissioner McClellan asked how many vehicles might be stored at any particular time? Is that 20 or 200? Mr. Schmit replied, he really cannot give a definitive answer. Right now they are still jammed into their current spot. It will just allow them more operating room. Typically 26 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ Џ ƚŅ ЋЉ there will be 25 there, but there could be more. They get surges, too, so potentially there could be more than that. Ms. Schmit stated they are currently having a surge because of the snow. They have done some lot clearing so then you bring in the vehicles, and then people come pick them up. So when the surge happens, it lasts about a day or two, and it is gone away again. It is hard to predict that. Commissioner Meisner asked whether the fencing is security fencing or is it privacy fencing? Mr. Schmit replied, it is currently chain link fence and there will be eight pine trees planted next to the fence for some screening. They would like to keep an open chain link fence mainly for when the police come by so they can see into the lot. Commissioner McClellan stated that makes sense. Commissioner Meisner replied, that does make sense; however, he remembers a past issue where there was some issue about sightliness and someone had to put up an opaque fence. That sort of thing does not apply in this situation? Ms. Stromberg replied, they prefer if people can use landscaping as screening to use it; and in this situation it seems to be the best option considering the security issues that will be present. The City is okay with this solution. th Vice Chairperson Hansen asked, was there any discussion about screening along 44 Avenue? Ms. Stromberg replied, they did have a discussion with Anoka County related to what thth they thought because 44 Avenue is their roadway; and when you are driving along 44 Avenue you can see down into the outdoor storage area. It would be very hard to screen that unless they are talking about installing very large, already established trees. Provided the vehicles in the lot look somewhat presentable, and it does not become a junk yard, they will meet the intent of the code. th Chairperson Kondrick stated he drove by there and you are up pretty high on 44. You can look down inside. Vice Chairperson Hansen stated, yes, it would be pretty hard to screen. 27 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ А ƚŅ ЋЉ th Commissioner McClellan there a grain elevator on the north side of 44? It is really industrial there. Mr. Schmit stated they did hear this concern a few months ago and at that point they also made a decision on their end there would be no crashed cars in there. Even if people did look over, it is going to look like a parking lot. There will not be any accident damaged cars there which will also alleviate any leaking of hazardous fluids. Chairperson Kondrick asked the petitioner whether he was aware of the five stipulations? Mr. Schmit replied, they are fully aware of them and have no problem complying. Motion by Commissioner Meisner to close the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:28 P.M. Chairperson Kondrick stated this is pretty easy. They are accommodating themselves and the City. They are doing the few things the City is asking. He has no problem with this. MOTION by Commissioner McClellan approving Special Use Permit, SP #21-01, by Schmit Towing, Inc., to allow outdoor storage on the lot across the street from their business at rd 92 - 43 Avenue, owned by Burlington Northern Santa Fe. The lot will be used for storage th of impounded vehicles, generally located at 80 44 Avenue NE with the following stipulations: 1.!The outdoor storage area shall be limited to the area outlined in the plan submitted by Schmit Towing dated 12/18/2020. 2.!The petitioner shall obtain a land alteration permit prior to any work commencing for the outdoor storage area. 3.!Access drive aisles within impounded vehicle lot shall remain clear to allow for Fire access. 4.!Storage of towed vehicles is only allowed within the approved outdoor storage area and Schmit Towing property, storage of towed vehicles within the public right-of-way is not allowed. 5.!Vehicles stored in the outdoor storage area shall be in working condition and not leaking any fluids. 28 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ Б ƚŅ ЋЉ Seconded by Commissioner Buyse. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Consideration of a Variance, VAR #21-01, by Calichi Design Group, to reduce the front yard parking setback for the property located at 5400 Central Avenue. The variance is being requested to allow the construction of a new Bank of America building. Motion by Vice Chairperson Hansen to open the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:31 P.M. Stacy Stromberg, Planning Manager, stated the petitioner, Brian Emrich with Calichi Design Group, is requesting a variance to reduce the front yard hard surface setback from 20 feet to 2 feet. This variance is being requested to reduce the front parking setback and to allow the re new Bank of America building. Ms. Stromberg stated the subject property is located on the northwest corner of Central rd Avenue and 53 Avenue, on the southern edge of the City. A restaurant use has existed on the property since the property was developed in 1956. In 2015, when the property to the south was going through the redevelopment process, staff advised the petitioner and property owners to ask for a rezoning from C-3, General Shopping to C-2, General Business for both the properties at 5300 and 5400 Central Avenue. A rezoning would make the lots conforming to lot size requirements and would further help with redevelopment. As a result, a rezoning was approved in 2015 when the property to the south was redeveloped from a gas station use to the existing multi-tenant retail building. Ms. Stromberg stated they can see on the aerial photo she presented with the Starbucks buliding there is parking and a drive aisle and also signage and landscaping within the 80- foot section of land that is actually City right-of-way. So when that property was redeveloped, the City entered into an easement agreement with the owners so they could locate the parking, landscaping and drive aisle in that area. The Embers site is accessed through this 80-foot right-of-way and also traverses a piece of what is the Starbucks property to enter into the parcel. 29 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ В ƚŅ ЋЉ Ms. Stromberg stated Launch Properties, a local real estate developer who was also involved in the redevelopment of 5300 Central Avenue and is joint petitioner on this request, building. They will then construct a 4,136 square foot single-story bank building with a drive-up ATM island and canopy. The new building will be constructed roughly in the same location as the existing building. There will be new curb, gutter, parking area, improved stormwater mitigation, and landscaping which will all be part of the project. Ms. Stromberg stated the property was developed in 1956 with the construction of the restaurant building. At that time, the code required a 35-foot front yard setback for the building, however the code was silent when it came to a hard surface setback. The existing parking lot is as close as .78 feet from the property line at certain points. City code requires a 20-foot front yard setback for hard surface parking areas. The petitioner is seeking a variance to reduce that requirement to 2 feet. Ms. Stromberg stated as the Commission knows, variances can only be granted if practical difficulties exist on the property. Practical difficulties need to be based on five factors as folows: 1.!Is the variance in harmony with the purpose and intent of the ordinance? The intent of the front yard hard surface setback is to ensure there is sufficient room for green space and separation and between the right-of-way and parking lot. The proposed setback reduction is consistent with the neighboring property and will only be a slight change from what exists today. 2.!Is the variance consistent with the Comprehensive Plan? The Comprehensive Plan does guide this property as commercial redevelopment so it is consistent with the Plan. 3.!Does the proposal put the property to use in a reasonable manner? The proposed redevelopment of the property as a commercial entity is a reasonable use, and the proposed setback reduction is reasonable given that access to this property is limited. 4.!Are there unique circumstances to the property not created by the landowner? Unique circumstances do exist on the property. Site access is limited through an easement with the property to the south and the City which limits how the property can be entered and exited. There is also a steep slope on the north and west sides of the property that create unique circumstances which limit where the building can be placed on site. 2: Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊЉ ƚŅ ЋЉ 5.!Will the variance if granted alter the essential character of the locality? The proposed development will not alter the essential character of the locality and will continue to create a consistent look along the Central Avenue corridor. Ms. Stromberg stated staff does recommend approval of the variance request with stipulations as practical difficulties do exist. Staff recommends that if the variance is granted, the following stipulations be attached: 1.!The petitioner shall meet all requirements set forth by: a.!The Building Code b.!The Fire Code c.! including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d.! including but not limited to landscaping, lighting, and signage plans, and 4-sided architecture. 2. Design Assistance program in order to identify energy and cost-saving strategies. Ms. Stromberg stated the reason for the additional language on Stipulation 1 is, as they ma-sided architecture and when the City received the elevations of the proposed project, they will see that the back of the building really looks like the back of a building so it is providing the 4-sided architecture the City typically approves with its development projects. Ms. Stromberg stated examples of 4-sided architecture are, new Dunkin Donuts building rd at 83 and University. As they can see the backside of the building that faces University Avenue looks just as or close to as nice as the front side of the building with the added awnings and the glass. Another example is the Sherwin Williams building that is being constructed now in the Slumberland parking lot. When they came in for their building permit application, staff had them make some adjustments to the backside of their building as well by installing an awning and additional windows. That is what the City is trying to get at with this new building and so she wanted to add that additional part onto the stipulations today. Commissioner Meisner asked whether the front setback is the east side of the lot along Central, right? Chairperson Kondrick replied, yes. 31 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊЊ ƚŅ ЋЉ Commissioner Meisner asked if this is at all related or impacted to the next item of the agenda? Ms. Stromberg replied, they are independent. They had been talking with both developers on and off, and ironically they submitted applications on the same deadline. They know each other and she does believe they are going to be working together when it comes time to construction and utilities, etc. Commissioner Meisner asked whether there are no dependencies, if one works, the other one causes a problem, vice versa. Ms. Stromberg Commissioner Buyse stated he read in the notes they received prior to the meeting there are currently two entrances and exits to this parcel and now there will only be one. There will no longer be the southwest corner entrance/exit. He asked whether that is going to cause any issues with Starbucks or any of those businesses in the south parcel, receiving deliveries or large trucks trying to get in there? Ms. Stromberg shared the site plan again. Commissioner Meisner interrupted and stated he did have to leave. He had no issues with this item or the next one. Ms. Stromberg asked the petitioner to speak to this more specifically but from what she understands, reducing the amount of entrance/exits on this parcel is actually going to be helpful to the Starbucks because it will help with their drive-thru situation. It is also going to make a clear exit for people leaving the bank as opposed to confusion over which one should I take. Brian Emrich, Calichi Design Group, the prop joint applicant with Bruce Carlson, who will be the owner/developer with Launch Properties. Between the two of them he is hoping they can answer most questions. He agreed with everything Ms. Stromberg mentioned about vehicular circulation. The one access point for the bank, that combined with the need for the drive-up ATM is really the preferred layout from a vehicular circulation standpoint. Bruce Carlson, Launch Properties, introduced himself and Joe Rickenbach the owner of Embers who is also on the call. Some of them may remember him as he was the developer for Totem Foods and the Family Group that removed the gas station and redeveloped the 32 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊЋ ƚŅ ЋЉ property to the south with the Starbucks. They do have support from Totem Food to remove the one access, as it will help with the drive thru. He asked Ms. Stromberg to share the site plan. They can see how on the aerial photo the blue car is already sticking out in front of the drive aisle waiting in the drive thru, this is a very popular site. Having the additional access point open does not really help with a delivery truck operation. Commissioner McClellan asked whether the intent is they go in and go counterclockwise around the bank building and then go through the drive-up ATM, and that would be directed by arrows, etc.? Mr. Carlson replied, correct. One of the things to remember is, first off, currently there are 56 parking spaces at the Embers; and they are turning that into 14 spaces which is really unheard of and allows them to do a lot of good things. One of the things that they are doing, is tripling the amount of green space on this lot. Mr. Carlson stated they are actually leaving the parking exactly the way it is and removing five spaces. However, because of the new codes it does not fit; but they are not pushing east or trying to grab something that is not already there. They are going to have a lot less cars here from the restaurant use to a bank use. Also note it is very complementary because it is a late morning business and it shuts down in the evening allowing for ease of traffic for the Starbucks development to the south. Chairperson Kondrick stated the last thing they need to talk about is the architecture. He asked if he understands the direction the City would like him to move in as far as the back of this building. He asked Mr. Carlson if he had an answer for that? Mr. Carlson replied, beauty is in the eye of the beholder; and he is not an architect. They did have this conversation with staff, and he has had conversations with Bank of America. Although they do not have anything they can talk about or show tonight, he understands, and he thinks Bank of America staff understands. The reason that all the money went into the front is really you are not going to see the back. It is screened with a large number of trees; it sits up on a high hill; but there are some things that can be done easily to meet . They would like to come back and take a crack at making that acceptable and bring that to City Council. Chairperson Kondrick stated that would be wise of him. Commissioner McClellan stated although he tends to sy that there is nothing to see except for the drive-up folks who are driving around the back of the building, but he is sure that the end user wants to be considered a good citizen and have everything look as nice as it can. 33 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊЌ ƚŅ ЋЉ Mr. Carlson stated he did not get tremendous pushback with the Bank of America staff so he thinks this will get their attention and they will then bring forth something. Motion by Commissioner McClellan to close the public hearing. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:55 P.M. Chairperson Kondrick stated he is for this idea. Vice Chairperson Hansen stated he is for it as well. Mr. Carlson is right in that it will generate a lot less traffic than what is there today although. That area is still kind of a traffic mess. Perhaps MnDOT could contemplate doing something there to help all of these businesses thrive in the long term. Commissioner Buyse stated he thinks it is overall a good idea. It is a good thing for the area and agrees the traffic situation there is crazy so this will obviously help a little bit. As a frequenter of all those businesses in that area it will be nice to have a little bit less traffic in that area, and it will look nicer. Motion by Commissioner McClellan accepting a Variance, VAR #21-01, by Calichi Design Group, to reduce the front yard parking setback for the property located at 5400 Central Avenue. The variance is being requested to allow the construction of a new Bank of America building with the following stipulations: 1. The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. The Cit including but not limited to landscaping, lighting, signage plans, and 4-sided architecture. 2. Design Assistance program in order to identify energy and cost-saving strategies. Seconded by Commissioner Buyse. 34 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊЍ ƚŅ ЋЉ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Consideration of a Variance, VAR #21-02, by 2 C Development, to request 2 variances, (1) to reduce the front yard parking setback and (2) to reduce the front yard setback for a building on the vacant lot rd located at 775 - 53 Avenue. These variances are being requested to allow the construction of a new retail building for a Dollar Tree. Motion by Vice Chairperson Hansen to open the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:00 P.M. Ms. Stromberg stated Paul Tucci, 2C Development, has requested two variances for the rd property at 775 - 53 Avenue NE. These requests include: a reduced front building setback from 80 feet to 71 feet and a reduced parking setback from 20 feet to 2 feet. Ms. Stromberg stated the property is located on the East side of the Target access drive, rd north of 53 Avenue. It is zoned C-3, General Shopping and was platted in 1977 as part It originally developed in 1977 with the construction of a self-serve car wash, which was permitted by right at that time. The car wash was demolished in 1998. The vacant parcel was purchased by Brad Rixmann, who was a principal in the Pawn America business that is adjacent to the north. Ms. Stromberg stated it is unclear to current Planning staff why the City Council in 1977 allowed the subject parcel and an adjacent restaurant (formerly PayLess Shoes) site to be platted in the sub-standard size configuration that they had been. The presumption is that Target knew exactly the land area it needed to preserve for the Target Store and its attached Pet Product Retailer. They also knew what land area the Pop Shoppe was indicating it would need for its building and parking. Ms. Stromberg stated this left two smaller parcels of land that though smaller than the 35,000 square feet normally required in this district, Council could through provisions in the Subdivision Ordinance, approve a plat and essentially grant a variance through the process to the parcel size requirement by approving a smaller than standard parcels. That appears most likely to be the case here. Minutes from meetings at this time did not focus on the size or provide clues beyond what they have surmised. 35 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊЎ ƚŅ ЋЉ Ms. Stromberg stated Council can in their subdivision code approve a plat and essentially a variance at the same time to approve a parcel that is smaller than standards would allow. That seems to be the case here. Ms. Stromberg stated the C-2, General Business zoning designation is a better fit for this parcel and the restaurant south of the subject parcel. The lot size requirement there would only be 20,000 square feet, rather than 35,000 square feet. It is the zoning that the Starbucks and the proposed Bank of America do have because they are also smaller parcels, and they went through that rezoning process in 2015. Ms. Stromberg stated a rezoning is a much larger process that ideally would involve other property owners to participate in the request. This process can be difficult if the property owner does not see the value in the rezoning. As a result, current staff recommended the petitioner apply for a variance to reduce the front yard setback to be in-line with the properties to the south. And a parking setback would be required as well. This will create consistent site lines and parking configurations along this section of the access drive into the shopping center area. Ms. Stromberg stated another unique characteristic is that the access to the site is not really on a public right-of-way in a traditional sense. Most pieces of land have access on a public road, and this property receives access through an agreement that was approved are to allow 20 feet of green space adjacent to a public right-of-way, it may be hard to press this for a parcel of land that actually is not on a public right-of-way. Ms. Stromberg stated the petitioner is proposing to construct an 8,700 square feet Dollar Tree on the vacant parcel. She presented a photo of location of the proposed building with the parking out in front of the building and then along the western property line they will see an elevation of the Dollar Tree building. Ms. Stromberg stated variances can be granted if there is a practical difficult that exists, and there are five factors they look at: !Is the variance in harmony with the purpose and intent of the ordinance? o!The intent of the front yard setback is to ensure that there is sufficient room for green space and parking, especially for a property zoned Shopping Center District. The proposed setback reductions of both the building and the parking are consistent with the neighboring properties and does 36 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊЏ ƚŅ ЋЉ provide adequate area for green space, with parking along the west side the new building. !Is the variance consistent with the Comprehensive Plan? o!The 2030 and 2040 Draft Comprehensive Plan guide this property commercial redevelopment; so, the proposed use is consistent with the Plan. !Does the proposal put the property to use in a reasonable manner? o!The proposed development of the property as a commercial entity is considered a reasonable use. The proposed front yard setback and parking setback are reasonable given the neighborhood the property is in and it will create a consistent look along the Shopping Center Drive corridor. !Are there unique circumstances to the property, not created by the landowner? o!Unique circumstances do exist on this property in relation to the zoning that was designated to it and the surrounding properties. It also is unique for parcels of this size to have that zoning designation. !Will the variance, if granted, alter the essential character of the locality? o!This proposed project will not alter the essential character of the locality and will fit well. Ms. Stromberg stated staff recommends approval as practical difficulties do exist and if the variance is granted, the following stipulations should be attached: 1.!The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. including but not limited to landscaping, lighting, and signage plans 2. Design Assistance program to identify energy and cost-saving strategies Commissioner McClellan asked whether the petitioner is going to be the owner-operator of the store? 37 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊА ƚŅ ЋЉ Paul Tucci, 2C Development, replied that he and his son will own the building. They are not the operators though. They will lease it to Dollar Tree, which is a national company with 4,700 stores. Commissioner McClellan asked whether that would be a franchisee or a corporate store? Mr. Tucci replied, a corporate store. Chairperson Kondrick asked Mr. Tucci if he had a chance to look at and understand the stipulations? Mr. Tucci replied, yes, they did. Chairperson Kondrick asked Mr. Tucci if he had any problem with them? Mr. Tucci replied, no and in fact one of the things they did prior to coming before the Commission is the four-sided architecture discussion. They added a couple of features based on a development review with staff. He thinks their elevation reflects changes that were acceptable. One thing about the elevation is, they caught an error, the building height is actually going to be about a foot and a half shorter than it shows. The depth of the joists in there will bring the roof down just a little. No impact, it will look the same. Everything will be in the same proportion, but they did submit a new elevation to staff just a couple of days ago. Chairperson Kondrick stated that sounded reasonable. Vice Chairperson Hansen stated it is hard to tell from the picture what is the setback on the south side. Mr. Tucci replied, 15 feet. They worked with staff, Ms. Stromberg and Mr. Hickock, when trying to place the building on the lot. They shrunk the building a little bit. Their prototype is about 800 feet more than what they presented. They kind of pushed and pulled because, as Ms. Stromberg pointed out, if it were a 35,000 square foot site, they would have had a little bit more elbow room and been able to probably meet most of these setbacks. Vice Chairperson Hansen asked whether there were any concerns about the location of the building and not really having access around the building for fire protection purposes. He assumes it will be sprinkled. Mr. Tucci replied, the building will be sprinkled. The building to the south is also sprinkled and at their development review, the Fire Department weighed in and there is access on 38 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊБ ƚŅ ЋЉ the north side that comes down the side of the building a little bit so a fire truck can get there and the hose pulls from both sides. They can cover the entire building. Motion by Vice Chairperson Hansen to close the public hearing. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:15 P.M. Chairperson Kondrick stated all the ducks are in a row, it will be a worthwhile project for this property, and he is okay with it. Commissioner McClellan stated it is fine. It is dead space, it is a tough spot; and they are thankful somebody thinks it is worthwhile to invest in. Commissioner Buyse stated he agrees. He is very okay with the setback variances changes. It is in step with all the properties surrounding. It would be weird if they did not accept it in this case. MOTION by Vice Chairperson Hansen approving a Variance, VAR #21-02, by 2 C Development, to request 2 variances, (1) to reduce the front yard parking setback and (2) rd to reduce the front yard setback for a building on the vacant lot located at 775 - 53 Avenue. These variances are being requested to allow the construction of a new retail building for a Dollar Tree with the following stipulations: 1.!The petitioner shall meet all requirements set forth by: a. The Building Code b. The Fire Code c. including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d. including but not limited to landscaping, lighting, and signage plans 2. The petitioner is strongly encouraged to participate in Xcel Design Assistance program to identify energy and cost-saving strategies Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 39 Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЊВ ƚŅ ЋЉ Ms. Stromberg stated there is a fifth public hearing that late on Thursday got postponed until the February meeting. For legal purposes she would like the Commission to open that public hearing and continue it to their February 17 Planning Commission meeting. Ms. Stromberg stated it is for Lot Split #21-02 by B&D Matthews Investments. MOTION by Commissioner McClellan to open the public hearing for Lot Split #21-02 by B&D Matthews Investments. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 8:21 P.M. MOTION by Commissioner McClellan to continue the public hearing until the February 17, 2021, Planning Commission meeting. Seconded by Vice Chairperson Hansen. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CONTINUED AT 8:22 P.M. ACCEPTANCE OF MINUTES FROM OTHER COMMISSIONS THROUGH ONE MOTION: Motion to accept the minutes from the following Commission meetings: 1.!September 3, 2020, Housing & Redevelopment Authority Commission 2.!November 5, 2020, Housing & Redevelopment Authority Commission 3.!December 3, 2020, Housing & Redevelopment Authority Commission 4.!October 13, 2020, Environmental Quality & Energy Commission 5.!November 10, 2020, Environmental Quality & Energy Commission 6.!December 8, 2020, Environmental Quality & Energy Commission 7.!August 3, 2020, Parks & Recreation Commission 8.!September 8, 2020, Parks & Recreation Commission 9.!October 5, 2020, Parks & Recreation Commission 10.!November 2, 2020, Parks & Recreation Commission Motion by Vice Chairperson Hansen to accept the minutes. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 3: Jufn!3/ Fridley Planning Commission Meeting January 20, 2021 tğŭĻ ЋЉ ƚŅ ЋЉ OTHER BUSINESS: Ms. Stromberg stated she did not really have an update for them. It has been since September when they met last and on that agenda was the Slumberland plat. Now the footings are in for that building. If anyone has noticed the Holly Center project is really moving forward. Chairperson Kondrick asked, when is the last tenant going to be out of there or have they gone already? Ms. Stromberg were out right after Christmas. They were in the process of relocating to the building north rd of City Hall. Schaaf Floral also stayed in Fridley on 83 and University so they are happy to have them both stay in town. Commissioner McClellan stated he has not seen much dirt moving at the old city hall. Ms. Stromberg replied, soon. They just officially closed on the property, so things should be happening soon. ADJOURN: Motion by Commissioner Buyse to adjourn the meeting. Seconded by Commissioner McClellan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:29 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 41 Jufn!4/ AGENDA REPORT Meeting Date: February 8, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Resolution No. 2021-07 Approving Lot Split LS #21-01 (Ward 3) Background The petitioner, the City of Minneapolis, is requesting a lot split for the property located at 4500 Main Street. The request will split off a 43.55 ft. strip of land along the northern boundary of the property. Once the land has been split from the main parcel, it will be combined with Riverfront Park to the north and will become Anoka County park land. This request perfects a land swap between the City of Minneapolis and Anoka County Parks. Currently nd Anoka County Parks owns three parcels of land south of 42 Avenue that are adjacent to the City of Minneapolis Waterworks campus. The City of Minneapolis would like to acquire those parcels, to add them to their campus and to use them for a campus electrical upgrade. Anoka County Parks has agreed to deed these three parcels to the City of Minneapolis, provided the lot split is approved. These three parcels of land combined are 13,939 sq. ft. in size. The land subdivided from 4500 Marshall Street is 14,281 sq. ft. in size. A Notice of Public Hearing before the Planning Commission was published in the January 8, 2021 edition of the Star Tribune. Financial Impact No financial impact. Recommendation Staff recommend the approval of Resolution No. 2021-07. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places X Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-07 !Staff Report to the Planning Commission Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 42 Jufn!4/ Resolution No. 2021-07 Approving a Lot Split, LS #21-01 Petitioned by the City of Minneapolis, for the Property Located at 4500 Marshall Street N.E. Whereas, the Planning Commission held a public hearing on Lot Split, LS #21-01 on January 20, 2021 and recommended approval; and Whereas, the City Council at their February 8, 2021 meeting approved said Lot Split to subdivide the northern 43.55 feet of the 4500 Marshall Street N.E. parcel, based on new legal descriptions, which read as follows: PARCEL B: The northerly 43.55 feet of the following described property lying west of State Highway No. 1 also known as East River Road: All that part of Government Lot 4, Section 27, Township 30, Range 24 West described as follows: Commencing at a point formed by the intersection of the center line of the old United States Military road so-called, and the line dividing Section 27 and 34, said township and range, which point is 2245.3 feet west of the southeast Section corner of said Section 27; thence northerly along the center line of said old United States Military road on a deflection of 1 degree and 38 minutes east from a line at right angles to the south line of Section 27, a distance of 366.4 feet; thence west parallel with the south line of said Section 27 a distance of 460 feet more or less to the easterly shore of the Mississippi River, thence southerly along the easterly shore of the Mississippi River intersects the south line of said Section 27, thence east along the south line of Section 27 to the point of beginning, Anoka County Minnesota. PARCEL C: All that part of Government Lot 4, Section 27, Township 30 North, Range 24 West described as follows: Commencing at a point formed by the intersection of the center line of the old United States Military road so-called, and the line dividing Section 27 and 34, said township and range, which point is 2245.3 feet west of the southeast Section corner of said Section 27; thence northerly along the center line of said old United States Military road on a deflection of 1 degree and 38 minutes east from a line at right angles to the south line of Section 27, a distance of 366.4 feet; thence west parallel with the south line of said Section 27 a distance of 460 feet more or less to the easterly shore of the Mississippi River, thence southerly along the easterly shore of the Mississippi River intersects the south line of said Section 27, thence 43 Jufn!4/ east along the south line of Section 27 to the point of beginning, Anoka County Minnesota. EXCEPT: The northerly 43.55 feet lying west of State Highway No. 1 also known as East River Road. Whereas, the Certificate of Survey with the new legal descriptions is attached as Exhibit A; and Now, therefore be it resolved, that the City Council of the City of Fridley that Lot Split, LS #21- 01 is hereby adopted and will be recorded at the Anoka County within one-hundred eighty (180) days or said approval shall become null and void. th Passed and adopted by the City Council of the City of Fridley this 8 day of February, 2021. ______________________________ Scott J. Lund Mayor ATTEST: _________________________________ Daniel Tienter City Clerk 44 Jufn!4/ 45 Jufn!4/ City of Fridley Land Use Application LS #21-01 January 20, 2021 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT City of Minneapolis Matthew Rasmussen with the City of Matthew Rasmussen Minneapolis is requesting a lot split be 4300 Marshall Street NE approved, to split off a 43.55 ft. strip of land, Fridley, MN 55304 along the northern boundary of the parcel generally located at 4500 Marshall Street. That Requested Action: strip of land will then be combined with Lot Split Riverfront Park to the north. Existing Zoning: SUMMARY OF ANALYSIS P, Public Facilities City Staff recommends approval of this lot split Location: request. 4500 Marshall Street NE Size: 153,766 sq. ft. 3.53 acres Existing Land Use: Minneapolis Water Works Surrounding Land Use & Zoning: N: Riverfront Park & P E: ERR & ROW S: Mpls Waterworks & P W: Mississippi River Comprehensive Plan Conformance: Future Land Use Map designation is Utility and Park Zoning Ordinance Conformance: Section 205.designate a minimum lot size Building/Zoning History: !1941 . !Most northern parcel, no building, used for storage Legal Description of Property: Aerial of Property to be Split See attached certificate of survey City Council Action/60 Day Action Date Public Utilities: City Council February 8, 2021 Utilities available to the north, south and 60-Day Date February 15, 2021 in the street Staff Report Prepared by Stacy Stromberg Transportation: The property is accessed from Marshall Street which is an internal street within the Minneapolis Waterworks campus Physical Characteristics: Vacant lot, being used for storage 46 Jufn!4/ Land Use Application Lot SplitRequest#21-01 Analysis The petitioner, Matthew Rasmussen with the City of Minneapolis is requesting a lot split for the property located at 4500 Marshall Street. The request is being asked to split a 43.55 ft. strip of land along the northern boundary of the property. Once the land has been split from the main parcel, it will be combined with Riverfront Park to the north and will be become park land. This request will help facilitate a land swap between the City of Minneapolis and Anoka County Parks. Currently Anoka County Parks owns three parcels of land nd south of 42 Avenue that are adjacent to the City of Minneapolis Waterworks campus. The City of Minneapolis would like to acquire those parcels, to add them to their campus and to use them for a campus electrical upgrade. Anoka County Parks has agreed to deed these 3 parcels to the City of Minneapolis, provided the lot split is approved. These 3 parcels of land combined are 13,939 sq. ft. in size. The land subdivided from 4500 Marshall Street is 14,281 sq. ft. in size. Approving this lot split request is a simple way for the City of Minneapolis and Anoka County Parks to swap land that can be then used to benefit each entity. Staff Recommendation City Staff recommends approval of this lot split request. 47 Jufn!5/ AGENDA REPORT Meeting Date: February 8, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Resolution No. 2021-08 Approving Special Use Permit, SP #21-01 Petitioned by Schmit Towing (Ward 3) Background The petitioner, Joe Buck of Schmit Towing, is requesting a special use permit to allow outdoor storage of impounded vehicles on the lot across the street from the Schmit Towing business, which is located rd at 92 43 Avenue. The lot to be used for outdoor storage is owned by Burlington Northern Santa Fe th (BNSF) and is addressed as 80 44 Avenue. The petitioner has entered into a lease agreement with BNSF to allow outdoor storage in the southwest triangular corner of the BNSF site. City code allows limited outdoor storage in the industrial districts with a special use permit that is up square feet, so City code would allow up to 25,279 square feet of outdoor storage on this property. The proposed outdoor storage area will be 25,279 square feet in size, meeting the code requirement. A Notice of Public Hearing before the Planning Commission was published in the January 8, 2021 edition of the Star Tribune. The Planning Commission held a public hearing for SP #21-01 at their January 20, 2021 meeting. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #21-01, with the stipulations as presented by staff. The motion carried unanimously. Financial Impact No financial impact. Recommendation Staff recommend the approval of Resolution No. 2021-08. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 48 Jufn!5/ Attachments and Other Resources !Resolution No. 2021-08 !Staff Report to the Planning Commission Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 49 Jufn!5/ Resolution No. 2021-08 Approving Special Use Permit, SP #21-01 to allow Limited Outdoor Storage for Schmit th Towing on a Parcel Owned by Burlington Northern Santa Fe located at 80 44 Avenue N.E. Whereas, Section 205.18.01.C.12 of the City Code allows limited outdoor storage in an M-2, Heavy Industrial zoning district by a Special Use Permit if certain conditions can be met; and Whereas, on January 20, 2021, the Planning Commission held a public hearing to consider a th request by Schmit Towing for the property located at 80 44 Avenue N.E., legally described in Exhibit A, for Special Use Permit, SP #21-01 to allow limited outdoor storage; and Whereas, at the January 20, 2021 meeting, the Planning Commission unanimously recommended approval of Special Use Permit, SP #21-01; and Whereas, on February 8, 2021, the Fridley City Council approved the stipulations represented in Exhibit B to this resolution as the conditions approved by the City Council on Special Use Permit, SP #21-01; and Whereas, the petitioner, Schmit Towing was presented with Exhibit B, the conditions for SP #21- 01 at the February 8, 2021 City Council meeting; and Whereas, on February 8, 2021, the City Council approved the outdoor storage location as represented in Exhibit C to this resolution, as the only location where outdoor storage can occur on the subject property; and Whereas, Section 205.05.5.G of the 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, that the City Council of the City of Fridley hereby approves Special Use Permit, SP #21-01, the stipulations represented in Exhibit B, and the outdoor storage location depicted in Exhibit C are hereby adopted by the City Council of the City of Fridley. th Passed and adopted by the City Council of the City of Fridley this 8 day of February 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 4: Jufn!5/ Exhibit A th Legal Description for 80 44 Avenue N.E. The Operating Property of Burlington Northern R/R St. Paul to Staples Line Located in Fridley SD 13 CFH South Six Cities WS 51 Jufn!5/ Exhibit B Stipulations 1.!The outdoor storage area shall be limited to the area outlined in the plan submitted by Schmit Towing dated 12/18/2020. 2.!The petitioner shall obtain a land alteration permit prior to any work commencing for the outdoor storage area. 3.!Access drive aisles within impounded vehicle lot shall remain clear to allow for Fire access. 4.!Storage of towed vehicles is only allowed within the approved outdoor storage area and Schmit Towing property, storage of towed vehicles within the public right-of-way is not allowed. 5.!Vehicles stored in the outdoor storage area shall be in working condition and not leaking any fluids. 52 Jufn!5/ 53 Jufn!5/ City of Fridley Land Use Application SP #21-01January 20, 2021 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Summary of Request: Schmit Towing, Inc. - Joe Buck The petitioner, Joe Buck of Schmit Towing is rd 92 43 Avenue NE requesting a special use permit to allow Fridley, MN 55421 outdoor storage of impounded vehicles on the lot across the street from the Schmit Towing Requested Action: rd business which is located at 92 43 Avenue. Special Use Permit for limited outdoor The lot to be used for outdoor storage is owned storage by Burlington Northern Santa Fe and is Location: rd th addressed as 80 43 Avenue. 80 44 Avenue NE Staff Recommendation: Existing Zoning: City Staff recommends approval of this special M-2 (Heavy Industrial) use permit. Size: Limited outdoor storage is a permitted special 226,816 sq. ft. 5.2 acres use in the M-2, Heavy Industrial zoning district, Existing Land Use: provided specific code requirements are met, Industrial subject to stipulations. Surrounding Land Use & Zoning: th N: 44 Avenue & ROW E: Residential & Columbia Heights S: Schmit Towing/Acne Metal Spinning & M-1 W: Railroad property & M-2 Comprehensive Plan Conformance: Future Land Use Map designates this property as Industrial Zoning Ordinance Conformance: Section 205.18.1.C.(12) requires a special use permit be issued to allow limited outdoor storage Building and Zoning History: Aud. Sub. No. 39 recorded in 1939. 1965 Existing building constructed. 1968 Building addition. Subject Property Legal Description of Property: CITY COUNCIL ACTION/60 DAY ACTION DATE The operating property of Burlington City Council February 8, 2021 Northern R/R St. Paul to Staples Line 60 Day Date February 15, 2021 located in Fridley Staff Report Prepared by Stacy Stromberg Public Utilities: Building is connected Transportation: rd The property receives access from 43 Avenue Physical Characteristics: Building, parking, fenced in area, and landscaped areas. 54 Jufn!5/ Land Use Application Special Use Permit#21-01 The Request The petitioner, Joe Buck of Schmit Towing is requesting a special use permit to allow outdoor storage of impounded vehicles on the lot across the street from the Schmit Towing business rd which is located at 92 43 Avenue. The lot to be used for outdoor storage is owned by th Burlington Northern Santa Fe (BNSF) and is addressed as 80 44 Avenue. The petitioner has entered into a lease agreement with BNSF to allow outdoor storage in the southwest triangular corner of the BNSF site. Site Description and History The subject property is located on the southwest corner of th Main Street and 44 Avenue. The properties to the north and west are zoned M-2, Heavy Industrial. The properties to the south are zoned M-1, Light Industrial and there are single-family homes located to the east in Columbia Heights. The existing building was constructed iOver the years the triangular piece of property involved in this request has been used for parking and outdoor storage. BNSF that they were using this area for outdoor storage, without a special use permit. Staff then worked with BNSF to either obtain a special use permit or remove the outdoor storage. In the end, they decided to remove the outdoor storage. Shortly after the area was cleaned up, staff received a call from Schmit Towing asking if they could use that area to store impounded vehicles. Staff advised Schmit to work with BNSF to see if they were agreeable to that, and also talked them through the special use permit process. The petitioner has since been able to work out a lease agreement with BNSF, which has resulted in this application. 55 Jufn!5/ Code Requirements City code allows limited outdoor storage in the industrial districts with a special use permit that is up to 50% of the footprint. The existing BNSF building is approximately 50,558 sq. ft., so City code would allow up to 25,279 sq. ft. of outdoor storage on this property. The triangular portion of the property is 29,911 sq. ft. To use this area for outdoor storage, the code requires that the area be paved and curbed, which then triggers storm water requirements to be met. As a result, the petitioner plans to have a rain garden installed on the north side of the outdoor storage area. The remainder of the area will be used to store the impounded vehicles, which is 25,279 sq. ft., therefore complying with the code requirements for size of an outdoor storage area. The existing area is already fenced in and has a gate to access it on the south side. Along with the installation of the new paved parking area, curb, and rain garden, the perimeter will also need to be landscaped, which the petitioner is aware of and has planned for. Staff Recommendation City Staff recommends approval of this special use permit. Limited outdoor storage is a permitted special use in the M-2, Heavy Industrial zoning district, provided specific code requirements are met, subject to stipulations. Stipulations Staff recommends that if the special use permit is granted, the following stipulations be attached. 1.!The outdoor storage area shall be limited to the area outlined in the plan submitted by Schmit Towing dated 12/18/2020. 2.!The petitioner shall obtain a land alteration permit prior to any work commencing for the outdoor storage area. 3.!Access drive aisles within impounded vehicle lot shall remain clear to allow for Fire access. 56 Jufn!5/ 4.!Storage of towed vehicles is only allowed within the approved outdoor storage area and Schmit Towing property, storage of towed vehicles within the public right-of-way is not allowed. 5.!Vehicles stored in the outdoor storage area shall be in working condition and not leaking any fluids. 57 Jufn!6/ AGENDA REPORT Meeting Date: February 8, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Resolution No. 2021-09 Approving Variance, VAR #21-01 Petitioned by Calichi Group (Ward 1) Background The petitioner, Brian Emrich with Calichi Design Group is requesting a variance to reduce the front yard hard surface setback from 20 feet to two feet for the property located at 5400 Central Avenue. If the variance is granted it will help with the construction of a new Bank of America building. The existing parking lot is as close as .78 feet from the property line, so the location of the new parking area will slightly improve the existing conditions on the property. Variances may only be granted if practical difficulties exist on the property. The practical difficulties that exist on this property are: 1. Access easement limits the location for ingress and egress to the property; and 2. Steep slopes along the northern and western property lines impact the location of the building. Staff added to stipulation 1. d. to require the proposed bank building to have 4-sided architecture. It and Caribou Coffee/Pancheros building at Fridley Market and the new retail building in the Slumberland parking lot. The petitioner has since submitted new building elevations showing a mix of materials, an awning, and windows on the west elevation, which achieves the 4-sided architecture standard staff was hoping to see. The elevation is attached for review. The Planning Commission held a public hearing for VAR #21-01 at their January 20, 2021 meeting. After a brief discussion, the Planning Commission recommended approval of VAR #21-01, with the stipulations modified and presented by staff. The motion carried unanimously. Financial Impact No financial impact. Recommendation Staff recommend the approval of Resolution No. 2021-09. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 58 Jufn!6/ Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-09 !Staff Report to the Planning Commission !Building Elevations !Site Plan Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 59 Jufn!6/ Resolution No. 2021-09 Approving a Variance, VAR #21-01 to Reduce the Front Yard Hard Surface Setback for the Property Located at 5400 Central Avenue, Petitioned by Calichi Group Whereas, on December 18, 2020, an application for a Variance was submitted for the property located at 5400 Central Avenue N.E., legally described in Exhibit A; and Whereas, Section 205.14.5.D.(5).((a)) of the City Code requires all parking and hard surface areas be 20 feet from the property line; and Whereas, Section 205.05.06 of the 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 #21-01 submitted by Calichi Group for the property at 5400 Central Avenue N.E., request a variance to reduce the parking and hard surface setback requirement to 2 feet, instead of the code required 20 feet; and Whereas, on January 20, 2021, the Planning Commission held a public hearing to consider variance request, VAR #21-01; and Whereas, a practical difficulty or uniqueness was found to exist based on the following findings: A. Is the variance in harmony with the purpose and intent of the ordinance? The intent of the front yard hard surface setback is to ensure that there is sufficient room for green space and separation between the right-of-way and parking lot. The proposed setback reduction is consistent with the neighboring properties and will only be a slight change from what is on the site today. Redevelopment of the otherwise be provided. B. Is the variance consistent with the Comprehensive Plan? The 2030 and 2040 Draft Comprehensive Plan guide this property for commercial redevelopment: so consistent with the Plan. C. Does the proposal put the property to use in a reasonable manner? The proposed redevelopment of the property as a commercial entity is considered a reasonable use. The proposed setback reduction is reasonable given that access to the property is limited. D. Are there unique circumstances to the property, not created by the landowner? Unique circumstances do exist on this property. Site access limited through an easement agreement with the property to the south and the City, which limits the location of how the site is entered and exited from. Steep slopes on the north and 5: Jufn!6/ west sides of the property also create a unique circumstance, limiting the building area footprint. E. Will the variance, if granted, alter the essential character of the locality? This proposed redevelopment project will not alter the essential character of the locality and will continue to create a consisted look along this section of Central Avenue with a parking setback of 1.5-2 ft. Whereas, at the January 20, 2021 meeting, the Planning Commission unanimously recommended approval of the Variance, VAR #21-01 based on the above findings of fact; and Whereas, on February 8, 2021 the Fridley City Council approved the stipulations presented in Exhibit B as the conditions approved by the City Council of the Variance, VAR #21-01. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Variance, VAR 21-01 to reduce the front yard hard surface setback for the property located at 5400 Central Avenue N.E. and the stipulations represented in Exhibit B are hereby adopted and approved based on the above findings of fact. th Passed and adopted by the City Council of the City of Fridley this 8 day of February, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 61 Jufn!6/ Exhibit A Legal Description for 5400 Central Avenue N.E. A tract of land beginning at the point of intersection of the north line of the south 20.00 feet of 65; thence northerly along said west right of way line a distance of 162.00 feet, thence westerly at a right angle to said right of way line a distance of 195.00 feet; thence southerly at a right angle a Subdivision No. 155; thence easterly along said northerly line of said southerly 20.00 feet of said 62 Jufn!6/ Exhibit B Stipulations 1.!The petitioner shall meet all requirements set forth by: a.!The Building Code b.!The Fire Code c.! including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d.! including but not limited to landscaping, lighting, signage plans, and 4-sided architecture. 2.! Assistance program in order to identify energy and cost-saving strategies. 63 Jufn!6/ City of Fridley Land Use Application VAR#21-01January 20, 2021 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Summary of Request Calichi Design Group The petitioner, Brian Emrich, with Calichi Design Brian Emrich Group is requesting a variance to reduce the 4322 N Lincoln Ave., Suite A front yard hard surface setback from 20 ft. to 2 Chicago, MN 60618 ft. This variance is being requested to reduce the parking setback requirement which will Requested Action: allow the redevelopment of the existing Variance to reduce the front yard hard property at 5400 Central Avenue, with the surface setback construction of a new Bank of America. Location: Summary of Practical Difficulties 5400 Central Avenue The new Existing Zoning: C-2, General Business triggers the redevelopment to meet the new Size: and current standards of the C-2, General 31,432 sq. ft. .72 acres Existing Land Use: when the site was originally development in the Vacant lots early 19 see narrative attached Surrounding Land Use & Zoning: Staff Recommendation: N: Pawn America & C-3 City Staff recommends approval of the variance, E: Central Ave & ROW with stipulations. S: Multi-tenant Bldg & C-2 W: Commercial lot & C-3 Comprehensive Plan Conformance: Designated as Redevelopment Zoning Ordinance Conformance: Section 205.14.5.D.(5).((a)) requires all parking and hard surface areas be 20 ft. from the property line. Building and Zoning History: 1953 1956 Restaurant constructed 1959 Building addition 1965 Building permit issued Legal Description of Property: See attached Engineered Site Plan Subject Property Public Utilities: City Council Action/60 Day Action Date Current building is connected, additional City Council February 8, 2021 utility work will need to be done 60 Day Date February 15, 2021 Transportation: Staff Report Prepared by Stacy Stromberg Property is accessed from the Central Avenue Service Drive and through an access easement Physical Characteristics: Embers building and parking lot 64 Jufn!6/ Land Use Application Variance Request#21-01 The Request The petitioner, Brian Emrich with Calichi Design Group is requesting a variance to reduce the front yard hard surface setback from 20 ft. to 2 ft. for the property located at 5400 Central Avenue This variance is being requested to reduce the front parking setback which will allow the building. The existing parking lot is as close as .78 ft. from the property line, so the location of the new parking area will slightly improve the existing conditions on the property. Summary of Practical Difficulties provided by the Petitioner: We offer the following site- specific practical difficulties: 1. the location of the access easement dictates where the project must locate the drive aisles 2. proposed parking setback will be an extension of the parking on the property to the south 3. parking on the west/north side of the property is not advised due to steep grades and retaining wall see full summary attached. Site Description and History rd The subject property is located on the northwest corner of Central Avenue and 53 Avenue, on the southern edge of the City. A restaurant use has existed on the property since the property was developed in 1956. In 2015, when the property to the south was going through the redevelopment process, staff advised the petitioner and property owners to ask for a rezoning from C-3, General Shopping to C-2, General Business for both the properties at 5300 and 5400 Central Avenue. A rezoning would make the lots conforming to lot size requirements and would further help with redevelopment. As a result, a rezoning was approved in 2015 when the property to the south was redeveloped from a gas station use to the existing multi-tenant retail building. Of note, in 1981 the State of Minnesota filed a quit claim deed to the City of Fridley for the 80 ft. piece of right-of-way to the south of this property that serves as an access point. The State determined that they no longer needed the right-of-way, so 65 Jufn!6/ During the redevelopment and rezoning process of 5300 Central Avenue, an access, parking and landscape agreement was entered into between the City and the owners of 5300 Central Avenue to allow the site to exist as it is today. The subject property is accessed through that agreement with the City and a private access agreement with the 5300 Central Avenue owner. Proposed Project and Code Requirements Launch Properties, a local real estate developer who was also involved in the redevelopment of 5300 Central Avenue 80 and is joint petitioner on this request is proposing to purchase the subject property and demolish the existing . They will then construct a 4,136 sq. ft. single story bank building with a drive- up ATM island and canopy. The new building will be constructed roughly in the same location as the existing building. The property was developed in 1956 with the construction of the restaurant building. At that time, the code required a 35 ft. front yard setback for the building, however the code was silent when it came to a hard surface setback. The existing parking lot is as close as .78 ft. from the property line at certain points. City code requires a 20 ft. front yard setback for hard surface parking areas. The petitioner is seeking a variance to reduce that requirement to 2 ft. 66 Jufn!6/ Redevelopment of this site will include demolition of the existing building and parking lot. In addition to the construction of the new building, new curb, gutter, parking areas, improved storm water mitigation and landscaping will be part of this project. The petitioner notes these benefits to the site as a result of the redevelopment: !Dramatically reduces parking by 63% from 56 spaces to only 21 spaces !Removes 5 of the current parking spaces on the Central Avenue side from 14 spaces to 9 spaces !More t the entire site will be pervious; not only beautifying the site, but considerably reducing runoff rate. !Decreases impervious area by 24% from 29,293 sq. ft. to 22,565 sq. ft. !Increases the landscape setbacks from the properties to the west and south to over 20 ft. This also has the added benefit of keeping away from steep slopes and retaining wall on adjacent properties. !jacent to the Starbucks drive-thru entrance offering relief from future vehicle conflicts. !Reduces the number of daily trips to the site. !Provides the opportunity for a minimum of 7 jobs. !Provides a new, code complaint, energy efficient building. Practical Difficulties 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 front yard hard surface setback is to ensure that there is sufficient room for green space and separation between the right-of-way and parking lot. The proposed setback reduction is consistent with the neighboring properties and will only be a slight change from what is on the site today. Redevelopment of the site allows for additional green area and storm water !Is the variance consistent with the Comprehensive Plan? o!The 2030 and 2040 Draft Comprehensive Plan guide this property for commercial redevelopment: so consistent with the Plan. !Does the proposal put the property to use in a reasonable manner? o!The proposed redevelopment of the property as a commercial entity is considered a reasonable use. The proposed setback reduction is reasonable given that access to the property is limited. !Are there unique circumstances to the property, not created by the landowner? o!Unique circumstances do exist on this property. Site access limited through an easement agreement with the property to the south and the City, which limits the location of how the site is entered and exited from. Steep slopes on the 67 Jufn!6/ north and west sides of the property also create a unique circumstance, limiting the building area footprint. !Will the variance, if granted, alter the essential character of the locality? o!This proposed redevelopment project will not alter the essential character of the locality and will continue to create a consisted look along this section of Central Avenue with a parking setback of 1.5-2 ft. Staff Recommendation City Staff recommends approval of this variance request. !Practical difficulties exist access easement limits the location for ingress and egress to the property and steep slopes along the northern and western property lines impact the location of the building Stipulations 1.!The petitioner shall meet all requirements set forth by: a.!The Building Code b.!The Fire Code c.! including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d.! including but not limited to landscaping, lighting, signage plans, and 4-sided architecture. 2.! Assistance program in order to identify energy and cost-saving strategies. 68 Jufn!6/ LEGEND PROPOSEDEXISTING BAC FRIDLEY MN 5400 CENTRAL AVENUE NE FRIDLEY, MN 55421 SITE PLAN KEY NOTES LEGAL DESCRIPTION: 2VARIANCE APPLICATION12.18.2020 1ISSUED FOR CLIENT REVIEW11.06.2020 DeltaIssueDateDescription GENERAL NOTES: SHEET INDEXENGINEER'S ADA NOTES: CHARLOTTE CaliChi Design 615 S. COLLEGE ST. SUITE 725 Group CHARLOTTE, NC 28202 TEL 704-908-1540 SITE INFORMATION: SITE CALICHI DESIGN GROUP CIVIL ENGINEERS 4322 N. Lincoln Ave., Suite A Chicago, IL 60618 attn: Austin Hahn SURVEY NOTES: (312) 940-4393 MRJ/BBEAJH DrawnCheckOwner Approval As indicated 47BACX.0961.000 Job No.Scale VICINITY MAP 800-252-1166 EASEMENTS TABLE ENGINEER'S NOTE TO CONTRACTOR: ENGINEERED SITE UTILITY LOCATION NOTE: PLAN Title C1.0 Sheet 69 DIBSMPUUF 726!T/!DPMMFHF!TU/!!TVJUF!836 DIBSMPUUF-!OD!!39313 UFM!815.:19.2651 Jufn!6/ 6: DIBSMPUUF 726!T/!DPMMFHF!TU/!!TVJUF!836 DIBSMPUUF-!OD!!39313 UFM!815.:19.2651 Jufn!6/ 71 BEFORE AND AFTER VIEWS DIBSMPUUF 726!T/!DPMMFHF!TU/!!TVJUF!836 DIBSMPUUF-!OD!!39313 UFM!815.:19.2651 Jufn!6/ 72 Jufn!7/ AGENDA REPORT Meeting Date: February 8, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Resolution No. 2021-10 Approving Variance, VAR #21-02 Petitioned by 2C Development (Ward 1) Background rd Paul Tucci of 2C Development has request two variances for the property at 775 53 Avenue N.E. These requests include: a reduced front building setback from 80 feet to 71 feet and a reduced parking setback from 20 feet to two feet. Variances may only be granted if practical difficulties exist on the property. The practical difficulties that exist on this property are: 1. Unique zoning designation for lot size; 2. Lot platted with lot size deficiency; and -of-way, but instead through an access easement. The Planning Commission held a public hearing for VAR #21-02 at their January 20, 2021 meeting. After a brief discussion, the Planning Commission recommended approval of Variance, VAR #21-02, with the stipulations presented by staff. The motion carried unanimously. Financial Impact No financial impact. Recommendation Staff recommends the approval of Resolution No. 2021-10. Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-10 !Staff Report to the Planning Commission !Building Elevations !Site Plan Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 73 Jufn!7/ Resolution No. 2021-10 Approving a Variance, VAR #21-02 to Reduce the Front Yard Setback and the Front Yard rd Hard Surface Setback for the Property Located at 775 53 Avenue N.E., Owned by Rixmann Central Avenue II LLC and Petitioned by 2C Development Whereas, on December 18, 2020, an application for a Variance was submitted for the property rd located at 775 53 Avenue N.E., legally described in Exhibit A; and Whereas, Section 205.15.3.C.(1) of the City Code requires a building front yard setback of 80 feet from the property line; and Whereas, Section 205.15.5.D.(5).((a)) of the City Code requires all parking and hard surface areas be 20 feet from the property line; and Whereas, Section 205.05.06 of the 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 #21-02 submitted by 2C Development for the property at 775 rd 53 Avenue N.E., requests a variance to reduce the front yard setback from 80 feet to 71 feet, and a variance to reduce the parking and hard surface setback requirement to two feet, instead of the code required 20 feet; and Whereas, on January 20, 2021, the Planning Commission held a public hearing to consider variance request, VAR #21-02; and Whereas, a practical difficulty or uniqueness was found to exist based on the following findings: A. Is the variance in harmony with the purpose and intent of the ordinance? The intent of the front yard setback is to ensure that there is sufficient room for green space and parking, especially for a property zoned Shopping Center District. The proposed setback reductions of both the building and the parking are consistent with the neighboring properties and does provide adequate area for green space, with parking along the west side the new building. B. Is the variance consistent with the Comprehensive Plan? The 2030 and 2040 Draft Comprehensive Plan guide this property for commercial redevelopment: so consistent with the Plan. C. Does the proposal put the property to use in a reasonable manner? The proposed development of the property as a commercial entity is considered a reasonable use. The proposed front yard setback and parking setback are reasonable given the neighborhood the property is in and it will create a consistent look along the Shopping Center Drive corridor. 74 Jufn!7/ D. Are there unique circumstances to the property, not created by the landowner? Unique circumstances do exist on this property in relation to the zoning that was designated to it and the surrounding properties. It also is unique for parcels of this size to have that zoning designation. E. Will the variance, if granted, alter the essential character of the locality? This proposed project will not alter the essential character of the locality and will fit in well. Whereas, at the January 20, 2021 meeting, the Planning Commission unanimously recommended approval of the Variance, VAR #21-02 based on the above findings of fact; and Whereas, on February 8, 2021 the Fridley City Council approved the stipulations presented in Exhibit B as the conditions approved by the City Council of Variance, VAR #21-02. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Variance, VAR #21-02 to reduce the front yard setback and the front yard hard surface setback rd for the property located at 775 53 Avenue N.E. and the stipulations represented in Exhibit B are hereby adopted and approved based on the above findings of fact. th Passed and adopted by the City Council of the City of Fridley this 8 day of February, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 75 Jufn!7/ Exhibit A rd Legal Description for 775 53 Avenue N.E. Lot Two (2), Block One (1), Target Addition, according to the recorded plat thereof, Anoka County, Minnesota. Together with the benefits of attachments contained in Easement Agreement dated October 12, 1977, Filed October 13, 1977 as Document No. 480528 76 Jufn!7/ Exhibit B Stipulations 1.!The petitioner shall meet all requirements set forth by: a.!The Building Code b.!The Fire Code c.! including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d.! including but not limited to landscaping, lighting, and signage plans 2.! Assistance program to identify energy and cost-saving strategies 77 Jufn!7/ City of Fridley Land Use Application VAR#21-02January 19, 2021 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Summary of Request Paul Tucci Paul Tucci, 2C Development has requested two rd 2C Development variances for the property at 775 53 Avenue 11895 Technology Drive, Suite 110 NE. These requests include: a reduced front Eden Prairie, MN 55344 building setback from 80 ft to 71 ft and a reduced parking setback from 20 ft to 2 ft. Requested Action: Summary of Practical Difficulties Variance to reduce the front yard The parcel was created in 1977 as part of the (Parking) setback Target Plat and lacks the minimum lot size, but Location: rd as Code allows, Council approved a lot that was 775 53 Avenue NE 5,815 sf smaller than a typical C-3 lot and it Existing Zoning: does not front on a public right-of way, but C-3, General Shopping rather a common shopping center drive. Size: see narrative attached 29,185 sq. ft. .67 acres Staff Recommendation: Existing Land Use: City Staff recommends approval of the variance, Vacant lot with stipulations. Surrounding Land Use & Zoning: Practical difficulties exist including unique N: Pawn America & C-3 access, appropriateness of zoning designation E: Embers Restaurant & C-2 and lot size S: Hyderabad Restaurant & C-3 W: Petco & Target & C-3 Comprehensive Plan Conformance: Consistent with the Plan Zoning Ordinance Conformance: Section 205.15.3.C.(1), requires a front yard setback of 80 ft.; Section 205.15.5.D.(5)(a), requires the hard surface of 20 ft from any street right-of- way Building and Zoning History: 1953 1977 Parts of Auditors Subdivision No. 155 (Lot 10, and parts of Lots 11 and 12) were re-platted as Target Addition Lot developed as self-serve car wash Subject Property Legal Description of Property: City Council Action/60 Day Action Date See attached land survey City Council February 8, 2021 Public Utilities: 60 Day Date February 15, 2021 Property will require connection Staff Report Prepared by Scott Hickok Transportation: Access by a private driveway easement Physical Characteristics: Vacant land 78 Jufn!7/ Land Use Application Variance Request#21-02 The Request rd Paul Tucci, 2C Development has requested two variances for the property at 775 53 Avenue NE. These requests include: a reduced front building setback from 80 ft to 71 ft and a reduced parking setback from 20 ft to 2 ft. Summary of Practical Difficulties provided by the Petitioner: The request for a variance is related to the setback along the west side of the site for hard surface. This lot takes access from a common access agreement within the entire Target development and not directly from a public Right-of-Way. The parking facilities and hard surface are required to be set back a minimum of 20 feet. This plan has them only 1-2 feet off the property line. However, there is another 15 feet plus of green space that exists within the common access area that will remain greenspace. As a point of reference only, this lot takes access from a common access agreement within the entire Target development and not directly from a public Right-of-Way. City Code requires building to be setback 80 feet from a R-0-W. This building is set back approximately 71 feet from the property line. The building could be setback further, but then a variance would be required in the rear setback area that is currently 40 feet. However, since this is not a ROW, this does not apply. The entire site plan and the related variance have been discussed with staff at a Development Review meeting. The resulting site plan comes from that review and continued discussions and support from staff for the site plan and requested variances. Paul Tucci, 2C Development Site Description and History rd The property is located on the East side of the Target access drive, north of 53 Avenue. It is zoned C-3, General Shopping as are all surrounding properties to the North and West. The property was riginally developed in 1977 with the construction of a self-serve car wash, which was permitted by right at that time. The car wash was demolished in 1998. The vacant parcel was purchased by Brad Rixman, who was a principal in the Pawn America business that is adjacent to the north. 79 Jufn!7/ Variance Description and Code Requirements The petitioner would like to redevelop the site by constructing a Dollar Tree Retail Store. City code requires an 80 ft. front yard setback in the C-3, General Shopping zoning district. The petitioner is seeking a variance to reduce the front yard setback requirement from 80 ft. to 71 ft. The C-3, General Shopping zoning and the 80 ft. setback requirement provides a challenge for development of the subject property. In 1969, the zoning code was amended and required an 80 ft. front yard setback. As is often the case, Target developed its property and platted the area around it and then controlled the neighborhood and specifically neighbors through the process. The Pop Shoppe was a known interest for a portion of the plat when Target re-platted i parcels into Target Addition. The Pop Shoppe produced, bottled, and sold its own products and remained on this site for more than 10 years. After the Pop Shoppe sold the site, various other retail users occupied the site north of the subject parcel. Its largest retail entity within is Pawn America currently. It is unclear to current Planning staff why the City Council in 1977 allowed the subject parcel and an adjacent restaurant (formerly PayLess Shoes) site to be platted in the sub-standard size configuration that they had been. The presumption is that Target knew exactly the land area it needed to preserve for the Target Store and its attached Pet Product Retailer. They also knew what land area the Pop Shoppe was indicating it would need for its building and parking. This left two smaller parcels of land that though smaller than the 35,000 sf normally required in this district, Council could through provisions in the Subdivision Ordinance, approve a plat and essentially grant a variance through the process to the parcel size requirement by approving a smaller than standard parcels. That appears most likely to be the case here. Minutes from meetings at this time did not focus on the size or provide clues beyond what we have surmised. The C-2, General Business zoning designation is a better fit for this parcel and the restaurant south of the subject parcel. The lot size requirement there would only be 20,000 sf, rather than 35,000 sf. A rezoning is a much larger process that ideally would involve other property owners 7: Jufn!7/ value in the rezoning. As a result, current staff recommended the petitioner apply for a variance to reduce the front yard setback to be in-line with the properties to the south. And a parking setback would be required as well. This will create consistent site lines and parking configurations along this section of the access drive into the shopping center area. One other unique characteristic is that the access drive is not a public right-of-way in the traditional sense. It is an access arrangement through an access agreement and arrangement approved at the time of the 1977 Target Addition Plat. As is evident even in the statement, when setbacks for parking are to allow 20 of greenspace adjacent to a public right- of-way, it may be hard to press for it in a non-right-of way situation. In this case all that have reviewed believe the intent of the green space requirement is being met by what is proposed. Engineering Comments The proposed Dollar Tree store on the former car wash site has been discussed by Engineering and Public Works staff. There are several challenges with utility availability, but staff understands the developer is working on shared services with the neighboring properties that will be acceptable. The shared services will require agreements with the adjoining owners to be in place prior to the start of the work. The Site is under one acre and does not require watershed approval but will need to meet City stormwater requirements for peak discharge, erosion control, and general stormwater treatment. The parcel is land-locked and should verify cross access agreements with Target. Practical Difficulties 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 front yard setback is to ensure that there is sufficient room for green space and parking, especially for a property zoned Shopping Center District. The proposed setback reductions of both the building and the parking are consistent with the neighboring properties and does provide adequate area for green space, with parking along the west side the new building. !Is the variance consistent with the Comprehensive Plan? o!The 2030 and 2040 Draft Comprehensive Plan guide this property commercial redevelopment; so, the proposed use is consistent with the Plan. !Does the proposal put the property to use in a reasonable manner? o!The proposed development of the property as a commercial entity is considered a reasonable use. The proposed front yard setback and parking setback are reasonable given the neighborhood the property is in and it will create a consistent look along the Shopping Center Drive corridor. 81 Jufn!7/ !Are there unique circumstances to the property, not created by the landowner? o!Unique circumstances do exist on this property in relation to the zoning that was designated to it and the surrounding properties. It also is unique for parcels of this size to have that zoning designation. !Will the variance, if granted, alter the essential character of the locality? o!This proposed project will not alter the essential character of the locality and will fit in well. Staff Recommendation City Staff recommends approval of both the building setback variance from 80 ft to 71 ft and the parking setback variance from 20 ft to 2 ft. !Practical difficulties exist unique zoning designation, lot size, and the lack of a true public right-of-way in this instance. Stipulations 1.!The petitioner shall meet all requirements set forth by: a.!The Building Code b.!The Fire Code c.! including but not limited to grading, drainage, utilities plans, storm pond maintenance agreement, and utility connection fees d.! including but not limited to landscaping, lighting, and signage plans 2.! Assistance program to identify energy and cost-saving strategies 82 Jufn!7/ 83 Jufn!7/ 84 Jufn!7/ 85 Jufn!7/ 86 Jufn!8/ AGENDA REPORT Meeting Date: February 8, 2021 Meeting Type: City Council Submitted By: Paul Bolin, HRA Assistant Executive Director Title Resolution No. 2021-12 to Request Approval of Special Legislation by the Minnesota Legislature Background The buildout of Northern Stacks TIF District (No. 20) has occurred much quicker than planned. The beneficial effects results in Tax Increment, which exceeds the amount needed to repay the development bonds. State law requires any excess increment to be redistributed to the various taxing authorities when the district comes to an end. Special legislation is required to do anything different. It is estimated that, between now and 2041 when the district decertifies, TIF District No. 20 will generate approximately $1 million per year in excess increment. The City Council and Housing and Redevelopment Authority (HRA) met on February 4, 2021 to discuss the pros and cons of the excess increment. Both bodies expressed support for applying the excess increment to also acknowledged that doing so requires a change in state law concerning TIF District No. 20. The Special Legislation provides for the following: !Applicable only !Allows for revenues from redevelopment tax increment district No. 20 to be available for any of the HRA revolving loan and grant programs. !It further increases the percentage from 25% to 50% of the tax increment that can be available. !Removes the Five-Year Rule (in which tax increment must be spent) and other requirements for expenditures and the use of revenues for the district. !Provides that City/HRA must elect to use the Special Rules, if approved, by December 31, 2023. Financial Impact The effect of this Special Legislation would provide the Authority with approximately $1 million per year for the next 20 years exclusively for its housing programs. Recommendation Staff recommends the approval of Resolution No. 2021-12. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 87 Jufn!8/ Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-12 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 88 Jufn!8/ Resolution No. 2021-12 Requesting Approval of Special Legislation by the Minnesota Legislature Whereas, the City of Fridley, Minnesota (City) and the Housing and Redevelopment Authority in and for the City of Fridley (Authority) wish to expand housing opportunities and renovate existing owner occupied and rental housing; and Whereas, the City is a first ring suburb with housing constructed 50 to 70 years ago; and Whereas, the Authority has established numerous loan and grant programs to address housing needs; and Whereas, approved (i) the maximum possible authority levy for the last 25 years, (ii) tax exempt housing bonds, (iii) housing replacement programs, and (iv) an extensive housing code enforcement program; and Whereas, the Authority has approved allocating $1 million per year for the next five years for its housing programs; and Whereas, the revenue needed for housing programs is much greater than the available resources; and Whereas, the City and Authority recently sold general obligation bonds to pay tax increment revenue notes in tax increment district No. 2 and Whereas, the City and Authority wish to use the revenues not required for debt service and administration expense from this one TIF District to assist them with addressing their very extensive housing needs; and Now, therefore be it resolved, that the City Council of the City of Fridley requests the Minnesota Legislature to approve the special legislation attached as Exhibit A. Passed and adopted by the City Council of the City of Fridley this 8th day of February, 2021. _______________________________ Scott J. Lund Mayor ATTEST: _____________________________________ Daniel Tienter City Clerk 89 Jufn!8/ EXHIBIT A A Bill for an Act Relating to the City of Fridley Tax Increment Financing District BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. CITY OF FRIDLEY; TAX INCREMENT FINANCING DISTRICT; SPECIAL RULES. (a) If the governing body of the City of Fridley or its development authority elects, then notwithstanding anything to the contrary in sections 469.176, subdivision 4J and 469.1763, subdivision 2, not more than 50 percent of the total revenue derived from tax increments paid by properties in tax increment financing district No. 20 (measured over the life of the district) may be expended on housing programs outside the tax increment financing district No. 20 including the following: (i) revolving rehab loan program; (ii) multi-family improvement loan program; (iii) mobile home improvement loan program; (iv) last resort emergency deferred loan program; (v) senior deferred loan program; (vi) down payment assistance loan program; (vii) residential major project grant program; (viii) residential paint rebate grant program; and (ix) front door grant program. (b) The five-year rule under Minnesota Statutes, section 469.1763, subdivision 3, and the use of revenues for decertification in Minnesota Statutes, section 469.1763, subdivision 4, do not apply to tax increment financing district No. 20. (c) The authority to make the election under this section expires on December 31, 2023. Effective Date: This section is effective upon approval by the governing body of the City of Fridley and upon compliance by the City with Minnesota Statutes, section 645.021, subdivision 3. ! 8: Jufn!9/ AGENDA REPORT Meeting Date: February 8, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Claims: 191674 - 191892 Background Financial Impact Recommendation Approve Claim Nos. 191674 - 191892 Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building x Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Claims List !Emergency Claims Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 91 Jufn!9/ 92 Jufn!9/ 93 Jufn!9/ 94 Jufn!9/ 95 Jufn!9/ 96 Jufn!9/ 97 Jufn!9/ 98 Jufn!9/ 99 Jufn!9/ 9: Jufn!9/ :1 Jufn!9/ :2 Jufn!9/ :3 Jufn!9/ :4 Jufn!9/ :5 Jufn!9/ :6 Jufn!9/ :7 Jufn!9/ :8 Jufn!9/ :9 Jufn!9/ :: Jufn!9/ 211 Jufn!9/ 212 Jufn!9/ 213 Jufn!9/ 214 Jufn!9/ 215 Jufn!9/ 216 Jufn!9/ 217 Jufn!9/ 218 Jufn!9/ 219 Jufn!9/ 21: Jufn!9/ 221 Jufn!9/ 222 Jufn!9/ 223 Jufn!9/ 224 Jufn!9/ 225 Jufn!9/ 226 Jufn!9/ 227 Jufn!9/ 228 Jufn!9/ 229 Jufn!9/ 22: Jufn!9/ 231 Jufn!9/ 232