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04/06/1998 - 4815� cmror FRIDIEY FRIDLEY CITY COONCIL MEETING ATTENDENCE SHEET M��.day, A�h,i.P. 6, 1998 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN L ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER � � CRY OF ` FRIDLEY FRIDLEY CITY COUNCIL MEETING OF APRIL 6,1998 The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activiries because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Loyaity Day: May 2, 1998 Days of Remembrance of the Holocaust: April 19-26, 1998 APPROVAL OF MINUTES: City Council Meeting of March 16, 1998 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Deciaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof for the TH65/Central Avenue/Lake Pointe Drive ........................................................ 1.01 - 1.09 � FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Authorizing Access and Use of Right-of-Way for the TH65/Central Avenue/Lake Pointe Drive Intersection - Improvement and Repealing Resolution No. 16 - 1998 ......................................... ................................. 2.01 - 2.06 Receive the Minutes of the Planning Commission Meeting of March 18, 1998 ....................................................................................... 3.01 - 3.05 Approve Transfer of Easement from the City of Fridley to the County of Anoka, Generally Located at 8100 East . River Road N.E. (1Nard 3) ....................:..................................... 4.01 - 4.09 Resolution Approving a Vacation, SAV #98-01, Generally Located at 6525 University Avenue N.E. (Ward 1) ...................................... 5.01 - 5.08 Variance, VAR #98-04, by Kim Miller of Miller Funeral Home, to Reduce the Front Yard Setback from 80 Feet to 37 Feet to Allow the Construction of an Addition Along the South Side of the Property, Generally Located at 6210 Highway 65 (Ward 2) ...................................... 6.01 - 6.06 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1998 APPROVAL OF PROPOSED CONSENT AGENDA• NEVU BUSINESS (CONTINUEDZ PAGE 3 Approve 1998 Yard Waste Transfer Service Contract between the City of Fridley and Morrell & Morrell, inc . .............................................. 7.01 - 7.06 Approve Letter Contract between the City of Fridley and Braun Intertec for Laboratory Services for the Springbrook - Clean Water Partnership Grant Project (Ward 3) .................................................................................... 8.01 - 8.06 Approve Supplemental Agreement to the 57�' Avenue Reconstruction Protect - . Agreement Befinreen the City of Fridley andBRW .................................................................................... 9.01 - 9.05 Resolution Approving Final Plans and Authorizing Advertisement for Bids for the 57"' Avenue Improvement Project No. ST. 1997 - 4 ............................................................ 10.01 - 10.03 Authorize Additional Funding for the SCADA System Upgrade Items ........................................... 11.01 - 11.06 FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS {CONTINUED): Approve Site Lease Agreement Between the City of Fridley and U.S. West Wireless, L.L.C. .............................................................. 12.01 - 12.25 Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to Knights of Columbus Council 4381 Fridley (Knights of Columbus Council 4381, 6831 Highway 65 N.E.) (Ward 2) ..................................... 13.01 - 13.02 �� Approve Payment of $2,750 to the Southern Anoka County Community Consortium ..................................... 14.01 - 14.03 Appointment: City Employee .................................................... 15.01 Claims.................................................................................... 16.01 � FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Licenses: ................................................................................... 17.01 - 17.02 Estimates: .......................................:...........:........:..................... 18.01 �ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of Items Not on Agenda (15 minufes). OLD BUSINESS: Second Reading of an Ordinance Repealing Chapter 407 of the Fridley City Code in its Entirety, and Adopting a New Chapter 407, Entitled "Right-of-Way Management" and Amending Chapter 11 of the Fridley City Code, Entitled "General Provisions and Fees" (Tabled March 16, 1998) and, Authorize Publication of Official Title and -- Summary....................................................................................... 19.01 - 19.35 � FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1998 PAGE 6 OLD BUSINESS (CONTINUEDL 1998 Appointments to City Commissions (Tabled March 16, 1998) ..................................................................... 20.01 - 20.03 NEW BUSINESS: Resolution in Support of an Application for a Minnesota Lawful Gambling Premise ._ Permit to Italian American Minneapolis _ Foundation Club (Main Event, 7820 University Avenue N.E.) (Ward 3) ........................................................ 21.02 - 21.02 Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to Minnesota Youth Athletic Services (Shorewood Restaurant, 6161 Highway 65 N.E.) (Ward 2) .................................................................. 22.01 - 22.02 Informal Status Reports ....................................................................... 23.01 ADJOURN. c, , � _ .��_ . � LOYALTY DAY May 2, 1998 WHEREAS, the citizens of this City are extremely proud of this Nation's more than 200 year Heritage of Freedom and are loyal to the ideals, traditions, and institutions which have made our nation so great; and WHEREAS, their obvious dedication to our way of life is indicative of a strong, continued desire to preserve the priceless American heritage; and � WHEREAS, they will be proud to stand up and publiciy declare fheir determination toward actively and positively safeguarding our freedom against any foreign or domestic enemies; NOW, THEREFORE, BE IT RESOLVED that l, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim Saturday, May 2, 1998, LOYALTY DAY in the City of Fridley, and urge residents to take full advantage of this special occasion, which is celebrated as an incentive for every American to rea�rm his/her love of the Flag and the Country. I urge that all individuals, schoo/s, churches, organizations, business esfablishments and homes within the City display proudly the Flag of the United States of America and participate in public patriotic Loyalty Day activities which will be cosponsored by the Veterans of Foreign Wars of the United States and others. ,.� IN W/TNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 6"' day of April, 1998. �Y, Nancy J. Jorgenson�Mayor • ; -� C� / � DAYS OF REMEMBR�NCS OF TR� UZCTZMS OF TR� ROLOCAQST 9pri1 l 9- ti6, 1998 WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators from 1933 to 1945. Jews were the primary victims—six million were murdered,� Gypsies, the handicapped and Poles were also targeted for destruction or decimaiion for racial, ethnic or national reasons. Millions more, inc/uding homosexuals, Jehovah's �tnesses, Soviet prisoners of war and politicai dissidents a/so suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the importance of teaching today's children about this unprecedented event reminds us ail of our so/emn duty fo keep alive the memory of the millions who perished during the Holocaust, more than one and a ha/f million of whom were innocent chiidren; and WHEREAS, we ihe people of the City of Fridley, Minnesota, should a/ways remember the terrible events of the Ho/ocaust and should remain vigilant against bigotry and tyranny; and _ WHEREAS, we the peop/e of the City of Fridley, Minnesota, shou/d continually rededicate ourselves to the princip/es of equality and justice for all; and WHEREAS, the Days of Remembrance have been set aside for the peop/e of the City of Frid/ey, Minnesota, to remember ihe inhumanity of those who perpetrated the Holocausf, as well as to reflect upon our own humanity and the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980), the Unifed States Holocaust Memorial Center designates the Days of Remembrance of the Victims of the Ho/ocaust to be Sunday, April 19 through Sunday, April 26, 1998, including the internaiiona/ Day of Remembrance as Yom Hashoah, Apri123, 1998; NOW, THEREFORE, BE IT RESOLVED that l, Nancy J. Jorgenson, Mayor of the City of Fridiey, do hereby proc/aim the week of Sunday, Apri119 through Sunday, Apri126, 1998, as: DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in the City of Fridley, in memory of the victims, the survivors and their liberators, and further proclaim that we, as citizens of the City of Fridley, Minnesota, should strive to overcome intolerance and indifference through leaming and remembrance. IN WITNESS WHEREOF, 1 have set my hand and caused the seal of the City of Fridley to be a�xed this 6"' day of April, 1998. Nancy J. Jorgenson, Mayor � THE MINUTES OF THE REGUI�,R MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 16, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: PRESENTATZON: Mayor Jorgenson, Councilman Billings, Councilwoman Bolkcom None Councilman Barnette, Councilman Schneider and PRESENTATION TO COUNCIL SECRETARY, CAROLE HADDAD: Mr. Burns, City Manager, presented a plaque to Carole Council Secretary, for her 21 years of service to th will be retiring on March 31. Ms. Haddad thanked the City Manager and staff for all their support which mad enjoyable. APPROVAL OF MINUTES: Haddad, City e City. She Council, the e her j ob so COUNCIL MEETING, MARCH 2, 1998: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votinq aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHP,RTER DECLP.RING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING TFiE SALE THEREOF: Mr. Burns, City Manager, stated that this surplus property is defined as 33,631 square feet of former highway right-of-way that lies between Highway 65 and the Fridley Executive Center site. This parcel should be conveyed to the Housinq and Redevelopment Authority and will be includ�d as part of the developable property known as the Fridley Executive Center site. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 2 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGUI,AR AGENDA. 2. RESOLUTION AUTHORIZING ACCESS AND USE OF RIGHT-OF-WAY FOR THE TA65 CENTRAL AVENtJE LAKE POINTE DRIVE INTERSECTION IMPROVEMENT : � Mr. Burns, City Manager, stated that this resolution authorizes the use of 31,249 square feet of former highway right-of-way for use in constructing the TH65/Lake Pointe Drive intersection improvement. This parcel and the parcel described under Item 1 of the agenda were once joined together as part of a Minnesota Department of Transportation (MnDOT) right-of-way turnback to the City. It has always been understood that the parcel in Item 1 would be part of the Fridley Executive Center development and that the balance of the parcel, named in this item, would be available for future intersection improvements. This ordinance and the resolution in Item i serve to formalize these arrangements. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. RESOLUTION REVOKING AND ESTABLISHING MCJNICIPAL STATE AID STREETS: Mr. Burns, City Manaqer, stated that this resolution revokes 79th Way and 79th Avenue between Main Street and East River Road as part of the City's Municipal State Aid System (MSAS). If the City were to continue to include this segment in the MSAS system, an at-grade crossing would need to be established at the Burlington Northern Railroad tracks. Since Burlington Northern Railroad is not supportive of �the crossing and staff can foresee negative traffic impacts from establishing the crossing, it is recommended that this portion of our MSAS system be deleted. Mr. Burns stated that in place of the 79th Avenue/79th Way segment, staff recommended that the West University Service Drive between 79th and 83rd Avenues be substituted. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGUL�AR AGENDA. 4. RECEIVE THE RECONIlrIENDATIONS THE SALE OF 1.1i I �I= �� tcr.v�,N�� rc�ruNlillvC� t3UN1J5, S�Kl�:S lyy�3A: SPRINGSTED INCORPORATED OBLI Mr. Burns, City Manager, stated that in 1991, the City issued bonds for financing a number of water system projects including the Highway 65 water tower. These bonds have a call provision that allows the City to make early payment on all FRIDLEY EITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 3 remaining principal. Springsted is recommending that, in anticipation of the call date (February 1, 2000), the City issue refunding bonds at today's interest rates. The proceeds of this new sale will be used to retire the original bond issue at its call date. Through this action, the City will save $121,649.70 in debt service payments. Staff recommends that the Springsted report be received. RECEIVED THE RECOI�IENDATIONS FROM SPRINGSTED, INC. REGARDING THE SALE OF $1,185,000 GENERAL OBLIGATION WATER E2EVENUE REFUNDING BONDS, SERIES 1998A. 5. RESOLUTION NO. 18-1998 INITIATING THE PROCESS FOR THE SALE OF THE CITY OF FRIDLEY'S GENERAL OBLIGP.TION WATER REVENUE REFIJNDING BONDS, SERIES 1998A: Mr. Burns, City Manager, stated that this resolution was prepared by bond counsel and would begin the process for the sale of the refunding bonds. The refunding bonds will be retired from revenues generated by the City's sale of water. ADOPTED RESOLUTION NO. 18-1998. 6. APPROVE GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TFtADE AND ECONOMIC DEVELOPMENT AND THE CITY OF FRIDLEY (ONAN CORPORATION) PROJECT): Mr. Burns, City Manager, stated that this agreement contains the terms for the City's administration of the State's Minnesota Investment Fund financing for a project initiated by the Onan Corporation. Under the terms of the agreement, the $360,000 in financing is based on Onan's commitment to create 144 new jobs within two years while maintaining both the 611 jobs that existed at the time the grant application was made for a period of five years. By the terms of this agreement, the City will receive the money from the State and distribute the money to Onan as a loan that will be forgiven if the terms of the State's agreement with Onan are fulfilled. The City's involvement is the establishment of a loan agreement with Onan and the filing of periodic compliance reports to the State. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. CLAIMS: AUTHORIZED PAYMENT OF CLP.IM NOS. 79526 THROUGH 79783. 8. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. FRIDLEY CITY COUNCIL MEETING OF M�+,RCH 16, 1998 PAGE 4 9. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of February, 1998. .... .$ 4,250.00 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of December, 1997 ..$15,837.50 No persons in the audience spoke regarding the consent agenda items. Councilman Billings requested that Items 1, 2 and 3 be removed from the consent agenda and placed on the regular agenda. Mayor Jorgenson requested that Item 6 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilman Billings to approve the consent agenda with the exception of Items 1, 2, 3 and 6. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Items l, 2, 3 and 6 from the consent agenda after Item 11. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Joe Sombrio, 289 Stonybrook Way, stated that WAABI has operated pulls taps at Main Event and Shorewood in Fridley. Over the last seven years they have generated $400,000 in revenue that went to community organizations in Fridley, as well as communities outside of Fridley. It was his understanding that the Italian Club of Minnesota and the Minnesota Youth Boxing Association plan to sell pull tabs at these establishments in Fridley. He wanted to make sure that there were no illegal activities if these new FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 5 organizations come into the City. He would like WAABI to be grandfathered because of their support of organizations in the City. He understands that only five percent has to be given to Fridley from these pull-tab operations. WAABI currently gives 55 percent. Councilman Billings stated that when the City initially prepared the ordinance, a certain percentage of the funds generated from the pull-tab operation were to be spent in Fridley. The State statutes, however, take precedent over City ordinances. Those statutes provide that a percentage of the proceeds must be returned to the community or cities that are contiguous to Fridley. Councilman Billings stated that the Minnesota Department of Gaming has control over the pull-tab operations. If there is evidence of any illegal activities it should be reported to the Gaming Department. Councilman Barnette stated that WAABI was a major contributor to the Excel and scholarship programs at the Fridley High School. I�e felt that Mr. Sombrio should talk with the Main Event and Shorewood on this issue. Mr. Sombrio stated that he did not wish to infer these organizations are doing anything illegal. Before any licenses are granted Council should know where the organizations will be distributing their proceeds. Mr. Knaak, City Attorney, stated that Councilman Billings was correct in that the areas where these funds are distributed are controlled by State statutes. How these funds are allocated depends entirely on the decision of the participating organization, as long as they comply with the State statute reqarding the distribution. However, there is a provision in the State statute that allows the City to take up to ten percent of the proceeds dedicated to a special fund. Unless there is evidence of wrong- doing it is impossible for the City to hold up the licensing process. Mr. Sombrio stated that Fridley youth programs have benefited from WAABI's contributions. Whatever can be done to ensure that those contributions to the youth in Fridley continues would be appreciated. Councilwoman Bolkcom stated that she would encourage the youth and their parents to�contact those businesses regarding their concern. Councilman Schneider stated that everyone is very supportive of WAABI. The reality is that there is not much Council can do regarding the licensing. It was the consensus of Council that the provision of ten percent to a special fund should be reviewed. FRIDLEY CITY COUNCIL MEETING OF MP.RCH 16, 1998 PAGE 6 OLD BUSINESS: 10. SECOND READING OF AN ORDINANCE REPEALING CHAPTER 407 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, AND ADOPTING A NEW CHAPTER 407, ENTITLED "RIGHT-OF-WAY MANAGEMENT" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENTITLED "GENERAI� PROVISIONS AND FEES" � AUTHORIZING PUBLICP.TION OF OFFICIAL TITLE AND SUN�lARY: Mr. Flora, Public Works Director, stated that the League of Minnesota Cities, the Suburban Rate Authority, and the City Engineers Association of Minnesota worked on a model ordinance to satisfy the 1997 legislative requirements for managing the public right-of-way. The purpose of the ordinance is to ensure proper restoration of the streets and boulevards when it is necessary for utility companies to make cuts. The Legislature established that the right-of-way was the City's responsibility and allowed the City to issue permits, plan restoration, address franchises, and establish construction standards. In addition, it provided for joint application of work, denial of permits, mapping, and a user fee except for telecommunication activities. Mr. Flora stated that a public hearing was held on this ordinance, and a first reading of the ordinance was held on March 2. There were a number of issues raised at the public hearing, as well as the time of the first reading of the ordinance. A meeting was held with representatives from Minneqasco, Northern States Power and Paragon Cable addressing these concerns. Some changes have been made in the ordinance by adding language and deleting some sections of the ordinance. Mr. Flora stated that he would expect there may be additional changes to this ordinance in the year 2000 after the Public Utilities Commission completes their work on this right-of-way issue. In the meantime, the City needs an ordinance to control the right-of-way and recoup the costs the City is spending in those operations. The ordinance addresses these issues as well as those brought up by the utility companies. Mayor Jorgenson stated that she received telephone calls regarding the fee structure and the mapping. Mr. Flora stated that the plans are reviewed by various departments and then a permit is issued. In conjunction with the permit, inspections are conducted during the course of a project. The fees are to recoup the City's costs. With regard to the mapping, it is proposed that the City recoup the costs for entering into the GIS system the location of lines. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 7 Mr. Flora reviewed the right-of-way fees for excavation, obstruction, extensions, delay penalties, and degradation, as well as user fees. Councilman Schneider asked if there would be only one fee if a single trench was dug and used by all the utility companies. Mr. Flora stated that only one fee would be charged. If there is a City project, a company can do their necessary work at the same time and there would be no fee. There were questions raised about the fees if there was an emergency situation. Mr. Flora felt that in the case of a major storm Council would probably have to look at these fees in a different light. There was discussion regarding the amount of time involved for permits. Mr. Flora stated that the Police, Fire, Engineerinq Departments, and sometimes the Community Development Department, have to review these requests. After review of the plan, inspections by City staff are involved as the project proceeds. Councilman Billings asked if a permit would be required if utility companies were working in the street and needed to block a lane. Mr. Flora answered in the affirmative. He explained that any digging in the boulevard or pavement is considered an obstruction. If it is strictly a service call, it does not require a permit. Mayor Jorgenson asked the City Attorney to explain why the telecommunications industry is exempt. Mr. Knaak, City Attorney, stated that, historically, a franchise is granting authority to an entity to use public right-of-way to provide an important key service. It is more than a contractual arrangement and, typically, is an ordinance outlining requirements that must be met. Councilman Schneider stated that once the Public Utilities Commission enacts their legislation some modifications may be needed to this ordinance if it is adopted. Mr. Flora stated that he did not expect any major changes but only some minor fine tuning of the ordinance. Councilwoman Bolkcom stated that the fees proposed for Eridley are quite a bit higher than those in Edina. She questioned if the taxpayers were subsidizing some of the fees. Mr. Flora stated that this could be possible and would account for the lower fees if some of the fees are subsidized. Part of the problem is that in the 1980's the utility companies had their own x FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 8 employees doing the repair work so that any problems could be worked out. Today, this is not the case. It is hard to coordinate efforts when a problem arises because of the different contractors that may be involved. Councilman Schneider stated that he was concerned about comparinq the City's fees with other communities. There are many factors that could enter into this difference such as how they maintain their data base and the infrastructure. Mr. Flora felt the proposed fees were reasonable with regard to the amount of time for processing these permits. Councilman Schneider stated that data could be analyzed over a six- month period to make sure the fees truly reflect the cost to the City. Mr. Flora stated that there is a routing system that would make it possible for everyone to keep track of their hours. Councilman Billings felt whether all facilities Section 407.07 the $1 was lanes or street lanes. that Section 407.22 was not clear as to should be underground. Further, under omitted. Also, he found no definition of Councilman Billings stated that the City of Edina may be recovering their costs from franchise fees, and taxpayers may not be subsidizing the utility companies. However, he felt that the proposed fees have increased tremendously. He found it difficult to believe that a utility company could have a permit to cut three holes, perform the work in eight hours, and then it takes twelve hours to inspect the work. Mr. Flora stated he felt it would be impossible for a utility company to cut and restore three holes in an eight-hour period. Councilman Billings asked how many permits were issued last year for excavation. Mr. Flora stated that there were about sixty. However, with Minnegasco's lines, any two cuts within a 200 foot area is considered only one. That is also a policy associated with the adoption of the ordinance. Councilman Billings asked if this policy was included in the ordinance. Mr. Flora stated it is a policy that the City adopted associated with implementing the ordinance. Copies were given to the utility companies. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 9 Councilman Schneider stated that he had a problem with the definition of obstruction which is defined as digging a hole. He asked if this would be enforced consistently and not arbitrarily. Councilman Billings asked if Council could, in a franchise agreement, negotiate terms and conditions that would specifically address the manner in which companies would leave property and the costs they would pay over and above the franchise fee for any work they conducted. He asked if there could be some negotiations with Northern States Power and Minnegasco to cover the City's costs. He wanted some serious consideration given to companies that have a franchise agreement with the City and who pay a franchise fee, to be exempt from certain conditions of this ordinance. If there are companies that do not have a franchise agreement with the City, Council could adopt fees to ensure the quality of the work to be done. Councilman Schneider felt that companies with franchise agreements with the City should take precedent over this ordinance. Councilman Billings stated that the City has a franchise agreement with Minnegasco, but there is no franchise fee. This would need to be addressed. Franchise fees are being collected from Paragon Cable. Possibly a certain portion of those fees could be allocated to the recovery of the City's costs. The franchise aqreement, as well as the franchise fee, would need to be addressed with Northern States Power. Council may want to re-adopt the fees from last year on a short-term basis. Mr. Burns, City Manager, asked Councilman Billings if he felt that Section 407.03, paragraph two, was addressing his concerns. Councilman Billings felt it should be reviewed by the City Attorney, as he felt it was not clear as to what it means in terms of the franchise fee. Councilman Billings stated that he was unclear as to how obstruction permit fees are calculated and if wires can be replaced overhead or if they need to be underground. MOTION by Councilman Barnette to receive the letter from Northern States Power dated March 16, 1998. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorqenson declared the motion carried unanimously. There was a consensus of the Council that possibly the policy should be included as part of the ordinance or as a reference. MOTION by Councilman Billings to table this item and refer it back to staff. Further, that this matter be re-submitted to Council no later than April 20, 1998. Seconded by Councilwoman Bolkcom. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 10 UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS• 11. RESOLUTION NO. 19-1998 REQUESTING NO PARKING ON CENTRAI, AVENUE 350 METERS NORTH OF TRUNK HIGHWAY 65: Mr. Flora, Public Works Director, stated that this resolution specified no parking on Central Avenue for 350 meters north of TH 65. Councilman Schneider asked if this resolution allows for additional parking restrictions. Mr. Flora stated that the County did install "No Parking" signs on Old Central Avenue in 1983, but there is no documentation. This resolution deals with the first 350 meters associated with the improvement of the intersection. No persons in the audience spoke regarding the no parking restrictions on Old Central Avenue. MOTION by Councilman Schneider to adopted Resolution No. 19-1998. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ITEMS FROM THE CONSENT AGENDA: 1. FIRST READING OF AN ORDINP,NCE UNDER SECTION 12.06 OF THE CITY CHARTER DECI,ARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: Councilman Billings stated that he understands this parcel was vacated by Council in 1987. The resolution, which is Item 2 on the agenda (to grant the use of the right-of-way) is what the City already vacated. He asked who owns this parcel. Ms. Dacy, Community Development Director, stated that this parcel was part of a larger parcel and was deeded to the City from MnDOT as a"turnback" parcel. However, there does not appear to have been an ordinance which declared the vacated property "excess" to enable the City to convey it to the Housing and Redevelopment Authority. This ordinance is necessary in order to quit claim the vacated right-of-way to the HRA. The area will also be included as part of the lot in the final plat. Ms. Dacy stated that the resolution (Item 2 on the agenda) and the attached Exhibit A refer to the area where the City did not vacate its interest to continue for highway purposes. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 11 Councilman Billings stated that it was difficult to tell from the drawing, as they are at different scales. He wanted to clarify if the parcels are adjacent to each other. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 2. RESOLUTION NO. 16-1998 AUTHORIZING ACCESS AND USE OF RIGHT_OF- ' IMPROVEMENT : MOTION by Councilman Billinqs to adopt Resolution No. 16-1998, with attached Exhibit A. Seconded by Councilwoman Bolkcom. Upon_ a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 3. RESOLUTION NO. 17-1998 REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS: Councilman Billings asked if there would be any fees associated with the removal of 79th Avenue/79th Way between Main Street and East River Road as an MSAS street, and the redesignation identifying University West Service Drive between 79th and 83rd Avenues as an MSAS street. Mr. Flora, Public Works Director, stated that in the past the City has not paid any fees with other streets that have been turned back. The street was built in the 1960s. If there are any fees associated with this turnback, they would be minimal. This will have to go through the process with MnDOT before it .is known if any fees are involved. MOTION by Councilwoman Bolkcom to adopt Resolution No. 17-1998. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 6. APPROVE GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF FRIDLEY (ONAN CORPORATION PROJECT): MOTION by Councilman Schneider to approve the grant agreement between the State of Minnesota, Department of Trade and Economic Development and the City for the Onan Corporation project. Seconded by Councilman Barnette. Upon a voice vote, Councilman Schneider, Councilman Barnette, Councilman Billings, and Councilwoman Bolkcom voted in favor of the motion. Mayor Jorgenson abstained from voting on the motion. Mayor Jorgenson declared the motion carried by a four to one vote. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 12 12. RESOLUTION NO. 20-1998 APPROVING AND ADOPTING A DEER POPULATION MANAGEMENT PLAN FOR THE MINNEAPOLIS WATERWORKS: Mr. Dave Sallman, Public Safety Director, stated that the Minneapolis Waterworks approached the City with a problem regarding the deer herd on their property which totals about thirty (30). Meetings were held, and recommendations were submitted on how the herd should be reduced. If there was to be a deer harvest, safety recommendations were made to make sure it would be safe for persons outside the Waterworks property. Mr. Sallman stated that, as Public Safety Director, he can approve the discharge of weapons, but he does not have authority over the ordinance that deals with hunting in the City. An indemnification agreement was received from the City of Minneapolis relating to the deer harvest. Staff recommends approval. There were representatives from the Department of Natural Resources and Minneapolis Waterworks, as well as the City's Naturalist, to answer any questions. Councilman Schneider asked why rifles were used at Springbrook Nature Center for a deer harvest and why they would not be used at the Waterworks. Mr. Sallman stated that rifles were used at Springbrook Nature Center after the Nature Center had closed for the day, and after there was no one on the property. Firearms would not be used on the Waterworks property since employees may be on the property at all times. Councilman Billings asked if this was a deer management plan that will last for a period of time. Mr. Sallman stated that the plan is to keep the deer herd at a certain level. If there is a need for future reduction, he would come back to Council for approval. Councilman Billings asked if this would be a reduction of the deer herd to zero or a manageable level. He also questioned if the area is totally enclosed or if it is possible for additional deer to miqrate into the area. Mr. Sallman stated that the Department of Natural Resources (DNR) would issue a permit regardinq the number of deer that can be removed. This amount could not be exceeded. Mr. Siah St. Clair, Naturalist, stated that the deer are wild animals living off the natural habitat. Their only known predators in the community are automobiles and trains. Mr. Jim Ring, representing the Minneapolis Waterworks, stated that he counted 31 deer on the property last week. Chasing them out of FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 13 the compound does not work. The deer return, and the population continues to grow. The habitat will not support a deer heard this large. Mayor Jorgenson stated that some people perceive this to be a zoo of some sort or a reserve of animals, and they have strong reservations regarding the method of kill. She questioned if it is humane to reduce the herd and then allow them to breed again within a confined site. Ms. Kathy DonCarlos, Assistant Area Wildlife Manager for the DNR, stated that in areas where cities have determined it is inappropriate or not advisable to discharge weapons, the DNR places more responsibility on the municipality to manage that situation. In determining deer populations, the rule of thumb is that most municipalities will tolerate 15 to 25 deer per square mile. Deer are managed at lower levels of 7 to 11 per square mile where the vegetation is necessary to protect the ecosystem. Ms. DonCarlos stated that in using the basis of 15 to 25 deer per square mile, the area being discussed would support approximately 5 to 8 deer. The amount of habitat available for year-around support reduces this to 1-1/2 to 3 deer per square mile. If you want to protect the understory, it is about 1 deer per square mile. The DNR does not support chasing the deer from this area, as it will increase the density elsewhere. Ms. DonCarlos stated that the survival rate would be very low if the DNR tranquilized the deer and relocated them to another area. The procedure is not without risk, as there is a physiological reaction. A wild animal in this state is vulnerable to predators. Councilman Billings stated that even though the death of the deer is pretty drastic, the DNR feels it is the most humane way of reducing the herd. Councilwoman Jorgenson questioned if there were any effective birth control methods for deer. Ms. DonCarlos stated that hormonal birth control methods done in the eastern part of the United States resulted in permanent changes in the animal. This places humans at risk if ineat is ingested and the animal is at high risk for cancer. There is also a vaccine, but it requires two injections which means the deer have to be identified. She felt that it was not a good option, but she hoped that there would be a one-time vaccine in the future. Ms. Linda Hatfield, 4901 Second Avenue S., Minneapolis, Friends of Animals and Their Environment, stated that she never had an opportunity to address this issue at the Minneapolis City Council meeting. She felt that bow hunting was cruel and inhumane, as the animals suffer and die throuqh hemorrhaging. She felt that the FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 14 gates could be opened to disperse the deer to other areas along the natural corridor of the river. She saw five deer that looked healthy and did not appear to be starving. Ms. Hatfield felt that the bow hunting was a short-term fix and a cruel way to address the problem. She thanked Mayor Jorgenson for the response to her letter, and she asked the City to look at a deer management program. Councilman Schneider asked Ms. Hatfield if her preference would be for rifles, rather than bow and arrow. Ms. Hatfield stated that her group is opposed to bow hunting. She has served on task forces that addressed deer management programs. She would like the City.to consider other options and have people stop feeding the deer. Mr. Randy Khoury, member of the Natural Mississippi River Advisory Board for the City of Minneapolis, stated that there is not a wildlife management plan for the metropolitan area. With respect to the DNR, they issue hunting licenses. If this river corridor cannot support 30 deer, there is a problem. He has not heard of any plan to restore plant life to support the deer. He felt this approach should be taken. Mayor Jorgenson asked how many deer there are currently in the City. Mr. St. Clair stated that an aerial survey showed 13 deer in the north end of the City, that includes Springbrook Nature Center, and 23 deer on Durham Island near Islands of Peace. He did not have a count for the area south of I-694. However, the counts are down from about 50 to 60 deer in the whole area to about 40. Ms. Julie Durbey, Volunteer with the Animal Rights Coalition, stated that there is a program on Channel 6 which addresses bow hunting and how it is inhumane and inappropriate. The deer at the Waterworks are very tame, and the first option is to get them out of this area. There should be an opportunity to explore other methods. She felt bow hunting was not ethical. Ms. Mary Rittenhouse, north Minneapolis, stated that she felt the DNR had a stronghold on deer management. She felt it was time to consider other ways of dealing with these issues. There should be a way to do something intelligently rather than violently. Mr. Curtis Carlson, 1129 Washington Street N.E., stated that this would not be a hunt, it would be a slaughter. He felt the Waterworks employees created the deer problem by feeding them. There have been numerous road kill, there are no signs posted, and the speed limit is totally violated. If the fence were to be lowered, the deer could move from one area to another. Mr. Carlson stated that he is not opposed to hunting, but he can't believe bow FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 15 hunting should be support more than determined how much allowed the herd to would leave. considered. He felt this area could easily one or two deer. He thouqht it should be feeding was done by Waterworks employees that grow. He felt that if no one fed the deer they Mr. Jim Ring stated that he understands this is an emotional issue. Waterworks is not trying to take on the job of the DNR. He has worked there for eleven years, and the deer have not been there a long time. It has been rare to see a deer. Lowering the fence would defeat the security. He is a resident of Fridley and would appreciate approval of this plan. Councilman Schneider asked why bow huntinq is proposed versus sharp shooters. Mr. Ring stated that their land is narrow, and there are employees on the site seven days a week, 24 hours a day, 365 days a year. He would not want to put any employee in jeopardy by having rifles being fired. Employees have to check gauges on an hourly basis on some of the unmanned stations. Employees that would be working in these areas expressed concern about high powered rifles being used. Councilman Schneider stated that this seems like a sportinq event and not a deer management program. He agreed that if it was necessary to reduce the deer herd that it should be done as painless as possible. Councilwoman Bolkcom asked why the decision was made for bow hunting versus rifles. Ms. DonCarlos stated that they are finding that archery is a more effective tool in certain situations. It is recommended in situations where there� is sensitivity as far as proximity to residents. As far as the humaneness of rifles versus bow hunting, studies have been done. The killing time between a shot and an arrow is a difference of about seven seconds and the run is about thirty yards. When an agency brings in the Metro Bowhunters Resource Base people they are very carefully screened and directed as to the type of shots and distance. Mayor Jorgenson stated that rifles could have been used in this area; however, the primary reason for using bow and arrow was because the employees did not want to hear the animals that were being killed. This contradicts them feedinq the animals and allowing the herd to grow. It is a question of how these animals will be treated. Ms. DonCarlos stated that it would be a humane method of removing animals. As far as why the Minneapolis Waterworks did not want to use sharpshooters, there is a cost involved. The DNR has issued permits in situations where agencies have requested bow hunting and �i FRIDLEY CITY COUNCIL MEETING OF MP.RCH 16, 1998 PAGE 16 has no problem with it, as the hunts are conducted in a humane and safe manner. Councilman Barnette asked how wounded animals would be tracked and if they would be dressed on site. Ms. DonCarlos stated that as far as wounding, there would not be any unrecovered deer. Also, the animals would be dressed in the field. Councilman Barnette asked if the kill rate is the same with the rifle versus the bow hunting. Mr. Mark Graham, Director of the Metro Bowhunters Resource Base, stated that all the shots would be from elevated stands and limited to no more than 20 yards. The persons selected for this operation will have been through training. They also would have to demonstrate a proficiency with the bow and arrow and takinq animals through their programs. The people are donating their time and not allowed to take hide, hair, or meat. The reason the organization exists is to demonstrate that bow hunting can be an efficient and effective method for deer removal. It is an emotional issue. Given another alternative, he would personally rather use this method. He could provide documents from other cities to address the issues of safety and wounded deer. Mayor Jorqenson asked how they choose the participants. Mr. Graham stated that those who would participate have completed the advanced bow hunters course, as well as the ethics and shooting proficiency tests. They choose people through a lottery system, but they.are very careful in how they select these persons. Mayor Jorgenson stated that there was a memorandum on the potential cost to the City of Minneapolis that was considerable. She questioned if that was one of the determining factors in using the archery association. Mr. Ring stated that this was a factor, and there would be no cost to the City of Minneapolis. Councilman Schneider felt that other options should be reviewed. He did not care if it costs the City of Minneapolis more to take care of this problem. Mayor Jorgenson stated that the herd would have to be reduced to the point where the deer will not continually remove all the understory which means down to a low level. Mr. Yasser AbouAish, Superintendent of the Waterworks, stated that he does not claim to be an expert in deer herd management and relies on the DNR for that information. The level of reduction FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 17 they are trying to achieve is not based on deer reduction every year. Chasing the deer out of the complex would not be responsible, as it will add to someone else's problem. Lowering the fence will jeopardize their employees, and he would not support this suggestion. He did not think the City of Minneapolis would support allowing sharpshooters to conduct a deer thinning program because their facility operates 24 hours a day. There are facilities that are not staffed and personnel need to check. MOTION by Councilman Billings to adopt Resolution No. 20-1998 and authorize the necessary documents pertaining thereto. Seconded by Councilman Barnette. Councilman Barnette stated that as disgusting as it is to kill deer, this seems to be the option that is the most humane. Whether it be by bow and arrow or rifle, he felt that with the closeness of the shoot, either method will be just as lethal. There is less opportunity for a stray arrow to do damage than a bullet. He supported the Minneapolis plan. Councilman Barnette stated that, philosophically, we already agreed that killing deer for management is appropriate because the City allowed it at Springbrook Nature Center. Councilman Schneider stated that he voted against the deer reduction at Springbrook Nature Center the first year. However subsequently, he has supported it. Some time should be given to review the other options. He did not believe this was deer management. The City's heritage is that we care about natural resources and exploring every possible option. He cannot support this resolution, as he has to do what he feels is right. Councilwoman Bolkcom stated that it is doubly hard when people have an attraction to the deer and feed them. She has heard from the DNR what would be acceptable, and it does not seem there are other options available. The DNR stated that if the deer were removed from the area some would die being transported, and there is the question of survival in a different environment. Mayor Jorgenson stated that this is a difficult issue because she comes from a family of hunters. However, she has a difficult time with the number of deer within the facility. She felt they are thought of as domesticated pets, rather than wild animals. She felt the City did not have much choice but to reduce the herd. She encouraged the Waterworks personnel from treating these animais as domestic pets only to watch them be slaughtered year after year. The deer outside these boundaries roam free in the City. Deer herds have been thinned to protect and prevent injuries to our residents. She also encouraged the persons interested in deer management to work with the Minneapolis City Council in trying to assure that this does not keep repeating itself. � FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 18 Councilman Schneider asked if this management plan was a one-year plan. Mr. Sallman stated that the intent is to have a continuing plan the same as the City's plan. Council would be notified if it was the intent to enact the plan on a given year, but it would not necessarily need approval. Mayor Jorgenson stated that her concern is that tYiis does not become a private hunting reserve. Councilwoman Bolkcom stated that they would not allow the participants to take the deer, and the participants are not paying to participate. _ MOTION by Councilman Schneider to amend the resolution by adding the words "for 1998" at the end of the fifth paragraph. Seconded by Councilman Billinqs. Mr. Knaak stated that, in essence, Council is granting a variance. Unless it is specified that the variance would be reviewed it would continue. To rescind it would take a public hearing and due process. An alternative would be to restrict the initial resolution to provide for some review. Councilman Schneider asked if the amended motion provided for a one-year term. Mr. Knaak stated that it does not because simply to refer to 1998, does not change the resolution in the manner suggested. Language could be added to the effect that this resolution would be reviewed annually, semi-annually, or every five years by the City for it to be effective beyond this date. Added lanquage would limit this to a variance for a period of years. Councilman Billings stated that another alternative would be to add language to say that this variance would continue; however, Council would be notified whenever the deer manaqement plan is to take effect. This gives the option of re-submitting some controls by establishing a modification clause so Council is aware of the � future application of this variance. Mr. Knaak stated that language could be added to the effect that the approval and authority granted under this resolution shall expire on December 31, 1998. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, al1 voted nay, except Councilman Barnette. Mayor Jorgenson declared the MOTION FAILED. MOTION by Councilman Schneider to amend the resolution by deleting the words "BE IT FURTHER RESOLVED" in paragraph six and combine paragraphs five and six. Further, to add the following paragraph FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 19 to this resolution to read as follows: "BE IT F'URTHER RESOLVED that the approval and authority granted by this resolution shall expire on December 31, 1998. Also, to change the title of the resolution by adding the following words: "for the year ending December 31, 1998." Seconded by Councilwoman Bolkcom. Upon a voice vote, Councilman Schneider, Councilwoman Bolkcom, Councilman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilman Billings voted against the motion. Mayor Jorgenson declared the motion carried by a four to one vote. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION TO ADOPT RESOLUTION NO. 20-1998, Councilman Barnette, Councilwoman Bolkcom, and Mayor Jorgenson voted in favor of the motion. Councilman Billings and Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion carried by a three to two vote. 13. 1998 APPOINTN�NTS TO CITY CONIlr1ISSIONS: MOTION by Councilman Billings to table this item. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that due to the lateness of the hour, he will not be having the department managers review their goals and objectives. It was agreed Council would meet March 30, 1998 to review these goals and objectives. Councilwoman Bolkcom stated that volunteers are need to work on the 50th anniversary task force. Anyone interested should contact the City Manager at 572-3500. Councilman Barnette stated that Sue Anne Kirkham has agreed to be the spearhead for the proposed all-class reunion of Fridley High School, combining this with the Fridley `49er Days parade. This will be the 40th reunion of the first graduating class from Fridley Hiqh School. It is proposed that members of each class drive a vintage automobile in the parade. He suggested that persons interested in working on this event should contact Sue Anne Kirkham at City Hall. The n�mber is 571-3450. Councilwoman Bolkcom stated that Council received petitions from persons concerned about youth basketball and asked if this issue had been resolved. Mr. Burns stated that the plan is to move the youth basketball to Monday night so there is not a conflict with Wednesday night church. The people playing volleyball on Monday nights had no problem with moving to Wednesday night. FRIDLEY CITY COUNCIL MEETING OF MARCH 16, 1998 PAGE 20 ADJOURNMENT : MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 16, 1998 adjourned at 11:40 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Nancy J. Jorgenson Mayor MEMOR.ANDUM DEVELOPMENT DIRECTOR DATE: Aprii 1, 1998 TO: William Burns, Ci Manager � � � ---- FROM: Barbara Dacy, Community Development Director John Flora, Public Works Director SUBJECT: Second and final reading of an ordinance declaring a portion of the Highway 65 Turnback Property as excess property :• -• � On January 26, 1987, the City Council passed an ordinance vacating a portion of the right-of-way immediately between Highway 65 and what is now the Fridley Executive Center Site. The vacated area was part of a larger parcel which was 64,880 square feet in area and was deeded to the City from MnDOT in the early 1980's as a"turnback parcel". The City vacated 33,631 square feet of the former highway right-of-way in order to create more developable area for Woodbridge Properties. The City Council approved the first reading of the ordinance declaring the vacated 33,631 s.f. of area as "excess," in order to convey it to the Housing and Redevelopment Authority. The HRA does not have to formally approve the acceptance of the property, but staff will review the issue with the HRA at the April 2, 1998 meeting. On March 16, 1998, when the first reading of the ordinance was discussed, staff indicated that there is a small, triangular area of this piece which needs to be "excepted" from the conveyance to the HRA, so that it can be part of the right-of-way for the intersection improvement project. A second area of overlap was also found (see attached drawing). The surveyors for the plat have completed the descriptions, and the attached ordinance includes the exceptions. 1.01 RECOMMENDATION Staff recommends the City Council adopt the attached ordinance for second and final reading, declaring the property immediately adjacent to Highway 65 as "excess," and authorizing the Mayor and the City Clerk to execute the necessary documents to convey ownership of the property to the Housing and Redevelopment Authority BD:zs M-98-77 1.02 APR. 1.1998 4�20PM SUNDE LAND SURVEYING � N0.535 P.2i2 � ' • � \ ,�. i `y v . � L �� --- �. 7 � SEC. 23 � � � � _r,r�- I 50.30 �' •, _c� O .� N � = 20°53' I 3" : ' , � `,� • °,' .� ` �� O ; �7 %, !, e '29 •°` �$ � � C' � .• ,� ; ��;� � 4 ,�.� �� o0 „� L = 73.62� � :i � ,�'•. � „ ; �`� . �i► �'� �J''r� � 4 2 � a � � , o �' �; ; • • ' ' • Y ¢ � N � � � � � r � 7 I .33 -; -,� ';��%� � • � � %,Lg�o,� = � ' _.=: 4=� b9 � i ° � .., p v ��j �''�N32°40�2s^w �'�.,, '�•,�, '••. ;;' � ,,,;,-��;�' � : .; �� 4 5 ';W ° � o = �0°31'S3" - :�;; ;�'" � ;: '�'�20 ': :. w � _ � I 4°43'29" R — 23.00 � � A . `�-- o — � an nn � � ��\ :1r � ( � � � 28.3'<, �� •�" � ' � - �" OVERLAP AREAS ��`�, �Q A"�ti 4o��g ��1. 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N'�� "Q�/ERL . ��3 ��► ',, � ,- ,� � AP AREAS" ` o= i4•oo�00�� , z � ry N n �� r� o = s�• i o�oo�� .►.:--''" � � � �; ; � n � v . � = 265.48 -° =.��, /� l�; ; 4' � R = 409.26 ; � � Y . � , , �� n= s �°oo�oo" :' ,'� 6 EX �� i , R� 5o.ao —�,,;' �' TIQN ; f'l � � � �=�.si : r \ : PG� � O S29°05'S I"� " L►� 5� � �' ,�� o° I 0.00-:-.. �� ' -� �,'� �, � o � ,.. �Q , � . 5 _ ♦ , � ,o . � .•.; . ; � �o ° N ' ' ' 9 7. I •. � . � ' � Ng��q.5� ,4,��W�''� �� I 00' 0" ,L��• �g `� �o��o �.��1.03_ 62.3� �c � � A �Q � O `S� 0 � JK EXC � 0 EpT10N �.;�. ; , p � � i� ,� ' I N K ORDINANCB NO. AN ORDINANCL UNDER S$CTION 12.06 OF THB CITY CHART$R D}3CLARING Ci3RTAIN RSAL $STAT£s TO BB SURPLIIS AND AUTHORIZING TH$ SALB THERBOF, TRUNK HIGHWAY 65/C$NTRAL AVENU$/LAKl3 POINTT3 DRIVE INT$RSECTION IMPROV}3M$NT The City Council of the City of Fridley does ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Tracts A, B and C described below, which lies southeasterly of a line run parallel with and distant 130 feet northwesterly of Line 1 described below and westerly and northerly of Line 2 described below: Tract A. Lot 4, Auditor's thereof on file Recorder in and Subdivision No. 155, according and of record in the Office of for Anoka County, Minnesota; to the plat the County Tract B. The south 200 feet of the North Half of the North Half of the Southeast Quarter of Section 23, Township 30 North, Range 24 West, now known as Lot 3, Auditor's Subdivision No. 155, according to the plat thereof on file and of record in the Office of the County Recorder in and for Anoka County, Minnesota, the title thereto being registered as evidenced by Certificate of Title No. 36396; Tract C. Lot 5, Auditor's Subdivision No. thereof on file and of record in Recorder in and for Anoka County, 155, according to the plat the Office of the County Minnesota; Line 1. From a point on the north and south quarter line of said Section 23, distant 1442.83 feet north of the south quarter corner thereof, run northwesterly at an angle of 96 degrees 45 minutes 15 seconds from said north and south quarter line (measured from south to west) for 50.1 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 64 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 1320.45 feet; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 12 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 100 feet; thence deflect to the left on a 05 degree 00 minute 00 second curve (delta angle 35 degrees 58 minutes 20 seconds) for 719.44 1.04 Ordinance No. Page 2 feet; thence on tangent to said curve for 365.95 feet to the point of beginning of Line 1 to be described; thence deflect to the left on a 12 degree 00 minute 00 second curve (delta angle 56 degrees 14 minutes 19 seconds) for 468.66 feet and there terminating); Line 2. Beginning at the point of intersection of the north line of Tract B hereinbefore described, with a line run parallel with and distant 20 feet easterly of Line 3 described below; thence run southerly and southwesterly on said 20 foot parallel line to a point thereon directly opposite (measured at right angles) of the point of termination of said Line 3; thence run westerly to a point distant 120 feet northwesterly (measured at right angles) of the point of beginning of Line 1 described above; thence run northwesterly to a point distant 130 feet northwesterly (measured at right angles) of the point of beginning of said Line 1 and there terminating; together with that part of Tract B hereinbefore described, which lies northerly of the last above described strip, easterly of a line run parallel with and distant 65 feet westerly of the following described line: Beginning at the point of intersection of the north line of said Tract B with Line 3 described below; thence run southerly on said Line 3 for 50 feet; thence continue southerly on the last described course for 100 feet and there terminating; Line 3. Beginning at a point on the east and west quarter line of said Section 23, distant 150.3 feet west of the east quarter corner thereof; thence run southerly parallel with the east line of said Section 23 for 132.82 feet; thence deflect to the left at an angle of 14 degrees 43 minutes 29.3 seconds for 203.64 feet; thence deflect to the right at an angle of 18 degrees 45 minutes 34.7 seconds for 220 feet; thence deflect to the right on a 14 degree 00 minute 00 second curve (delta angle 37 degrees 10 minutes 00 seconds) for 265.48 feet to a point of compound curvature; thence deflect to the right on a curve having a radius of 50 feet and a delta angle of 51 degrees 00 minutes 00 seconds for 44.51 feet and there terminating; and that part of Tract A described below: Tract A. Lot 5, Block 5, Donnay's Lakeview Manor Addition, according to the plat thereof on file and of record in the Office of the County Recorder in and for Anoka County, Minnesota, the title thereto being registered as evidenced by Certificate of Title No. 27488; 1.05 Ordinance No. Page 3 which lies within a distance of 20 feet easterly and 50 feet westerly of Line 1 described below: Line 1. Beginning at a point on the east and west quarter line of Section 23, Township 30 North, Range 24 West, distant 150.3 feet west of the east quarter corner thereof; thence run southerly and parallel with the east line of said Section 23 for 106.98 feet; thence deflect to the left on a curve� having a radius of 200 feet (delta angle 14 degrees 43 minutes 29.3 seconds) for 51.4 feet; thence on tangent to said curve for 144.76 feet; thence deflect to the right on a curve having a radius of 200 feet (delta angle 18 degrees 45 minutes 34.7 seconds) for 65.49 feet; thence on tangent to said curve for 186.96 feet and there terminating; together with a strip 15 feet in width adjoining and westerly of the above described strip: Beginning opposite a point on Line 1 described above, distant 303.14 feet southeasterly of its point of beginning (when measured along said Line 1 and extending southerly to the south line of the above described tract). Except that part lying easterly of a line described as commencing at a point on the north and south quarter line of said Section 23, distant 1442.83 feet north of the south quarter corner thereof, run northwesterly at an angle of 96 degrees 45 minutes 15 seconds from said north and south quarter line (measured from south to west) for 50.1 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 64 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 1320.45 feet; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 12 feet; thence deflect to the right at an angle of 90 degrees 00 minutes 00 seconds for 100 feet; thence deflect to the left on a OS degree 00 minute 00 second curve (delta angle 35 degrees 58 minutes 20 seconds) for 719.44 feet; thence on tangent to said curve for 365.95 feet; thence northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds for 120 feet to the point of beginning of the line to be described; thence northeasterly, deflecting to the right 90 degrees 00 minutes 00 seconds for 189.39 feet; thence northerly, deflecting to the left 48 degrees 53 minutes 59 seconds for 500 feet and said line there terminating. Also except that part lying northerly of a line described as commencing at the point of beginning of Line 1 described above; thence southerly, along said Line 1, a distance of 106.98 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 20_,„QO feet to the east line of the above described property; thence southerly a distance of 28.20 feet, along said east line of the above described property to the point of beginning of the 1.06 ,� Ordinance No. Page 4 line to be described; thence northwesterly, a distance of 71.07 feet to a point on the westerly line of the above described property distant 18.84 feet southerly of the northwest corner of the above described property, as measured along said westerly line, and said line there terminating. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City is hereby authorized to sell or enter into a contract to sell said property, except for the property described below which is to be retained by the City of, Fridley: � That part of Lot 5, Auditor's Subdivision No. 155, according to the recorded plat thereof, Anoka County, Minnesota, which lies southeasterly of Line 1 described below and northwesterly and westerly of Line 2 described below: Line 1: Commencing at a point on the north and south quarter line of Section 23, Township 30 north, Range 24 west, distant 1,507.28 feet north of the south quarter corner thereof; then southeasterly at an angle of 83 degrees 14 minutes 45 seconds from said north and south quarter Zine (measured from south to east) a distance of 1,370.95 feet; thence deflect to the left 90 degrees OO minutes 00 seconds a distance of 12 feet; thence deflect to the right 90 degrees 00 minutes 00 seconds a distance of 372.02 feet; thence deflect to the left 35 degrees 58 minutes 20 seconds a distance of 737.97 feet thereof; thence northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance 120 feet to the point of beginning of said Line 1; thence deflect ta the right 121 degrees �0 minutes 27 seconds a distance of 87.64 feet; thence northeasterly a distance of 234.99 feet along a curve not tangential with the last described line, said curve is concave to the northwest, has a radius of 400.26 feet, central angle of 33 degrees 38 minutes 15 seconds, and the chord of said curve deflects 65 degrees 17 minutes 55 seconds to the left from the last described line; thence deflect from said chord to the left 14 degrees 46 minutes 21 seconds a distance of 316.24 feet; thence deflect to the left 25 degrees 37 minutes 28 seconds a distance of 127.95 feet; thence deflect to the right 14 degrees 10 minutes 15 seconds a distance of 104.99 feet to the north line of Lot 5, Block 5, Donnay's Lakeview Manor Addition, according to the recorded plat thereof, Anoka County, Minnesota, and said Line 1 there terminating. Line 2: Commencing at a point on the north and south quarter line of Section 23, Township 30, Range 24 west, distant 1507.28 feet north of the 1.07 Ordinance No. Page 5 south quarter corner thereof; thence southeasterly at an angle of 83 degrees 14 minutes 45 seconds from said north and south quarter line (measured from south to east) for 1370.95 feet; thence deflect to the left 90 degrees 00 minutes 00 seconds a distance of 12 feet; thence deflect to the right 90 degrees 00 minutes 00 seconds a distance of , 372.02 feet; thence deflect to the left 35 degrees 58 minutes 20 seconds a distance of 737.97 feet; thence northwesterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 120 feet to the point of beginning of said Line 2 to be described; thence deflect to the right 90 degrees 00 minutes 00 seconds a distance of 189.39 feet; thence defalcate to the left 48 degrees 53 minutes 59 seconds a distance of 480.00 feet and said Line 2 there terminating. � Together with that part of Lot 5, Block 5, Donnay's Lakeview Manor Addition, according to the recorded plat thereof, Anoka County, Minnesota, which lies northeasterly and easterly of Line l described above and northwesterly of Line 2 described above and westerly,of Line 3 described below and southerly of Line 4 described below: Line 3: A line described as being 20 feet easterly of and p hereinafter referred to as Line A. Line A is descr at a point on the east and west quarter line of Sec 30 north, Range 24 west, distant 150.3 feet west of corner thereof; thence run southerly and parallel of said Section 23 for 106.98 feet; thence deflect tangential curve having a radius of 200 feet (delta 43 minutes 29.3 seconds) a distance of 51.40 feet; southeasterly, tangent to said curve a distance of deflect to the right on a tangential curve having a (delta angle 18 degrees 45 minutes 34.7 seconds) a feet; thence on tangent to said curve a distance of said Line A there terminating. Line 4: arallel with a line ibed as beginning tion 23, Township the east quarter with the east line to the left on a angle 14 degrees thence 144.76 feet; thence radius of 200 feet distance of 65.49 186.96 feet and Commencing at a point on the east and west quarter line of Section 23, Township 30 north, Range 24 west, distant 150.3 feet west of the east quarter corner thereof; thence run southerly and parallel with the east line of said Section 23 a distance of 106.98 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 20.00 feet to Line 3 described above; thence southerly a distance of 28.20 feet along said Line 3 to the point of beginning of Line 4 to be described; thence westerly, a distance of 71.07 feet to a point on a line 50 feet westerly of and parallel with Line A described above and distant 18.84 feet southerly of, as measured along last said parallel line, the northerly line of said Lot 5, Block 5, Donnay's Lakeview Manor Addition and said Line 4 there terminating. 1.08 Ordinance No. Page 6 All lying in the South Half of Section 23, T-30, R-24 City of Fridley, County of Anoka, Minnesota. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of said property. PASSED AND ADOPTFsD BY THB CITY COIINCIL OF THF: CITY OF FRIDLEY THIS 6th DAY OF APRIL, 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK March 16, 1998 Public Hearing: First Reading: March 16, 1998 Second Reading:April 6, 1998 Publication: NANCY J. JORGENSON - MAYOR 1.09 ' MEMORANDUM DEVELOPMENT DIRECTOR _ DATE: April 1, 1998 TO: William Burns, City Manager �� __ FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution authorizing access and use of right-of-way for Trunk Highway 65/Central Avenue/Lake Pointe Drive intersection improvement BACKGROUND At the March 16, 1998 meeting, the City Council passed Resolution Number 16 - 1998 which indicated that the City would grant the necessary right-of-way for the intersection improvements over an area which was turned back from MnDOT to the City in the early 1980's. The resolution also granted permission for temporary construction access during the intersection improvements. MnDOT staff has reviewed the Resolution, and requested the City to pass a resolution which does not contain reference to a future plat which would dedicate the necessary right-of-way. MnDOT staff wanted a definitive and affirmative statement that the area is dedicated for public use. � The attached resofution repeals the resolution adopted on NFarch 16, 1998 and contains the language requested by MnDOT staff. In addition, another Exhibit has been attached to the Resolution to also make an affirmative and definitive dedication statement for the right-of-way for the realignment of Lake Pointe Drive and West Moore Lake Drive. A similar resolution regarding this area was approved by the HRA at their January, 1998 meeting, and MnDOT stated that just the Council Resolution needs to be amended. 2.01 RECOMMENDATION Staff recommends that the City Council approve the attached Resolution which repeals Resolution No. 16 - 1998 and officially dedicates the necessary right-of-way for the Trunk Highway 65/Central Avenue/Lake Pointe Drive intersection improvements. BD:zs M-98-78 2.�2 � R$SOLIITION NO. - 1998 A RESOLUTION AIITHORIZING ACCf3SS AND USB OF RIGHT-OF- WAY FOR TH8 TH-65/CENTRAL AVENIIl3/LAK$ POINT$ DRIVE INTBRSLCTION IMPROVBMSNT, AND RBPSALING R$SOLUTION No. 16 - 1998 WHEREAS, on March 14, 1997, the Fridley HRA approved a contract with Short,-Eliot, Hendrickson to complete the final design and specifications for the intersection project, and WHEREAS, the City of Fridley has received federal funding to construct the project; and WHEREAS, the reconstruction of Highway 65, Lake Pointe Drive, and West Moore Lake Drive requires that certain areas of land adjacent to and within the Fridley Executive Center Site be used for right-of-way purposes and construction access; and WHEREAS, the limits of the proposed right-of-way areas and construction areas are identified on Exhibits A and B of the Resolution attached hereto; and WHEREAS, the City of Fridley agrees to permit construction vehicles to access the area identified on Exhibits A and B in order to complete the final improvements as outlined in the final plans; and WHEREAS, the City Council passed a similar resolution on March 16, 1998, adopted as Resolution No. 16 - 1998; and WHEREAS, the Minnesota Department of Transportation has requested that the resolution be clarified. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby dedicates the necessary area for the Trunk Highway 65/Central Avenue/Lake Pointe Drive intersection improvements as indicated as Permanent Right of Way on Exhibits A and B, and also authorizes access for construction vehicles to complete the improvement as indicated in the attached Exhibits as Temporary Right of Way. BE IT FURTHER RESOLVED, that Resolution No. 16 - 1998 is hereby repealed. 2.03 * PASSLD AND ADOPT$D BY TH$ CITY COIINCIL OF THL CITY OF FRIDLSY THIS 6°h DAY OF APRIL, 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK �.04 NANCY J. 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Y c � a a . vi � , �, �_ � o •�° �, t �ff � o� U O ON a a vi � C � � r � � W u ' i ' � W � W o � �3 0 o° i ,,o . n�f .=� ;e �O�S ao � � W y � 0 i � � � � � � � � O 1 u� �� a E � o ��:� a : 'I■ �I 0 CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 18,1998 . � �;� ; Chairperson Savage called the March 18, 1998, Planning Commission meeting to order at 7:30 p.m. .� . � - Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Larry Kuechle Members Absent: None Others Present: Scott Hickok, Planning Coordinator Paul Tatting, Planning Assistant Walter Klus, W. W. Klus Realty, Inc. M. Richards, Express Auto Sales & Leasing William Hogan, 365 Mississippi Street N.E. Craig Christensen. Semper Development . -- .- • ••• - �.. . ��►� •► ►t ► � � � � � � � � � itl ltC �r� �s-a�u.�..�� "_ _ -_ _ MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the March 18, 1998, Planning Commission minutes as written. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING CONSIDERATION OF A VACATION REQUEST. SAV #98- Q1 BY SEMPER ' To vacate a five foot wide drainage and utility easement on Lots 13-16, Block._3, Rice Creek Terrace, Plat 2, to allow the construction of a new Walgreen's store, located at 6525 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING A LEC HEA'R NG OPEN AT 7 33 P.M �RED THE MOTION CARRIED AND THE PUB Mr. Tatting stated the request by Semper Development is to vacate a 5-foot drainage and utility easement at 6525 Univers�ty Avenue to allow the construction of a new 13,900 square foot Walgreen's store at the site. Mr. Tatting stated the site is zoned S-2, Redevelopment District. The zoning to the north is R-1, Single Family; to the east is R-1, Single Family; to the south is S-2. Redevelopment Distnct; and to the west is C-3, General Shopping Center District. The lot size is 2.6 acres. Mr. Tatting stated the former building was 20-feet from the property line and easement. The development is two plats, and the existinq east/west easement divides the property 3.01 PLANNING COMMISSION MEETING. MARCH 18,,1998 PAGE 2 in half. The former building was not in the easement area. The ovefiead utility lines were located in the easement and ran to a city street light on 66th Avenue N.E. The overhead utility lines have been moved to now run north/south along the eastem property line to connect with the street light on 66th Avenue. Mr. Tatting stated the proposed construction would take place over the existing easement area. The City is not using this easement for any utilities. The storm sewers are in the street right-of-way. Minnegasco does not use the existing easement either. U. S. West and Paragon Cable use the overhead wires but service stops at the last pole before the proposed building. NSP is using the ovefiead lines for the street light. Mr. Tatting stated the former building was 14,500 square feet. The proposed building is 13,905 square feet. The proposed building site has been moved so that it would now be located on both sides of the existing easement. The site plan shows the building, parking, lighting and landscaping within the easement area. The easement is not necessary for future City or gas utilities, and its vacation would allow for the redevelopment of the property. Mr. Tatting stated staff recommends approval of the vacation request with the following stipulations: The vacation may be approved in one of finro ways: The first is: . 1. The eastem most five feet shall not be vacated. 2. The overhead utility lines that run to the city light pole, located north of the westem extent of the site, shall be buried before the Certificate of Occupancy is issued. The applicant shall provide the City with a copy of the utility easement agreement befinreen them and NSP. The second is: 1.. A 10-foot easement along the east property line of Lot 12, Block 3, Rice Creek Terrace Plat 2, shall be granted for drainage and utilities. __ 2. The easement shall be defined and recorded before the Certificate of Occupancy is issued for the new building. 3. The overhead utility lines that run north from the utility pole at the southeast comer of Lot 13, Block 3, Rice Creek Terrace Plat 2, shall be buried before the Certificate of Occupancy is issued for the new building. Mr. Sielaff stated the City is creating an easement, and asked what approvals are needed to do sa Mr. Tatting stated this is an agreement between the City and the property owner which must be recorded with the property. Mr. Sielaff asked if the Commission was approving the vacation of one easement and the creation of another easement. 3.02 PLAhNING COMMISSION MEETING MARCH 18,1998 PAGE 3 Mr. Tatting stated, yes. The existing easUwest easement would be vacated, and a new north/south easement would be created for utilities. The new area for utilities would need to be defined and recorded with the property. Mr. Christensen stated the vacation should have been done when they went through the process initially. That was an oversight. They are asking the City to vacate because the easement was created when the lot was originally platted. If an easement was created privately, they would have to deal with the owners. In a nutshell, they are asking the City to relocate an easement so the existing one is not under the building. Ms. Savage asked if the petitioner had any problems with the stipulations. Mr. Christensen stated the platted easement is a drainage and utility easement. It has never been used for drainage. He did not know that the grading plan would create a drainage situation on the new easement. He would suggest leavmg out the "drainage" part and just making it a"utility easement". Ms. Savage asked staff to respond to that request. Mr. Tatting stated that could be done. It seems the biggest issue is the utility line itself. Mr. Christensen stated that other than that, they are fine with the other stipulations. Mr. Sielaff asked if the grading plan was such that there is a retention basin. Mr. Tatting stated, yes. A retention pond would be located to the north. The relocated easement would be along the easterly property line. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. Mr. Kondrick stated he had no problem with the request. This cleans up paperwork and creates a reasonable easement for utilities. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of Vacation Request, SAV #98-01, by Semper Development, Ltd., to vacate a five foot wide drainage and utility easement on Lots 13-16� Block 3, Rice Creek Terrace, Plat 2, to allow the construction of a new Walgreen's store, located at 6525 University Avenue N.E., with the following stipulations: 1. A 10-foot easement along the east property line of Lot 12. Block 3, Rice Creek Terrace Plat 2, shall be granted for utilities. 2. The easement shall be defined and recorded before the Certificate of Occupancy is issued for the new building. 3. The overhead utility lines that run north from the utility pole at the southeast comer of Lot 13, Block 3, Rice Creek Terrace Plat 2, shall be buried before the Certificate of Occupancy is issued for the new building. 3.03 \ \ �llll � \ 1L \ lL�i i ��• UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Tatting stated the City Council wouid consider this request on April 6. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #98- 04. BY ANGELES MORTGAGE INVESTMENT TRUSTM/. W. KLUS REALTY. LN�.: To permit the sale of automobiles on Lots 4, 5, 6, 7, and 8, at Block 3, University Industrial Park, generally located at 7920 and 7976 University Avenue N.E. Mr. Klus stated he was not aware of the disagreement on the parking. . If he had known that, he would have met with staff and would not have come to the meeting. tn October, their architect talked with Ms. McPherson and, at that time, they thought they were over- parked. He finds out now they are under-parked which makes his coming to the meeting somewhat academic. He would like to have another meeting date to give them time to work on this and to provide time to work with staff. He believed this can be worked out. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to table consideration of Special Use Permit, SP #98-04, to April 1, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RF(:F�vF THE MINUTES OF THE ENVIRONMENTAL QUALITY & ENERGY [=nMMISSION MEETING OF FEBRUARY 17. 1998 MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting of February 17, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE PARKS & RECREATION GOMMISSION MEETING OF FEBRUARY 2. 1998 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of February 2, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF FEBRUARY 25. 1998 MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes of the Appeals Commission meeting of February 25, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3.04 1 V � ll ll � \ ll _ A Il � ► ■ � � � 6. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF FEBRUARY 19. 1998 MOTION by Mr. Saba, seconded by Ms. Modig, to receive the minutes of the Housing & Redevelopment Authority meeting of February 19, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. QTHER BUSINESS: Mr. Hickok provided an update on City Council actions. ADJOURNMENT MOTION by Mr. Saba, seconded by Mr. Kondrick, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MARCH 18,1998, PLANNING COMMISSION MEETING ADJOURNED AT 7:58 P.M. Respectfully submitted, Lavonn Cooper Recording Secretary 3.05 � � s MEMORANDUM PLAS�INING DIVISION DATE: April 2, 1998 i�'. TO: William W. Bums, City Manager �1`� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Property Located at 8100 East River Road - Transfer of Easement Anoka County continues to move forward with its plans to improve the northemmost portion of East River Road in Fridley. In conjunction with its efforts, County Attomey Robert M.A. Johnson, contacted our staff regarding a 17' street, utility, bikeway/walkway easement that was conveyed to the City by Midwest Super Stop, Inc. in 1991. Mr. Johnson has asked if the City would be willing to convey that easement to the County through a quit claim deed. The easement runs north and south, along the entire east property line of the Texaco Station, at 8100 East River Road. We have confirmed that this conveyance will not pose any issues for our Public Works Department, and. the department concurs with Mr. Johnson's position that this should be conveyed to Anoka County. STAFF RECOMMENDATION Staff recommends that the City Council convey the 17-foot street, utility, and bikewaytwalkway easement over that portion of Tracts A and B, Registered Land Survey No. 125, Anoka County, Minnesota, lying Northeasterly of the following described line: Commencing at a point on the Northwesterly lot line of Tract A, Registered Land Survey No. 125, Anoka County, Minnesota 17 feet Southwest of the Northwest comer of said Tract A, Registered Land Survey No. 125, thence south 14 degrees 42 minutes 20 seconds East to a point on the South line of Tract B, Registered Land Survey No. 125, Anoka County, Minnesota and there terminating. 4.01 (�UIT CIA1M DfiED Corpontbn or Prrtne�ship to Corpontloo or Partnership No delinquent taxes md tramfer ente�ed; CeRificate of Real FataOe Value ( ) 61ed ( ) uot requited CeRificate of Reai Fstate Vatue Na 19_ County Audifa By: �P�h STA'IE DEED TAX DUE HEREON: S I (reserved for rc,eording data) Date: . 19__ FOR VALUABLE CONSIDERATION, t6e City of Fridley, a Municipal Corporation, under the laws of t6e State of Minnesota, Grantor, beieby conveys and quitclaims to the County of Anoka, a political subdivision of the State of Minnesota, Grantee, real property in Anoka County, Minnesota, described as foilows: A 17-foot street, udlity, and bikea+ay/walkway easement over lhat portion of Tracts A and B, Registered Land Survey No. 125, Anoka County, Minnesota, lying Northeastedy of the following described line: Commencing at a point on t6e Northwesterly lot line of Tract A, Registered Land Sucvey No. 125, Anoka County; Minnesota 17 feet Southwest of the NoRheast corter of said Tract A, Registered L.and Survey No. 125, t6ence South 14 degrees, 42 minutes, 20 sxonds East to a point on the South line of Tract B, Registeced Land Surveny No. 125, Anoka County, Minnesota and lhere terminating. together with all heteditaments and appurtenances belonging thereto. A/fcr Deed Taz Stomp Here STATE OF M[NNESOTA ) ) COUNTY OF ANOKA ) The foregoing was acknowledged before me this day of , the and under the laws of the State of Minnesota, on be6alf of the _, Natarral S�amp or Seal (or other title or rank) Thislnstrument WasDmfked By: Anoka County Attorney's Oftice Anoka County Government Center 2100 Third Avenue Anoka, Minnesota 55303 By: j�s: Mayor By: Its: City Clerk , 19_� by and of . a Signature of person taldng aclmowledgment SEND TAX STATEMENTS TO: County ofAnokn Highway Department Government Center 2100 Third Avenue Anoka, MN 55303 4.02 � 1 Scott Hickok Planning Coordinator City of Fridley 6432 University Avenue N.E. Fridley, Minnesota 55432 ANOKA COUNTY ATTORNEY ROBERT M.A. JOHNSON Government Center ♦ 2100 Third Avenue ♦ Anoka, MN 55303-2265 Administration Civil Division Family Law & Mental Health Division (612)323-5550 (612)422-7589 Fax Re: Property Located a 8100 East River Road, Fridley Transfer of Easement Dear NIr. Hickok: Criminal Division Investigation Division Juvenile Division Victim-Witness Services (612) 323-5586 (612) 422-7524 Fax March 2,1998 I am writing to follow up on my telephone conversation with Barbara Dacy, Com:nunity Development Director, during which we discussed the conveyance of an easement owned b}' the City of Fridley to the County of Anoka. Because Ms. Dacy is going on vacation, she has asked me to direct this letter to you. By a Quit Claim Deed dated August 8, 1991, Midwest Super Stop, Inc., conveyed to the City of Fridley, a 17-foot street, utility and bikeway/walkway easement over a portion of tracts A and B, Registered Land Survey No. 125, Anoka County, Minnesota. A copy this deed is enclosed for reference. I have also enclosed a sketch of the subject parcel wluch includes the location of the 17 ft. easement. The County is in the process of determining its right-of-way needs in the vicinity of this propeRy for construction of certain improvements to East River Road To facilitate the construction of the improvements, the County is . requesting that the City of Fridley transfer this easement to the County. To transfer the easement, I have prepared the enclosed Quit Claim Deed I would be appreciate if you could put this on the next City Council agenda for approval of the conveyance of the easement to the County. If you have any questions regarding this matter, please do not hesitate to call. � Sincerely, � _ _ � '` . _ _� �� ' •_!- � '�- °- .�---� ".`�- �--- Dan Klint � ' Assistant Anoka County Attorney DK:kh enclosures cc: Doug Fischer, Assistant County Engineer ____ Mike Kelly, Chief Right-of-Way Agent 4�03 Affirmative Action / Equal Opportunity Employer .:>-r..�- ,-�.. ��r. -.�� r�. ,x1.a� y . "' i'� i- �� T��d. � � r F � Y.� '. _ � �LiJ� � w s«�w..»M-antcurroteo r.......r.r..�c........ww.r.ussn Ca,V�Mw M I��O M C�rwr�w a /�v.�.w� �o de4nquent ta:n Md ttander entend: t;M�fnte� �ot Rni E�hte Valw 1 1 fiteJ 1 ) not required •' Certtfiestt nt Resl6st�te Vdue No..� _ --- - _. 19 _._ � '� � � i— '- - — County Auditoo � by � �� 5i,1TE DEFD TAK DUP. N�REON: E �� Date:.� __ ..LN'' ��- � _ . 19 g 1 � i ` r� D�.' t+ W�M+ � FOR YALUABLE COYSIDERATION. Midwest S�per Ston, Inc. , corpotation under tl�e L.n of e a �G��by��yW�to t e�Ci- t�oE Fridley ` , Gnntee. � Mu�icir�Titv underthelawsof Minneso�a ,ieaFFSOpaty4n Ano tj�"a Countr. Minnesota, d�scribed ar foUows: A t7-toot serect, utility, and bikerray/walkway eas�:ment over that portion of Tracts A and 8, Registered Land Survey No. 125, Anoka Cocnty, Mir.nesota, lying Northeasterly of the following described Iines Commencing at a hoint on ehe Northwesterly lot line of Tract A, Regi�teiCd I,and Survpy No. 125, Ar.oka Couaty, Minnesota 17 feet 5�uet.wesc o[ [he Northeast corner of said Tract A, Registered Land Sut•vey No. 125, chence South 11 deyrees, 42 minutes, 20 seconds E�s* to r�oint on tl.e South line of Tract B, Rsqistcred Land Survey No. t25, Anoka Covnty, Niniesota and there terminating. The City of Frid2ey h_reby accepts ..�is easement for the above- m•�nt i�ncd (�UC[)OSCA. J� � ��_ �Nma..o.e.Me..ae,wwerw.«�a«tlShlrley A. Haapala - . _,_�ther �rith �U hrrndit+mrn4 and �ppu�tenances belonpn� tlieieto. City Clerk �'" � �� •�•��• ��'�S Midr+est Super Stoe. Inc. wd �.. b..e. .� t �� V5 D,: � � A� �� w��M d i �i !'_��__-.at. BY 1 ly Pzesi n �A �..? � v�' � V'ur! �+� A�� +�N� ��Iy o /�%Iwb/r.br B� M �� . l�� Dew1� �4 . 1ATl�/Mfs�Ir THE TOT�I CONSIOERATtON FOR TNIS COUYTY OF �►y�� }�. T��A OF PROPERTY iS f500 pR LESS Th� fote�oins w�s �eknowbdpd I:titos� m� tLis g� dap ol�� .19�1 , �y Bcrnadae�n J. Benson 7� , �� rc� �ciTent �y of •��wc9t Su k� Sta Inc. undec the laws ol l�innes�er , oo behalf of �OTARIwL �Twf1f Ow �tAL IOR OTMl� TKLt Ot LAMK) I � � liOl1 TiTt 07 f N TA[D�O 110MLtD t11T ;' 6110RIw l OOMNfR . Tu �e�� M�M /wM� �wM�M 1� YY 'MW ��~ NO:YtthJBl�G-MINNEmG . Mwtu(IWr�w��N�nr�tO�k "�� I City of Fridley � �'�°�"�"�E��`� . 6431 University Avenue :. , + Friuley, MiV 55432 • , tMHI!�fTRlM1[MTrAiDAAI�Lp�701A11SAMDADOAI7�ls' . • . Price � Bruna, Ltd. 1�00 Silver twike Road S::ite IC2 New Briyhton, MN SSI12 ��.� : . LF ?.f,�,':.�' k . � . .. �� r � Y ?; j ENTERED � 1• IS 194� �,aL.-_•._�.'i M �+ � — Aud.br, Moka CcuMy gY_ �. ��_11��yQem�Fi __ ____ 4.04 , � . -� � .� �.� ;ir- •� i: . �: .� � '� ' _ `� .� i � �� !r 2- � yI � � :1. � �1 Y m � � a �:r �4�i:_. .r f• _ • , � . . , _. . ' i1 �'�-._ � � � �� 9 � a�� a :� I � �' � a �� Q_ � � O C �«��• � u1��r� �� 4 c � � �;�MV � � � L �i +► - .� _ � O�uir i 1s'9�:�aa0 z fis.00 e _ _ _ ___ _ 4 � 4.05 _ ___ . . j � ` � . . . - 1.'� - � � . I : ' ' , ' _ . . � . �_. �.t. 'i•� � ,' I N � . N � o� �, � � , H I N .,., o a°� „' 'r '� i�� yy ++ � C C C3L S O .�+ �o•>s r a... r o d C N �. • Yl Y G O ir�r u0 7 Y � Y a � H O. < � Z �, . � � � —y �� 1'1 � � � �� i � ' I '� _-- _�- d � _ � , �� ` \_N� / b ` Y� _�.� _ /� 1 ;� � �J �� `I � \\ • \ ,°'G� �� Li! ;,,-� p G �� 8 � , �� '� 0 3 1 . (4 5 L 1y� � '` l ll �' 1 ��` � � �,L� �' � � �� 1 �,, �. � � � �. �. � � 'Y'� lJ � :� = oo \, J S r'1 ��} H `\� ;,\\`,\\`\\\\\` . \ . � .. \ �,• . \ ` /_ _1 �� \•;�; \•\:' � �� i I: �' _ ��I� 1NOW�Ib'. �-- � -- — f IF t 1 1 t''S i � 1. � ��, � �` }� 1 1 � � t�` � , � ��, � 1 - � `1+ tt � � t, y ,1`•ti 1 � , 1ti t ''�,t 1 �'��,1 1 ' s �t _ , ti — 4.os a � , I� � , 1 l �:. t ''` -. � � �� ;' ; �.� �`,, / , �'',t � � � �`. � ,• 1•' �. 1 •!•��' `� , ,, r •.�i` � � i � ' �� - '"' , f -- ,i'J� f - � � _/`�\ \d _- � .� No V v � � .�--�� l--� � � L� �� O� Z `. �s.. �J � � -� �.� �`�� .y ;,� .� ti L -,.. � ,n \� L a �'4. � 0.� t` �� ' ti '� y'ti �� ''`; �, �, ,��.� .� r , ��- � `•,�: � � �, �, .� ,,- � ' � t ' •--f' i � 5i �1 �V �'t1� . l�� `t 1 � � ��1 / fl ,t'111 Jfi � � . �� 1 � � -� � S%U t. J = a ,� 3 S �1 ��r H •= �'� �,;,� ;: �. ..� � ;. � .: ��., : � .; ., � � � ; � ��.�.�� : ...,,,. � �� - -�---_ ��1��1� 1NOW�Id_ �- 7,: 1 ; � �, , '1, � � � � ' l �5 �i 1�S � � �_ l �' `` t T 1 11 i � �' �� y�y,�..,� \. . . �_1 _ � . �) L--' � ��} ,'� 1 . _ � '��,� . '• 5 � ,4'�� t . �� ' yt , ,, - -- -. ___ _., , . . . -5-. . _ . . .... 4.07 t` � � ' --�_ ti�\ `` l �,1 j �'�, � � � 7. z �� i�, ��IYt�. �. � �i/�ui: �: Co�cil ac3�pted a massage ordinance to cor,trol this kind of operatio at Y:ad saae addition� affect. Rece*:tZy, the State Public�s + ce statute further aided what they alreac�; had on the books. Zhi�urth thing tiie1 are doing is the "Houses of Prostitutior,: Public Nuisar.ce" ordinance theg are adopting now. He stated no other city ur-£he state has adopted this ordinance so they are "glvwing new groun�". Zhere is going to be a sizable cost burden to the comm�:nity to;get this ordinance tested through the courts. He stated the picketi�g by the citizens actually makes this a 5-pronged approach and gives.tiie city further help in getting this o�eration closed dpwn. 'Ihe a.ty has already eliminated a ntunber of these kinds of businesses. Once the�r have el iminated this business, with all the ordinances, hopef ully, it will give the city enough resources to discourage ariyone eZ se f rc� mav ir.g into thi s oorununity. M�TZpN by Councilman Hanernik to waive the second reading of the Plew Cha�ter 126 entitled "Houses of Prostitutior.: Public Nuisar.ce" and adapt it on the secancl reading and order publication. Seconded by Cpuncilman Fitzpa�rick. _�Fon a voice vote, aIl votir.g aye, Mayor Nee declarea the motion carrieC unanimously. Mr. Fl.ora stated this iten c3eals with the prorerty on the southwest corner of FaiIInont and East River Rr�ad. It is proposea to car,vert the old se:vice station into a convenience store with gasoline punps. Tne Planr�ing Cc�unission reca�nended appraral with eight stipulations. He outlinec these sti�ations. Mr. Flora stated the ��.etitiorsers have obtair.eci a landscape plar. whic'r. will �ver the area. Zhel have agreed to prwide a 17 ft, ease�ent alor:g East P.iver P:cad, to relocate the entrance on Fai rmont f ur ther to the wesL, to imprwe the extericr of the builcLng, and to satisfy all the stipula�ions recaaner.ded by the Planring Cc�uaission. He statect the Councilman f ron the ward did not object to bringing this request back to the Ci.ty Council since the petitioners were interested in starting construction this year. That was the reason it was p�.t on the agenda for consideration zt this neeting. r+.s. Pat Holcamb stated she and her partner, Bernadette Benson, were with N':i�west S�per Stop. In talking with Mr. Flora, they car��e to a decision on t�ost of the landscaring, the movenent of drivEw��s, and a11 the stiFulations recaRUnenaed by the Planring Caranission. Zhey wish to re-en�asize tf!at thel will be opening a far:ily store. There was sone discussion earlier about childrer: being allowed to Ioiter at the store. She statecl they do not see the loitering of anyone as conducive to their business and would not allaw it. �hey wish to run a fanily store that will service the cor,ununity, a place where childrer. and families can oane without any fear o� any pro�lans. Council�ran FitzFatrick stated he has had sane great reservations ahout the traffic problen here; hvwever, he did not intend to substitute his judger�ent for the unanimous recommendation of the Planning Commissior,, and -11- _ � 1 : ■� i �� yl7i� /�. �i � �J�.'8y1: 71� � �� reca;4nenclation of Staff, and perhaFs sone of his fellaa councilmen. 1K�TICi�3 by Co�cils�an FitzFatrick ta cor.cur with the recommendation of the Planning Coma'.ission to grant special use pernit request, SP #84-16, to allaa gasolir�e service along with a canvenie�ce store at 8100 East River Road by Patricia Aoloomb and Bernadette Benson, with the follaaing stipulations: 1. Apglicant to work with the City on finalization and approval of landscape/site plan 2. Test and/or replace all �mdergro�md tanks 3. Prwide interior ooncrete curbing � 4. Extend fence along residential area on the south to east property line (to be 4 ft, high in frorit yard; 6 ft. in other yards) 5. Pravide a 17 ft, road ease�nent along East River Road for possible t:se tn� the Co�mty 6. StriFe garkir.g lot 7. Prwide a 55,000 performa.nce bond prior to issuance of buildir.g pernit 8. �gineerir.g staff to loak at tne ingress and egress of the groFerty for rec�-unendatior.s on trafric flaa 9. Refurbish facade as per glan Seconded I� CA�cil�r�a.^. Schneider. Nr. Monte Carpenter, 8I31 Fainnont Circle, stated he had no proble� with the special use Fermit, tx:t he did want to express a concern about the area jl:st rx�rch of this location at wn� ch there is a grocery store and laundronat. �he access to East River P.aad fra,. tneir �rking lots is oanpletely open for a full block. He has lived here for 10 years and has seen numerous accidents along there. He wondered if the City Council would consider ir.cluding that iss� in their consideration of a traffic st�dy. Mayor Nee stated the Staff has been working on that along with Anoka Gounty. �he Co�cil was aware of that probl�. �uncilman Fitz�trick had been vEry concerneci about the traffic probleas. Upon a voice vote, all votir.g aye, Mayor Nee declarec the motion carried unanimouslv. 8. OJr1SIDERATION OF L� SFLIT P.F�j�'ST, L S �84-09 FQR A I�kl BUZLDING SITE AT - --- ----- ------- .-,...,..,...,.,., „� �r,v,rr, imrnr rn i n /� c /o� � . Mr. Flora stated this Farticular item was the lot spli northerly Fortion of the property on the south of 61st Way bounded by Bur r. Northern railroad tracks and East River Raad. Zhe proposal is to canstruct _��_ 4.09 DESCRIPTION OF REQUEST: Semper Development, Ltd. is requesting the vacation of a five foot wide drainage and utility easement on Lots 13-16, Block 3, Rice Creek Terrace Plat 2. The vacation of the easement will allow the construction of new Walgreens store at the site. The proposed building will be 13,905 square feet in size and is located at 6525 University Avenue NE. SUMMARY OF ISSUES: The existing drainage and utility easement is 5 feet by 300 feet. T'he petitioner has proposed. Yocating a Walgreens store within the easement. The City is not using this easement for its utilities. However, Northern States Power uses the easement area for overhead utility lines. The overhead utilities formerly ran over this property, but have been diverted to run north and then west along the south side of 66`� Avenue NE, where they connect with a utility light pole. PLAN1vING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: '- 1. That a ten foot easement along the east property line of Lot 13 Block 3, Rice Creek Terrace Plat 2 be granted for utilities; 2. That the easement be defined and recorded before the Certificate of Occupancy is issued for the new building; 3. That the overhead utility lines that run north from the utility pole at southeast corner of Lot 13 Block 3, Rice Creek Terrace Plat 2 shall be buried before the Certificate of Occupancy is issued for the new building. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 5.01 StaffReport SAV #98-01, 6525 University Ave NE Page 2 PROJECT DETAI .S Pet�tion For: Vacation of a 5 foot by 300 foot drainage and utility easement. Location of Property: 6525 University Avenue NE Legal Description of Property: Lots 13-16, Block 3, Rice Creek Tenace Plat 2 Lot Size: 113,844 square feet; 2.61 acres Topographyr Flat Existing Vegetation: Typical suburban; sod, shrubs, trees Existing Zoning/Platting: S-2, Redevelopment District; Rice Creek Terrace Plat 1& Plat 2 Availability of Municipal City watermain to the north; 66�' Ave. R-of-W . Utilities: City sanitary sewer and storm sewer to the south, University Ave. R-of-W Vehicular Access: Mississippi Street, two ingress/egress points Pedestrian Access: Mississippi Street Site Planning Issues: Replacement of easement Comprehensive Planning Issues: Zoning and the Comprehensive Plan aze consistent in this location. Public Hearing Comments: None rJ.�2 Staff Report SAV #98-01, 6525 University Ave NE Page 3 1 �'�1 �M ;_� • � Semper Development, Ltd. is requesting the vacation of a five foot wide drainage and utility easement on Lots 13-16, Block 3, Rice Creek Terrace Plat 2. The vacation of the easement will allow the construction of a new Walgreens store at the site. The proposed building will be 13,905 square feet in size and located at 6525 University Avenue NE. (See Attachment A) � :.1' • � I �� • : The site to be developed consists of Lots 13-16, Block 3, Rice Creek Terrace Plat 2 and Lots 9-12, Block 2, Rice Creek Terrace Plat 1. A building on the site was torn down in February of 1998. The former building had housed such businesses as Red Owl Foods, 10,000 Auto Parts, United Furniture Liquidators, Kokesh Motorcycles and The Gym. The site is presently being regraded for a proposed new commercial structure. The proposed Walgreens building is 103 feet by 135 feet with a footprint of approximately 13,905 square feet. ADJACENT SITES NORTH: Zoning: EAST: Zoning: SOUTH: Zoning: ./ � _► �- -- R-1, Single Family R-1, Single Family Land Use: Residential Land Use: Residential S-2, Redevelopment District Land Use: Offices Zoning: C-3, General Shopping Land Use: Shopping Center The existing drainage and utility easement is 5 feet by 300 feet and runs through the middle of the redevelopment site from east to west. The petitioner has proposed locating a Walgreens store in the easement. The City is not using this easement for its utilities. Northern States Power had been using the easement for overhead utility lines. Paragon Cable did not use the easement area over the site in question, but they do use the 5 foot easement area directly to the east of the site. In order for the site to be regraded, the overhead utilities have been diverted to run north and west, where they connect with a utility light pole south of 66�' Avenue NE. Two utility poles have been erected to the north of the site along the south boulevard of 66�' Avenue NE. 5.03 Staff Report SAV #98-01, 6525 University Ave NE Page 4 ' _ �_�!�l1� � u�u� • ► ' __ • �i��_ �� • The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. That a ten foot easement along the east property line of Lot 13 Block 3, Rice Creek Terrace Plat 2 be granted for utilities; 2. That the easement be defined and recorded before the Certificate of Occupancy is issued for the new building; 3. That the overhead utility lines that run north from the utility pole at southeast corner of Lot 13 Block 3, Rice Creek Terrace Plat 2 shall be buried before the Certificate of Occupancy is issued for the new building. • 1� ' � ►�I� ►!� �_ • � Staff recommends that the City Council concur with the Planning Commission action. 4 _ _. __ 5.04 RESOLUTION NO. -1998 A RESOULTION APPROVING A VACATION, SAV #98-01, GENERALLY LOCATED AT 6525 UNIVERSITY AVENUE N.E. WHEREAS, the Planning Commission held a public hearing on the vacation, SAV #98-01, on March 18, 1998 and recommended approval to vacate: The South 5.00 feet of Lots 13,14,15,and 16, Biock 3, Rice Creek Terrace, Plat 2, Anoka County, Minnesota - WHEREAS, The City Councii at their April 6, 1998 meeting approved the vacation request, with stipulations attached as Exhibit A. WHEREAS, the vacation request has been made in conformance with Minnesota t t and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT REOLVED, that the City Council of the City of Fridley hereby approves the vacation, SAV #98-01, and authorizes the City Clerk to amend Appendix C of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5.05 NANCY J. JORGENSON - MAYOR Resolution No. - Page 2 Exhibit A 1. That a 10' easement along the east property line of Lot 13, Block 3, Rice Creek Terrace Plat 2 be granted for utilities; 2. That the easement be defined and recorded before the Certificate of Occupancy is issued for the new building; 3. That the overhead utility lines that run north from the utility pole at the southeast corner of Lot 13, Block 3, Rice Creek Terrace, Plat 2, shall be buried before the Certificate of Occupancy is issued for the new building. 5.06 . � s � _ I � H3} -_' r. - - -� —`— — — — — ,,, �,� , w Z ' � ` ' L�. �o , . �' •_� r �i. • •, � ,- ; �� o0 . t_' _ ,`; i �o �t_ i Q1 �� /�+' l � L1- �. ___-__� �� W ` � . 1 �� . .GbM�11tl0 l 1 J '9i �.:'�NIfY116 � ................ � �O'O- ae sr �' 431d�143C1 38 O1.1N3W3S�d3 b`�; w�r , Sl10111/1l1119 �� •9 ��.9 kF � Sl10� .�,�� . �v,, . � r� ir♦ f �i N�yf � � �� `--- � - - i // oe�a�:t��-�.+-.�` ��e r •�� . �li �sl.� v � 1-... o � .UO f6 �IY:D i. , •� - - �� . �� ^ �� i �i � •a2 ` • �O r�--.00'fC— '' � 1 :�: i � � G�; ' i —� f�� ,� - � �� ° s� _ ! � : � .i � Z ` �` / '•� � • � , � �' +� � ra � � o�R' � 3 •, a� n � �� Pa F6 �MD� �� _ � u�i � � � C; �� m�n .t( � �� INO • •L�► :� $I U�a . .1 � � \ �.t( I '.r � y• < � � ' .� „�? � . ► , • �; �`!ryr` I _p, • f!d :u ?--STS-- �• _ � _ 12"RCP - ------------ ---- - - _'� 3� , � � � ! r`Sn �B u � �1 � `W � o �r ° ,mi,y m � , rr � .t " r1 � i I C'011 T1i � W c � � � "II\ . �{ � I� � JY (� -f=1 J- vl °3�y�. 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I I I � � ,. �' �_ �� T ��,' �' 7 - I _, � I � _=�=� ,�, I �� 1 ., �� / � � - �I10�/� : "��. . 1�� 1�� 1� '� �r - � � ii �� -. ,z. �� ' �. , : ,... . ••-�-�, � �� ' _ � � �� '� � �f: ��. � � � '� "�+� � - �,� ; „ �° _�, ,�' - . ._�� -. _ � a�.��_ _ �� ;� .. � ,:�,� ti: � �� ;. � DESCRIPTION OF REQUEST: Kim Miller is requesting a variance be granted to reduce the front yard setback from 80 feet to 37 feet. If the variance is approved, the petitioner would be allowed to construct a 6 foot by 34 foot addition along the south side of the existing Miller Funeral Home structure, located at 6210 Highway 65. HARDSHIP STATEMENT: "Change usage of building to single locale requires more storage/viewing space." In the mid 1990s, Miller Funeral Homes, Inc. sold two of its locations, retaining only the Fridley site. Due to this occurrence and OSHA regulations regarding embalming, they have had to maximize the use of the space within the building. The variance would allow more efficient use of the interior for gatherings and storage. SUMMARY OF ISSUES: Section 205.15.03.C.(1) of the Fridley Zoning Code requires permitted structures to be a minimum of 80 feet from any public right-of way. The petitioner's building proposal will convert a variety of storage areas within the principal building to assembly space for mourners and family members. Portions of the existing building are currently 37 feet from the front yard. This request will fill in an area that is 34 feet by 6 feet to this same setback. This front yard setback variance was approved the Appeals Commission and the Crty Council in 1996, however the petitioner did not begin construction or ask for an extension of the variance. Therefore, the time period for the variance has lapsed and it is no longer valid. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff recommended that the Appeals Commission approve the variance with the stipulation that the petitioner grant a 10 foot easement adjacent to the existing drainage easement to provide access to a sewage pumping station. APPEALS COMMISSION RECOMMENDATION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulation recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission recommendation. 6.01 Staff Report VAR #98-04, 6210 Highway 65 NE Page 2 PROJECT DETAILS - - Petition For: A variance to reduce the front yard setback from 80 feet to 37 feet for a 34 foot long building addition. Location of Property: Legal Description of Property: Lot Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: 6210 Highway 65 NE Lots 3& 4, Block 1, Herwal's second Addition 83,760 square feet; 1.92 acres Flat Typical suburban; sod, shrubs, trees C-3, General Shopping Center; Herwal's Second Addition 1963 Connected West Moore Lake Drive Sidewalk along West Moore Lake Drive Have requested that the petitioner grant a 10 foot easement adjacent to the existing drainage easement to provide access to a sewage pumping station. The zoning and Comprehensive Plan are consistent in this location. A letter from a resident requesting that the west wall of the existing gazage be finished in the same aesthetically pleasing manner as the other three walls. 2 6.OG i [ Staff Report VAR #98-04, 6210 Highway 65 NE Page 3 DEVELOPMENT SITE ._� • J� 1 Kim Miller is requesting a variance be granted to allow for the expansion of the existing Miller Funeral Home structure at 6210 Highway 65. The variance requested is to reduce the front yard setback from 80 feet to 37 feet. If the variance is approved, the peritioner would be allowed to construct a 6 foot by 34 foot addition along the south side of the principal building. (See Attachment A) , The Engineering Department has requested that the petitioner grant a 10 foot easement adjacent to the existing drainage easement to provide access to a sewage pumping station. � t_�' • \��1_. • � - The subject parcel is located in the northwest corner of the intersection of Highway 65 and West Moore Lake Drive. Located on the property is a 5736 square foot mortuary and a 1,664 squaze foot garage. The following activities have occurred on the property: 1963 - Variances were granted for building setbacks, parking stalls and driveway locations for a funeral home. 1967 - Issuance of a building permit for a funeral home 1987 - Variances were granted to reduce the side corner setback to allow construction of a building addition on the west end of the funeral home. 1993 - A variance was granted to reduce the side yard setback to 3 feet to allow a hearse enclosure. 1994 - A variance was granted for the construction of a canopy (as opposed to a hearse enclosure) in the side yard; a sign variance; a variance for the construction of a 30 by 60 foot garage. 1996 - A variance &om front yard setback approved, a variance from rear yard setback denied; Additional front and rear yazd setback variances were denied. ADJACENT SITES WEST: SOUTH: E T• NORTH: Zoning: R-1, Single Family Zoning: R-3, General Multiple Family Zoning: C-3, General Shopping Center Zoning: G�3, General Shopping Center 3 ��3 Land Use: Residential Land Use: Church Land Use: Retail; multi-tenant Land Use: Office; multi-tenant Staff Report VAR #98-04, 6210 Highway 65 NE Page 4 ��1:��`�.�7►� Section 205.15.03.C.(1) of the Fridley Zoning Code requires permitted structures to be a minimum of 80 feet from any public right-of way. Public purpose served by this requirement is to provide adequate open space azound commercial structures for aesthetic and fire-fighting purposes. _ . � - � . . ._� ._� - The variance request to reduce the front yard setback from 80 feet to 37 feet will allow the enclosure of a 6_ foot by 34 foot alcove along the south face of the building. The request does not have an adverse impact on adjacent properties as the proposed addition is located within two architectural elements on the south facade. This request is consistent with similar requests previously granted for the property, as well as adjacent properties in the vicinity. ' � • � ►�� ' • � • �!- ' . . �__ • �1�1 • � Staff recommended that the Appeals Commission approve the variance with the stipulation that the petitioner grant a 10 foot easement adjacent to the existing drainage easement to provide access to a sewage pumping station. �•• : •�� •� : •��1 ►��: •, The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulation recommended by staff. 4 6.04 (-�� ` ¢ { � � rt ° � > W W � W � ` S � � L � � � � 4 _ „I W W -� y � � 3 2� y` r_� 4.§. y }� W� C 4<�i 4+ � �' �• � � ti �_ � � =f�?;z=� � ��.:.. � �o�= _. . � , � � ��i' _ 1 �i � : i 4.,'�u � � � I � • - ir �� ti? 2� � � o 7 "� = •- . ��`tiv � � C � � � � 0 .J? � 6� �?�11 �l0 �� • � i � � �-,� -� � ��_;) „� ' il - - : .�, �I �� I !I � j 1 f ~\ Nii �_ 1' o� N ^ O �� - �•�y�VVV�� ,� .9�.so. �o=v ' �8'6t�s) �..7.� �:'� a�7,��• 4:., � .�' �iv� � �N I � � �S►3 Na 135 n�Odi ' � � � p � = � "' � I e N g � I I „ ' �'` < '• .I I / '^ � 1� = •� i^ .� „� �� . .e� � � ' ,��y ! � � ,� -, ` _- ' i � � a ;r� �, .. .. , „- i� 1 �� \ \\i�9 '�- S'o$ Y s 9 V 0'9 O o �\a\ � � � � ` �o A �" � � � . � `\ / O •�9� ,, � � (>Q � O.�it J � �L!i: � r W � �� I! `r � '' -; �� ' y � � �' _ � l;' ~ � � �i � II � t �..-- , ' �I ��`� i H 4 b � a��r - - I." 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' r' W i =..., Iy �. _--- ---- ' ---- �� ---- --- ---^� _ I '!� ; _ . � � I ___ --------- ----- I ---- --- �:---� '�' v � .� � � ---- '--- � ---- ---- � ---- --- ii _ ;i � _ I— - -'-�. � � � , - - _-= --_- : I � _ , �� 1 - - - - -_ --- _ — i >� , i �� «.---- , i ; i (� I; � � _ I� �' k p I i � � �,' � 09 � - -,__ ' � � � ' r (�vyv[� � t� - , os °r� ; `�`,i �� O G �VIVIV �.� M _r. . I. .,�• M ��be - _ �� ' -__ _ �,° ' ' t;�' - � � i �r � �. �, � � :I i' � '` � , � •o� ' �j� ,�,� � .��°° � ' ' : c( � � � ,+�.�y✓ � � i ;r � '.'� `I i . � j ` � A '� _ � I S ''I /� � �� . ' w->>a 'a�^ -- 98'Lft Hl �� " I i __ J�---- 6.05 �. ; _ ------ �� ; '�: + .. . ,. .; �-, , - - � � �- _ �� 'r.._ _ _ ; � "' '(� - V ` � �v � 4 . t � � (1� v O � � � � v �l, , V � �C c� � � � �� . � r� ��r�� . 11 ■■.�1_ � II� :! .� f�. � i■ ■i ■� �� ■�rz� �� , - ■ �� , � �:il �� .��.�� t ii i : i � � � � �� .� � �; = � � �� ' - � �� C��I� �� rz� ■.� � � � ��: � r� �� _ � �� i i � � �� ! i ��t��1 !� �� ,� =- � 1 � �'� ��,� � �� r-� �►ia �,r ■ � � � �� • : � i : ��/��■ ■ ., ♦ , � -.►�'+�� ! �, . � -� .. _ �' - � . . . ..� _- .- -- - � , � �-� -- . . - � _-_ _ ;. � -- � _- .� - � =� - - .__,_ • - � - �� - �1 '� � . . r � � .�.. �� N � �A - oF � . .. � �.; � , � � ,�. �� -`�:�,. --. �� E��h(1 �1'1 �1CIc'� t�001C�S � � on�rrir�ar�oeNo��ar�lZoir`ng e�FecUr��` dabel/Zl�6�gethefw�ita� o�in--��= „T.� anoes acloF�ed and effective 2s�/9T �� =- - - - ��s �� DATE: April 1, 1998 MEMORANDUM DEVELOPMENT DIRECTOR TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: 1998 Yard Waste Transfer Service Contract BACKGROUND: For a number of years, the City of Fridley has contracted yearly with Morrell and Morrell, Inc. for yard waste transfer services. Our last contract extension expired last November. Upon consulting Terry Morrell's desire to extend the existing contract another year, he concluded that the company had extended the contract,for three years already without a price increase. He later replied that they would be willing to continue providing yard waste transfer services to Fridley but at a cost increase. Morrell and Morrell had previously charged the City $109.92 per 75.85 cubic yard roll off bin that they supply. They are now requesting $120 per pull, which is a 9% increase (equal to 3% per year). Staff did not solicit other quotes from other contractors that can provide this type of service since we were aware that the City of Columbia Heights recently solicited proposals, and all other companies requested compensation about double the price of what Morrell and Morrell charges. Morrell and Morrell has always been very responsive to our needs, so staff has no desire to change service providers at this time. BUDGET: An expense of $7,000 is budgeted for this service in the 1998 SWAP budget. In 1997, payments to Morrell and Morrell totaled $4,286.88. However, we experienced an unusually light fall season due to weather and expect a busy spring. Even with the proposed price increase, we still expect service costs to be within budget this year. RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to execute the attached one-year contract upon review I ;ity Attomey. The contractor has reviewed and approved the contract terrr 7•01 � contract needs to be executed by April 24, when the Fridley Yard Waste TransfE� ��.� �� scheduled to open. M-98-74 � � 1/� � .� . � � �� \ � � � This Agreement is made on the day of April, 1998 between the City of Fridley, Minnesota, ("City") and Morrell & Morrell, Inc. ("Contractor"). _, WHEREAS, Contractor is in the business of aggregate hauling; WHEREAS, City desires Contractor to transfer yard waste from the City's municipal yard waste transfer site in accordance with the terms of this Agreement. NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor's Services. The Contractor agrees to provide services which include the transfer of yard waste and finished compost as outlined in number 4 of this contract. � 2. Compensation to Contractor. City agrees to pay Contractor for services. 3. Method of Paymen� Contractor shall submit itemized bills in accordance with E�ibit A to City on a monthly basis. Bills so submitted shall be paid within thirty (30) days of receipt by City of a bill. 4. Transfer of Yard Waste and Finished Compost Contractor shall transfer yard waste in 75 cubic yard loads from the City of Fridley's Yard Waste Transfer Site at 350 - 715t Avenue N.E. to the Anoka County Bunker Hill Regional Park yazd waste compost site at Bunker Lake Boulevazd and Hanson Boulevazd. Once contacted by the City, Contractor shall - transport yard waste materials within 48 hours, weather pemutting. Should Anoka County � discontinue operation of this compost site or discontinue accepting material from the City of Fridley, it will be grounds to immediately re-negotiate this agreement. 5. Audit Disclosure. Contractor shall allow City and its duly authorized agents reasonable access to Contractor's books and records applicable to all services provided under this Agreement. Any reports, information, financial material, or data which City at any time requests be kept confidential shall not be made available to any person or parly without City's prior written approval. Any reports, information, financial material, or data which Contractor at any time requests be kept confidential shall not be made available to any person or party without Contractor's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, or reports prepazed by Contractor shall become the property of City upon termination of this Agreement. To the extent that any of the foregoing involves the business of Contractor outside the City, Contractor shall have the right to use such property in its business outside of the City. 6. Terms. The term of this Agreement shall be Apri11,1998 to November 30,1998, the date of signature by the parties notwithstanding. The parties may, by mutual agreement, cause this Agreement to be extended after the foregoing expiration date, subject to the right of 7.�2 . . ; . � : e� �a � l�:+a��uidi��.C�.s•:• �:�:��= `— - � --- ` � either party to terminate for cause by thirty (30) days written notice as provided in the following paragraph. 7. Termination. This Agreement may be terminated by either party upon thirty (30) days written notice to the other party for cause upon the other party's breach of its duties under this Agreement. In the event temiination is by City pursuant to this thirty (30) day provision, Contractor shall be paid until the effective date of termination. 8. Subcontractor. Contractor shall not enter into subcontracts for any of the services provided for in this Agreement without the express written consent of City. 9. Independent Contractor. At all times and for all purposes hereunder, Contractor is an independent contractor and not an employee of City. No statement herein shall be construed so as to find Contractor an employee of City. 10. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 11. Excluded Services. City shall have no obligation to pay for any services fumished or performed by Contractor not specifically provided for or contemplated herein. 12. Severability. The provisions oft his Agreement are severable. If any portion hereof is, for any reason, held by a Court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the Agreement. 13. Compliance with Laws and Regulations. In pmviding services hereunder, Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of this Agreement. 14. Equal Opportunity. During the performance of this Agreement, Contractor, in Compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor Regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer: recruitment or recruitment advertisin'; layoff or termination, rate of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor shall post in places available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this nondiscrimination clause. Contractor shall state that all qualified applicants will receive consideration for employment without regazd to race, color, religion, sex, or national origin. Contractor shall incorporate the foregoing requirements of this pazagraph in all of its subcontracts for work performed under this contract, and will require all subcontractors for 7.03 �_ 1� � C C� �: �! C � �. such work to incorporate this clause in all of their subcontractors for work performed under this contract. 15. Prevailing Wages. Contractor agrees that its employees and its subcontractor's employees who fall within any job classi5cation established and published by the Minnesota Department of Labor and Industry shall be paid, at a minim�, �e prevailing wage rates as certified by said Department. The contractor shall post in one conspicuous place for the information of its employees the wage rate and hourly basic rates for the job classifications, related to the performance of this contract. The information posted shall include a breakdown of contributions of health, vacation, pension, and any other economic benefit required to be paid. 16. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 17. Indemnification. Contractor shall indemnify and hold hannless City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable, as a result of negligence or fraud of Contractor, his employees, or subcontractors in the performance of this Agreement. 18. Insurance. Contractor shall provide a certificate of insurance as proof of liability coverage for bodily injury or death in the amount of $600,000 for any one person and in the sum of $1,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $100,000. The certificate of insurance shall name City as an additional insured and state that Contractor's coverage shall be the primary coverage in the event of a loss. Further, the certificate shall provide for thirty (30) days written notice to City before cancellation, expiration, or change of coverage. 19. Worker's Compensation Insurance. Contractor shall provide worker's compensation insurance covering all employees of contractor engaged in the performance of this agreement, in accordance with the Minnesota Worker's Compensation Law. 20. Penalties. Contractor shall be penalized $100 for each incident of failure to perform under the terms of this agreement as stated in number 4. 21. Conflict of Interest. Contractor agrees that no member, officer, or employee of City shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. Violation of this provision shall cause this Agreement to be null and void, and Contractor will forfeit any payments to be made under this Agreement. 22. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 23. Entire Agreement. The entire agreement of the parties is contained therein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreement presently in effect between the 7.04 � � . . �. :. ��1►�1�7►1��I�7t.�� i:v��-: �- 'Y- - - ;-- --- parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first above written. CITY OF FitIDLEY MORRELL & MORRELL: y B B y Its City Manager Its Manager Approved as to form and legality: City Attomey 7.05 . !. .� V , • � \ , • � � � • .. y , , Eachibit A CITY OF FRIDLEY FEES FOR YARD WASTE TRANSFER SERVICES Fees for services to be paid by the City to the Contractor shall be based on per load basis as outlined below: 75.85 cubic yard load =$120.00 per load 7.os a DATE: April 1, 1998 MEMORANDUM DEVELOPMENT DIRECTOR TO: William Burns, City Manager��j� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: Letter Contract with Braun Intertec for Springbrook CWP Grant Project BACKGROUND: In February 1997, the City of Fridley, on behalf of the Six Cities Watershed Management Organization (SCWMO), received a grant from the Minnesota Pollution Control Agency. The grant is a Clean Water Partnership (CWP) Resource Investigation Grant. The purpose of the grant is to investigate possible reasons for the dramatic loss of vegetation in the Wetlands of Springbrook Nature Center over the past ten years. A 23-page Work Plan detailing what will be accomplished in the project is currently being finalized. It will be forwarded with a cover summary to the City Manager's of each of the four cities involved in this project as soon as it is complete. The Work Plan includes a Monitoring Plan which describes the testing procedures that will take place as part of the grant. The "quantity" of water coming through the Springbrook wetland complex, both during normal flow levels and storm events, is going to be measured. The water "quality" is going to be tested also. Part of the grant is being used to pay for an intern which was hired to conduct the sampling and deliver samples to the lab. There is other monitoring that is going to be completed as part of this grant, but the water quality testing is what relates to the laboratory fee contract attached. PROPOSALS: Proposals were sought from five local laboratories that were qualified to conduct testing for a CWP Project. Three responded and submitted satisfactory proposals by the deadline. The lowest cost is lab fees was proposed by Braun Intertec. 8.01 CONTRACT COST: The cost of laboratory services for this project is not expected to exceed $10,500. All of these costs will be covered by the grant funds already dedicated to this project. RECOMMENDATION: Staff views Braun Intertec as a responsible laboratory to conduct this service and recommends that the City Council authorize the City Manager to execute the letter contract attached. M-9&72 8.OL � _ UTY OF FRiDLEY FRIDLEY MUNICIPAL CENTER • 6�t31 UNNERSITYAVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 April 7, 1998 Mr. Dean Almquist, Laboratory Project Manager Mr. Mark D. Lanz, Laboratory Manager Braun Intertec 6875 Washington Ave. South P.O. Box 39108 Minneapolis, MN 55439-0108 RE: Letter Contract for Analytical Laboratory Services Dear Mr. Almquist and Mr. Lanz: This purpose of this letter is to outline the scope of services that Braun Intertec Corporation will provide for the City of Fridley (the City) with regazd to the Springbrook Subwatershed Resource Investigation Project. By written acceptance below, the Contractor, Braun Intertec Coiporation, agrees to perform the scope of the services within the terms and conditions in this letter and its attachments. The Contractor must sign its approval in the designated signature block and return the original sig�ed letter and its attachments to the address shown below. Please retain the enclosed copy of this letter and attachments for your files. The services to be performed under this contract aze analyses of various parameters in surface water samples. The period of study for this project shall extend from the effecrive date of this contract through March 15, 1999 ("Monitoring Period"). The Monitoring Period may be extended upon written amendment of this contract, at which time the analytical costs may change. During the Monitoring Period the Contractor agrees to perform the following analytical laboratory services for the City: 1. Chemical analysis of surface water samples. The samples will be collected by the City, and submitted to the Contractor for analysis. Samples will be collected on both a routine and storm- event basis. A total of at least ten routine samples and five storm event samples will be collected at each monitoring site. City staff will drop off the samples at the Blaine branch office of the Contractor. Samples will be dropped off on the same day as collection whenever possible, and sampling on Fridays will be avoided to the extent possible. The City will deternune the pazameters to be analyzed for each sampling event; the parameters will vary between events. Sample filtering (for chlorophyll a and dissolved ortho-phosphate analysis) will be the responsibility of the Contractor, as will sample disposal upon completion and verification of the analyses. The analytical method, holding time, cost per sample and reporting limit for each parameter is as follows: 8.03 Parameter Method Reporting Holding Time Cosd Limit Sample Chloride EPA 325.1 1.0 mg/1 28 days $8.04 Chlorophyll a(corrected) Std. Methods 2 ug/1 28 days (once filtered) $16.00 10200H Nitrogen, Ammonia EPA 350.1 0.01 mg/1 28 days $8.00 Nitrogen, Nitrate+Nitrite EPA 353.2 0.02 mg/1 28 days $8.00 Nitrogen, Total Kjeldahl EPA 351.2 0.09 mg/1 28 days $14.00 Phosphate-Ortho, dissolved EPA 365.1 0.005 mg/1 48 hours $5:00 Phosphorus, Total EPA 365.4 0.01 mg/1 28 days $14.00 Suspended Solids EPA 160.2 5 mg/1 28 days $7.00 2. The Contractor shall conduct the necessary quality control checks on the samples, including lab blanks, matrix spikes, lab duplicates, and reference standards. The QA/QC measures routinely employed by the Contractor are outlined on page 2 of tlttachment A. The Contractor shall provide a copy of its Standard Operating Procedures (SOP) and Quality Assurance Manual for inclusion in a Quality Assurance Project Plan (QAPP), and shall be a signatory to the QAPP. The contractor will notify the City if any deviations from the submitted SOP's or the Quality Assurance Manual are made. If revisions to the SOP's or the Quality Assurance Manual are made during the Monitoring Period, the Contractor shall submit a revised Quality Assurance Manual and/or SOP's to the City. 3. Performance evaluation (PE) samples may be submitted with each batch of unlrnown samples. If the Contractor fails to attain results that fall within the acceptable control limits for a particulaz parameter, the Contractor will undertake reanalysis of the parameter(s) in all of the relevant unknown samples which were submitted with the PE samples, at no extra cost to the City. Failure to attain accuracy during the second set of analysis will result in no payment for the relevant parameter(s) in the unlaiown samples and the PE samples. _ 4. The Contractor shall maintain Minnesota Department of Health certification during the Monitoring Period. 5. The Contractor shall supply the City with the necessary sampling containers and preservatives, cleaned ISCO sampler bottles, coolers with ice packs, and distilled water. These items shall be shipped by the Contractor to the Springbrook Nature Center in Fridley. 6. Analytical results, including QA/QC data, shall be provided to the City in hard copy and on 3.5" diskette within fifteen (15) days of sample submission. The electronic copy shall be submitted in a spreadsheet format mutually agreed upon by the City and the Contractor. If the City does not receive sample results from the Contractor within fifteen (15) days from the day upon which the City delivered the samples for analysis, the amount due and payable to the Contractor for the said samples shall be reduced by 15% from the per sample costs indicated and agreed to on page 2 of this Contract. This reduction shall be increased to 25% if the results are not received by the City within thirty (30) days from the date of sample delivery to the Contractor. : 1 � 7. The Contractor shall satisfactorily perform all tasks in this contract, the approved QAPP and any revisions or amendments to these documents. The Contractor shall not receive payment for work found to be unsatisfactory or unreliable, or in violation of federal, state, or local law, ordinance, rule, or regulation. In addition to any other remedies in law or equity, the City may seek to recover from the Contractor any and all funds tendered or disbursed under this Contract in the event of full or partial non-performance or unsatisfactory completion of any required task. For the services covered by the contract, the City agrees to pay the Contractor according to the per- parameter costs delineated on page 2 of this contract. In addition, the City shall pay the Contractor $20.00 per sampler bottle set (up to 24 bottles) for washing the ISCO sampling bottles after each round of stormwater sampling. The total amount of this contract shall not exceed $12,000. For payment, please submit an invoice to: ATTN: JULIE JONES FRIDLEY NNIVICIPAL CENTER 6431 UNNERSITY AVENUE NE FRIDLEY, MN 55432 This letter shall constitute a contract between the City of Fridley and Bra.un Intertec Corpora.tion. Changes may be made only upon the written agreement of both parties. If you have any questions concerning this Contract, please contact Julie Jones at (612) 572-3594. Sincerely, William W. Burns City Manager City of Fridley Attachment cc: Shannon Lotthazruner, NIl'CA APPROVED BY: CITY OF FRIDLEY william w. Burns City Manager Date: • ' ' •' :r•._� � a�-. ��•.r�� By: Ija corporation, a corporate o�cer must execute Title: Date: 8.05 � Attachment A Proposal for Analytical Laboratory Services Submitted by Braun Intertec Corp. to the City of Fridley dated March 4, 1998 : 1. Ciry of Fridley TO: William W. Burns, City Manager �('�� PW98-076 FROM: John G. Flora, �blic Works Director DATE: Apri16, 1998 SUBJECT: Supplemental Agreement to 57�' Avenue Reconstruction Project Agreement with BRW When the City initiated the agreement with BRW to prepare the design plans for the 57`� Avenue upgrade project, the original estimate was based upon a$400,000 project. With the addition of landscaping, boulevard treatments, lighting, etc., the estimated project is now at approximately $800,000. As a result of this increase, BRW has submitted a request for a change order to their agreement to cover the additional costs associated with the design work. The figures presented are in direct relationship to the percentage of effort based upon the estimated contract price. Accordingly, the changes are on that straight line. The following is a breakdown of the cost and the City impact; , . As the scope of the project has substantially increased from the original proposal and the new figures are predicated upon an estimated cost with a caveat that the final cost will be established based upon the contract award, recommend the City Council approve the supplemental agreement to the BRW contract. JGF:cz 9.�1 i Addendum No. 1 to BRW INC. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This Addendum to that certain contract entitled BRW, INC. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES dated October 8, 1997, is made effective as of the 30th of March, 1998, by and between the undersigned parties (BRW ProjectNo. 35689-002-0101). Scope of Services: As outlined in the BRW letter to John Flora dated March 30, 1998. Compensation: The fees are adjusted as outlined in the BRW letter to John Flora dated March 30, 1998. Except as amended hereby, the BRW, INC. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES shall remain in full force and effect. CITY OF FRIDLEY By Title Date ADDFORM. WPD BRW, INC. By Title �' ��J'oG� A'�i Date 3�Sn��' Addendum #1 - 1 9.02 Rev. March 30, 1998 � � �� -- -- ---- A DAMES 3 MOORE GROUP COMPANy ---- ----- ---- -- - ------ ----- -- - --- - March 30, 1998 Mr. John Flora, P.E. Director of Public Works City of Fridley 6431 University Avenue Northeast Fridley, MI�T 55432 Re: 57th Avenue Reconstruction - Project ST 1997-4 Dear John: Thrrsher Square 7U0 Third Street South Minneapolis, Minnesota �� 1 � 612 370 07U0 Tel 612 370 1378 Fax On behalf of BRW I am requesting your consideration of additional fees for the above- referenced project. The plans have been prepared and submitted to MnDOT State Aid, Anoka County, and the City of Fridley for review. I believe that the plans represent the necessary detail to allow for the competitive bidding and construction of the project. The project has become more complex and the extent of the work more significant than originally anticipated by BRW. The original project was based on widening the roadway with an overlay of the existing bituminous surface. Several other factors have attributed to the complexity and scope expansion: the addition of storm sewer to pick-up the vacant parcel at the northeast corner of 57th Avenue and Main Street; the multiple phases of staging and traffic control necessary to construct the roadway project based upon the final roadway alignment; an accurate existing conditions plan that identified numerous monument signs and regulatory signs within the conidor; preparation of presentation graphics for City Council and neighborhood meetings; and right-of-way issues. When BRW prepared the fee budget, we based the anticipated effort on the approximate $400,000 construction estimate that was outlined in the Traffic Study for 57th Avenue Reconstruction project. Based on our initial understanding of the project (widening and overlay) we prepared our design fee budget at $23,900 or approximately 6.0% of the construction cost. Based on the current engineer's estimate of construction, the construction cost is estimated at $800,000. Based on the magnitude of the project increase, we believe that a reasonable design fee is 6.0% of the revised construction cost of $800,000 or $48,000. A similar problem in fees is anticipated for the construction phase of the project. Again based on our anticipated construction cost of $400,000 and the anticipated widenin� and o��erlay construction technique. «�e assumed a 3/4 time inspection time frame. We anticipated a 30 hour week for approximately 8��eeks. Based on our current understanding of the project, ��e do not � believe that inspection can be less than a fuil-time requirement. The full reconstruction, multiple 9.03 O`r�ces Worldwide � � A DAMES 8 MOORE GROUV COMPANy Mr. John Flora March 30, 1998 Page 2 phases of staging and traffic control set-up, along ��ith the construction on current privately owned property will necessitate full-time inspection. Based on typical MnDOT State Aid work, we anticipate the construction inspection fees to be 8.0% of the construction cost or $64,000. It is my understanding that this amount has been discussed with Anoka County and that they viewed an 8.0% fee as "market value". It is further my understanding that Anoka County will reimburse the City for 100% of the construction inspection costs. The construction staking budget in similar fashion would need to be adjusted. Our initial budget identified that construction staking would be 2.4% of construction cost. Updating this amount to the current estimated construction cost would include a budget of $19,200 for this task. In addition, our initial scope of work excluded the preparation of legal descriptions and exhibits for the easements now needed from the adjacent parcels. We anticipate a budget of $7,000 to complete the easement descriptions and exhibits. A second additional task was the preparation of graphics for City Council and meetings with affected property owners. BRW has spent $1,330 to complete this work. Based on previous work with you, it is our understanding that material testing will be performed by others for this project. We typically do not provide these services, but could sub this work to a geotechnical firm if you desire these services. Based on the above information, we request that the fee budget be revised to the following: Roadway Design Construction Inspection Construction Staking Base Mapping Geotechnical Investigation Landscape Enhancements Legal Descriptions Graphic Preparation Total Original Bud�et $23,900 $15,950 $9,600 $2,980 $1,700 $�,030 N/A N/A $59,160 Revised Bud et $48,000 $64,000 $19,200 No Change No Change No Change $7,000 1.330 $149,240 We are willing to adjust our fees for road��ay design, construction inspection, and construction stakino based on the actual construction costs. The other items are fi�ed costs that are not dependent on the scope of the project. 9.04 Off�ces Wor;dwide — — — - -------� ,U � � � �1:.��%� � A DAMES 3 MOORE GROUP COMPANy Mr. John Flora March 30, 199$ Page 3 We believe (and hope you do also) that the effort provided to date is commensurate ��ith the fees identified above. We have attached Addendum No. 1 to our service agreement to include the requested budget revisions. We hereby request that you process this Addendum No. 1 for acceptance by City Council. We are available to discuss this information with you at your earliest convenience. Thank you for your reasonable consideration of this matter. In addition, the plans are no�v complete and the next course of action is to bring the project to City Council, approve the plans and specifications, and order the Advertisement for Bids. We anticipate a bid opening of Apri130 and a contract awazd on May 4 subject to obtaining MnDOT State Aid and Anoka County approval. Sincerely, BRW, INC. � G Paul Danielson, P.E. Project Manager cc: Gary Ehret, BRW Jan Malmquist, BRW File 35689-002-0101 RFEE557T.WPD 9.05 o�:,: ,.o�.e,ti�de TO: FROM: DATE: I SUBJECT: City of Fridley William W. Burns, City Manager �� John G. Flora, �Public Works Director Apri16, 1998 57`� Avenue Improvement Project No. ST. 1997 - 4 PW98-072 BRW has prepared the plans and specifications for 57`� Avenue improvement between University Avenue and Main Street. The County has submitCed their comments and they have been incorporated into the project. The plans have been reviewed by MnDOT and we are expecting their approval shortly. The County has requested that the City serve as the lead agency for advertising, award, inspection and administering of the project. The County will be involved in review of the plans and a review of the bids but the responsibility lies with the City to complete the project. As the plans are ready to be distributed and as a means of expediting the advertisement for a spring award, recommend the City Council approve the final plans and specifications for the project and also authorize the City staff to advertise the project so that we may initiate an early start on the improvement. Recommend the Council adopt the attached resolution approving final plans and authorizing advertisement for bids for the 57�' Avenue improvement project. JGF:cz Attachment 10.01 City of Fridley TO: William W. Burns, City Manager FROM: John G. Flora,rPublic Works Director DATE: Apri16, 1998 SUBJECT: 57�` Avenue Improvement Project PW98-078 We received a revised estimate for the 57`� Avenue improvement project. The current figure indicates the project is expected to run at $862,329.65. Based upon the City's initial contribution of $100,000 and the participating County cost requirements, we are looking at a City expenditure of $216,641, the County is in the area of $342,290, the HRA portion for lighting and landscaping is estimated at $86,000 with the remaining assessment of approximately $184,165. To initiate the early construction start of the proj ect, we propose to advertise the proj ect in the Apri19 Focus, opening bids on Apri130 and submitting the project to the Council at their May 4 meeting for award. It is all predicated on the State's approval which we expect to receive prior to fihat time. JGF:cz 1�.02 City of Fridley TO: William W. Bums, City Manager� � PW98-074 FROM: John G. Flora,'Public Works Director DATE: Apri16, 1998 SUBJECT: SCADA Upgrade We have been advised by our consultant that the Programmable Logic Controller (PLC) for the Supervisory Control Automatic Data Acquisition (SCADA ) System provided by the Automatic Systems Company is in need of upgrade. The equipment originally installed was for the operation of the Commons Park plant. Since that time we have added communication with the Locke Park filter plant as well as the 73rd Avenue filter plant. In addition to the water system, with our recent program upgrading the lift stations within the City, we have added the protection and monitoring of our lift stations. At this point in time, the system is overloaded and cannot accept additional equipment. The cost for the PLC is $10,266. We had this price verified by our computer consultant, Kaeding & Associates, indicating that this is a proper cost for the equipment to be installed. In addition, we underestimated the SCADA connection for the Mississippi Street underpass lift station. We originally estimated $12,000. We received bids for $15,542 for a deficit of $3,542. With the award of the Insituform project this year, the bids received provided a savings of $30,000. Accordingly, the two SCADA items, the Programmable Logic Controller at $10,266 and the additional SCADA connection for the Mississippi lift station at $3,542, totaling $13,808 is within the funds remaining within the sewer account. Recommend the City Council authorize the additional funding of the SCADA upgrade items (PLC and SCADA connection) from the Insituform project to the SCADA projects in the sewer fund. JGF:cz 11.01 �pF F ::`�� c�3 ... -� PUBLIC WORKS MEMORANDUM TO: John Flora, Director of Public Works FROM: Paul Lawrence, Superintendent of Public Works DATE: March 9, 1998 SUBJECT: SCADA Central Processing Unit Attached is a letter from Bruce Wirth from Automatic Systems, advising the City that Central Processing Unit (CPT� in the City's water and sewer SCADA System is at capacity and cannot accept the remaining sewer lift stations scheduled to be connected to the SCADA System. The space problem has been caused by several factors. The original SCADA System design did not include the 14 sewer lift stations, Water Treatment Plant Number 3, or the upgrade of Well Number 1. The 1998 Water Capital Improvement Budget contains $45,000 to clean and inspect the 1-1/2 million gallon standpipe at 53rd Avenue and Johnson Street. As you will recall, the inspection and repair was completed last year, and I am recommending that $10,266 of the available $45,000 be used to upgrade the CPU in the SCADA System so that the installation of the sewer lift stations into the SCADA can proceed on schedule. 11.02 (1f.P L� ; �.: i: _ - - � hlonday, Ma� 49, 1998 Mr. Paul Lawrence CITY OF �RIOLEY 6431 Univeralty Avenue Nocthesst Fridley, ti1N 55432 AUT�MATIC SYSTEMS C0. REF: WaterM/astomatsr SCADA System Dear Pau�: � During our meetirr9 last Thursday, we d►scusaed fCPU ��^ �u°�°�rammaat� Ls� c Co co�Ier c�dition ot the extsting Centra� Process�nS Un ( ) (PLC) lacated in the master contro� Danet at the Weter Treatment Plant. AU i� the co�rtrolfirt9 carttral ior the entfre SCA�A coMro� SY�e ��f u(pdat�s� thia CPU Thi' C end n d crittcaf that yo maxtmum capscltY �n terms of ava�lable memory ro��sQr b�wps or to a larger CPU to acxommodate eny tuture addltfons and prsvent anY P Irtterruptfans, whfch la a poss�bility ot a proces�o� running with no evslla�le memory. The exlstlr� CPU i9 g made! PLC5/20, durtnq our me hf�n rease wp� nat P v tle sdtequata sRnace ta PLC5130, efter investl�at�n9 thi� iurther, we estfma accommodate al! tuture expar.s�ns (alt (iR stations) g�s ��sg�� the �� $tep ��r� a�� tha near future. Thereiore, we reoommenC you lncre P madel Pl.C5/40. Your net p�Ice for a Pl.CSl40 with assada fod mE�PR��pletles n4• r 31� 286 00. Thegpr ce quotec� hes !n$tallatlon of new, cor►fl9Urat►on end prog p 9 been disoountad 8°Yo otf of Atlsn-Bradlays sei{ P� redeucan be ncor'po Ated�d'�n 9' he addlt�onuof t�an and programml�g at no charge ptovidtng thls upg VETs and Emoe�s L�t S;ation Remote Talernetry Unfts. P�ces do not ►nc�ude any sele3 or use tax• Pleese allow 3-weeks f�f deJivery of pro�osed processo�. Thank ycu and pleaae don't hesItate to co�tact ms wlth any questions. SlnCeraiy, n� e �� Automatfc Systems Ccmpery . MECHANICA� ECUIPMENT '- MANUFACTURER'9 REPRESENTA?IVES • 11.0.3 CONTR0�3 . X �20359 S?. PAUL, MINNESOTA 56tt2 PHONE 612-831-9005 (FAX) 61Z•631-Ok �' FICE: P.O. BO �A eunw�c ••� ,•^., •--- MAIN OF •��P �n�•.slw � — - Kaeding and Associates, inc. 7300 France Avenue South Suite 330 Minneapolis, Minnesota 55435 Phone: (612) 831-0317 E-Mail: info@kaeding.com Fax: (612) 831-2179 March 19, 1998 City of Fridley Attn: Mr. Paul Lawrence Director of Public Works 6431 University Avenue Northeast Fridley, Minnesota 55432 Re: SCADA System Upgrades Fridley, Minnesota Deaz PauT: This letter replies to your Mazch 12th FAX and associated March 9th proposal from Automatic Systems Company (ASC). The pricing from ASC to replace the Commons Park Plant PLC processor appears reasonable. Allen-Bradley list prices for the processor and EEPROM total about $11,690. We can't comment in great detail on the need for this change-out. I understand there have been several sites added to this system since the original 1993 design. I do know that there is a lot of communication burden (and probably memory burden) due to the way the system is programmed. There are at least three sites that function as "master" stations where all of the water system data is available for operator inquiry. When a new site is added, the related data communication grows geometrically. We would be pleased to provide additional services to the City if you desire. If you would like to discuss this matter, please call. Sincerely, Sheldon Sorensen Kaeding and Associates, Inc. SJS:mj _ _ -- 11.04 ,„ ,� �'� - � ..,;� � - l� �, - � F � � � . � �eaeeo-eee�•a� �- � l�i' )►1��.l��'!y _. , � _ - � � r� ' - -� . � '� ' � V � °. f �: ' i L�- ., . � � -�; . . i � �� ... �. ..... � ; - - � : � ,. �� •+ �� ♦ • r • � �. � �' � � . �. � : • as �- — - - • - TO: FROM: �pF F c� :� -t PUBLIC WORKS MEMQRANDUM John Flora, Director of Public Works Paul Lawrence, Superintendent of Public Works DAT'E: March 10, 1998 SUBJECT: SCADA Connection 11Tssissippi Street Underpass Storm Water Pump The 1998 Storm Water Capital Fund budgeted $12,000 to connect the M'ississippi Street underpass storm water pump to the City's SCADA System. The cost for this installation has increased since the budget was prepared by $3,542 for a new cost of $15,542. \ . There are funds available in the Storm Water Capital Budget to cover the $3,542 cost increase, as the relining of the Van Buren storm sewer came in $�p,Opp under budget ($150,000 btzdgeted, (_ $120,000 bid &om Insituform). Recommend that $3,542 of the excess funds &om the Van Buren relining project be used to install the SCADA System at the M'ississippi Street underpass storm water pump. ,� 11.os < Y . City of Fridley �� TO: William W. Burns, City Manager�( FROM: John G. Flora►, Public Works Director DATE: Apri16, 1998 SUBJECT: US West Wireless Antenna Agreement PW98-077 US West has proposed to place antennas on the Hwy 65 water tower at Locke Park. The agreement is consistent with the previous agreement executed with API . The City Attorney has reviewed the agreement. Recommend the City Council authorize the Mayor and City Manager to execute the agreement with US West to place nine antennas on the Hwy 65 water tower with an annual fee of $12,360. JGF:cz Attachment 12.01 S I TE LEASE AGREE1r�NT between The City of Fridley and U.S. WEST Wireless, L.L.C. , 1998 12.02 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. TABLE OF CONTENTS Leased Premises Rent (a) Amount, Adjustments (b) Time of Payment, Taxes Governmental Approval Contin ency (a) Tenant Application (b) Interference Study (c) Non-approval Term and Renewals Tenant's Use (a) User Priority (b) Purposes (c) Construction (d) Operation (e) Maintenance, Improvement Ex enses (f) Replacements (g) Drawings (h) No Interference (i} Access (j) Payment of Utilities Emergency Facilities Additional Maintenance E enses Additional Buildings Defense and Indemnification (a) General • (b) Hazardous Materials (c) Tenant's Warranty Insurance (a) Workers' Compensation (b) General Liability (c) Tenant Property Insurance. (d) Hazardous Materials Coverage (e) Adjustment to Insurance Coverage Limits (f) Additional Insured Certificate of Insurance Damage or Destruction Lease Tersaination (a) Events of Termination (b) Notice of Termination (c) Tenant's Liability for Early Termination (d) Site Restoration Limitation of Landlord's LiabilitY TP�orary Interruptions of 3ervice Tenant Interference (a) With Structure (b) With Higher Priority Users (c) Interference Study - New Occupants (d) Interference - New Occupants As s i gntnen t (a) Affiliates and Subsidiaries (b) Landlord to Supply Information 12.03 0 PAGE 1 1 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 5 5 6 6 6 6 6 7 7 7 7 7 8 8 9 9 9 9 9 10 10 10 10 10 11 11 11 x 17. Condemnation 18. Disputes 19. Enforcement and Attorneys' Fees 20. Notices 21. Authority 22. Binding Effect 23. Complete Lease; Amendments 24. Governing Law 25. Severability 26. Miscellaneous Exhibit A, Legal Description of Tenant's Property Exhibit B, Site Drawings Exhibit C, Conditions Precedent 12.04 PAGE 11 12 12 12 ° 12 13 13 13 13 13 15 16 17 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ("Lease"), made this day of , 1998 between City of Fridley("Landlord"), and U.S. WEST Wireless,. L.L.C., a Delaware Limited Liability Company ("Tenant"). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, commencing day_of 199 ("Effective Date") Landlord hereby leases to Tenant and Tenant leases from Landlord a portion of Landlord's property, (300 sq. ft., generally 15' x 20' for radio equipment on the ground plus nine antennae located three each at 120 degree intervals on the water tower support structure (pedestal) located at 6960 N.E. Highway 65 in the City of Fridley, County of Anoka, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements. Landlord also leases to Tenant a portion of the Water Tower ("Tower") located on the property as more particularly described in Exhibit B("Site Plan") attached hereto and including the actual. location , on the Tower at which directional antennas, connecting cables and appurtenances will be attached and located, the exact location of each to be reasonably approved by Landlord's Director of Public Works, together with appurtenant easements and access rights ('�Leased Premises"). 2. Rent. (a) Amount, Adjustments. As consideration for this Lease, Tenant shall pay Landlord an annual rent in the amount of 512,360.00 for the initial year pro-rated for the portion of the year remaining after the date in the first paragraph of this lease, which shall be increased each year on January 1, by the greater of: (a) three percent (3�) of the previous year's annualized rental, or (b) by an amount equal to the increase in the Consumer Price Index ("CPI"). The CPI shall mean the "Consumer Price Index - for All Urban Consumers, All Cities, Al1 Items (1984 = 100)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percent age equivalent. The resulting percentaqe fixture shall be multiplied by the previous year's rent (annualized for the first year, see Section 4 below). 12.05 (b) Time of Payment, Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year. The annual rental shall be paid before January 1 of each year. For the first year, the rental shall be pro rated through December 31 and shall be paid to the Landlord in full on or before the Effective Date. If the Tenant does not meet the requirements referenced in Subsection 3(a) below by June 1, 1998, and Tenant h�s diligently pursued such requirements, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental; Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. Landlord aqrees to immediately forward to Tenant any information for T�nant to determine the amount of such taxes or payments in lieu of ta�-�^. 3. Governmental Approval Contingency (a) Tenant A plication. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all--the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority.including but not limited to the Conditions Precedent listed in Exhibit C. This shall include the engineering study specified in Subsection 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtaiti and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Interference Study. Before obtaining a building permit, Tenant must pay for the reasonable cost of (i) a radio frequency interference study carried out by an independent and qualified professional mutually agreed to by the Landlord and Tenant showing that Tenant's intended use will not interfere with any existing communications facilities and (ii) an engineering study showing that the Structure is able to support the Tenant's Facilities, as defined in Subsection 5(b), without prejudice to the City's use of the Structure. If the study finds that there is a potential for interference that cannot be reasonably remedied or for prejudice to the Structure, Landlord may terminate this Lease immediately and refund the initial rental to Tenant. (c) Non-approval. In the event that any application necessary under Subsection 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminared by governmental authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbur.sed for the rental payment if made pursuant to Subsection 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subsection 9(b) and 12(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 12.06 � 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this Lease ("Effective Date") and end on December 31 of the year 2002. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods ("Renewal Term") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. � . This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non-renewal to Landlord no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Section 20 of this Lease.] 5. Tenant's Use (a) User Priority. Tenant agrees that the following priorities of use, in descending ozder, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies which Landlord uses, including but not limited to law enforcement, fire, and public works; 3. Government-regulated entities whose antennas offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters. Within this category the Tenant with the earlier effective date of a continuous site lease agreement shall have priority. (b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord- approved (which approval shall not be unreasonably withheld or delayed) communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. This use shall be non- exclusive, and Landlord specifically `reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of antennas at a Landlord-approved location, which approval shall not be unreasonably withheld, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Antenna Facilities"}. Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must first pay for an evalur`=-- ,arried out by a qualified professional, mutually agreec12��7 by Landlord and Tenant, demonstrating that (i) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) any Structure can structurally support the additional antennas. The cost of such antenna evaluation must be paid by the Tenant. Landlord must consent to installation of additional antennas, such consent will not be unreasonably withheld or delayed. If Landlord consents, the parties will negotiate the amount of additional rental for the additional antennas. {d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with all applicable FCC rules and regulations. Tenant's installation of aZl Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any damage done by Tenant, its employees or agents to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. (e) Maintenance, Im rovement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including- antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to the standard of maintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted.on the Structure they shall, at all times, be painted, at Tenant's expense, the same color as the Structure. (f) Replacements. Before the Tenant may update or replace the Antenna Facilities, Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to Landlord a detailed proposai for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacement, including but not limited to a technical study, carried out at Tenant's expense. Landlord may not unreasonably withhold or delay approval. (g) Drawinc�s. Tenant shall provide Landlord with as-built drawings of the -equipment and improvements installed on the Leased Premises or equivalent documents acceptable to Landlord, which show the actual location of all Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actuaily placed on the Leased Premises. (h) No Interference. Tenant shall, at its own expense, maintain any equipment on or attached to the Leased Premises in � safe condition, in good repair and in a manner reasonably suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities thereon or to be placed thereon '''lord. 12.08 � (i) Access. Tenant, at all times during this Lease, shall have access twenty-four (24) hours a day, seven days a week, to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall obtain the key for access to the site and interior of the water tower from the city police department during normal working hours of the Landlord. For security reasons, the Tenant will be required to sign for and note the time of pickup and return of the key. In the event it is necessary for Tenant to have access to the interior of the water tower at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever expense, including employees' wages, that Landlord may incur in providing such access to Tenant. (j) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Addi tional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all reasonable additional Landlord expenses incurred in maintaining the Leased Premises, including painting or other maintenance of the Leased Premises that are directly caused by Tenant's occupancy of the Leased Premises. 8. Additional Buildings. Tenant acknowledges that Landlord may permit additional buildings to be constructed on the property described in Exhibit A. At such time as this may occur, Tenant will permit said buildings to be placed immediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that all buildings are a connected facility. Said attachments will be made at no cost to Tenant; will not compromise the structural integrity of Tenant's building; and will not unreasonably interfere with the operation and maintenance of Tenant's Antenna Facility. 9. Defense and Indemnification (a) General. Tenant and Landlord each indemnify the other and agree to defend, indemnify and hold harmless their respective elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of the use and occupancy of Leased Premises, including but not limited to the installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Lease' - ises, which may be asserted 12.09 against or incurred by either party or for which either party may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of either party. (b) Hazardous Materials. Without limiting the scope `of Subparagraph 10(a) above, Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials. Landlord will be solely responsible for and will defend, indemnify, and hold harmless Tenant, its agents, and employees from and against any and all claims, costs, and liabilities including attorney's fees and costs arising out of or in connection with the cleanup or restoration of the Leased Premises associated with all causes other than Tenant's use of Hazardous Materials. For purposes of this Lease, "Hazardous-- Materials" shall be interpreted broadly and specifically includes,- without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Landlord represents that Landlord has no knowledge of any substance, chemical, or waste on the Landlord's property that is identified as hazardous, toxic, or dangerous in any applicable federal, state, or local law or regulation. (c) Tenant's Warranty. Tenant represents and warrants that, other than with respect to use of storage batteries or other hazardous materials used in the ordinary course of Tenant's business in accordance with all applicable laws and regulations, its use of the Leased Premises will not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifically informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials on the Leased._. Premises. The obligations of this Section 9 shall survive the expiration or other termination of this Lease. 10. Insurance. (a) Workers' Com ensation. The Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The policy shall also provide Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each accident, 5500,000 Bodily Injury by disease, policy limit, and $500,000 Bodily Injury by disease, each employee. (b) General Liability. The Tenant must maintain an occurrence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations. 12.10 The.Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; 51,000,000 personal and advertising injury; $1,000,000 general aggregate, and $1,000,000 products and completed operations aggregate. These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverage. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed. (c) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. (d) Hazardous Materials Covera e. Tenant must carry sufficient coverage, to the reasonable satisfaction of Landlord, for damage caused by Hazardous Materials. Landlord agrees that Tenant meets its obligations under this Section 10(d) with self insurance. (e) Adjustment to Insurance Covera e Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Section 2(a) or ten percent (10$). (f) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated � A+ or better), licensed to do business in the state of Minnesota, which includes all coverage required in this Section 10. Tenant will list the Landlord as an Additional Insured on the General Liability policy. The Certificate(s) shall also provide that coverage may not be canceled, non-renewed, or materially changed without thirty (30) days prior written notice to the Landlord. Landlord and Tenant each waive any and all rights to recover against the other, or against the officers, directors, shareholders, partners, joint ventures, empioyees, agents, customers, invitees or business visitors of such other party, for any loss or damage to such waiving party arising from any cause covered by any property insurance required to be carried pursuant to this section or any other property insurance actually carried by such party. Landlord and Tenant, from time to time, will cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried in connection with the Tower or the Premises or the contents of either. 11. Damage or Destruction. If the Leased Premises are destroyed or damaqed, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period : ent to the date of damage to or destruction of the Leased Premi 12.11' r�": � 12• Lease Termination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); provided, however, that if such default is capable of being cured, but not capable of being cured in sixty (60) days, the Lease may not be terminated so long as the defaulting party commences appropriate curative action within such sixty (60) day period and thereafter diligently prosecutes such cure to completion as promptly as possible. (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises are or become unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord after December 31, 2001, if its Council decides, for any reason, to redevelop the Leased Premises and/or discontinue use of the Structure for all purposes. Tenant will be given no less than twelve (12) months' notice prior to termination under this clause; (v) by Landlord if it determines, based on a report by an independent structural engineer, that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Premises; (vi) or by Landlord if it determines that a potential user with a higher priority under Subsection 4(a) above cannot find another adequate location (Tenant will be given no less than twelve (12) months' notice prior to termination under this clause.), or the Antenna Facilities unreasonably interfere with another user with a higher priority, regardless of whether or not such an interference was predicted in the initial interference study that was part of the application process; or (vii) by Landlord if it determines that Tenant has failed to comply with ordinances applicable as of the effective date, or state or federal law, or any conditions attached to government approvals granted -rhPrA�,nder, after a public hearing before the Landlord's Counci]12�1,2 (b) Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. If Tenant should terminate the Lease, all rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liabilitv for Early Termination. If Tenant terminates this Lease other than for cause or of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damaqes for early termination, one hundred percent (100�) of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 4 and Tenant has paid the annual rental for that year. (d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant shall have 60 days from the termination or expiration date to remove its Antenna Facilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure. In the event that Tenant's Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto. Tenant has notified the Landlord that the following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements: If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days. 13. Limitation of Landlord�s Liability. If Landlord terminates this Lease other than as of right as provided in this Lease, or Landlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair and shall .specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. 14. Temporary Interruptions of Service. If Landlord determines that continued operation of the Antenna Facilities would cause or contribute to an immediate serious threat to public health and/or safety (except for any issues associated with human exposure to radio frequency emissions, which is regulated by the federal government), Landlord may order Tenant to disc its operation. Tenant shall immediately comply with such an o 12.13 Service shall be discontinued only for the period that the imr threat exists. If Landlord 9 ,'' � does not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking the action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, except as may be caused by the negligence or willful misconduct of the Landlord, its employees or agents. If the discontinuance extends for a period greater than three (3) days, either consecutively or cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without payment of a termination fee. 15. Tenant Interference (a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than three business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without payment of a termination fee. (b) With Higher Priority Users. If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth in Subsection 5(a) above Tenant shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty-eight (48) hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately without a termination fee being due from Tenant. (c) Interference Study - New Occupants. Upon written notice by Landlord that it has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Premises at the time of such request. Landlord may then have an independent, registered professional engineer of Landlord's choosing perform the necessary interference studies to determine if the new applicant's frequencies will cause harmful radio interference to Tenant. Landlord shall require the new applicant to pay for such interference studies, unless the Landlord or other higher priority user requests the use. (d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such party's use is reasonably anticipated t �fere with Tenant's operation of its Antenna Facilities. Land12.14 grees further that any future I. lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease for cause without a termination fee or seek injunctive relief against the interfering occupant, at Tenant's expense. 16. Assignment. (a) Affiliates and Subsidiaries. This Lease, or rights thereunder, may not be sold, assigned, or transferred .at any time by Tenant except to Tenant's parent, affiliates or subsidiaries. Tenant may sublet and assign this Lease, or portion thereof, and its other rights hereunder to any person or business entity which is a parent, subsidiary, or affiliate of Tenant without Landlord's consent. As to other parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld or delayed. For purposes of this section, an "affiliate" or "subsidiary" means an entity that controls, is controlled by, or under common control with Tenant. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises. (b) Landlord to Supply Information. The Landlord agrees to furnish, within ten (10) days after the receipt of a written request from the Tenant, all such information as may be reasonably requested by the Tenant's lender, mortgagee or other prospective transferee or assignee allowed under this agreement, for the purpose of determining the obligations of the parties under the agreement at that time. This information may include, at the request of the Tenant, a binding statement by the Landlord that: 1) the lease is in full force and effect,•subject to any express modifications as may have been made to it: 2) the Tenant is in possession of the Leased Premises: 3) the Tenant is paying rent as provided in the lease and according to its terms, as well as any advances in rents as may have been made: 4) the nature and extent of any known defaults: and 5} any other information of a similar character as may be reasonably requested. 17. Condemnation. In the event the whole of the Leased Premises is taken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. Zn event a portion of the Leased Premises is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of title transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the reward paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any �ortion thereof. Although all damages, whether awarded as compensation for diminution in v�>>,p �f the leasehold or to the fee of the Leased Premises, shall be �n.15 � Landlord, Tenant shall have G the right to claim and recover from the condemning authority, but not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 18. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of inediation. If inediation does not result in settlement within forty-five (45) days after the matter was submitted to mediation, either party may file a claim in arbitration in accordance with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy of the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages, or other non-compensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. 19• Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. 20. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: If to Tenant, to: City Manager City of Fridley 6431 University Avenue, N.E. Fridley, MN 55432-4384 Federal Tax ID#: 41-6007700 U.S. WEST Wireless, L.L.C. c/o U.S. WEST Communications Group Real Estate Services 8200 East Belleview, Suite 500 Englewood, Colorado 80111 Attn: PSL Manager/Wireless � with a copy to: U.S. WEST Wireless, L.L.C. 426 North Fairview Avenue Room 101 St. Paul, MN 55104 Attn: Regional Real Estate Mgr. 21• Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord_represents to the other party 12.16 t that such individual is authorized to do so by requisite action of the party to this Lease. 22. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 23. Complete Lease; Amendments. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any kind. There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. 24. Gove:-ning Law. This Lease shall be construed in accordance with the laws of the State of Minnesota. 25. severability. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 26. Miscellaneous. (a) Landlord represents and warrants that Landlord has full authority to enter into this Agreement and has good and marketable title to the Landlord's property. (b) This Agreement may be signed in counterparts by the parties hereto. (c) The terms and conditions of the Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of Landlord and APT. (d) Landlord shall contemporaneously herewith execute and acknowledge and deliver to APT for recording a Memorandum of this Agreement ("Memorandum"). (e) If Landlord or APT is represented by a Real Estate Broker or listing agent, the contracting party is responsible for all commissions, fees or other payment to such agent. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: CITY OF FRIDLEY By Its Mayor By Its City Manager 12.17 TENANT: STATE OF MINNESOTA COUNTY OF ) � > ss � U.S. WEST Wire ess, L.L.C. By � � I s ��1° .� .: � 10�.��.u. (��ilX«�• The foregoing instrument was acknowledged before me , this . ' day of , 199 � b� '- ' the Mayor and City Manager respectively of the City of Fridley, n;�� behalf of the corporation. °••••••... : STATE OF � D!' u � COUNTY OF �"�o,, � E � ) SS Notary Public The foregoing instrument was acknowledged before me this��day of �/Y1�1-c� , 199 S, bY—Yl�f►'��.�.F fi,�(,' S5 1 I")'t.c� , the of 7_ � behalf of the corporation. . �� 8t6 Of COIOf$(�O Debbie L. Ivar5011 Notary Pubiic /�C,��o p`�- �-�c*�.�G� Notary Public � 12.18 My Commission Expires Apr.12,1999 � EXHIBIT "A" TO SITE AGREEMENT LEGAL DESCRIPTION OF OWNER'S PROPERTY: Fridley Industrial Park Plat, Lot 2 and Lot 1 PIN 12 30 24 33 0005 PIN 22 30 24 33 0006 ADDRESS: 6960 N.E. Highway 65 Fridley, I�IN 55432 � SITE ID# A10052 SITE NAME: FRIDLEY It is agreed by Owner and U.S. WEST Wireless that the precise legal description for the Owner's Property will be corrected, if necessary, and that the correct legal description may be placed on this Exhibit `�A" by APT . 12.19 � EXHIBIT "g•• TO :. SITE AGREEMENT SKETCH AND DESCRIPTION OF.PROPERTY: SEE ATTACHED EXHIBIT {SITE DRAWINGS} B 1: Site Plan B2: Enlarged Site Plan B3: South and West Elevations B4: North Elevation 12.20 16 . ,� SITE ID#: AI0052 SITE NAME: FRI < � i ; � ; i �� C e� � � � �'w V1 • � � •�y � .�1 �r, �1 1 � a�: �� M � �� N � � � s J � � 1 �� ! ! � � � 0 W U � W N . S9 AdMHJIH a, W W Z H � � W v z o� 12.21 6 z � a W F- N •f � N � a a� � "Cy � � L t� � � W • � � .Q .:r �+M O �QoO WZQ- �� N a �a� � _ � � � Z o. � � v � c� cn o �a wz �¢00 �� W= a ir) � Q N z a - - � � Q.� l � i . w.. _,_.. •.�--- ��_ _ �� ( �� i � / � � ♦ / ♦ / � / � / � � �` / ` � I 1 / � 1 � — - --I - - � - _ r__ � ' - � / i �� i 2 � � O � C� tn Q w Z � Z � W � H � Z li Q i � � � . i,;,' � �� .` � � � �� '� - - I � I / 12.22 93. 9�` � � �� ,��N � 1 4 � : _ E- O � � N Q W Z � Z � W t— t-, � Z l� Q Z a w � � 0 W � � � Z W N .-. �''� I-�O W Z 00 �ZQ �~ N Z m � Q�.. � � 0 '' � � w? � � �� o s�3 �a� � N �� Q � 1 �� i � i w? ! � l $ � � � = I 12.23 � � � � � W & 3 � �m Z i N+ O �Z Z o � `p > W J W 6S W 3 0 � � � N � _ � � � N �O �� Z i r�.� + O �� _ ° '�.1 O � < > � W C W 3 0 �. . , �, � 3�-5' E �� Exhibit B4: North Elevation _ �{ � � ' ► � � , r 0' 16' 32� NOTE: HOR(ZINTAL SPACING OF AMENNqS ARE 4'-6' ;1 TOWER ELEVATION LOOKING NORTH h 12.24 �� (BETA) �a s • 1 1 I ioe w omw�� s�o �n+�r ss tt[. �a.�r. ►� �ma-s�s �� VATER TpyER FI�UNTED ANTENNAS NrD OUTDQ�R EQUIPFIE!!f TQVER ELEVATIOHS � A-3 0 s ww. +s� � � s! � � EXHIBIT "C" TO SITE AGREEMENT (See Article 3(a).) ___ _______ �e .��•.�♦..�.�.....�.�........ �..�...•.�._.��rJ.Y...)�..�.��. Conditions Precedent 1. All permits from all local or federal land use jurisdictions for the intended use. 2. All local airspace authorities and FAA determination of no hazard to airspace. _ 3. FCC authorization to utilize this location for the intended use. 4. APT's technical reports must establish to its exclusive satisfaction that the property is capable of being suitably engineered to accomplish APT's intended use of the Property. 12.25 CITY OF FRIDLEY M E M O R A N D U M WILLIAM A. BURNS CITY MANAGER j�� TO: � 7I' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CFiAMPA, CITY CLERK SUBJECT: MINNESOTA LAWFUL C�,1�LING PREMISE PERMIT RENEWAL APPLICATION FOR iQ�1IGHTS OF COLU1�iJS COUNCIL 4381 FRIDLEY DATE: APRIL 2, 1998 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Knights of Columbus Council 4381 Fridley. Gambling will be conducted at the KC Hall, 6831 Highway 65 Northeast. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. Staff has found no reason to deny this renewal application. 13.01 RE30LUTION NO. - 1998 RE30LUTION IN 3UPPORT OF AN APPLICATION FOR A MINNE30TA LAWFUL GAtrIDLING PREMI3E PERMIT TO IQ�IIGHT3 OF COLUlrIDU3 COUNCIL 4381 FRIDLEY WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Knights of Columbus Council 4381 Fridley; and wHEREAS, the location of the Premise Permit is for Knights of Columbus Council 4381, 6831 Highway 65 Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Knights of Columbus Council 4381 Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , lggg, ATTEST: WILLIAM A. CHAMPA - CITY CLERK 13.02 NANCY J. JORGENSON - MAYOR � � QTY OF FRIDLEY TO: FROM: DATE: SUBJECT: William W. Burns M E M O R A N D l! M City Manager T'he Honorable Mayor and City Council William W. Burns, City Manager q1'" � Apri12, 1998 Southern Anoka County Community Consortium Dues The Southern Anoka County Community Consortium has approved its budget and dues for 1998. The dues for the City of Fridley aze $2,750.00. A copy of the breakdown of SACC's budget is attached. Staff recommends that the City Council approve this request. Thank you for your consideration. WWB:rsc Attachment 14.01 F Y a 1 � � OUR COMMUNITY VALUES Responsibility Integrity Caring Self-Control Respect Non-Violence Citizenship Dr. William W. Burns Manager, City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear Bill: REC�i�'�.� Pli;�,� � 6 199$ SO UTHERN ANOKA CO UNTY COMMUNITY CONSORTI U1V1� Members include Cities of Columbia Heights, Fridley, Hilltop School Districts 13 and 14 Anoka County March 13, 1998 The Southern Anoka County Community Consortium approved the attached budget and dues for 1998. By way of this action I am requesting that the city submit their 1998 dues in the amount of $2,750. Please make the check payable to the Anoka County Treasu�er and send it to my attention. As always, should you have any questions, please do not hesitate to contact me. TY: pd 14.02 Sincerely, �� Tim Yantos Deputy Couniy Administrator 1997 Ending Balance Less Projected Expenditures: D. Rens SACCCNalues First Admin. Contract 9/97 - 8/98 9/98 - 12/98 Proposed Expenditures: Technical Service Miscellaneous 1998 Dues: Anoka County City of Fridley City of Columbia Heights District 13 District 14 City of Hilltop - Paid `98 1998 SACCC BUDGET $2,760 8,000 2, 670 14.03 $13,484.96 13.430.00 $i $ 5,000 500 $5,000 2,750 2,750 2,000 2, 000 100 � � C(TY OF FRIQLEY Name Julianne Tostenson Position Secretary Non- Exempt APPOINTMENT April 6, 1998 Starting Salary $13.86 per hour 15.01 Starting Date April 27, 1998 Replaces Debra Wolfe- � a CffY OF FRIDIEY CLAIMS APRIL 6,1998 CIAIMS 79784 - 801 27 16.01 � � CRY OF FRIDLEY LICENSES APRIL 6,1998 Tvpe of License � ON-SALE LIOUOR/SUNDAY LIOUOR Ground Round of Minnesota, Inc. Thomas J. Russo 5277 Central avenue NE Fridley, MN 55432 Joe DiMaggio's Sports Bar and Grill George A. Vespa 8298 University Avenue NE Fridley, MN 55432 Main Event Wendy Benincasa 7820 University Avenue NE Fridley, MN 55432 Maple Lanes Restaurant Harvey L. Anderson 6310 Highway 65 NE Fridley, MN 55432 Sandee's Gary L. Braam 6490 Central Avenue NE Fridley, MN 55432 Shant Sports Baz and Night Club Richard A. DeFoe 3720 East River Road NE � Fridley, MN 55432 Shorewood Restaurant James A. Niklow 6161 Highway 65 NE Fridley, MN 55432 Stuart Anderson's Cattle Co. George E. Miller 5696 University Avenue NE Fridley, MN 55432 CHARITABLE GAMBLING Main Event Wendy Benincasa 7820 University Avenue NE Fridley, MN 55432 - Knights of Columbus North Air Home Association 6831 Highway 65 NE Fridley, MN 55432 Shorewood Restaurant James A. Niklow 6161 Highway 65 NE Fridley, MN 55432 --- -- --- 17.01 Apnroved Bv Fees Public Safety Director � 8,200.00 Chief Building Official Public Safety Director Chief Building Official Public Safety Director Chief Building Official Public Safety Director Chief Building Official Public Safety Director Chief Building Official 7,200.00 8,200.00 � 6,200.00 6,200.00 Public Safety Director 9,500.00 Chief Building Official Public Safety Director 8,200.00 Chief Building Official Public Safety Director 8,200.00 Chief Building Official Public Safery Director Fire Inspector Public Safety Director Public Safety Director Fire Inspector 300.00 300.00 300.00 � a QTY OF FRIDLEY Tvne of License ON SALE CLUB American Legion Post 303 7365 Central Avenue NE Fridley, MN 55432 Knights of Columbus North Air Home Association 6831 Highway 65 NE Fridley, MN 55432 Loyal Order of Moose Lodge Number 38 8298 University Avenue NE Fridley, MN 55432 V.F.W. Number 363 1040 Osborne Road NE Fridley, MN 55432 � LICENSES APRIL 6,1998 17.02 A�proved Bv Public Safety Director Public Safety Director Public Safety Director Fees $ 700.00 850.00 850,00 Public Safety D'uector 850.00 �� r � ESTI MATES �oF APRIL 6,1998 FRIDLEY Frederic W. Knaak, Esq. � - Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 -� Services Rendered as City Attorney . for the Month of March, 1998 ......................................................... $ 4,250.00 M. C. Magney Construction, inc. � 19245 Highway 7 P.O. Box 249 Excelsior, MN 55331 Wellhouse No. 1 and Water Booster Station Project No. 298 Estimate No. 7 ................................................................................ $81,978.35 18.01 March 31, 1998 � _� P A R A G O N C A 8 L E Kim M. Roden, Vice President of Public Affairs The Honorable Nancy Jorgenson Mayor City of Fridley 5730 Polk St. N.E. Fridley, MN 55432 Dear Mayor Jorgenson: RF�'��'ED IVIAR 3 1 1S�$ � I am writing regarding the proposed ri�ht-of-way ordinance that the Fridley City Council will be discussin� on April 6. I appreciate the opportuniry to convey some of Para�on Cable'.s continued sugaestions regardin� the potential adoption of this new ordinance. While your staff have made some changes to the ordinance, we still are concerned about the potential of increased costs of doin� business in the City of Fridley. We request a�ain that the city consider exempting our company from paying permit fees, as we are the only. company in the riaht of way now that pays franchise fees to the ciry of Fridley. The city of Edina has exempted our company from permit fees in its right of way ordinance for this reason. We continue to be concerned about added costs to our customers on top of the five per cent fee that they are already paying and a level playing field with our competitors. We would simply be requesting that the city treat all companies and their customers in the rights of way fairly and equitably. We aze also concerned about increased costs of construction and the impact that will have on our business which is now highty competitive. We would further suagest that the city maintain its current permit fee structure until city staff can review its procedures to determine if they are the most effective and efficient. We have indicated our concerns with your city staff regarding your high fees in compazison to other cities we operate in. Your staff insists that the city is simply recovering costs, however, we would like to su�gest that procedures be re-examined to determine if the ciry's costs could we reduced by more efficiently conducting the work. Until the study is complete, we suggest you freeze your fees and work with your local utility companies and others to attempt to reduce these hi?her than avera�e costs. We appreciate the opportunity to provide this information to you and th? Gouncil and look focward to workin� on these issues in the near future. I will attend the council meetin� on April 6, to restate these concerns. Sincere , • � V��/ � Kim Roden Attachments cc: Fridley City Councit Members Bill Bums, Ciry Manager✓ John Flora, Public Works Director 801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 FAX 612/521-7626 A Time Warner Inc. Company citp ot' Edin.a Buildings, Construction and Signs 421.04 Subd. 1 Application; Fee. An applicauon for a germit shall be made on forms provided by the Engineer and shall be accompanied by the fees set forth in Seccion I85 � of this Code which arc cstablishcd to reimburse che City for Ciry casts. A person who �ays a franchise fee to the Ciry in accordance with a franchise agreemeni shall be exempt from the payment of permit fees. If the work is to be performed by a,n agent, _ contractor or subc:ontraccor on behalf of a registrant, such application shall be signed by che re�istrant. The application shall also be accompanied by the following: A. Scaled drawings sbowing the locarion of all facilities and improvement5 proposed by the applicant. , B. A descripuon of the methods thac will bc used for inscallation. C. A proposed schedule ior ali work. D. The locadon of any public streets, sidewallcs or alleys that will be temporarily closed [o trafFc during the work. E. The location of any public streets, sidewalks or alleys that will be disrugted by the work. F. A descripdon of inethods for restori.ng any public improvements disrupted by the work. G. Any other inforsnation reasonably required by the Engineer. Subd. 2 Security, For comvanies not oaeratin� under a franchisc with the Citv, a surery boad, leuer of credit or cash deposic in the amount desermined by che Engineer but noc less ihan �5,000, shail be required from each agplicanc: A surety bond shall be from a corporate snrety authorized to do business in the Sta�e. Securiry requited pursuant to this Subd. 2 shall be conditioned that the holder will perform the work in accordance wich this Section and applicable regulaaons, will pay to the City any cosu incurred by the City in performi.ng work pursuant to this Seccion; a�nd wiil indemaify and save the Ciry and its officers, ageacs and employees harinless agai.nst any aad all claims, judgment or oiher costs arising from any excavation and other work covered by [he Qermit or for which the City, Council or any Ciry officer may be liabie by reason of any accideat or injury to persons or property through the fault of the permit holder. either in improperly guarding the excavation or for aay other injury resulting from the negligence of the perm.it holder. The bond, Ietter of credit or cash deposii shall be released by the City upon completion �f the work and compliance wiiYt all conditions imposed by the permit. For peYmits allowing excavations wichin public streets, such bond, letter of credic or cash deposit shall be held for a period of 24 months to guara.nry the adequacy of all restoration work. � Snbd. 3 Permit Yssuance; Conditions. The Engineer shaIl grant a permit upon finding the work will comply with applicable sections of this Code. The permit shall be kept on the sitc of the work w6ile ic is in progress, in the custody of the individual in charge of the work. The� permic shall be exhibited upon reques[ r�nade by any City official or 421-� 0 U S WEST, Inc. Law Oepartment � 200 South Fifth Street, Room 395 Minneapolis, Minnesota 55402 (612) 672-8927 Facsimile (612) 672-8911 Kevin J. Saville Attorney April 2, 1998 Dear Councilmembers: RECEIVED qp� Q � �gg� �,�� This letter is in response to the City of Fridley's proposed ordinance regarding "Right-of-Way Management" and "General Provisions and Fees" which the Council is scheduled to consider �on Monday, April 6. U S WEST has reviewed the latest draft of the ordinance and has identified the following concerns. Chapter 11 "General Provisions and Fees° outlines several fees that the City of Fridley intends to impose with respect to construction and right-of-way activities. As the City is undoubtedly aware, Minnesota Statutes Chapter 237 allows the City to recover its "actual costs° incurred in managing its rights of way including such activities as registering applicants, processing permits, inspecting job sites and restoration projects. Minn. Stat. § 237.162, subd. 9. Under the statute, however, right-of-way management costs may not include "payment by telecommunications right-of-way user for the use of the public right-of-way." In this regard, U S WEST has two questions regarding the proposed City of Fridley ordinance. First, how are the proposed fees included in Chapter 11, Section 11.10 calculated? What information and documentation has the City assembled to substantiate that the proposed registration fee (407.04), excavation permit fee (407.07), delayed penalty fee (407.07), and degradation costs (407.111) represent the City of Fridley's actual cost? To the extent the City will seek,to impose these fees on U S WEST, U S WEST would like to review the documentation supporting these fees. The second issue relates to the "user fee° identified in Ordinance Section � 407.05. Based on the language contained in Ordinance Section 407.01(3) and the statutory prohibition contained in Minn. Stat. § 237.162 and identified above, it is U S WESTs understanding that this user fee will not apply to telecommunication companies. If this understanding is incorrect, I would appreciate it if you could notify me immediately. * - Councilmembers Page 2 April 2, 1998 I would appreciate it if this letter couid be included in the pubiic record associated with the City of Fridley's actions on the proposed right-of-way ordinance on Monday, April 6. If you have any questions regarding this letter, p(ease do not hesitate to call me. � Sincerely, _� � Kevin J. Saville APR-9�-1998 @4�22 MINNEGASCO /�Regasco 1 48?3 P.02�03 M A No�+14M FNERGY COAIPANY April 3, 1998 Mayor Nancy Jorgenson City of Fridley 643I University Avenue NE Fridley, N�t 55432-4383 Dear Mayor Jorgenson, As the council prepares to consider passage of a Right of Way Ordi.nance this coming Monday, I want to give yoa a quick update on the progress that has been made, and the concerns that we feel still need to be addressed, prior to passage. Since we talked last, John Flora met with all effected utilities to go over the changes he made to the ordinance, based on Council member comments at the March 16th Council meeting. Although some revisions were helpful; (requiring only one permit per block, when multiple service lines aze being installed), there aze still a number of issues that we are extremely conceraed about. Given this, we are askng the council giv� serious consideration to modifying 1he ordinance prior to passage, to address the following concerns: 1) Pennit fees should remain at the current level, until a study is done to determine the actual costs associated with Fridley's permitting process (section I I.10). 2) User fee language should be eliminated from the ROW ordinance (section 407.05). Not only aze there real questions as to the lega]ity of the fee, but given telecommunication companies aze specifically exempt, the city should not place an unfair burden on natural gas customers. 3) Permit fees should be elirninated for work preformed in State and County roadways (section 407.07). Given the City has no authority to approve or deny permits in these roadways. In an effort to accommodate the City's iaformatioa requirements, Minnegasco will grovide i.nformaxion about the project, and if the City feels it needs to map / uack infrastructure in non-city roadways, it should be doae at the City's expense, not the expense of our customers. 800 LaSalie A�enne P.O. Box 59U38 1r�____c. 1RU7 cG APR-@3-1998 @4�22 MINNEGASCO 612 321 48?3 P.03iO3 � 4) Cost's associated with movi.ag / supporting existing Minnegasco facilities during work initiated by the City, sbould be paid for by the city, not Minnegasco (section 407.25). Staadard cons�uction practices dictate the company initiating the work is responsible for ins�ing their work does not compromise the i.ntegrity of the other utility systems. 5) The city should not be exempt from having to pay ROW management fees when working on sewer and water projects (section 407.09). ROW management fees are to be based on actual cost, regazdless if it is city project or a project initiated by a public utility company like Minnegasco. As you can see from the above list, there are stilI a number of issues that need cazeful consideration (and moclification) prior to passage of this ordinance. Once agtin, thanlc you and the other Council Members for your thoughtfiil approach on this issue. �' If you need additional information, or would like to discuss this in greater detail, please don't hesitate to call. Sincerely, A1 Swintek Local Government Relations office 321-4799 home 424-4787 � Richard J. Pilon, . . Seninr Engineer office 321-5426 pc Fridley City Council Members Mr. Bill Burns, City Manager Mr. John Flora, P.E., Director of Public Works 2 City of Fridley . TO: , William W. Burns, City Manager �1� PW98-079 (�` _ . �� . - >� : =-. _ .. . ,. : . _ , FROM: John G. Flora,� Public Works Director DATE: Apri12, 1998 SUBJECT: Right-of-Way Ordinance Summary - - As a result of the Council's comments on the right-of-way ordinance at their March 16 meeting, the following is a summary of the major changes made to the right-of-way ordinance. A new paragraph was placed on page 12, Section 407.07 as a result of the meeting with the utilities, allowing the cities to waive fees for emergencies within the city. This addressed their concerns regarding the number of fees and suspense which would have to be satisfied in the event of a tornado, flood or other major event. As a means of clarifying the cost associated with an excavation, I have identified an excavation pernut to consist of three major parts: the City cost, the excavation and the mapping, as noted on page 14, Section 407.09. In essence this identifies the excavation fee as being $300. Currently, we aze charging $200 for a utility excavation. In the original draft I had idenrified a total figure of $520. As a result of the Council's concern, the definition of obstruction was expanded to apply to anything over 8 hours in the right-of-way as noted on page 5, Section 407.02, s and t. I also reduced the cost of an obstruction permit to just the review and recording for $75 from $240 as noted on page 31. The mapping fee is sepazately defined within the excavation requirement and a statement has been added to the ordinance indicating that a mapping fee is not required if the mapping data is provided on disk in GIS compatible city format. This is noted on page 14, Section 407.10, 3b and page 25, Section 407.21. ' The degradation cost was in error and has been corrected to reflect a$75 per lane foot as compared to � previously noted $450 on page 31. � The apparent contradiction and misunderstanding regarding the undergrounding utilities, I believe has been corrected on page 26, Section 407.22. It now makes it clear that undergrounding only applies to new construction that is directed by the City Council. 19.01 � April 2, 1998 Page 2 The issue regarding franchises specifically establishes supremacy on page 2, Section 407.01 3a. In regard to exemption of a user fee, this is noted in Section 407.03 2, exempting the payment of user fees if a franchise fee is paid by a utility. Other fees could be exempt as part of the franchise fee in a negotiation process if the Council so desires. This type of action would then be covered by the supremacy clause as noted. I have met with the utilities regazding these items on March 24. Copies of the revised document have been mailed to each of the utilities: NSP, Minnegasco, Pazagon and US West. I believe that while I have not satisfied all of their requests, the document as currently written addressed their issues as well as those of the City. I believe Pazagon still takes a position that they should be exempt from all fees and treated separately since they are the only utility paying a franchise fee to the City. During this same period I have been chairing a City Engineers Association of Minnesota/League task force on the fee structure. To date we have established the components of the various fees. All of the components identified are optional items to be considered by cities and in most cases, exceed those items that I have included in our ordinance. The task force is now developing the estimated time factors for the various components of the fees. Again, it appears that the times will probably be considerably longer than those that I have included in my analysis. After the task force action is completed and the information is distributed by the League, we can address this when the PUC rules become published for a possible revision in 1999. I believe that at this time the components and rates established are reasonable for what the City is actually expending in support of the right-of-way permit and inspection process. As a result of the meetings with the utilities and the task force, I believe that the ordinance submitted to the Council is a better document than originally developed by the League and properly addresses the municipal as well as utility issues in overseeing the right-of-way and recoupment of costs associated with that. Recommend that the City Council adopt the attached ordinance. Recommend that the City Council approve the summary ordinance to be officially published in the Fridley Focus. JGF:cz Attachments 19.02 ORDINANCE NO. AN ORDINANCE RLPBALING CHAPT$R 407 OF THB FRIDL$Y CITY COD$ IN ITS LNTIRSTY, AND ADOPTING A NSi�T CHAPTER 407, BNTITL$D "RIGHT-OF-�PAY MANAGEM$NT" AND AMBNDING CHAPTLR 11 OF THE FRIDL�Y CITY CODS� ENTITLSD "GBNSRAL PROVISIONS AND FEB'Sn THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 407.01. FINDINGS AND PURPOSE 1. To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its rights-of-way in a state of goad repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is frequent excavation. Right-of-way obstruction is a source of frustration for merchants, business owners and the general population which must avoid these obstructions or change travel or shopping plans because of them and has a detrimental effect on commerce. Persons whose equipment is within the right-of-way are the primary cause of these frequent obstructions. The City holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way. It also recognizes that some persons, by placing their equipment in the right-of-way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. � - - . _ � - - � _ • � � - ' � • - - -- . - . -- _. � '� •_ !• �-� _�• �- • _ -. _� �- . . _ t_ u__� ... .._. .._ - .�• • - - - -� - . • _.- . �_ •��t -�.- • � - • - � _ � - � - - • - - _ _ � - - - • - - � � -• �- • • }" _i • � lt 2. In response to the new Chapter of the and administration, revisions to othe foregoing facts, the City hereby enacts this City Code relating to right-of-way permits together with � ^�-a�^�^^° making necessary r Code provisions. This Chapter imposes 19.03 � � reasonable regulations on providers of electricity, light, heat, cooling energy, liquid and gaseous fuels, information and communication service to the public that place and maintain facilities or equipment currently within �s the City's rights- of-way or to be placed therein at some future time. It--is intended to complement the regulatory roles of state and federal agencies. Under this Chapter, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally; this Chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way �nd ado8ts the �tandards develog�d by the Public Utilities Commi Ginn fPUC) on maximum restorat�on requ�rements 7819 9900 through 7819 9950 3. In addition to the foregoing recovery of costs and regulation of use, the City Council determines that there is an existing anci legitimate state and local public policy, which authorizes the City to require payments as reimbursement or return to the public for the use value of the public rights-of-way from those who obtain revenue or profits from such use. This reimbursement is provided for and defined in this ordinance as the "user fee." This fee does not apply to the repair, replacement or reconstruction of an existing facility. Telecommunication facilities are exempt from a user fee by state statute. a. Public Interest and Welfare. The City Council finds that it is in the public interest to provide for the payment of a user fee by all persons who use and occupy the right-of-way for operating their businesses. This provides equity by requiring all users of the right-of-way to pay compensation apportioned equally among them all for the value and benefit of using such right-of-way. To ensure such fair treatment, this Chapter exempts franchise holders which pay franchise fees to the City on the date of adoption of this Chapter from the payment of a user fee. b. Legislative Power. In these situations, the City .Council desires to exercise its lawful police power and common law authority, and all statutory authority which is available to it, including but not limited to, the powers conferred on it under Minn. Stat. §§ 216B.36, 222.37, 237.16 and 300.03, (410.09) and 412.211, subdivisions 6, 23 and 32. The Council finds and determines that the public interest will be best protected by adopting this Chapter conferring.the right to occupy the right-of-way in return for payment as authorized by law. 19.04 2 c. Not a Rate. The City Council finds and determines that the user fee authorized by this Chapter is not and is not intended to be a rate as that term is defined in Minn. Stat. § 216B.02, Subd. 5. Such user fee is not a fee for a service that is provided to the customer of a person using the right-of-way, but is rather a fee paid for the right of that person to operate in the public right- of-way, and to maintain the equipment of a utility in the right- of-way in the City of Fridley. 407.02. DEFINITIONS The following definitions apply in this Chapter of this Code. Reference hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. a. ��Applicant" means any Person requesting permission to excavate or obstruct a right-of-way. b. "City" means the City of Fridley, Minnesota. For purposes of section 407.27, City means its eTected officials, officers, employees and agents. c. "Construction Performance Bond" means a performance bond, or other form of security posted to ensure the availability of sufficient funds to assure that Right-of-Way Excavation and Obstruction work is completed in accordance with the terms of the Right-of-Way Permit, or other applicable State law or local regulation. d. "Degradation" means a decrease in the useful life of the Right-of-Way caused by excavation in or disturbance of the Right-of-Way, resulting in the need to reconstruct such Right-of-Way earlier than would be required if the excavation did not occur. e. "Degradation Cost" means the cost to achieve a level of restoration as determined by the City at the time the perntit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in proposed PUC rules parts 7819.9900 to 7819.9950. f. "Degradation Fee" means the estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the Right-of-Way caused by the excavation, and which equals the Degradation Costs. 19.05 3 g. "Department" means the Department of Public Works of the City. h. "Department inspector" means any Person authorized by the Director to carry out inspections related to the provisions of this Chapter. i. "Director" means the Director of the Department of Public Works of the City, or her or his designee. - j. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in Right-of-Way construction. k. "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of Facilities in order to restore service to a customer. 1. "Equipment" means any tangible asset used to install, repair, or maintain Facilities in any Right-of-Way. m. "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a Right-of-Way. n. "Excavation Permit" means the permit which, pursuant to this Chapter, must be obtained before a Person may excavate in a Right-of-Way. An Excavation Permit allows the holder to excavate that part of the Right-of-Way described in such permit. o. "Excavation Permit Fee" means money paid to the City by an Applicant to cover the costs as provided in Chapter ll of this Code. p. "Facility or Facilities" means any tangible asset in the Right-of-Way required to provide Utility Service. q. "Local Representative" means a local person or persons, or designee of such Person or Persons, authorized by a Registrant to accept Service and to make decisions for that Registrant regarding all matters within the scope of `this Chapter. r. "Management Costs" means the actual costs the City incurs in managing its Rights-of-Way, including such costs, if incurred, as those associated with registering Applicants; issuing, processing, and verifying Right-of-Way permit applications and inspecting job sites 19.06 4 s. "Obstruct" means to place any tangible object in a Right-of- way so as to hinder free and open passage over that or any part of the Right-of-Way for a�Priod in excess of 8 ��nsect�tive hoLrs . t. "Obstruction Permit" means the permit which, pursuant to this Chapter, must be obtained before a Person may obstruct a Right-of-Way, allowing the holder to hinder free and open passage over the specified portion of that Right-of-Way #� a�eriod over 8 hoLrs by placing Fquipment described therein on the Right-of-Way for the duration specified therein. u. "Obstruction Permit Permittee to cover this Code. Fee" means money paid to the City by a the costs as provided in Chapter 11 of v. "Patch or Patching" means a method of pavement replacement that is temporary in nature. A Patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A Patch is considered full Restoration only when the pavement is included in the City's five year project plan. w. "Pavement" means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with asphalt, concrete, aggregate or gravel. x. "Permittee" means any Person to whom a permit to Excavate or Obstruct a Right-of-Way has been granted by the City under this Chapter. y. "Person" means any natural or corporate Person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity. z. "Probation" means the status of a Person that has not complied with the conditions of this Chapter. aa. "Probationary Period" means one year from the date that a • Person has been notified in writing that they have been put on Probation. 19.07 5 bb. "Repair" means the temporary construction work necessary to make the Right-of-Way useable for travel. cc. "Registrant" means any Person who (1) has or seeks to have its Equipment or Facilities located in any Right-of-Way, or (2) in any way occupies or uses, or seeks to occupy or use, the Right-of-Way or place its Facilities in the Right-of- Way. dd. ��Restore or Restoration�� means the process by which a Right- of-Way is returned to the same condition and life expectancy that existed before excavation. ee. "Restoration Cost" means the amount of money paid to the City by a Permittee to achieve the level of restoration according to plates 1 to 13 to PUC rules ff. "Right-of-Way�� means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City has_an interest, inc�uding other� - dedicated rights-of-way for travel purposes and utility easements of the City. A Right-of-Way does not include the airwaves above a Right-of-Way with regard to cellular or other nonwire telecommunications or broadcast service. gg. "Right-of-Way Permit" means either the Excavation Permit or the Obstruction Permit, or both, depending on the context, required by this Chapter. hh. "Service" or "Utility Service" includes but is not limited to (1) those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm communications, electricity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the purposes set forth in Minn. Stat. § 300.03; (4) the services provided by a district heating or cooling system; and (5) cable communications systems as defined in Minn. Stat. Chapter 238; and a(6) Telecommunication Right-of-Way User. as, defined in (ii). ii. "Supplementary Application" means an application made to Excavate or Obstruct more of the Right-of-Way than �'�,;;� � permitted or to extend a permit that had already been issued. jj. "Telecommunication Rights-of-Way User" means a Person owning or controlling a Facility in the Right-of-Way, or seeking to y9.08 6 . own or control a Facility in the Right-of-Way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Chapter, a cable communication system defined and regulated under Minn. Stat. Chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minn. Stat. Section 216B.02 a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are: not Telecommunications Right-of-way Users for purposes of this Chapter. kk. "Unusable Facilities" means Facilities in the Right-of-Way which have remained unused for one year and for which _the Registrant is�unable to provide proof that it has eit�ier a plan to begin using it within the next twelve (12) months or a potential purchaser or user of the Facilities. 11. "User Fee" is the sum of money, payable to the City, by a � person using or occupying the Right-of-Way; provided, however, that the City may at its option provide, at any " time by ordinance or by amendment thereto, for a greater or different fee applicable to all such persons in an amount and by a method of determination as may be further provided in such ordinance or amendment thereto. 407.03. ADMINISTRATION 1. Responsibility. The Director is the principal City official responsible for the administration of the Rights-of-Way, Right-of-Way Permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. 2. Franchise: Franchise Supremacy. The City may, in addition to the requirements of this Chapter, require any person which has or seeks to have equipment located in any Right- of-Way to obtain "a franchise to the full extent permitted by law now or hereinafter enacted. The terms of any franchise which are in direct conflict with any provision of this Chapter whether granted prior or subsequent to enactment of this Chapter, shall control and supercede the conflicting terms of this Chapter. All other terms of this Chapter shall be fully applicable to all Persons whether franchised or not. 19.09 � 407.4. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the Right- of-Way or place any Equipment or Facilities in the Right-of-Way, including Persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Director. Registration will consist of providing application information and paying a registration fee. 2. Registration Prior to Work. No Person may construct, install, repair, remove, relocate, or perform any other work on, or use any Facilities or any part thereof in any Right-of-Way without first being registered with the Director. -- 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting Persons to plant or maintain boulevard plantings or gardens in the area of the Right-of-Way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the Right-of-Way, and shall not be required to obtain any permits for planting or maintaining such boulevard plantings or gardens under this Chapter. However, nothing herein relieves a Person from complying with the provisions of the Minn. Stat. Chapter. 216D, ",One call" Law. SECTION 407.05. REGISTRATION INFORMATION 1. Information Required. The information provided to the Director at the time of registration shall include, but not be limited to: a. Each Registrant's name, Gopher One-Call registration certificate number, address and E-mail address if applicable, and telephone and facsimile numbers. � The name, address and E-mail address, if applicable, and telephone and facsimile numbers of a Local Representative. The Local Representative or designee shall be available at all times. Current information regarding how to contact the Local Representative in an Emergency shall be provided at the time of registration. c. A certificate of insurance or self-insurance: 19.10 8 � ■ 1. Verify that an insurance policy has been issued to the Registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the Director; 2. Verifying that the Registrant is insured against claims for Personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the Right-of-Way by the Registrant, its officers, agents, employees and Permittees, and (ii) placement and use of Facilities in the Right-of-W,ay by the Registrant, its officers, agents, employees and Permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground Facilities and collapse of property; 3. Naming the City as�an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; 4. Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; 5. Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this Chapter. d. The City may require a copy of the actual insurance policies. e. If the Person is a corporation, a copy of the certificate required to be filed under Minn. Stat. § 300.06 as recorded and certified to by the Secretary of State. f. A copy of the Person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the Person is lawfully required to have such certificate from said Commission or other state or federal agency. 2. Notice of Changes. The Registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes 19.11 � within fifteen (15) days following the date on which the Registrant has knowledge of any change. 3. Grant of Right; Payment of User Fee. Any person required to register under Section 407.04, which furnishes utility services or which occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do so if and only so long as it (1) timely pays the user fee as provided herein, and (2) complies with all other requirements of law. This legal entitlement shall not include use of the right-of-way for purposes nqt in furtherance of furnishing utility services for which additional authorization is required by this Code or other state or federal law, unless the person pays the user fee for such non-utility service use. Such fee shall be paid to the City in substantially equal (quarterly, semi-annual, annual) installments, subject to adjustment- and correction at the conclusion of the calendar year. Such fee shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time period in which the said person uses or occupies the right-of-way to furnish utility serviced, or places, maintains or uses its wires, mains, pipes, or any other facilities or equipment in the right-of-way. This section does not apply to a person which uses and. occupies the right-of-way for operating its business when there is a pre-existing franchise agreement between that person and the city and the payment of a franchise fees, nor does it apply to the repair, replacement or reconstruction of an existing facility. The grant of such right is expressly conditioned on, and is subject to, continuing compliance with all provisions of law, including this Chapter. 407.06. REPORTING OBLIGATIONS 1. Operations. Each Registrant proposing to work in the city shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground Facilities with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the information determined by the Director to be necessary to facilitate the coordination and reduction in the frequency of Excavations and Obstructions of Rights-of-Way. - The plan shall include, but not be limited to, the following information: 19.12 io a. The locations and the estimated beginning and ending dates of a11 Projects to be commenced during the next calendar year (in this section, a"Next-year Project"); and b. To the extent known, the tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five-year Project"). The term "project" in this section shall inclu�de both Next-year Projects and Five-year Projects. By January 1 of each year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed in the annual plans. All Registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each Registrant may change any Project in its list of Next-year Projects, and must notify the Director and all other Registrants of all such changes in said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project of another Registrant listed by the other Registrant. 2. Additional Next-year Projects. Notwithstanding the foregoing, the Director will not deny an application for a Right-of-Way Permit for failure to include a project in a plan submitted to the City if the Registrant� has used commercially reasonable efforts to anticipate and plan for the project. SECTION 407.07. PERMIT REQUIREMENT 1• Permit Required. Except as otherwise provided in this Code, no Person may Obstruct or Excavate any Right-of-Way without first having obtained the appropriate Right-of-Way Permit from the Director to do so. a. Excavation Permit. An Excavation Permit is required by a Registrant to excavate that part of the Right-of-Way described in such permit and to hinder free and open passage over the specified portion of the Right-of-Way by placing Facilities described therein, to the extent and for the duration specified therein. 19.13 �� • • -�{-� �• .•- � • - _ -�L . �• - _ - - •�. • - - � � ' �.� • - -��-- ' �. - - -�.� �" 11 +! • - - •�' -• • • - � • . - •� �- -• • - • • - }_ t - !L - _ � - � � � • � • - _�{{ Each �ermit an�lication will rern�ire the ma��ina data �e� cP�r;on 407.21. b. Obstruction Permit. An Obstruction Permit is required by a Registrant to hinder free and open passage over �e � specified portion of Right-of-Way fOr �eriods in excess of 8 consecutive hours by placing Equipment described therein on the Right-of-Way, to the extent and for the duration specified therein. - An Obstruction Permit is not required if a Persori already possesses a valid Excavation Permit for the same project. Failure to obtain an obstruc�ion permit �rior to the obstructi� will rernzire an after the fact obstruction �ermit fee n u� ��**+en of a delay �enaltv. •.. _� •• �_ • z�•�- • • - • ��-_• - • - � !• •� - - - '� ' nll� • - _ f-• '� - - . • • • • � - • � - - � • � • � • � - � . � - � < � � • • _ _ • - • � � • • __y�• - •- - _�� ' � c. Permit Waiver - - -� . �- •_ - •.�- • -��-_.- .- -. • - - �� _ . - - • � � • " ' � ' " - � • • �- -�� _ - -� • •- �{ _ . �_� �- �� _ --- S . •- - • • - - • � � - - • • • - - - � _ • - - • � - - • _ _ � � _ - • .•• • � .� �- - • �1 �__ •- •� -• • - .1 •. - 2. Permit Extensions. No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates specified in the permit unless such Person (i) makes _.a Supplementary Application for another Right-of-Way Permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. 19.14 12 � 3. Delay Penalty. Notwithstanding subd. 2 of this section, the City shall establish and impose a Delay Penalty for unreasonable delays not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable in Right-of-Way Excavation, Obstruction, Patching, or Restoration. The Delay Penalty shall be established from time to time by City Council resolution. 4. Permit Display. . Permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. SECTION 407.08. PERMIT APPLICATIONS Application for a permit is made to the Director. Right-of-Way Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: a. Registration with the Director pursuant to this Chapter; b. Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed Facilities. c. Payment of money due the City for 1. permit fees, estimated Restoration Costs and other Management Costs; - 2. prior Obstructions or Excavations; 3. any undisputed loss, damage, or expense suffered by the City because of Applicant's prior excavations or Obstructions of the rights-of-way or any Emergency actions taken by the City;. 4. franchise or user fees, if applicable. d. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least 110� of the amount owing. e. When an Excavation Permit is requested €or purposes of installing additional Facilities, and the posting of a 19.15 13 Construction Performance Bond for the additional Facilities is insufficient, the posting of an additional or larger Construction Performance Bond for the additional Facilities may be required. SECTION 407.09. ISSUANCE OF PERMIT; CONDITIONS . 1. Permit Issuance. If the Applicant has satisfied the requirements of this Chapter, the Director shall issue a permit. 2. Conditions. The Director may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant thereunder to protect the health, safety and welfare or when necessary to protect the Right-of= Way and its current use. SECTION 407.10. PERMIT FEES 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the Director in an amount sufficient to recover the following costs: a. the City Management Costs; b. Mapping Costs; c. Degradation Costs, if applicable. � 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established by the Director and shall be in an amount sufficient to recover the City Management Costs - asso��t�d with recording and ins�ecting the right-o -way obstruction. 3. Payment of Permit Fees. a. No Excavation Permit or Obstruction Permit shall be issued without payment of Excavation or Obstruction Permit Fees. The City may allow Applicant to pay such fees within thirty (30) days of billing. • - ..._�. .• •� . - -- - -• - _.._�. • _ � • • - • • � - • • - • • _ • - • • y� . 4. Non refundable. 19.16 14 Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 407.20 are not refundable. 5. Waiver of Fees. Payment of fees, as identified in this Chapter, with the exception of restoration costs, for water and/or sanitary sewer connections to property in the city are waived. However Registration and the Right- of-way Permit application must be submitted and approved by the city prior to commencement of � anv work. SECTION 407.11. RIGHT-OF-WAY PATCHING AND RESTORATION 1. Timing. The work to be done under the Excavation Permit, and the Patching � � Restoration of the Right-of-Way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the Permittee or .when work was prohibited as unseasonal or unreasonable under Section 407.14. 2. Patch and Restoration. Permittee shall Patch its own work. The City may choose either to have the Permittee restore the Right-of-Way or to Restore the pavement itself . a. City Restoration. If the City restores the pavement, Permittee shall pay the costs thereof within thirty (30) days of billing. If, during the twenty-four (24) months following such Restoration, the pavement settles due to Permittee's improper backfilling, the Permittee shall pay to the City, within thirty (30) days of billing, ail costs associated with having to correct the defective work. b. Permittee Restoration. If the Permittee Restores the Right-of-Way itself, the Director may require at the time of application for an Excavation Permit the posting of a Construction Performance Bond in an amount determined by the Director to be sufficient to cover the cost of Restoration. If, within twenty-four (24) months after completion of the Restoration of the Right-of-Way, the Director determines that the Right-of-Way has been properly Restored, the surety on the Construction Performance Bond shall be released. 19.17 15 3. Standards. The Permittee shall perform Patching andJ� Restoration according to the standards and with the materials specified by the Director. The Director shall have the authority to prescribe the manner and extent . of the Restoration, and may do so in written procedures of general application or on a case-by-case basis. The Director in exercising this authority shall comply with PUC standards for Right-of-Way Restoration and shall further be guided by the following considerations: a. The number, size, depth and duration of the excavations, disruptions or damage to the Right-of-Way; b. The traffic volume carried by the Right-of-Way; the character of the neighborhood surrounding the Right-of-Way; - � c. The pre-excavation condition of the .Right-of-Way; the remaining life-expectancy of the Right-of-Way affected by the excavation; d. Whether the relative cost of the method of restoration to the Permittee is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the Right-of-Way; and e. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the Right- of-Way that would otherwise take place. 4. Guarantees. By choosing to Restore the Right-of-Way itself, the Permittee guarantees its work and shall maintain it for twenty-four (24) months following its completion. During this 24-month period it shall, upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 407.14. 5. Obligation. Construction triggers an obligation of the right-of-way user that the right-of-way restoration be completed according to the conditions set forth in this Chapter. The right-of-way user arso assumes 19.18 16 responsibility for "as built" drawings and for repairing faciIities or structures, including right-of-way that was damaged during facility installation. The obligation is limited to one year for plantings and turf establishment. 6. Failure to Restore. If the Permittee fails to Restore the Right-of-Way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all Restoration required by the Director, the Director at its option may do such work. In that event the Permittee shall pay to the City, within thirty (30) days of billing, the cost of Restoring the Right-of-Way. If Permittee fails to pay as required, the City may exercise its rights under the Construction Performance Bond. 7. Degradation Cost in Lieu of Restoration. In lieu of Right-of-Way Restoration, a Right-of-Way user may elect to pay a Degradation Fee with the approval of the Director. However, the Right-of-Way User shall remain responsible for Patching and the Degradation Fee shall not include the cost to accomplish these responsibilities. SECTION 407.12. JOINT APPLICATIONS 1. Joint Application. Registrants may jointly apply for permits to Excavate or Obstruct the Right-of-Way at the same place and time. 2. With City Projects. Registrants who join in a scheduled Obstruction or Excavation performed by the Director, whether or not it is a joint application by two or more Registrants or a single application, are not required to pay the Obstruction and Degradation portions of the permit fee. i .. ,- �-�-�-- -- - --�_:.?r_zzz-iszl��ill��=-I��i3K�llil�l.i�s�!�'c<��_S!�Sif%3� � � • �� - - I��-�� • R • • • 1 3. Shared Fees. Registrants who apply for permits for the same Obstruction or Excavation, which the Director does not perform, may share in the payment of the Obstruction or Excavation Permit Fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. 19.19 �� SECTION 407.13. SUPPLEMENTARY APPLICATIONS 1. Limitation on Area. A Right-of-Way Permit is valid only for the area of the Right-of-Way specified in the permit. No Permittee may obstruct or do any work outside the area specified in the permit, except as provided herein. Any Permittee which determines that an area greater than that specified in the permit must be Obstructed or Excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. 2. Limitation on Dates. A Right-of-Way Permit is valid only for the dates specified in the permit. No Permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a Permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This Supplementary Application must be done before the initial permit end date. SECTION 407.14. OTHER OBLIGATIONS 1. Compliance With Other Laws. Obtaining a Right-of-Way Permit does not relieve Permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay ail fees required by the City or other applicable rule, law or regulation. A Permittee shall comply with all requirements of local, state and federal laws, including Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System"). A Permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the Right-of-Way pursuant to its permit, regardless of who does the work. 2. Prohibited Work. Except in an Emergency, and with the approval of the Director, no Right-of-Way Obstruction or Excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. 3. Interference with Right-of-Way. 19.20 �8 � A Permittee shall not so Obstruct a Right-of-Way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the Right-of-Way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. SECTION 407.15. DENIAL OF PERMIT The Director may deny a permit for failure to meet the requirements and conditions of this Chapter or if the Director determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the Right-of-Way and its current use. 1. Mandatory Denial. Except in an emergency, no right-of-way permit will be granted. a. To any person required by Section 407.04 to be registered who has not done so; b. To any person required by Section 407.06 to file an annual report but has failed to do so; c. To any person who has failed within the past two (2) years to comply, or is presently not in full compliance,: with the requirements of this Chapter. d. To any person as to whom there exists grounds for the revocation of a permit under Section 407.20 or e. If, in the discretion of the Director, the issuance of a permit for the particular date and/or time would cause a • conflict or interfere with an exhibition, celebration, festival, or any other event. The Director, in exercising this discretion, shall be guided by the safety and convenience of ordinary travel of the public over the right- of-way, and by considerations relating to the public health, safety and welfare. 2. Permissive Denial. The Director may deny a permit to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The Director, in her or his discretion, may consider one or more of the following factors: � 19.21 19 a. the extent to which right-of-way space where the permit is sought is available; b. the competing demands for the particular space in the right- of -way; c. the availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant; d. the applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right- of-way; e. the degree of compliance of the applicant with the terms and conditions of its franchise, this Chapter, and other applicable ordinances and regulations; f. the degree of disruption to surrounding neighborhoods and businesses that will result from the use of that part of the right-of-way; � g. the condition and age of the right-of-way, and whether and when it is scheduled for total or partial reconstruction; and h. the balancing of the costs of disruption to the public and damage to the right-of-way, against the benefits to that part of the public served by the expansion into additional parts of the right-of-way. 3. Discretionary Issuance. Notwithstanding the provisions of this Section subd. 1, the Director may issue a permit in any case where the permit -, is necessar.y (a) to prevent substantial economic hardship to a customer of the permit applicant, or (b) to allow such customer to materially improve its utility service, or (c) to allow a new economic development project, or otherwise required by law; and where the permit applicant did not have knowledge of the hardship, the plans for improvement of service, or the development project when said applicant was required to submit its list of Next-year Projects. 4. Permits for Additional Next-year Projects. Notwithstanding the provisions of this Section subd. 1 above, the Director may issue a permit to a registrant who was allowed under Section 407.07 Subd. 2, to submit an additional Next-year Project, 19.22 ao � I such permit to be subject to all conditions and requirements of law, including such conditions as may be imposed under Section 407.09. SECTION 407.16. INSTALLATION REQUIREMENTS The excavation, backfilling, patching, repair, and restoration, and all other work performed in the Right-of-Way shall be done in conformance with Engineering Standards adopted by the PUC or other applicable local requirements, in so far as they are not inconsistent with PUC Rules. SECTION 407.17. INSPECTION 1. Notice of Completion. Unless waived by the city, a person designated by the right-of-way user as a responsible employee shall sign a completion certificate showing the completion date for the work performed, identifying the installer and designer of record, and certifying that work was completed according to the requirements of the city. If necessary due to approved changes for the work as projected when the permit was applied for, the permittee shall submit "as built" drawings or maps within six months of completing the work, showing any deviations from the plan that are greater than plus or minus two feet. The city shall respond within 30 days of receipt of the completion certificate. Failure to approve or disapprove the permittee's performance within 30 days is deemed to be approval by the city. 2. Site Inspection. Permittee shall make the work-site available to the Director and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 3. Authority of Director. a. At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. b. The Director may issue an order to the Permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the Permittee shall present 19.23 21 � proof to the Director that the violation has been corrected. If such proof has not been presented within the required time, the Director may revoke the permit pursuant to Section 407.20. SECTION 407.18. WORK DONE WITHOUT A PERMIT 1. Emergency Situations. Each Registrant shall immediately notify the Director of any event regarding its Facilities which it considers to be an Emergency. The Registrant may proceed to take whatever actions are necessary to respond to the Emergency. Within two business days after the occurrence of the Emergency the Registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the Emergency. . If the Director becomes aware of an Emergency regarding a Registrant's Facilities, the Director will attempt to contact the Local Representative of each Registrant affected, or potentially affected by the Emergency. In any event, the Director may take whatever action it deems necessary to respond to the Emergency, the cost of which shall be borne by the Registrant whose Facilities occasioned the Emergency. 2. Non-Emergency Situations. Except in, an Emergency, any Person who, without first having obtained the necessary permit, Obstructs or Excavates a Right-of-Way must subsequently obtain a permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees required by the Legislative Code, deposit with the Director the fees necessary to correct any damage to the Right-of-Way and comply with all of the requirements of this Chapter. SECTION 407.19. SUPPLEMENTARY NOTIFICATION If the Obstruction or Excavation of the Right-of-Way begins later or ends sooner than the date given on the permit, Permittee shall notify the Director of the accurate information as soon as this information is known. SECTION 407.20. REVOCATION OF PERMITS l. Substantial Breach. The City reserves its right, as provided herein, to revoke any Right- of-Way Permit, without a fee refund, if there is a substantial breach 19.24 22 of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by Permittee shall include, but shall not be limited to, the following: a. The violation of any material provision of the Right-of-Way Permit; b. An evasion or attempt to evade any material provision of the Right-of-Way Permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; c. Any material misrepresentation of fact in the application for a Right-of-Way Permit; d. The failure to complete the work in a timely manner; unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the Permittee's control; or e. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an Order issued _ pursuant to Section 407.16. � 2. Written Notice of Breach. If the Director determines that the Permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit the Director shall make a written demand upon the Permittee to remedy 'such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the Director, at his or her discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, Permittee shall provide the Director with a plan, acceptable to the Director, that will cure the breach. Permittee's failure to so contact the Director, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, Permittee's failure to so contact the Director, or the Permittee's failure to submit an acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall automatically place the Permittee on Probation for one (1) full year. 19.25 23 4. Cause for Probation. From time to time, the Director may establish a list of conditions of the permit, which if breached will automatically place the Permittee on Probation for one full year, such as, but not limited to, working out of the allotted time period or working on Right-of-Way gros-sly outside of the permit authorization. 5. Automatic Revocation. If a Permittee, while on Probation, commits a breach as outlined above, Permittee's permit will automatically be revoked and Permittee will not be allowed further permits for one full year, except for Emergency repairs. 6. Reimbursement of City Costs. If a permit is revoked, the Permittee shall also reimburse the City for the City's reasonable costs, including Restoration Costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. SECTION 407.21. MAPPING DATA _ � � ..,. 1. Information Required. Each Registrant shall provide Mapping information required by the Director to include the following information: a. location and approximate depth of applicant's mains, cables, conduits, switches, and related equipment and facilities, with the location based on: 1. offsets from property lines, distances from the centerline of the public right—of-way, and curb lines as determined by the city; or 2. coordinates derived from the coordinate system being used by the city; or 3. any other system agreed upon by the right-of-way user and city; b. the type and size of the utility; c. a description showing above-ground appurtenances; d. a legend explaining symbols, characters, abbreviations, scale, and other data shown on the map; and " 19.25 24 ■ e. Mapping data shall be provided with the specificity requested by the Director for inclusion in the mapping system used by the city. f. For ma��ina data �rovided to the City of Fridley in GIS comnatible and City format the mapa�a portion of the excav�tion/obstrLCt?on fee is waived 2. Submittal Requirement. a. Within six (6) months after the acquisition, installation, or construction of additional equipment or any relocation, abandonment, or disuse of existing equipment, each registrant shall submit the Mapping Data required herein. b. Within two (2) years after the date of passage of this Chapter, all right-of-way users shall submit detailed plans as may be reasonable and practical for all facilities and equipment installed, used or abandoned within the public right-of-way. c. Notwithstanding the foregoing, Mapping Data shall be submitted by all Registrants for all equipment which is to be installed or constructed after the date of passage of this Chapter at the time any permits are sought under these - ordinances.� - d. Six (6) months after the passage of this Chapter, a new Registrant, or a Registrant which has not submitted a plan as required above, shall submit complete and accurate Mapping Data for all its equipment at the time any permits are sought under these ordinances. � 3. Telecommunication Equipment. Information on existing facilities and equipment of telecommunications right-of-way users need only be supplied in the form maintained by the telecommunications right-of-way user. 4. Trade Secret Information. At the request of any Registrant, any information requested by the Director, which qualifies as a"trade-secret" under Minn. Stat. § 13.37(b) shall be treated as trade secret information as detailed therein. SECTION 407.22. LOCATION OF FACILITIES 1. Undergrounding. 19.27 25 . .§ as5a 'vi vx cs:ic�o c3�C�Bcs�3�—c^s�A�TC��9H�� ae��}��es �.�@—�-�3E�E�� re�}�e�—ea- ~�°^' �^°a New construction and the installation of new -=r-----• . Facilities a��-�e��e�e�eA�—e£ e�� '�~�"*� �^ shall be done underground or contained within buildings or other structures in conformity v�ith applicable codes when directed by the City Council. ��it—S�.�ee�e� €e� gee� eat�s�° ^�r- 2. Corridors. � The Director may assign specific corridors within the Right-of-Way, or any particular segment thereof as may be necessary, for each type of Facilities that is or, pursuant to current technology, the Director expects will someday be located within the Right-of-Way. All excavation, obstruction, or other permits issued by the Director involving the installation or replacement of Facilities... shall designate the proper corridor for the Facilities at issue. ` Any Registrant who has Facilities in the Right-of-Way in a position at variance with the corridors established by the Director shall, no later than at the time of the next reconstruction or excavation of the area where the Facilities are located, move the Facilities to the assigned position within the Excavation of the Right-of-Way, unless this requirement i.s waived by the Director for good cause shown, upon consideration of such factors as the remaining �conomic life of the Facilities, public safety, customer Service needs and hardship to the Registrant. 3. Limitation of Space. To protect public health, safety, and welfare or when necessary to protect the Right-of-Way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional Facilities within the Right-of-Way. In making such decisions, the Director shall strive to the extent possible to accommodate all existing and potential users of the Right-of-Way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular Utility Service, the eondition of the Right-of-Way, the time of year with respect to essential utilities, the protection of existing Facilities in the Right-of-Way, and future City plans for public improvements and development projects which have been determined to be in the public interest. SECTION 407.23. RELOCATION OF FACILITIES A Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its FaciTities in the Right-of-Way whenever the Director for good cause 19.28 26 � requests such removal and relocation, and shall restore the Right-of- Way to the same condition it was in prior to said removal or relocation. The Director may make such request to prevent interference by the Company's Equipment or Facilities with (i) a present or future City use of the Right-of-Way, (ii) a public improvement undertaken by the City, (iii) an economic development project in which the City has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the Right-of-Way. Notwithstanding the foregoing, a Person shall not be required to remove or relocate its Facilities from any Right-of-Way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the Person therefor. SECTION 407.24. PRE-EXCAVATION FACILITY AND FACILITIES LOCATION In addition to complying with the requirements of Minn. Stat. §§ 216D.01-.09 ("One Call Excavation Notice System") before the start date of any Right-of-Way excavation, each Registrant who has Facilities or Equipment in the area to be excavated shall mark the horizontal and approximate vertical placement of all said Facilities. Any Registrant whose Facilities is less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the � exact location of its Facilities and the best procedure for excavation. SECTION 407.25. DAMAGE TO OTHER FACILITIES When the Director does work in the Right-of-Way and finds it necessary to maintain, support, or move a Registrant's Facilities to protect it, the Director shall notify the Local Representative as early as is reasonably possible. The costs associated therewith will be billed to that Registrant and must be paid within thirty (30) days from the date. of billing. Each Registrant shall be responsible for the cost of repairing any Facilities in the Right-of-Way which it or its Facilities damages. Each Registrant shall be responsible for the cost of repairing any damage to the Facilities of another Registrant caused during the City's response to an Emergency occasioned by that Registrant's Facilities. SECTION 407.26. RIGHT-OF-WAY VACATION 1. Reservation of Right. 19.29 2� If the City vacates a Right-of-Way which contains the Facilities of a Registrant, and if the vacation does not require the relocation of Registrant's or Permittee's Facilities, the City shall reserve, to and for itself and all Registrants having Facilities in the vacated Right- of-Way, the right to install, maintain and operate any Facilities in the vacated Right-of-Way and to enter upon such Right-of-Way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. 2. Relocation of Facilities. If the vacation requires the relocation of Registrant's or Permittee's Facilities; and (i) if the vacation proceedings are initiated by the Registrant or Permittee, the Registrant or Permittee must pay the relocation costs; or (ii) if the vacation proceedings are initiated by the City, the Registrant or Permittee must pay the relocation costs unless otherwise agreed to by the City and the Registrant -or Permittee; or (iii) if the vacation proceedings are initiated by- a Person or Persons other than the Registrant or Permittee, such other Person or Persons must pay the relocation costs. SECTION 407.27. INDEMNIFICATION AND LIABILITY By registering with the Director, or by accepting a permit under this Chapter, a Registrant or Permittee agrees as follows: 1. Limitation of Liability. By reason of the acceptance of a registration or the grant of a Right- of-Way'Permit, the City does not assume any liability (i) for injuries to Persons, damage to property, or loss of Service claims by parties other than the Registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of Facilities by Registrants or activities of Registrants. 2. Indemnification. A Registrant or Permittee shall indemnify, keep, and hold the City free and harmless from any and all liability on account of injury to Persons or damage to property occasioned by the issuance of permits or by the construction, maintenance, repair, inspection or operation of Registrant's or Permittee's Facilities located in the Right-of-Way. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the local government unit's negligence as to the issuance of permits or inspections to ensure permit compliance. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts that the Registrant �or 19.30 as Permittee reasonably believes will cause injury or damage, and the performance is nevertheless ordered or directed by the City after receiving notice of the Registrant's or Permittee's determination. 3. Defense. If a suit is brought against the City under circumstances where the Registrant or Permittee is required to indemnify, the Registrant or Permittee, at its sole cost and expense, shall defend the City in the suite if written notice of the suite is promptly given to the Registrant or Permittee within a period in which the Registrant or Permittee is not prejudiced by the lack or delay of notice. If the Registrant or Permittee is required to indemnify and defend, it � shall thereafter have control of the litigation, but the Registrant or __ Permittee may not settle the litigation without the consent of the City. Consent will not be unreasonably withheld. This part is not, as to third parties, a waiver of any defense, immunity, or damage limitation otherwise available to the City. In defending an action on behalf of the City the Registrant or Permittee is entitled to assert in an action every defense, immunity, or damage limitation that the City could assert in its own behalf. SECTION 407.28. ABANDONED AND UNUSABLE FACILITIES 1. Discontinued Operations. A Registrant who has determined to discontinue its operations in the City must either: a. Provide information satisfactory to the Director that the Registrant's obligations for its.Facilities in the Right-of- Way under this Chapter have been lawfully assumed by another Registrant; or b. Submit to the Director a proposal and instruments for transferring ownership of its Facilities to the City. If a Registrant proceeds under this clause, the City may, at its option: 1. purchase the Facilities; or 2. require the Registrant, at its own expense, to remove it; or . 19.31 _ 29 3. require the sufficient anticipated Facilities. 2. Abandoned Facilities. Registrant to post a bond in an amount to reimburse the City for reasonably costs to be incurred in removing the Facilities of a Registrant who fails to comply with subd. 1 of this Section, and which, for two (2) years, remains unused or one year after the passage of this Chapter, any Facilities found in a Right-of- Way that have not been Registered with the city shall be deemed to be abandoned. Abaridoned Facilities is deemed to be a nuisance. The City may exercise any remedies or rights it has as law or in equity, including, but not limited to, (i) abating the nuisance, (ii) taking possession of the Facilities and restoring the Right-of-Way to a useable condition, or (iii) requiring removal of the Facilities by the Registrant, or the Registrant's successor in interest. 3. � Removal. Any Registrant who has unused, unusable and abandoned Facilities in any Right-of-Way shall remove it from that Right-of-Way within and during the next scheduled excavation, unless this requirement is waived by the Director. SECTION 407.29. APPEAL a. A Right-of-Way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; or (4) believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. b. Upon affirmation by the City Council of the denial, revocation, or fee imposition, the Right-of-Way User shall have the right to have the matter resolved by binding arbitration if agreed to by the city. Binding arbitration must be before an arbitrator agreed to by both the City Council and Right-of-Way User. If the parties cannot agree on an arbitrator, the matter must be resolved by a three- person arbitration panel made up of one arbitrator selected by the City, one arbitrator selected by the Right-of-Way User and one selected by the other two arbitrators. The costs and 19.32 30 fees of a single arbitrator shall be borne equally by the City and Right-of-Way User. In the event there is a third arbitrator, each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third arbitrator and of the arbitration. SECTION 407.30. RESERVATION OF REGULATORY AND POLICE POWERS A Permittee's or Registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. SECTION 407.31. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non-appealable order that any permit, right or registration issued under this Chapter or any portions of this Chapter is illegal or unenforceable, then any such permit, right or registration granted or deemed to exist hereunder shall be considered as a revocable permit with a mutual right in either party to terminate without cause upon giving sixty (60) days written notice to the other. The requirements and conditions of such a revocable permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and the right of termination. Nothing in this Chapter precludes the City from requiring a franchise agreement with the Applicant, as allowed by law, in addition to requirements set forth herein. CHAPTER 11, GENERAL PROVISIONS AND FEES Section 11.10 "Fees" is amended to include the following: 407.04 407.07 407.07 Registration Fee Excavation Permit Obstruction Permit 19.33 31 $22.50 �� . - • � • . - . -� � � �� . . - - - - - - - _ �� - - _ - _-- 407.07 Permit Extension 407.07 Delay Penalty 407.10 MaBping Fee 407.11 Degradation Cost 407.05 User Fee (Residential, commercial or industrial) 19.34 32 � ��e� c�€ �a�tes ��e-�e� ��e� �T—st�e�—��tes � �e� �ae�� $75.00 Permit extension fee plus $100.00 penalty 5220.00 if data i4 n�fi in C'tv format and City GIG comD� b]P Pavement cost per square foot x �-9� €�e��e� ae �� €ee� �a�e ��---�� foot of lane impacted Land value x 10� acquisition cost x 50� non-exclusive use x area of impact ■ , ORDINANCE Stir1�Il�1ARy ORDINANCE NO. _ OFFICIAL TITLE AND SUNIl�IARY I. Title: An Ordinance Repealing Chapter 407 of the Fridley City Code in its Entirety and Adopting a New Chapter 407 Entitled "Right-of-way Management" and Amending Chapter 11 of the Fridley City Code Entitled General Provision and Fees. II. Summary. The City Council of the City of Fridley does hereby ordain as follows: The ordinance implements the 1997 Minnesota Legislative law contained in Chapter 123 �regarding the management of the public rights-of-way. The purpose of the ordinance is to outline the registration and permitting requirements as well as coordinating projects providing forrecording and mapping of utilities placed within the public rights-of-way and identifying those conditions associated with restoring the rights-of-way. The ordinance holds the rights-of-way within the geographic boundaries of the city as an asset and trust for its citizens. The city and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way. It also recognizes that some persons by placing their equipment in the rights-of-way and charging the citizens of the city for goods and services delivered thereby are using this property held for the public good, although said services are often necessary or are convenient for citizens, such persons receive revenue and/or profit through their use of public property. In these situations the City Council desires to exercise its lawful police power and common law authority and all statutory authority which is available to it including but not limited the powers conferred upon it by Minnesota statutes 216B.36, 222.37, 237.16 and 300.03 (410.09) and 412.211 subdivision 6, 23 and 32. The Council finds and determines that the public interest would be best protected by adopting this chapter conferring the right to occupy the rights-of-way in return for payment as authorized by law. The ordinance describes the process to register for work within the rights-of-way, the permit application process and fees necessary to recoup the cost for administering and managing the rights-of-way as well as establishing the repair and restoration standards to ensure that the rights-of-way is restored to the same condition prior to any excavations or work. It also authorizes the process for denying permits, revocation .of permits, establishment of process for emergency work, as well as locating facilities and relocating facilities within the rights-of-way as well as for the collection of fees. III. This title and summary have been published to clearly inform he public of the intent and effect of the City of Fridley's rights-of-way ordinance. A copy of the ordinance in its entirety is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue NE, Fridley, MN 55432. Passed and Adopted by the City Council of the City of Fridley the 6`� day of April, 1998. Public Hearing: First reading - March 2, 1998 Second reading - Apri16, 1998 Publicarion: April 16, 1998 19.35 CITY OF FRIDLEY COMMISSION TERMS THAT WILL EXPIRE IN 1998 FOR CITY COUNCIL CONSIDERATION Term Present Members Expires Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Diane Savage 4-1-00 , CHAIR VICE-CHAIR CHAIR David Kondrick 4-1-00 PARKS & REC. . CHAIR Bradley Sielaff 4-1-00 ENVIRON. QUALITY CHAIR Larry Kuechle 4-1-99 APPEALS COMM. CHAIR LeRoy Oquist 4-1-98 HUMAN RES. AT Dean Saba 4-1-98 - LARGE AT Connie Modig 4-1-99 LARGE APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Larry Kuechle 4-1-99 VICE- Carol Beaulieu 4-1-00 CHAIR Terrie Mau 4-1-00 . Kenneth Vos 4-1-99 Blaine Jones 4-1-98 ENVIRONMENTAL QUALITY AND ENERGY COMMISSION (Chapter 6) (7 Members - 3 Year Term) �..� ; CHAIR Bradley Sielaff 4-1-00 VICE- Richard Svanda 4-1-00 CHAIR John Velin 4-1-99 Peter Panchyshyn 4-1-99 ' Dean Saba 4-1-98 Bruce Bondow 4-1= 2�.�1 Rosalie Landt 4-1-yt� S � � Term Present Members Exaires HUMAN RESOURCES COMMISSION (Chapter 6) (5 Members - 3 Year Term) CHAIR LeRoy Oquist 4-1-98 J. Raffesberger 4-1-00 Satveer Chaudhary 4-1-98 x Terrie Mau 4-1-99 4-1-99 VACANT PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-00 VICE- Marcy Sibeil 4-1-00 CHAIR Susan Price 4-1-99 Richard Young 4-1-98 Tim Solberg 4-1-98 CABLE TELEVISION COMMISSION (Sec. 405.28)(5 Members-3 Yr. Term) CHAIR Ralph Stouffer 4-1-99 VICE- Robert Scott 4-1-00 CHAIR Burt Weaver 4-1-99 Joseph Kemer 4-1-00 Gen Peterson 4-1-98 POLICE COMMISSION (Chapter 102}(3 Members - 3 Year Term) CHAIR Mavis Hauge 4-1-98 John Burton 4-1-99 John K. Hinsverk 4-1-00 . 2�.�2 HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term} CHAIR Larry Commers 6-9-99 VICE- Virginia Schnabel 6-9-00 CHAIR J. R. McFarland 6-9-02 John E. Meyer Duane Prairie 6-9-01 6-9-98 20.03 CITY OF FRIDLEY M E M O R A N D U M V Tp: WILLIAM R. BURNS, CITY MANAGER�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAt�A, CITY CLERK SUBJECT: MINNESOTA L�AWEVL GAI�LING PREMISE PERMIT APPLICATION F'OR ITALIAN AMERICAN MINNEAP4LIS FOUNDATION CLUB DATE: APRIL 2, 1998 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Italian American Minneapolis Foundation Club. Gambling will be conducted at Main Event, 7820 University Avenue Northeast. Italian American Minneapolis Foundation Club was founded in 1982 and operates exclusively for charitable and educational purposes. Their primary goal is to serve the residents of the northeast suburbs, including Fridley. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. Staff has found na reason to deny this_application. - 21.01 RE30LUTION NO. - 1998 RE30LUTION IN 3UPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GA1rIDZ,ING PREMI3E PERMIT TO ITALIAN AMERI('•AN MINNEAPOLI3 FOUNDATION CLUB WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for Italian American Minneapolis Foundation Club; and WHEREAS, the location of the Premise Permit is for Main Event, 7820 University Avenue Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Italian American Minneapolis Foundation Club. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _ , 1998. - ATTEST: WILLIAM A. CHAMPA - CITY CLERK 2y.�2 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY M E M O R A N D U M Tp; WILLIAM W. BURNS, CITY MF,NAGER � n' � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR AILLIAM A. CHAt�A, CITY CLERK SUBJECT: MINNESOTA LAWEVL GAI�LING PREMISE PEi�tIT APPLICATION FOR MINNESOTA YOUTA ATHLETIC SERVICES DATE: APRIL 2, 1998 Attached is a resolution approving the app�ication for a Minnesota Lawful Gambling Premise Permit for Minnesota Youth Athletic Services. Gambling will be conducted at Shorewood Restaurant, 6161 Highway 65 Northeast. Minnesota Youth Athletic Services, organized in 1991, states that they are dedicated to improving the delivery of youth sports services to young athletes, coaches and parents. They attempt to promote sportsmanship, teamwork and cultural interaction through sporting competition. They also attempt to link regional volunteer youth sports programs with others statewide. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. Staff has found no reason to deny this application. 22.01 RESOLUTION NO. - 1998 RE30LUTION IN 3UPPORT OF AN APPLICATION FOR A MINNE30TA LAWFUL GAI�I,ING pgEMIgE PERMIT TO MINNE30TA YOUTH ATBLETIC 3ERVICE3 WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for Minnesota Youth Athletic Services; and WHEREAS, the location of the Premise Permit is for Shorewood Restaurant, 6161 Highway 65 Northeast; and � WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Minnesota Youth Athletic Services. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 2L.OG � FRIDLEY CITY COUNCIL MEETING OF APRIL 6,1998 CITY OF FRIDLEY INFORMAL STATUS REPORTS 23.01 �