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FRIDLEY CITY COUNCIL MEETINC�
OF JULY 23, 2007
T:30 p.m. - City Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF JULY 23, 2007
CffY OF
FRIQLEY
The City of Fridley will not discriminate against or harass anyone in the admission or
access to, or treatment, or employment in its services, programs, or activities because of
race, color, creed, religion, national origin, sex, disability, age, marital status, sexual
orientation or status with regard to public assistance. Upon request, accommodation will
be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearing impaired persons who need an interpreter or other
persons with disabilities who require auxiliary aids should contact Roberta Collins at
763-572-3500 at least one week in advance. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
PROCLAMATION:
National Night Out: Tuesday, August 7, 2007
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 25, 2007
NEW BUSINESS:
1. First Reading of an Ordinance Amending
Chapter 206, Building Code, Adopting the
2007 Minnesota State Building Code and
Amending Permit Fees .................................................................................. 1- 18
FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Approve Tower Site Agreement between the
City of Fridley and T-Mobile Central, LLC, for
the Installation of Cellular Antennas on the
Marion Hills Water Tower (Ward 1) ............................................................... 19 - 41
3. Resolution Authorizing Participation in the
Safe and Sober Communities Grant Program ............................................... 42 - 43
4. Appointment — City Employee ....................................................................... 44
5. Claims (1 32396 — 1 32792) ............................................................................ 45
6. Licenses ................................................................................................... 46 - 48
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
PUBLIC HEARINGS:
7. Consideration of a Special Use Permit, SP #06-04,
by Brent Anderson for BDA Development Co., to
Allow Limited Outdoor Storage in an M-1, Light
Industrial Zoning District, Generally Located at
7600 Highway 65 N.E. (Ward 2) .................................................................... 49 - 53
FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 3
PUBLIC HEARINGS (CONTINUED):
8. Consideration of a Resolution Ordering the
Removal or Repair of a Hazardous Building
Pursuant to Minnesota Statutes, Section 463,
Located within the City of Fridley, Minnesota ................................................ 54 - 59
NEW BUSINESS:
9. Resolution Ordering Preliminary Plans,
Specifications and Feasibility Report for
Street Improvement Project No. ST. 2007 — 3 .............................................. 60 - 61
10. Informal Status Report .................................................................................. 62
ADJOURN.
�� t � i i t
NATIONAL NIGHT OUT
Tuesday, August 7, Zoo7
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nation-wide
crime, drug and violence prevention program on August 7, 2007, called "National Night Out"; and
WHEREAS, the "24th Annual National Night Out" provides a unique opportunity for Fridley to join
forces with thousands of other communities across the country in promoting cooperative, police-
community crime prevention efforts; and
WHEREAS, Fridley residents play a vital role in assisting the Fridley Police Department through joint
crime, drug and violence prevention efforts in Fridley and by supporting `National Night Out 2007"
locally; and
WHEREAS, it is essential that all citizens of Fridley be aware of the importance of crime prevention
programs and the impact that their participation can have on reducing crime, drugs and violence in
Fridley; and
WHEREAS, police-community partnerships and neighborhood safety, awareness and cooperation are
important themes of the "National Night Out" program;
NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby
proclaim Tuesday, August 7, 2007, as:
NATIONAL NIGHT OUT
BE IT FURTHER RESOLVED, that I, Mayor Scott J. Luna', do hereby call upon all citizens of Fridley
to join the Fridley Police Department and the National Association of Town Watch in supporting the
"24"' Annual National Night Out" on August 7, 2007.
IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed
this 23Yd day ofJuly, 2007.
SCOTT J. LUND, MAYOR
CITY COUNCIL MEETING
CITY OF FRIDLEY
JUNE 25, 2007
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Scott Hickok, Community Development Director
Richard Pribyl, Finance Director/Treasurer
Fritz Knaak, City Attorney
Jon Haukaus, Public Works Director
VALUES FIRST COMMUNITY RECOGNITION AWARDS:
Councilmember Barnette presented the following Values First Community Recognition
Awards:
Mary Bowen received the Individual Award. She has been involved in numerous organizations
throughout Fridley and surrounding communities.
Fridley Historical Society received the Community Organization Award.
Cummins Power Generation received the Business Award.
PUBLIC SERVICE ANNOUNCEMENT:
Chris McClish, Fridley Police Officer, presented information regarding Operation NightCAP.
The Fridley Police Department currently participates in two Operation NightCAP programs;
Anoka County DWI Task Force and Summer Metro NightCAP. Anoka DWI Task Force is a
joint effort between all 11 Anoka County Law Enforcement Agencies and the Minnesota State
Patrol. Officers work together in a concentrated effort on selected roadways to reduce alcohol-
related crashes and fatalities. This is a pilot program funded by the National Highway Safety
Traffic Administration. Anoka County is the third deadliest county for alcohol-related crashes
and fatalities in Minnesota. The main object is to get Anoka County out of the top 15 deadliest
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 2
counties in Minnesota.
and by changing the
problem.
The task force wants to accomplish this through enforcement updates
public's perception about what law enforcement is doing about this
Mr. McClish stated that the DWI Task Force is designed to have a very high visibility with
officers from all Anoka County law enforcement agencies and the State Patrol. These officers
will saturate an area with 12 to 20 officers in areas where alcohol-related crashes are high,
including the main roads in Fridley. The officers working on the project will wear highly
reflective vests. The officer will also have reflective magnets identifying them as part of the
DWI Task Force. Lighted warning signs will be placed on the roadways where the officers will
be working. This will advise drivers that they are entering a DWI arrest zone.
Mr. McClish stated that so far 1,509 vehicles have been stopped in 7 projects through June 9.
This has resulted in 99 drunk driver arrests, 24 warrant arrests, 67 suspended/revoked/canceled
drivers licenses violations, 20 drug violations and 47 minor consumption/open bottle violations
for a total of 428 citations.
Mr. McClish stated that the Fridley Police Department also participates in Summer Metro
Operation NightCAPO and Safe and Sober Programs. These programs are funded through the
Minnesota Department of Public Safety and are focused on aggressive and impaired driving,
seatbelt enforcement and speeding. The Fridley Police Department received extra funding to
participate in the Summer Metro NightCAP. They received an extra 80 hours of grant money
that funds officers to enforce DWI laws in the City of Fridley. The main objective of this
program is to arrest drunk drivers. This program started in June of 2007 will end in August of
2007.
Mayor Lund asked how long Operation NightCAP will be going on.
Mr. McClish answered that the Summer Metro Operation NightCAP would end in August but
the Anoka County DWI task force would continue through the end of September. If this is
successful, it may be extended three years.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES
City Council Meeting of June 11, 2007.
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance of the City of Fridley Amending Chapter 7 of the
Fridley City Charter Pertaining to Utility Rates.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 3
William Burns, City Manager, stated that this is the City's third attempt to amend the Fridley
City Charter by eliminating the restriction on rate increases to 5% or the rate of inflation,
whichever is less. It is a restriction that, if not addressed, will leave the Water Fund with a net
income of $153,533 at the end of 2008 and a cash balance of $7,259. It is also a restriction,
which if not addressed, will leave the Water Fund with a negative cash balance of $411,393 at
the end of 2009. It is a restriction that has caused the City to put $1.1 million dollars in repairs to
the City's water tanks on hold for 2007. It is a restriction that ignores the fact that more than
$1.8 million in repairs to our water system are needed for 2008. It is a restriction that ignores the
fact that the City will operate its sewer system with a net operating income of $487,961 in 2008.
Dr. Burns stated that it is a restriction that ignores the fact that Fridley's water and sewer rates
are very near the lowest for all of the cities in the Metropolitan area. It is a restriction that
ignores the fact that for most of the late 80s and 90s, there were only one or two rate increases.
It is a restriction that ignores the fact that many of our costs for operating the City's water and
sewer systems, including about 75% of the cost of operating the sewer system, are dictated to us
by outside agencies. It is a restriction that ignores the fact that repairs to the systems are matters
of public health and welfare, and cannot be ignored in the name of thrift. It is a restriction that
ignores the fact that the Water and Sewer Divisions of the Public Works Department have
operated with the same number of employees for the last 35 years or more. It is a restriction that
will generate huge costs to Fridley residents within a relatively short time frame due to deferred
maintenance.
Dr. Burns stated that it is a restriction that ignores the fact that future rate increases are
discussed in public meetings where citizens have an opportunity to voice their sentiments on the
rate issue. It is a restriction that has been recommended for removal by the Charter Commission
on April 23 and discussed in a public hearing on May 21. The first reading was approved by
Council on June 11. Staff recommends Council's approval of the second reading.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Receive the Minutes from the Planning Commission Meeting of June 6, 2007.
RECEIVED.
3. Resolution Receiving Final Plans and Specifications and Ordering Advertisement for
Bids: Mill and Overlay Project No. ST. 2007 — 2.
William Burns, City Manager, stated that the project scope includes .7 miles of streets. The
proposed streets include 61st Avenue between University Avenue and 7th Street, and 7th Street
from Medtronic Parkway south to 53rd Avenue. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 4
4. Motion to Accept an Easement Agreement from Larsen Enterprises (Slumberland), an
Easement Agreement from Shamrock Development, Inc. (Springbrook Cove), and an
Act of Donation Agreement from Wal*Mart for the 85t'' Avenue Trail Project.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Receive Bids and Award Contract for the Community Park (Phase 2) Irrigation Project
No. 374.
William Burns, City Manager, stated staff recommends that the irrigation replacement project
for Ball Fields 1 and 2 be awarded to Mickman Brothers, Inc. of Ham Lake in the amount of
$25,990. The bid is well within the $75,000 budget from the Parks Capital Improvement Fund.
6. Appointments — City Employees.
William Burns, City Manager, stated that the Police Department has two vacant police
positions. The Lieutenant's position is a new position that replaces a Sergeant's position. The
position was created to insure leadership for the Investigative Section of the Police Department.
Staff recommends the appointment of Michael Monsrud to that position.
Dr. Burns stated staff recommends the appointment of Richard Cesare to the Sergeant's position
vacated by Mike Monsrud.
APPOINTED MICHAEL MONSRUD TO THE LIEUTENANT'S POSITION AND
RICHARD CESARE TO THE SERGEANT'S POSITION IN THE POLICE
DEPARTMENT.
7. Claims (132185-132393).
APPROVED.
8. Licenses.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Saefke asked that Item 3 be removed from the consent agenda.
Councilmember Bolkcom asked that Items 4 and 8 be removed from the consent agenda.
Pete Eisenzimmer, 6535 Oakview Drive, asked that Item 1 be removed from the consent
agenda.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 5
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Items
1, 3, 4 and 8. Seconded by Councilmember Varichak
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Items 1, 3, 4
and 8. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
None.
OLD BUSINESS:
1. Second Reading of an Ordinance of the City of Fridley Amending Chapter 7 of the
Fridley City Charter Pertaining to Utility Rates.
Pete Eisenzimmer, 6535 Oakview Drive, asked Council not to change the Charter. He said if
the rates do go up, he would start a referendum.
Mayor Lund replied that if a referendum is started and this is put on the ballot, it will cost the
City about $20,000. Mr. Eisenzimmer is correct in that we do not know what the rates will be,
but the best estimate will be whatever it will take to break even. Many people think the City
running this as a profitable business but the city is run like any other business. The difference is
the City has reserves which are set aside to pay expenses and maintenance that may be needed in
the future. Right now, we do not have not a reserve account and we are going into a crisis mode.
Mr. Eisenzimmer said that people need to live within a budget.
Councilmember Bolkcom said that it is illegal for the City to make a profit on any services they
offer. The City cannot charge more than what it cost for the services.
Richard Pribyl, Financial Director, said that the rates would raise 16 cents per 1,000 gallons.
To the average water user, this would be about the cost of a bottle of water per month. This is
not a huge increase. The City is just trying to recover the costs they are losing.
Mayor Lund said he is open for a tier structure but a feasibility study would need to be done.
After the study they would make recommendations on what to do with the rates. Right now the
average user is subsidizing costs for the heavy users.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 6
Councilmember Saefke said that Fridley's water rates are among the lowest in the greater metro
area. Of 144 communities, Fridley rates are in the bottom three. The City is really at a critical
place. If there is no money in the account, the City will not be able to borrow money with no
collateral, and if they were able to borrow money, it would be at a high interest rate. We need to
raise the rates to get the City back to a decent financial level for the future generations of our
community.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on second reading and order publication. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mayor Lund said that he would welcome any constructive discussion or criticism regarding this
issue.
Councilmember Bolkcom invited residents to talk with Council if they need information
validated before they sign a petition.
Councilmember Barnette said that some people think that elected officials have a hidden
agenda. He reminded citizens that Council members also live in Fridley and any rate increases
affect them as well. We need to do what is necessary to keep the City operating in a good
financial position.
PUBLIC HEARINGS:
9. Consider Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co.,
to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District,
Generally Located at 7600 Highway 65 NE (Ward 2).
MOTION by Councilmember Varichak to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
8:22 P.M.
Scott Hickok, Community Development Director, asked if this public hearing could be
continued until July 23, as Mr. Anderson could not attend this meeting.
MOTION by Councilmember Varichak to continue the public hearing until July 23, 2007.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING TO BE CONTINUED UNTIL JULY 23, 2007.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 7
10. Consider Special Use Permit, SP #06-11, for Central Auto Parts, to operate a Salvage
Yard, Generally Located at 1201 - 73 1/2 Avenue N.E. (Ward 2).
MOTION by Councilmember Varichak to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT
8:24 P.M.
Scott Hickok, Community Development Director, stated this business includes multiple parcels,
all zoned M-1, Light Industrial. The site contains an auto recycling business called Central Auto
Parts, which fronts onto 73 '/z Avenue just west of Central Avenue. A junkyard or auto recycling
business in an M-1 district must obtain a special use permit in order to operate. The business
must also obtain an annual junkyard license. Staff's approval of a license is contingent on the
business meeting the stipulations of their special use permit. Due to lack of compliance with
previous stipulations, the City considered revocation of the special use permit for this business in
2003. Council chose to give the business owner 5 years to meet several additional stipulations.
In addition, they were to meet the previous stipulations from the 1973 and 1982 special use
permits. Problems at the site continue. The Police Department has issued 14 tickets for parking
in the "No Parking" area west of the business over the past year. Customers and employees must
park in the street since the entrance is blocked by disabled vehicles. Inoperable cars are being
stored outside the fence. The fence has not been repaired or rebuilt to be a consistent height and
junk vehicles are consistently piled higher than the fence line.
Mr. Hickok said the 2003 stipulations have not been met. The 5-year timetable required site
design, landscaping, irrigation, curb and gutter installation, pond installation, and fence repair.
None of this was complete one year ago. Council took action in 2006 and chose to create a new
Central Auto Parts special use permit which would hold the property and business owners to a
completion schedule of all items by mid-2008. By June 1, 2007, phase 1 of Central Auto's curb,
gutters, and asphalt were to be installed. By October, 2007, the remaining curb, gutter and
asphalt are to be installed. As of June 13, 2007, the June 1 deadline has not been met. Jerry
Haluptzuk met with staff late this afternoon and produced documentation that he received from
the Rice Creek Watershed District. Engineering staff has confirmed that they need that before
they would issue the necessary alteration permit.
Mr. Hickok said staff recommends that the City Council table the action to revoke Special Use
Permit, SP #06-11. Staff's modified recommendation comes as a result of new information
provided by the business owner. Further, staff recommends that the public hearing be tabled
until November 5, 2007.
Mayor Lund asked Mr. Haluptzuk if he was in agreement with the timeline that is provided.
Jerry Haluptzuk, Central Auto Parts, answered said he was and he appreciated the extension.
MOTION by Councilmember Varichak to continue the public hearing until November 5, 2007.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 8
Seconded by Councilmember Bolkcom
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING WAS CONTINUED UNTIL
NOVEMBER 5, 2007.
NEW BUSINESS:
11. Resolution Revoking Special Use Permit SP #06-11, for Central Auto Parts to Operate
a Junkyard in an M-1 Zoning District, Generally Located at 1201 - 73 1/2 Avenue N.E.
(Ward 2)
MOTION by Councilmember Varichak to table the resolution until November 5, 2007.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Special Use Permit Request, SP #07-03, by Glen Harstad, to Allow the Expansion of an
Existing Self-Service Car Wash in a C-2, General Business Zoning District, Generally
Located at 7320 University Avenue N.E. (Ward 3).
13. Variance Request, VAR #07-02, by Glen Harstad, to Reduce the Side Yard Setback
from 15 Feet to 5 Feet Along the Southern Property Line and to Reduce the Setback
for all Parking and Hard Surface Areas from 20 Feet to 10 Feet to Allow a Building
Addition, Generally Located at 7320 University Avenue N.E. (Ward 3).
Scott Hickok, Community Development Director, asked to present Items 12 and 13 together as
they are related to the same business. The petitioner, Glen Harstad, is seeking a special use
permit to allow an expansion of the existing car wash building located in a C-2, General
Business Zoning District, which is located at 7320 University Avenue. He is seeking a variance
to reduce the building's side yard setback along the southern property line from 15 feet to 5 feet.
He is also requesting a variance to reduce the hard surface setback requirement on the west side
of the property from 20 feet to 10 feet to expand a drive aisle around the proposed addition to the
building. Both of these variances are being requested to allow the construction of an addition to
the existing self-service carwash building. The petitioner is proposing to construct a 26 foot by
74 foot, 1,924 square foot, addition to the west end of the existing 2,100 square foot car wash.
The addition will allow 4 additional self-service wash bays. The petitioner also plans to enlarge
the overhead doors on the existing building to allow for larger vehicles to utilize the car wash.
He also plans to remodel and update the exterior of the building.
Mr. Hickok stated the subject property is located on University Avenue, north of 73rd Avenue,
and is zoned C-2, General Business. The property was originally platted in 1965 as one lot that
also encompassed the lot south of the subject property. In 1970, the property was developed and
a special use permit was granted to allow the construction of the existing self-service car wash
and for an additional car wash and gas sales on the 7300 University Avenue property to the
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 9
south. In 1977, a lot split was granted to separate 7300 and 7320 University Avenue. At that
time, a variance was also granted to recognize a 5 foot side yard setback for the existing carwash
building. Since that time, the property has continued to exist as a self-service car wash.
Mr. Hickok said City Code requirements state that motor vehicle wash establishments are a
permitted special use in the C-2 zoning district, provided they meet the necessary requirements
subj ect to the stipulations suggested by staf£ City Code requires a side yard setback of 15 feet in
the C-2, General Business, zoning district. Since the petitioner is proposing to add an additional
26 feet of building at the 5-foot setback, a variance is required. City Code also requires a 20-foot
setback for all parking and hard surface areas from any public right-of-way. The petitioner is
requesting a variance to reduce that setback requirement from 20 feet to 10 feet, to make the new
car wash bays more accessible and to provide a drive aisle around the car wash building for
emergency vehicle access and for the safety of other vehicles that will be maneuvering around
the site. The proposed addition meets all other setback and lot coverage requirements. City staff
has not heard from any neighboring property owners.
Mr. Hickok stated the petitioner has also applied for a variance from Minnesota Rules, Chapter
1306, which the City has adopted, that requires buildings over 2,000 square feet to be sprinkled.
Mr. Harstad's proposal for an addition to his existing building meets code requirements
contained in Chapter 1306 requiring installation of a fire sprinkler system. Mr. Harstad's project
does not meet any of the provisions for exemption or waiver as expressed in Chapter 1306.0060.
Therefore, staff recommends denial of that portion of his variance request. Since the June 20,
2007, Appeals Commission meeting, petitioner has withdrawn his variance request from the
sprinkler code requirements as he has re-designed his building. The re-design will separate the
building with 2-hour fire walls into 3 separate bays, which are below the minimum square
footage for requiring a fire protection system.
Mr. Hickok stated that the Planning Commission held a public hearing for SP #07-03 on June 6,
2007, and recommended approval of SP #07-03 with six stipulations. The motion carried
unanimously. Staff recommends concurrence with the Planning Commission. The Appeals
Commission held a public hearing for VAR #07-02 at their June 13, 2007 meeting. There was a
lengthy discussion regarding the sprinkler code variance. The Appeals Commission granted a
variance to allow the car wash bays to not have sprinklers, but required the equipment room to be
sprinkled. The Appeals Commission recommended approval of the two setback variances with
five stipulations. Both motions carried unanimously.
Mr. Hickok said that since the June 13, 2007, Appeals Commission meeting, the petitioner has
withdrawn his variance request from the sprinkler code requirements. He has re-designed his
building so as to not need a variance. The re-design will separate the building with 2-hour
firewalls into 3 separate bays creating 3 separate buildings, 2 at 1,680 square feet and 1 at 485
square feet. This will be below the minimum square footage for requiring a fire protection
system. City Staff recommends concurrence with the Appeals Commission on the setback
variance requests.
Councilmember Bolkcom asked if the re-design changed any of the other variances as far as
setback and parking.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 10
Mr. Hickok said no, the re-design is all internal.
Mayor Lund asked if Mr. Harstad had any problems with the stipulations.
Glen Harstad, 7320 University Avenue, answered no. Staff has been very good to work with
and they worked out a great new design. He has been in the car wash business for 26 years and
owns other car washes and none of his other car washes have sprinkling systems. He also plans
to work a rain garden into the landscape plan.
Councilmember Saefke commented that a car wash would use a substantial amount of water
and asked how Fridley rates compared to other cities.
Mr. Harstad said he owns car washes in four other cities and Fridley has the lowest rates.
MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #07-03, by
Glen Harstad, with the following six stipulations:
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing and painting
after the addition is completed.
3. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line, instead of the required 3 foot
setback.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
6. Special Use Permit approval is dependent of approval of the setback variances related to
VAR #07-02.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to approve Variance Request, VAR #07-02, by Glen
Harstad with the following five stipulations:
1. The petitioner shall obtain any required permit prior to the start of construction.
2. The parking lot shall be restored to Code requirements for paving, curbing and painting
after the addition is completed.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 11
3. The petitioner shall submit a drainage plan and receive City engineering staff approval
prior to issuance of a building permit.
4. The petitioner shall provide an easement from property owner to the south if the
dumpster enclosure is to remain at the property line instead of the required 3-foot
setback.
5. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Resolution in Support of a 2007 Special Legislative Session to Consider the Omnibus
Tax Bill.
Mayor Lund said they are asking the State to create a tax increment financing district for the
proposed rail station site. If the tax bill is vetoed, Fridley would not receive any money. The
amount of $1.5 million would need to be raised or we would lose the proposed rail station site.
Another item on this tax bill is the proj ect for the Springbrook Nature Center.
MOTION by Councilmember Lund to adopt Resolution No. 2007-33. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Resolution Receiving Final Plans, Specifications and Ordering Advertisement for
Bids: Mill and Overlay Project No. ST. 2007-2.
Councilmember Saefke suggested they go back to the original plan and do the entire project.
The MSAS funds are guaranteed because of the growth of the city and Fridley would be getting
less in the future. This is also unfair to those who reside from Medtronic to 53rd because they
would have to pay an estimated assessment of $1,600 to $1,800 compared to the entire project
cost in which everyone would pay $1,008. This is a very substantial increase to those residents.
If it is not done this year, it may be done in 5 years, but there is no guarantee. The cost in 5 years
will increase substantially because of the cost of fuel, oil, labor etc.
Councilmember Bolkcom asked if he had heard anything from any residents.
Councilmember Saefke answered that he has not heard any public comment. There are
portions of this road that could hold up another five years but the future costs would be a lot
more and we would not have the MSAS funds to offset the higher costs.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 12
Councilmember Bolkcom asked if the proposal and plans would change the scope of the
proj ect.
Jon Haukaas, Public Works Director, stated that they were prepared to do the entire project and
they still have all that information on hand.
Councilmember Bolkcom asked what the chances would be for the street to be fixed in five
years.
Mr. Haukaas answered that there are 110 miles of streets to maintain in Fridley and they are
consistently reevaluating the priorities. There is a lot of work out there to be done and there is no
guarantee they will be back to this area in five years.
Councilmember Bolkcom stated that the information that was presented in the public hearing
included a structured way to evaluate the streets but some residents think there are worse streets
to take care of than this one.
Councilmember Barnette said that he would be in favor of doing the entire project.
Councilmember Varichak asked how many households would be affected in this project.
Mr. Haukaas answered 59 properties would be affected for the entire project and 11 properties
for the revised project.
Mayor Lund said that the reason why he was in favor of a lesser project was because of
perception. We do not want the perception that we are not making the best use of our taxpayer
dollars and repairing roads that do not need it. If we can repair and patch the areas that need it,
that would be best. We need to use funds wisely. It would be appropriate to fix the roads where
needed the most and leave the roads that are not in poor condition alone.
Councilmember Bolkcom said that she is not voting for this project because of the cost. We
pay experts to make decisions to decide to fix things now so we will not have to pay more in the
future. We rely on experts to evaluate projects and their recommendation was to fix the entire
road.
Councilmember Saefke agreed that public perception means a lot but to spend money on
patching crews will not fix the entire street. The best use of the taxpayers' money would be to
do the proj ect as recommended by the experts.
MOTION by Councilmember Saefke to amend the resolution receiving final plans,
specifications and ordering advertisement for bids: Mill and Overlay Project No. ST. 2007-2 to
read 61st Avenue from University to 7th Street and 7th Street from 53rd Avenue to 61st Avenue.
Seconded by Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 13
UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, SAEFKE, VARICHAK,
AND BOLKCOM VOTING AYE AND MAYOR LUND VOTING NAY, MAYOR LUND
DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE.
MOTION by Councilmember Saefke to adopt Resolution No. 2007-31. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, COUNCILMEMBERS BARNETTE, SAEFKE, VARICHAK,
AND BOLKCOM VOTING AYE, AND MAYOR LUND VOTING NAY, MAYOR LUND
DECLARED THE MOTION CARRIED ON A 4 TO 1 VOTE.
4. Motion to Accept an Easement Agreement from Larsen Enterprises (Slumberland),
an Easement Agreement from Shamrock Development, Inc., (Springbrook Cove),
and an Act of Donation Agreement from Wal-Mart for the 85t'' Avenue Trail Project
(Ward 3).
Councilmember Bolkcom asked if ProSource Technologies, Inc., was coordinating this project.
Jon Haukaas, Public Works Director, answered that ProSource was the local property
acquisition title company that does a lot of public work They are a subcontractor of our
consultants.
Councilmember Bolkcom questioned the sentence that mentions the possibility that the
Recorder of Deeds may obj ect to the recording of the document.
Mr. Haukaas answered that this is a speculation on their part.
Fritz Knaak, City Attorney, said that this more like a disclaimer. The appropriate thing to do
would be to receive and accept this and if there are problems at the recorder's office it could be
addressed at that time.
Councilmember Bolkcom asked if the City would maintain the trail.
Mr. Haukaas said that it is a City trail and it is owned by the City. It would be maintained like
the other bike paths. No winter maintenance is done on these paths.
Councilmember Bolkcom asked if the donated property would be maintained by the City.
Attorney Knaak said the act of donation is the easement.
MOTION by Councilmember Bolkcom to approve the motion to accept an Easement
Agreement from Larsen Enterprises (Slumberland), an Easement Agreement from Shamrock
Development, Inc., (Springbrook Cove), and an Act of Donation Agreement from Wal-Mart for
the 85th Avenue Trail Project (Ward 3). Seconded by Councilmember Saefke.
FRIDLEY CITY COUNCIL MEETING OF JUNE 25, 2007 PAGE 14
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Licenses.
Councilmember Bolkcom said the totals for the rental licenses do not add up. She asked if
there could be more detail in the future when there are so many licenses.
Scott Hickok made note of the request and stated that there were 138 licenses the 2"d quarter,
none the 3rd quarter, and three the 4th quarter, which totals 141.
MOTION by Councilmember Bolkcom to approve the licenses. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Informal Status Report.
Councilmember Bolkcom wished Mr. Haukaas the best of luck on his new venture and said
Council will miss him. He has been great to work.
Councilmember Barnette added that Colorado's gain is our loss.
William Burns, City Manager, said that Jon was a great employee. He was well liked and was a
great team player. He will be missed. On behalf of staff he wished him the best of luck.
Councilmember Bolkcom announced that Safety Camp starts on Tuesday and will finish up on
Wednesday. Kids enjoy this camp and it is very educational. She also mentioned that the
Fridley `49er Days celebration was a success. It takes a lot of volunteers to make this event
happen and it really builds up community spirit.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:36 P.M.
Respectfully Submitted by,
Krista J. Monsrud Scott Lund
Recording Secretary Mayor
�
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CffY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 23, 2007
�ATE: JUly I9, 200%
TO
FROM:
William W. Burns, City Manager
Scott J. Hickok, Community Development Director
SUB7ECT: Amendment to Chapter 206, Regarding Electrical Inspection Fees and
Water and Sewer Hydrants, Water Usage at Hydrants, and Tanker Filling
-and-
Adoption of the 2007 Minnesota State Building Code
INTRODUCTION
The purpose of this memo is to describe the necessity of making minor adjustments in
our fee schedule with regard to electrical inspection fees and certain hydrant and water
use fees. Since we are modifying fees and Building Code related items, staff also
suggests that we take this opportunity to adopt the 2007 State Building Code as well.
INSPECTION FEES
As you may recall, the city of Fridley contracts for the inspection of electrical services
through the service of Bob Clausen, State Electrical Inspector. As such, the City collects
a percentage of the fee for administration and our inspector, Bob Clausen, collects the
remainder of the fee for his services. Bob inspects for numerous cities, not just Fridley.
In 2007, the State fee schedule for residential electrical inspection was modified. As a
result, staff recommends that the electrical fee schedule in Fridley be adjusted to remain
consistent with the state and surrounding communities. For your convenience, the
proposed fee schedule has been attached to this report.
Examples of the change include a minimum residential fee that currently is $20.00 for ]
inspection and $40.00 (if a second inspection is required). Now the fee will be $35 for
each trip to inspect that system installation. For a new service or change of service; the
Fees and Building Code
July 19, 2007
PAGE 2
fee had been $30.00 for 0-200 ampres and $8 for each additional 10 ampere or fraction
thereof. Now the fee will be $100 for up to 30 feeders.
RECOMMENDATION
Costs have been adjusted to reflect real costs of administration of this inspection process.
Staff recommends approval of the attached fee changes through approval of the attached
ordinance.
WATER AND SEWER FEES FOR HYDRANT USE
These are not to be confused with your utility rates that have been of great debate
recently. These fees are for water usage during construction. A contractor typically
charges $50.00 for the use of a hydrant. A meter is attached to track water used and the
fee for water sold in this manner has been $1.25/1000 gallons used. The proposed staff
amendment would place the rate at $1.30/1000 gallons used, which more directly reflects
the cost of the water used. A$20 minimum water use fee would now also replace a$10
minimum that now exists in the Code for use of water from a hydrant. A$20 per tanker
fill would also replace a$10 per tanker fill rate that now e�sts in Code.
Finally, the language for water taps (in this fee section of the Code) would now be
replaced with a note saying, See Engineering. Rather than state a$400 per square foot of
area to be restored, Engineering would prefer to have that cost relate to the real (ever-
fluctuating costs) of street patching as they experience in their contracts during the same
period where patch work is being proposed by sewer and water repair contractor.
RECOMMENDATION
Staff recommends approval of these changes through approval of the attached ordinance.
ADOPTION OF THE STATE BUILDING CODE AND ITS APPENDICES
On July 10, 2007 the State of Minnesota adopted its 2007 State Building Code. In turn,
they have given cities 90 days to adopt the Code. Building Official, Ron
Julkowski has indicated that all plans submitted after July 10, 2007 must be designed and
reviewed using this 2007 Code. To eliminate delay and implement the Code within the
timeframe given, staff recommends adoption of the 2007 State Building Code and its
Required Enforcement Chapters. In speaking with his colleagues throughout the
metropolitan area, the norm for cities appears to be that they will be adopting the Code
and Required Enforcement Chapters, even though some of those chapters are not ready to
be adopted at the State level until October. Since we will be required to adopt those
chapters then, it would require several separate ordinances for local adoption, Therefore,
staff is recommending that we simply adopt the 2007 State Building Code.
As the State approves the necessary chapters that are left to be approved, this approval by
the City of Fridley will automatically incorporate those later chapter amendments into the
2007 State Code that you have adopted.
Fees and Building Code
July 19, 2007
PAGE 3
RECOMMENDATION
Staff recommends approval of the 2007 State Building Code through approval of the
attached ordinance.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 206. BUILDING CODE ADOPTING THE
2007 MINNESOTA STATE BUILDING CODE AND AMENDING PERMIT FEES
THE CITY COUNCIL DOES HEREBY ORDAIN THAT CHAPTER 206 OF THE
FRIDLEY CITY CODE IS HEREBY AMENDED AS FOLLOWS:
206. BUILDING CODE
SECTION 1. That Section 206.01 be hereby amended as follows:
206.01. BUILDING CODE
1. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59
through 16B.75, one copy of which is on file in the office of the City Clerk of Fridley, Minnesota, is hereby
adopted by reference as the Building Code of the City of Fridley and incorporated in this Chapter as
completely as if set out here in full.
2. The following chapters of the Minnesota State Building Code including the following chapters of
Minnesota Rules are adopted by the City:
A. Chapter 1300 — Administration of the Minnesota Building Code.
B. Chapter 1301 - Building Official Certification.
C. Chapter 1302 - State Building Construction Approvals.
D. Chapter 1303 — Minnesota Provisions ofthe State Buildin� Code.
E. Chapter 1305 - Adoption ofthe �999 2006 International Building Code
F. Chapter 1306 - Special Fire Protection Systems (Ord 1159)
Section 1306.0020. Municipal Option, Subp. 3; and E.1
G. Chapter 1307 - Elevators and Related Devices
H. Chapter 1309 — Adoption ofthe �999 2006 International Residential Code;
L Chapter 1311 — Adoption of the �999 Guidelines for the Rehabilitation of Existing
Buildings;
J. Chapter 1315 — Adoption of the �999 2005 National Electrical Code
K Chapter 1325 - Solar Energy Systems
L Chapter 1330 - Fallout Shelters
M Chapter 1335 - Floodproofing Regulations
N. Chapter 1341— Minnesota Accessibility Code
O. Chapter 1346 —Adoption of the Minnesota State Mechanical Code
P. Chapter 1350 - Manufactured Homes
Q. Chapter 1360 - Prefabricated Buildings
R. Chapter 1361 - Industrialized/Modular Building
Ordinance No.
Chapter 1370 - Storm Shelters
T. Chapter 4715 - Minnesota Plumbing Code
U. Chapters 7670, 7672, 7674, 7676 and 7678 - Minnesota Energy Code
SECTION 2. That Section 206.03 be hereby amended as follows:
206.03. PERMITS AND FEES
The fee schedules shall be as follows:
A. Plan Review Fees
B. Building Permit Fees.
C. Plumbing Permit Fees
D. Mechanical Permit Fees
E. Electrical Permit Fees.
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� Property Owner Electrical Inspection Fees
New Home or Associated Sriucture
New Dwelling Service/Power Su�ply 0-400 ampere $35
401-800 ampere $60
New Dwelling Feeders/Circuits Up to 30 Feeders/Circuits $100
More than 30 Feeders/Circuits or up to 200(in addition
to the above) $6 each
Detached Garage or Other Associated Structure
New Service/Power Supply 0-400 ampere $35
New Feeders/Circuits $6 each
Total (the fee calculated above or $35 mulriplied bv
the number of required inspection trips, whichever is
eater
Existin Home/Structure Remodel or Addition
New Service/Power Subblv 0-400 ampere $35
401-800 ampere $60
Ub to 15 Feeders/Circuits $6 Each
New Feeders/Circuits 16-30 Feeders/Circuits $100
More than 30 Feeders/Circuits up to 200 $6 Each
Reconnected Feeders/Circuits Feeders/Circuits $2 Each
Existin Detached Gara e or other Associate Structure
New Service/Power Subblv 0-400 ampere $35
New Feeders/Circuits $6 Each
Reconnected Feeders/Circuits $2 Each
Total (the fee calculated above or $35 mulriplied bv
the number of required inspection trips, whichever is
eater
(2) Contractor Electrical Inspection Fee for Sin�le Family Dwellin�/Associated Structure
New Home or Associated Sriucture
New Dwelling Service/Power Su�ply 0-400 ampere $35
401-800 ampere $60
New Dwelling Feeders/Circuits Up to 30 Feeders/Circuits $100
More than 30 up to 200 (in addirion to the above) $6
each
Detached Gara e or Other Associated Structure
New Service/Power Subblv 0-400 ampere $35
New Feeders/Circuits $6 each
Total (the fee calculated above or $35 mulriplied bX
the number of required inspection trips, whichever is
eater
Ordinance No.
Page 6
Existin Home/Structure Remodel or Addition
New Service/Power Subblv 0-400 ampere $35
401-800 ampere $60
New Feeders/Circuits Ub to 15 Feeders/Circuits $6 Each
16-30 Feeders/Circuits $100
More than 30 Feeders/Circuits up to 200 $6 Each
Reconnected Feeders/Circuits Feeders/Circuits $2 Each
Existing Detached Garage or other Associate Structure
New Service/Power Supply 0-400 ampere $35
New Feeders/Circuits $6 Each
Reconnected Feeders/Circuits $2 Each
Total (the fee calculated above or $35 mulriplied bv
the number of required inspection trips, whichever is
eater
(3) Contractor Electrical Inspection Fee for Multi-Family Dwellin�/Commercial Structure
Service/Power Supply 0-400 ampere $35
401-800 ampere $60
Above 800 am ere $100
Feeders/Circuits Up to 200 A$6 Each
Above 200 A $15 Each
Reconnected Feeders/Circuits $2 Each
Manufactured Home Park Lot Su 1 $35 Each
Recrearional Vehicle Site Su 1 E ui ment $6 Each (for circuits ori 'narin in the E ui ment)
Street, Parkin Lot, Li htin Standard $5 Each
Transformers Up to 10 kva $15 Each
Over 10 kva $30 Each
Electric Signs and Outline Lighring
Transformer/power supply $5 Each
Technology System Devices 75¢ Each
Separate Bonding Inspecrions for Swiiiiiiiing $35 Each
Pools and Equipotenrial Planes
Center Pivot Irrigarion Booms $35 Each
Electrical Drive Unit $5 Each
Luminaire Retrofit Modificarions 25¢ Each
Concrete-Encased Electrode Inspecrion $35 Each
Invesrigarive Fee $70 OR
Total inspecrion fee, whichever is greater up to $1,000
Special Inspection fee $80 Per Hour
Plus the number of miles at the current IRS mileage
rate
Over 600 Volts Add the combined service/power supply and
feeder/circuit fee to result in double the regular fee
(does not a 1 to electric si and outline li htin )
New Multi-Family Dwellings - Up to 20 $70 Each
Feeders/Circuits Above 20 allowed er unit $6 Each
Total The fee calculated above or $35 mulriplied by the
number of required inspection trips, whichever is
eater)
Ordinance No.
F
G
Moving of Dwelling or Building Fee.
Wrecking Permit Fee.
H. Water and Sewer Fees. (Re£ 901)
Page 7
Hydrant Rental Agreement - Service Charge ........................................................................... $50.00
(for use of hydrant only - City does not supply hose)
Water Usage Metered . ................................................................... $1.30 �5/1,000 gallons used
Minimum ..............................................................................................$20.00 �9-99
Tanker .................................................................................................. $20.00 �9-99 per fill
Water Taps ,,,,,, Qn nn nn ��„� ,.,,�+ �o o�„+ �,-+�,o ., o., +„ �.o ,-o�+,,,-o,a See En�ineerin�.
Permanent Street Patch —
First5 sq. yds ........................................................................................................ $300.00
Over5 sq. yds ........................................................................................ $30.00 per sq.yd.
Temporary Street Patch (Nov. 1 through May 1)
First5 sq. yd .....................................................
Over5 sq. yd . ...................................................
per sq. yd. plus cost of permanent street patch
Water Meter Repair - Weekend & Holidays ..............................
Water Connections Permit ..........................................................
Sewer Connections Permit ..........................................................
Inspection Fee for Water/Sewer Line Repair .............................
$400.00
.. $40.00
$125.00
.. $50.00
.. $50.00
.. $40.00
PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF
2007.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading:
Second Reading:
Publication:
0
�
�
THE 2007 MINNESOTA STATE $UILDING CODE
MAKEUP OF 2007 MINNESOTA STATE BUII:.DING CODE
Required Enforcement
Chapter 1300 Administration of the Sta.te Building Code
Chapter 1301 Bu;lding Official Certification
Chapter 1302 Construction Approvals
Chapter 1303 Minnesota Provisions of the Sta.te Building Code
Chapter 1305 Adoption of the 2006International Building Code
�' Chapter 1307 Elevators and Related Devices
Chapter 1309
Chapter 1311
* Chapter 1315
Chapter 1325
Chapter 1335
* Chapter 1341
Chapter 1346
� Chapter 1350
* Chapter 1360
* Chapter 1361
Chapter 1370
* Chapter 4715
Adoption of the 2006 International Resiclential Code
Adoption of the Guidelines for the Rehabilitation of Existing Bt�ildings
Adoption of the 2005 National Electrical Code
Solar Energy Systems
Floodproofmg Regulations
Minnesota Accessibility Code
Adoption of the 2000 International Mechanical and Fuel Gas Codes
Manufactured Homes
Prefabricated Buildings
Industrialized/Modular Buildings
Storm Shelters (Manufactured Home Parks)
Minnesota Plumbing Code
��
THE 2007 MINNESOTA STATE BUII.DING CODE
Minnesota. Energy Code — consists of Minnesota Sta.tutes 16B.617 (7670) and Minnesota
Rules chapters 7672, 7674, 7676 and 7678
Optional Enforcement
International Building Code Appendix J(Grading) See chapter 1300.
Chapter 1306
Chapter 1335
Special Fire Protection Systems, either 1306.0020, subpart 2(existing and
new buildings) or subpart 3(new buildings only)
Floodproofing Regulations Parts 1335.0600 to 1335.1200
�Ir These codes have specific staxutory authority and with limited exception, are mandatory throughout the state.
USE OF THE MINNESOTA STATE BUII..DING CODE
The Minnesota State Building Code is comprised of numerous chapters in
Minnesota Rule that includes references to other adopted publications with
any necessary amendments.
The Minnesota State Building Code, known also as the "State Building Code" or the "Code,"
includes chapters of Minnesota Rule as outlined in the "Makeup of the 2007 Minnesota State
Building Code" located in this section. Each chapter is identified with a white index tab sta.ting
the topic and contains the Minnesota Rule chapter number on the opposite side of the tab. The
State Building Code is comprised of the following:
Stand alone codes that do not incorporate by reference another published document:
• 1300
• 1301
• 1302
• 1303
• 1306
• 1325
• 1350
• 1360
Administration of the State Building Code
Building Official Certification
State Construction Approvals
Minnesota Provisions of the Staxe Building Code
Special Fire Suppression Systems
Solar Energy Systems
Manufactured Homes
Prefabricated Buildings
'�2
�
�
TAE 2007 MINTIESOTA STATE BUILDING CODE
Code chapters that incorporate by reference another published code, standard or other document and
� include any necessary amendments to the document:
• • 1305 Adoption of the 2006Intemational Building Code* (and necessary amendments)
• 1307 Elevators and Related Devices
• 1309 Adoption of the 2006 International Residential Code* (and necessary
arnendments)
� 1311 Adoption of the Guidelines for the Rehc�bilitation of Ezisting Buildings* (and
necessary amendments)
• 1315 Electrical Code (2005 National Electrical Code*)
• 1335 Floodproofing Regulations (adopts with amendments 1972 Floodproofing
Regulations *)
� 1341 Minnesota Accessibility Code (this chapter is intended to conform to the
Federal Americans with Disabilities Act Accessibility Guidelines and the Fair
Housing Act)
• � 1346 Adoption of the 2000 International Mechanical and Fuel Gas Codes ( and
necessary amendments)
• 1361 Industrialized/Modular Buildings (adopts the 1993 Model Rules and Regulations
for Industrialized✓Modular Buildings *)
• 1370 Storm Shelters (adopts with amendments the 1980 Interim Guidelines for
Building Occupant Protection from Tornadoes and Extreme Winds*)
• 4715 Minnesota Plumbing Code (Minnesota Plumbing Code *)
• Minnesota Energy Code - Minnesota Statutes 16B.617 (MR 7670) and Minnesota. Rules
chapters 7672, 7674, 7676 and 7678
*These publications must be purchased separately.
133
THE 2007 MINNESOTA STATE BUII,DING CODE
Specific Code Applications of Adopted Model Codes
� Minnesota Rules, chapter 1305 — Adoption of the 2006 International Building
Code
Manda.tory chapters of the 2006International Building Code include chapters 2 through 33 and 35.
See chapter 1300 for Administrative provisions. Amendments to Chapters 11 and 30 of the IBC are
incorporated into 2007 SBC Chapters 1341 and 1307 respectively.
Optional Appendix Chapter J(Grading) may be adopted by reference. See Chapter 1300, Optional
Administration.
Several chapters in this Code have not been adopted but the Minnesota State Building Code provides
mandatory provisions elsewhere to replace some of ihe chapters not adopted here. The information
relative to these chapters is as follows:
• For provisions relative to chapter 1, please refer to Minnesota Rules, chapter 1300,
Administration of the State Building Code.
� For provisions relative to chapter 11, please refer to Minnesota Rules, chapter 1341, the
Minnesota Accessibility Code.
• For provisions relative to chapter 30, please refer to Minnesota Rules, chapter 1307,
Elevators and Related Devices.
• For information relative to chapter 34, please refer to Minnesota Rules, chapter 1311,
Adoption of the Guidelines for the Rehabilitation of Existing Buildings.
• For provisions related to floodproofing, please refer to Minnesota Rules, chapter 1335,
Floodproofing.
Any seismic or earthquake provisions in this code are deleted and not required.
For a complete description of all applicable chapters and related information in this code, please
refer to Minnesota Rules, section 1305.0011.
• Minnesota Rules, chaptep 1309 — Adoption of the 2006 International Residential
Code
Mandatory chapters of the 2006International Residential Code include chapters 2 through 10,
chapter 43.
Several chapters in this Code have not been adopted but the Minnesota State Building Code provides
manda.tory provisions elsewhere to replace the chapters not adopted here. The information relative
to these chapters is as follows:
• For provisions relative to chapter 1, please refer to Minnesota Rules, chapter 1300,
Administration of the State Building Code.
• For provisions relative to chapter 11, please refer to Minnesota Statutes, section 16B.617 and
144
THE 2007 MINNESOTA STATE BUII..DING CODE
Minnesota Rules, chapter 7672, 7674, 7676, and 7678, the Minnesota Energy Code.
� For provisions relative to chapters 12 through 24, please refer to Minnesota Rules, chapter
1346, Minnesota Mechanical Code.
• For provisions relative to chapters 25 through 32, please refer to Minnesota Rules,
chapter4715, Minnesota Plumbing Code.
• For information relative to chapters 33 through 42 (other than section R313 Smoke Alarms),
please refer to Minnesota Rules, chapter 1315, Minnesota Electrical Code.
• For provisions related to floodproofmg, please refer to Minnesota Rules, chapter 1335,
Floodproofing.
Any seismic or earthquake provisions in this code are deleted and not required.
For a complete description of all applicable chapters and related information in this code, please
refer to Minnesota Rules, section 1309.0010. �
Minnesota Rules, chapter I311— Adoption of the Guidelines for the Rehabilitation of
Existing Buildings
Mandatory chapters of the Guidelines for the Rehabilitation of Existing Buildings include chapters 1
througfi 6.
Appendices 2, 3, and 4 are deleted and not a part of the Minnesota State Building Code. If a
reference is made to the appendices in this code, the appendices shall not apply.
Resources 1 through 6 are considered useful information intended to assist the user and shall not be
adopted as part of the Minnesota State Building Code, with the exception of Resource 2, as
referenced in section 504.1 of this code.
For a complete description of all applicable chapters and related information in this code, please
refer to Minnesota Rules, sections 1311.0010 and 1311.0103.
Minnesota Rules, chapter 131 S— Adoption of the 2005 National Electrical Code
The 2005 National Electrical Code is incorporated by reference and made part of the Minnesota
State Building Code.
Minnesota Rules, chapter 1346 — Adoption of the 20(10 International Mechanical and
Fuel Gas Codes
Mandatory chapters of the 2000 International Mechanical Code include chapters 2 through 15. as
amended. Mandatory chapters of the 2000 international Fuel Gas Code include chapters 2 through 7
as amended.
For a complete description of all applicable chapters and related information in this Code, please
refer to Minnesota Rules, section 1346.0050 and 1346.5050.
155
Minnesota Department of Labor and Industry
443 Lafayette Road North
St. Paul, MN 55155-4342
Phone: (651) 284-5064
TTY/MRS: (651) 297-4198
www.electricity.sfate.mn. us
Contractor/Re istered Em
Date Rough-in Inspecfion Required?
Contractor/Em lo er Must Schedufe Ap Rou h-Ir
Address of Inspection — Street
Owner Name
Owner Telephone Number(s) — Include Area
Employer
Telephone
Signature � Contractor
►er Re uest for Electrical Ins ection
Yes Single Inspection Other Than Rough-In: .
c�ions Contractor/Em lo r Must 5chedule All Fnal Ins cfic
City/Township County
Projed Description
E-mail Address
Utility
Job/Project
Fee Calculation
Service/Power Supply 0— 400 ampere �$35 Technology System Devices (
Separate Bonding Inspecfions for Swimm
Service/Power Suppty 401 — 800 ampere �$BO
E ui tenfial Planes
Center Pivot Imgation Booms (
Service/Power Suppfy Above 800 ampere @$10D
Plus Electrical Drive 1
Feeders/Circuits Up To 200 A ( )@$6 Each Luminaire Retrofit Modifications (
FeederslCircuits Above 200 A ( )@$15 Each Concrete-Encased Eledrode Inspecfion (
Investigative Fee $70 Or The Total Inspei
Reconnected Feeders/Circuits ( ) @ $2 Each
Whichever Is Greater U To $1,000
) @ 75¢ Each
Ready Now
Will Schedule
) � $35 Each
) @ $35 Each
n'its � $5 Each
} � 25¢ Each
) @ $35 Eadi
Special Inspection Fee ( ) Hours @$80 Per Hour
Manufactured Home Park Lot Supply ( )@$35 Each
Plus Miles The IRS Milea e RaYe of
Recreational Vehicle Site Supply Equipment Other
( Circuits Ori inatin in the E ui ment $6 Each
Street, Parking Lot, Lighting Standard ( )@$5 Each OVBf EOO VOItS — Add the combined serviee/power supply and feededcirwk fee to
� resuR in double the regular fee (does not appy to eledric sign aM outline 6ghting)
( ) New Multi-Family Dwellings @ $70 Each
Transformers Up to 10 kva ( )@$15 Each
With Up To 20 Feede�s/Circufts
Transformers Over 10 kva ( )@$30 Each ( ) Additional Circuits Above The 2d Allowed Per Unit
$6 Each
Electric Signs and Outline Lighting Tot81 (the fee calculated above or $35 multiplied
Transformers/Power Su lies $5 Each by the number of required inspection trips,
whichever is greater)
Requests for Electrical Inspection (REI) with a fee of S?50 or less expire 12 months from the filing date. The coMractorlemployer must have the work
completed within the 12 month period or submit another REI that includes the inspection fee for the uncompleted work. Inspection fees do not carry over
from one REI to another.
A service char e of $30 will be added for all dishonored checks.
1 hereby certify that I inspected the ele�trical installation herein on the dates stated: For Departmerit Use Only
Rough — ln Inspection(s) Date
1
This material can bi
TDD (651) 297-4198.
REI 03 (6/07)
fn drtFerent torms, such as �arge
or on a tape. To requesf,
or
�
Minnesoia Department of Labor and Industry
443 Lafayette Road North
Sf. Paul, MN 55155-4342
Phone: (651) 2845064
TTY/MRS: (651) 297-4198
www.electricity.state.mn. us
� Homeowner Re uest for Electrical Ins ection
Date Rough-In Inspecfion Required? Yes inspection Other Than Rough-In:
� Homeowner Must Schedule All Rou h-In Ins ections Homeowner Must Schedule All Final
Address of Inspection - Street Cityffownship Coi
Owner Name
elephone Number�s) - Include
Maifing Address - Street
Owner
Electrical Utility
State
Ready Now
V1�ill Schedule
�
By s�gning th�s document, I certify that t am the owner as defined by Minn. Stat § 326.01 and wilf legally perform the electrical work
Owner 5ignature
New Home or Associated Structure
- New Home Service/Power 5upply 0— 400 ampere @$35
New Home Service/Power 5upply 401 — 800 ampere @$60
� New Home Feeders/Circuits
�
New Home —
r
Fee Caiculation
Existing Home/Structure Remodel or Addi�ion
New ServicelPower Supply Q— 400 ampere �$35
New Service/Power Supply 401 — 800 ampere @$60
New Feeders/Circuits — Up to 15 Feeders/Circuits
u to 3o Feetlers/Circuits -$100 Feeders/Circuits $6 Each or 16 to 30 $100
30 FeederslCircuits (in addition to 1Jew Feeders/Circuits — More Than 30 Feeders/CircuitS
'Circuits Up To 200 A $6 Each ( ) Feeders/Circuits Up to 200 A(rD $6 Each
Detached Garage or Other Associated Structure
New Service/Power Supply 0— 400 ampere @$35
New Feeders/Circuits ( ) @ $6 Each
Other (Specify)
Other (Specify)
( ) Feeders/Circuits $2 Each �
Detached Garage or Oiher Associated Structure
New Service/Power Supply 0— 400 ampere @$35
New Feeders/Circuits
Reconnected Feeders/Circuits
Other (Specify)
( ) @ $6 Each
( ) @ $2 Each
Total (the fee calculated above or $35 multiplied TOtal (the fee calculated above or $35 multiplied
by the number of required inspection trips, , by the number of required inspection trips,
whichever is greater) whichever is greater)
Requests for Electrical Inspeetion (REI) with a fee of $250 or less expire 12 months from the filing date. The owner must have the work completed within the
12 month period or submit another REI that includes the inspection fee fo� ihe uncompleted work. Inspection fees do not carry over from one REI to another.
A service char e of $30 will be added for atl dishonored checks.
I hereby certify that 1 inspeded the electrical installation herein on the dates stated: Fo� Department Use Only
Rough - In Inspection(s) Date
Date
� nis material can be made avaflable in diTferent forms, such as large
TDD (651) 297-4196.
REI 01 (6/07)
or on a tape. To cequest,
or
Minnesota Deparkment of Labor and tndustry
443 Lafayette Road North
St Paul, MN 55155-4342
Phone: (651) 284-5064
lTY/MRS: (651) 297-4198
www.electricity.state.mn. us
Contractor Re uest for Electrical !ns
Date Rough-In lnspection Required?
Address of Inspection — Street
Owner Name
Owner Telephone Number(s) — Include Area
C�ntractor Name
r.��r�rtnr Tele�hone Number
ection - One Famil Dweltin lAssociated Structure
❑ Yes Single Inspection Other Than Rough-In: � Ready Now
Inspections Contractor Must Schedule All Final Inspections ❑ Will Schedule
Contractor E-mail
Number
Contact Person
Fee Calculation
New Home or Associated Structure . Existing HomelStructure Remodel or Addition
New Dwelling Service/Power Suppy 0— 400 ampere @$35 New Service/Power Supply 0— 400 ampere @$35
New Dwefling Service/Power Supply 401 — B00 ampere �$60 New Service/Power Suppiy 401 — 800 ampere �$60
New Dwelling Feeders/Circuits New Feeders/Circuits — Up to 15 Feeders/Circuits
ne — More than 30
to 30 Feeders/Circuits -$100 FeederslCircuits $6 Each or 16 to 30 $1�0
s/Circuits {in addition to New FeederslCircuits — More Than 30 Feeders/Circuits
5 U To 200 A $6 Each Feeders/Circuits U to 200 A $6 Each
Reconnected Feeders/Circuits
Detached Garage or Other Associated Structure
New Service/Power Supply 0— 400 ampere @$35
New Feeders/Circuits ( ) � $6 Each
Other
Feeders/Circuits $2 Each
Detached Garage or dther Associated Structure
New Service/Power Supply 0— 40� ampere @$35
New Feeders/Circuits ( ) @ $6 Each
Reconneded Feeders/Circuits ( ) � $2 Each
Total (the fee calculated above or $35 multiplied TOtal (the fee calculated above or $35 multiplied �
by the number of required inspection trips, by the number of required inspection trips,
whichever is greater) whichever is greater)
Requests for Electrical Inspection (REI) with a fee of $25D or less expire 12 months from the filing date. The contractor must have the work completed within
the 12 month period or submit another REI that includes the inspection iee for the uncompleted work Inspec8on fees do not carry over from o�e REI to
another.
A service charge of $30 will be added tor all dishonored checks.
I hereby certify that I inspected the electrical installation herei� on the dates stated: For Department Use Only
Rough — In Inspection(s) Date
Final
This material can be
'TDD (651) 297-4198.
REI 02 (6/07)
Date
in different forms, such as
or on a tape. To
1-8U0-342-5354
Voice or
/
�
CRY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 23, 2007
`M�
TO: William W. Burns, City Manager g
��.
FROM:
DATE:
Layne Otteson, Assistant Public Works Director
July 23, 2007
i
SUBJECT: T-Mobile Antenna Lease for Marion Hills Water Tower
PW07-037
City staff has negotiated a lease with T-Mobile for the installation of cellular antennas on the
Marion Hills water tower. Marion Hills water tower is one of the pre-approved cell tower sites. The
street address is 5270 Johnson Street and is generally located about 200 feet west of Matterhorn
Drive on 53�d Avenue.
Rather than constructing an independent monopole somewhere within the city property, T-Mobile
was willing to pay a premium to attach the antennas to the existing tripod mounts on top of our
water tower. The Lease Agreement is for up to nine antennas in three arrays on the tower plus an
access easement and a 10' x 12' area for a small equipment building outside our fencing south of
the water tower. T-Mobil will install a 65 foot long concrete sidewalk between the parking area
and the equipment building.
The Lease Agreement requires a monthly payment of $1,750 plus an additional $125 per month
for each antenna after the first nine. This rent will be increased annually by an amount equal to
the CPI, but not less than 2%, nor greater than 5%. The term of the lease is 5 years with the
option to extend the lease for four additional periods of 5 years each. T-Mobile is eager to begin
the installation as soon as possible.
I have attached the Lease Agreement, which includes the engineering plans. The Lease
Agreement has been reviewed by staff and the City Attorney and is consistent with previous lease
agreements.
Recommend the City Council approve the Lease Agreement befinreen the City of Fridley and T-
Mobile.
LRO
Attachment
19
ANTEleTNA SITE LEASE AGREEMENT
BETWEEN
T�-IE CITY OF FRIDLEYq M�TleIES�'�'A
. �
T-Mobile Central, LLC
�
TOWER SITE LEASE AGREEMENT
THIS TOWER SITE LEASE AGREEMENT ("Lease") is made and entered into as of the
day of , 200_, by and between the City of Fridley, a municipal
corpora.tion ("Landlord"), and T-Mobile Central,
LLC ("Tenant").
AGREEMENTS
1, p�YtEMISES
Landlord owns certain property legally described on Exhibit "A" {"Property"), and the
Johnson Street Water Tower (the "Water Tower"} located thereon. Subject to the terms and
conditions specified in this Lease, Landlord leases to Tenant, and Tenant Ieases from Landlord,
the portion of the Property legally described on Exhibit "B" , and the space on the Water Tower
depicted on E�chibit "F" (collectively, the "Premises") . Landlord also grants Tenant the access
Easement and Utility Easement described in Section 5 of this Lease on, over, under and upon the
Property and adjacent land of Landlord.
2. USE
The Prexnises will be used for the purpose of installing, constructing, maintaining,
repairing, operating, altering, inspecting, expanding, adding to and removing Tenant's
communications equipment, including, but not limited to the following:
2,1 Any and all antenna(s), dish(es) andlor grids as Tenant may deem appropriate.
2.2 Transmission lines and mounting and grounding hardware.
23 A concrete pad and a communications shelter ("Communication Shelter")
containing, without limitation, telecommunications equipment consisting of base station(s),
wireless communication equipment, switch(es), power supply(ies), battery(ies), and accessories.
2.4 An emergency generaxor to be located, � ltereornwithin a seParate helter
Communication Shelter, adjacent to the Communtcat�ons S diesel
adjacent to the Communications Shelter. The fuel tank for the generator (gasoline, ,
butane, propane, LPG or other) may be located either inside or outside the shelter(s), in
accordance with applicable building codes.
For the purpose of this Lease, a11 of Tenant's equipment, antennas, dishes, lines,
switches, power supplies, batteries, Communications Shelter, generator, generator shelter,
accessories, and the necessary appurtenances will be referred to herein collectively as the
„
"Communications Facihty .
��
The above-described concrete pad, Communications Shelter, equipment contained
therein, generator, and lines and equipment may be installed by Tenant or by any of Tenant's
agents or contractors. Tenant has the right to make alterations to the Communications Facility
from tune to tune as Tenant determines to be necessary or desirable. Except for the
Communications Facility, Tenant shall not make any alterations or modifications to Landlord's
Water Tower at any time or under any circumstances. The installation of any addition to the
Communications Facility, or other equipment or property owned by Tenant tha.t is intended to be
located on the Premises, sha11 not occur without the prior notice to and approval of the Landlord,
which shall not be unreasona.bly withheld, conditioned or delayed without reasonable cause
stated to the Tenant in writi.ng.
3. TERM
3.1. Primary Term.
The primary term. ("Primary Term") of this Lease will be for five yeazs (5) years,
commencing on the da.te that Tenant begins construction on the Premises ("Commencement
Date") and will terminate at 11:59 p.m. on the date immediately preceding the fifth an.niversary
of the Commencement Date, unless sooner terminated as provided herei.n. Notwithstanding
anykhing to the contrary in the Lease, neither the Primary Term nor Tenant's obligation to pay
rent will commence unless and until Tena.nt begins construction on the Premises, provided,
however, that if Tenant does not begin construction by January 1, 2008, this Lease will
term.inate, be null and void and of no further force or effect, and neither pariy will have any
further rights, duties or liabilities under this Lease.
32. Extended Term
Tenant is granted the option to extend the Primary term of this Lease for four (4)
additional periods of five (5) years each ("Extended Term"), provided Tenant is not then in
default under this Lease. Each of Tenant's options to extend will be deemed automatically
exercised without any action by either party unless Tenant gives written notice of its decision not
to exercise any option(s) to Landlord before expiration of the then current term.
4. RENT
Tenant agrees to pay rent to Landlord monthly in advance beginning on the
Commencement date an amount equal to one thousand seven hundred fifty dollars ($1,750.00)
for attaching up to nine (9) antennas and eighteen (18) lines of coaxial cable to the Water Tower
and one hundred twenty-five dollars ($125) for attaching each additional antenna (with two (2)
lines af coaxial cable per additional antenna) to the Water Tower, which base amount will be
increased annually by an amoun.t equal to the increase in the Consumer Price Index (CPI), but by
no less than two percent (2%) and no more than five percent (5%).
The CPI shall mean the "Consumer Price Index" for All Urban consumers, All Cities, All
Items (1984=100%), as published by the United States Department of Labor statistics, or if such
index shall e discontinued, the successor index as mutually agreed upon by the parties. To
2�
determine the annual rental increase to be paid by Tenant under the CPI adjuster, the annualized
rental for previous year sha11 be multiplied by a percentage figure, computed from a fraction, the
numerator of which sha11 be the CPI for the third quarter of the preceding yeaz and the
denominator of which sha11 be the CPI for the corresponding quarter of one year earlier. Such
fraction shall be converted to a percenta.ge equivalent. The resulting percentage figure sha11 be
muitiplied by the previous year's rent. Rent will be paid to Landlord at its address designated in
Section 8.
5. ACCESS AND UTILIT'IES
Subject to prior review and approval by Landlord of drafted plans or designs for access
over any such lands, rights-of-way or easements, which approval shall not be unreasonably
delayed, conditioned or withheld, Landlord grants to Tenant, for use by Tena.nt, its employees,
agents contractors and by utility companies, an easement and license over, under, upon and
across the Property and adjoining lands of Landlord, and rights-of-way or easements owned or
leased by Landlord, on a twenty-four (24) hour daily basis, for (i) ingress and egress to and from
the Premises and the Communications Facility (the "Access Easement"), and (ii) the installation,
operation and maintenance of necessary utilities for the Premises and the Communica.tions
Facility (the "Utility Easement"). If reasona.ble in Tenant's opi.nion, sucli Access Easement and
Utility Easement will be over and lie within existing roads, parking lots anc�/or roads hereafter
established by Tenant. Tenant ma.y improve the Access Easernent by grading, graveling and/or
paving. The Access Easement, to the extent further identified, is more particularly described on
E�thibit "C", and the Utility Easement, to the extent further identified and not lying within the
Access Easement, is more particulazly described on Exhibit "D". Tenant will notify Landlord of
any change in the particular location of any Access Easement or Utility easement, if such differs
from the descriptions on E�ibit "C"and "D" hereto.
6. UTILITIES
Tenant will be solely responsible for and promptly pay all chazges for gas, electricity,
telephone service, or any other utiliiy used or consumed by Tenant on the Premises. If
necessary, Tenant will have a meter installed at the Premises for Tenant's utility use, and the cost
of such meter and of installation, maintenance, and repair thereof will be paid for by Tenant.
Tenant may install or improve existing utilities servicing the Communications Faciliiy and may
install an electrical grounding system or improve any existing electrical grounding system to
provide the greatest possible protection from lightning damage to the Communications Facility.
Landlord will reasonably cooperate with Tenant's efforts to improve existing utilities on the
Properry, and Landlord will execute any easement, right-of-way, or similaz agreement that
Tenant or a utility service provider may reasonably request for any such purposes.
7. HOLDING OVER
�
If Tenant holds possession of the Prexnises or any portion thereof after the date upon
which the Premises are to be surrendered, Tenant will become a tenant on a month-to-month
basis upon all the terms, covenants, and conditions of this Lease except those perta.ining to the
Lease term and, during any such month-to-month tenancy, Tenant will pay monthly rent as per
Section 4. Tenant will continue occupying the Premises from month-to-month until terminated
by Landlord or Tenant by the givin.g of thirty (30) days' prior written notice to the other.
8. NOTICE
All notices or demands are deemed to have been given or made when delivered in person
or mailed by certified, registered, or express mail, return receipt requested, posta.ge prepaid,
United States mail, and addressed to the applicable party as follows: �
Landlord: City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
� Attention: City Manager
Phone #: 763-572-3506
Fax #: ?63-571-1287
Notice for access to the Water Tower for maintenance or repairs sha11 be mad.e to the Fridley
Public Works Department at 763-572-3566 Monday through Friday 7:00 AM to 330 PM or to
Anoka County Dispatch at 763-427-1212 for emergency after hours access.
Tenant: T-Mobile Central, LLC
8550 W. Bryn Mawr Avenue, Suite 100
Chicago, IL 60631
ATTN: Lease Administra.tion and Legal Department
with a copy to:T-Mobile Central, LLC
12920 SE 38� Street
Bellevue, WA 98006
ATTN: PCS Lease Administration
A party may change its address to which any notice or demand may be given by written
notice thereof to the other party.
9. LIABILITY AND INDEMNTI'Y
Tenant agrees to indemnify and save the Landlord harmless from all claims (including
costs and expenses of defending against such claims) azising from any breach of this Lease by
tenant, or any negligent act, negligent omission or intentional tort of Tenant or Tenant's agents,
�
employees, contractors, invitees or licensees occurring during the term of this Lease in or about
the Premises. Landlord agrees to indemnify and save Tenant hannless from all claims (includi.ng
costs or expenses of defendang against such cla.ims) arising from any breach of this Lease by
Landlord, or any negligent act, negligent omission or intentional tort of Landlord or Landlord's
agents, employees, contractors, invitees, licensees. The provisions of this Section 9 will survive
the termination of this Lease.
10. TERMINATION
10.1. In addition to the right to terminate granted in Section 11 of this Lease, Tenant has
the right to termi.nate this Lease at any time upon any of the following events:
10.1.1. Upon providing Landlord ninety (90) days prior written notice; or
10.1.1. If the approval of any agency, boazd, court, or other governmental
authority necessary for the construction and/or operation of the Communications Facility
cannot be obtained, or is revoked, or if Tenant determines the cost of obta.ining such
approval is prohibitive; or
10.1.3. If Tenant determines that the Premises are not appropriate for locating the
Communications Facility for technological reasons, including, but not limited to, signal
interference.
10.2. Tenant will give Landlord thirty (30) days written notice of termination of this
Lease under the terms of section 10.1.1. and 10_1.3. above. Upon termination, neither party will
owe any further obligations under this Lease except for the indemnities and hold harmless
provisions in this Lease, the provisions of Section 20 of this Lease, the prompt reimbursement of
pro-rata prepaid rent and Tenant's responsibility for removing all of the Communications Facility
from the Premises and restoring the Premises to its condition as of the commencement date of
this Lease; as near as practicable (save and except the portion — if any - of the concrete pad
below the Communications Shelter below three (3) feet below grade, any underground utilities
and, normal wear and teaz).
11. DEFAULT
If Tenant fails to comply with any material provision of this Lease, including, without
limita.tion, failure to maintain the Premises and the Conununications Fa.cility in a manner
consistent with public health and safety or causing or permitting a nuisance on the Premises, and
such failure is not cured within thirty (30) days after receipt of written notice thereof from
Landlord, Landlord may, at its option, terminate this Lease without affecting its right to sue for
a1 past due rentals and any other damages to which Landlord may be entitled. If any such default
cannot reasonably be cured within thirty (30) days, Tenant will not be deemed to be in default
under this Lease if Tenant commences curing such default within the thirty (30) day period and
thereafter diligently pursues such cure to completion. If Landlord is entitled to collect clamages
or otherwise remedy such default, and if Landlord seeks enforcement of its rights through an
r;
attomey or other legai procedures, Landlord is entitles to collect, in addition to any other
amounts owed, is reasanable costs and attorneys' fees thereby incurred.
If Landlord fails to comply with any material provision of this Lease, and such failure is
not cured within thirty (30) days after receipt of written notice thereof from Tenant, Tenant may,
at its option, cure the failure at Landlard's expense (which expense may, at Tenant's option, be
deducted from tent) or terminate this Lease without affecting its right to demand, sue for, and
collect all of its dama.ges arising out of Landlord's failure to comply. If any such default cannot
reasonably be cured within thirry (30) days, Landlord will not be deemed to be in default under
this Lease if Landlord commences curing such default within the thirty (30) day period and
thereafter diligently pursues such cure to completion. If Tena.nt is entitled to collect damages or
otherwise remedy said default, and if Tenant seeks enforcement of its rights through an attorney
or other legal procedures, Tenant is entitled to collect, in ad.dition to any other amounts owed, its
reasona.ble costs and attorneys' fees thereby incurred.
The rights and remedies stated in this Lease are not exclusive and the parties, in the event
of a breach of this Lease or a dispute, are entitled to pursue any of the remedies provided in this
Lease, by law, or by equity.
No course of dealing between the parties ar any delay on the part of a parry to exercise
any right it may have under this Lease will operate as a waiver of any of the rights provided
hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of
any subsequent default, and no express waiver will affect any term or condition other ihan the
one specified in such waiver and the express waiver will apply only for the time and manner
specifically sta.ted.
12. TAXES
� Unless separately billed to tenant by a ta�cing authority, Tenant will pay annually to
Landlord an amount equal to any increase in real estate ta��es attributable to any improvement to
the Premises made by Tenant. Tena.nt will pay to Landlord Tenant's share of any such ta�� within
sixty (60) days of receipt of sufficient documentation indicating calculation of Tenant's share
and payment of the real estate taxes by Landlord. Landlord must pay annually when due all real
estate taxes and assessments attributa.ble to the Premises, the Access Easement, the Utility
Easement, and the tax lot(s) of which they aze a part. Upon written request by Tenant, Landlord
will furnish evidence of payment of such assessments and taxes.
13. INSURANCE
I 3.1. Required Insurance of Tenant
Tena.nt must, during the term of this Lease and at Tenant's sole expense, obtain and keep
in force, not less than the following insurance:
2�
13.1.1. Property insurance, including coverage far fire, extended caverage,
vandalism and malicious mischief, upon the Communications Facility in an amount not
less than ninety percent (90%) of the full replacement cost of the Communications
Facility (excluding, however, the Water Tower);
13.1.2. Commercial General Liability insuring opera.rians hazard, independent
contractor hazard, contractual liability, and products and completed operadons liability,
in limits not less than $5,000,000 (some or all of which may be provided under an excess
or umbrella liability policy maintained by Tenant) combined single limit for each
occurrence for bodily injury, personal injury and property damage liabiiity, naming
Landlord as an additional insured; and
13.1.3. Workers' Compensation and Employer's Liability insurance.
13.2. Required Insurance of Landlord
Landlord must, during the term of this Lease and at Landlord's sole expense, obtain and
keep in foree, the following insurance:
13.2.1. Property insurance, including covera.ge for fire, extended coverage,
vandalism and malicious mischief on the site, in an amount not less than 90% of the full
replacement cost of the Site (excluding, however, the Communications Facility}; and
13.2.2. Commercial General Liability insuring operations hazard, independent
contractor hazard, contractual liability and products and completed operations liability, in
limits not less than $1,000,000 combined single limit for each occurrence for bodily
injury and property damage liability, naming Tenant as an additional insured.
13.3. Policies of Insurance
Tenant's required insurance policies must be taken out with reputable nat'ional insurers
that are licensed to do business in the jurisdiction where the Premises are located. Landlord's
required insurance policies must be taken out with the League of Iviinnesata. Cities Insurance
Trust. Ea.ch party will deliver certifica.tes of insurance to the other party upon request. All
policies must contain an undertaking by the insurers to notify the other party in writing not less
than fifteen (1S) days before any material change, reductian in coverage, cancellation, or
termination of the insurance.
14. (RESERVED)
15. FIXTURES
Landlord covenants an.d agrees that no part of the improvements installed, constructed,
erected or placed by Tenant on the Premises or other real property owned by Landlord will be or
become, or be cansidered as being, affixed to or a part of Landlord's real property; and auy and
a11 such provisions and principles of law to the contrary notwithstanding, it is the specific
�
intention of Landlord to covenant and agree hereby that all personal property and improvements
of every kind and nature i.nstalled, constructed, erected, or placed by Tenant on the Premises, or
other real property owned or leased by Landlord, will be and remain the properiy of Tenant
despite any default or termination of this Lease and may be removed by Tenant any tune in
Tenant's discretion provided tha.t Tenant at its .expense restores the Premises pursuant to Section
10.2.
16. MEMORANDUM OF AGREEMENT
After preparation of the legal descriptions of the Premises, Access Easement and Utility
Easement, each parry, at the request of the other, will sign a Memorandum of Lease and
easements. Tenant, at its sole expense, may record the Memorandum of Lease and Easements in
the land records of the recording office(s) responsible for notice purposes.
17. ASSIGNMENT AND SUBLETTING BY TENANT
Tenant shall ha.ve the right to sublease or assign its rights under this Lease by giving
notice to Landlord in the manner described in Section 8.
18. PERMITS
Landlord acknowledges that Tenant will be contacting the appropriate local governrnental
agencies for the purposes of obtaining all building pezmits and approvals, zoning changes and/or
approvals, variances, use permits, and other governmental permits and approvals (collectively,
"Permits") necessary for the installation, construction, operation and maintenance of the
Communications Facility. Landlord agrees to fully cooperate with tenant in obtaining the
Permits and, without limiting the generality of the foregoing, to execute any applications, maps,
certificates or other documents that may be required in connection with the Permits.
19. DEBT SECURITY
Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of tru.st or
security deed, assign, create a security interest in, or otherwise execute and delivery any and all
instruments for the purpose of securing bona fide indebtedness any or all of Tenant's interest in
this Lease, or any part thereof, and any and all of Tenant's right, title, and interest in and to any
and all of the Communications Facility. Promptly on Tenant's or Tenant's lender's request,
Landlord sha11 execute and deiiver, and shall assist in facilita.ting the execution and delivery of,
a11 docu.ments requested by any of Tenant's lenders including but not limited to waivers of
Landlord's right to levy or distrain upon for rent any of tenant's property given as security for a
debt, consents that none of the Communications Facilifiy shall become fixtures, consents to
.
...
giving notice to Tenant's lender(s) in the event of tenant's default under the provisions of this
Lease, consents to tenant's assignment to any lender(s) of any and all of tenant's in.terest in or to
this Lease and the Communications Facility and nondisturbance agreements from Landlord and
Landlord's lenders. Tenant sha11 reimburse Landlord for any reasonable costs incurred in the
execution and delivery of any documents, as well as any other expenses resulting from an
obligation incurred as the result of this Section.
20. ENVIRONMENTAL MATTERS
Landlord represents that, to the best of its knowledge, the Premises, Access Easement and
Utility Easement and any existing improvements thereon, are free of hazardous substances, toxic
substances and/or contamination (collectively, "Hazardous Substances"). Landlord agrees that it
will not infxoduce or use any Hazardous Substances on the Site in violation of any applicable
law.
Tenant will indernnify, protect, defend and hold haxmless Landlord from and against a11
claims, suits, actions, causes of action, assessments, losses, penalties, eosts, damages and
expenses, including, without limita.tion, attarneys' fees, sustained or incurred by Landlord
pursuant to any federal, state or local laws, i.mplementing regulations, common law or otherwise
dealing with matters relating to Hazardous Substances released by Tenant in, upon or benea.th the
Premises, Access Easement or Utility Easement.
2 L FENCES
During the Primary Term and each Extended Term, Tenant may fence in tha� portion of
the Premises as Tenant determines is reasonable far the proper and efficient operation and
protection of the Communications Facility, upon review and approval by Landlord of plans for
such fence, which approval will not be unreasonably withheld, conditioned or delayed.
22. 'I'ITd.E
Landlord represents and warrants to Tenant that Landlord has good and marketable title
to the Premises, Access Easement and Utility Easement, free and clear of all liens, encumbrances
and exceptions, except those described in E�iibit E attached hereto, of duration and quality equal
to that conveyed to Tenant by this Lease. Landlord sha11 warrant and defend the same to Tenant
against the claims and demands of all persons and entities.
23. CONDEMNATION O� PREMISES
If any governmental, public body or other condemning authority takes, or if Landlord
transfers in lieu of such taking, all or part of the Premises, Access Easement or Utility Easement
thereby making it physically or financially infeasible for the Premises to be used in the manner
intended by the Lease, Tenant sha11 have the right to terminate this Lease effective as of the date
of the taking by the condemning party and the rental shall be prorated appropriately. If only a
portion of the Premises, Access Easement or Utility Easement is taken, and Tena.nt does not elect
to texminate this Lease under this provision, then the Lease shall continue but renta.i payments
�
provided under this Lease sha11 abate proportionately as to the portion taken which is not then
usable by Tenant, and Landlord sha11 make a11 necessary repairs and alterations to restore the
portion of the Premises, Access Easement and Utility Easement remaining tn as near their form�r
condition as circumstances will permit (at a cost not to exceed Landiord's proceeds from said
condemnation or transfer). .
In the event of any condemnatian, taki.ng or conveyance in lieu thereof which results in a
termination of the Lease, Landlord will not be entitled to that portion, if any, of an award made
to or for the benefit of Tenant for loss of Tenant's property, moving expenses, or for damages for
cessation or interruption of Tenant's business.
24. QUIET ENJOYMENT
Landlord covenants that Tenant, upon paying the rent and observing the other covenants
and conditions herein upon its part to be observed, wiil peaceably and quietly hold and enjoy the
right to use the Premises, Access Easement and Utility Easement on the terms and conditions and
for the purposes stated herein during the term of this Lease, as it may be extended, without
hi.ndrance, ejection or molesta.tion by Landlord or any person(s) or entity(ies) clai.ming under the
Landlord.
25. CONTINGENCIES
Not anything contained herein to the contrary, and in addition to and not in limitation of
Tenant's other rights hereunder, it is expressly agreed that Tenant's obligations under this Lease
are conditioned upon:
25.1. Tenant's satisfaction with the sta.tus of title to the Premises and, at Tenant's option,
Tenant's receipt of a leasehold title insurance policy insuring its leasehold interest in the
Premises, in form and substance satisfactory to Tenant. Landlord shall execute the standard form
of title company affida.vit in order to enable Tenant to obtain title insurance on the Premises free
and clear of a11 exceptions other than those which have been disclosed in writing to Tenant and
which do not interfere with tenant's use of the Premises; and
25.2. Tenant's satisfaction, in its sole and absolute d.iscretion, with the feasibility of
engineering, installing, conshucting and operating the Communication's Facility: Tenant's
receipt of a11 necessary or appropriate building and construction permits and all licenses, permits,
approvals and consents from all applicable governmental authorities necessary or appropriate for
Tenant to use and opera.te the Com.munication's Facility on the Premises.
Tenant is hereby given the right to survey; soil test; radio coverage test, and to conduct
any other investigations needed to deternune if the surface and location of the Premises are
suitable for Tenant's use intended by this Lease.
�Q
26. INTERFERENCE
Landlord will not perm.it or suffer the installation, existence and maintenance of any other
improvement (including, without limitation, transmission or reception devices) upon the Properry
if such improvement interferes with transmission or reception by Tenant's Communications
Facility in any manner whatsoever, except installation, existence and maintenance by the
Landlord of facilities or equipment associated with the maintenance and opera.tion of municipal
utilities or other municipal services at the site.
27. ITEMS TO BE DELIVERED TO TENANT
Within ten (10) days following a request from Tenant, Landlord sha11, to the extent
ava3lable, deliver to Tenant an accurate copy of all, environmental audits relating to the
Premises.
28. COMPLIANCE
Landlord represents and warrants that a11 operations conducted by Landlord in connection
with the Property meet all applicable sta.te, federal, county and local codes and regulations.
Landlord agrees that it will conduct its operations in the future in accorda.nce with all such codes,
mortgage, deed of trust� or other instru.ment encumbering the Property in order for Tenant to
construct, operate, maintain or access the Communications Facility.
During the term of this Lease, tenant will comply with all applicable laws relating to
Tenant's use of the Premises. Tenant will not commit or suffer to be committed any waste on
the Premises or any nuisance.
29. LIENS
Tenant shall keep the Premises free from any liens arising out of any work performed,
materials furnished or obligations incurred by or on behalf af Tenant and shall indemnify, defend
and hold Landlord harmless from all claims, costs and liabilities, including reasonable attorneys'
fees and costs, in connection with or arisin.g out of any such lien or claim of lien. Tenant shall
cause any such lien imposed on the Premises to be released of record by payment or posti.ng of a
proper bond within thirry (30) days after written request by Landlord.
30. SUBORDINATION
Tenant agrees that this Lease sha11 be subject and subordina.te to any mortgages or deeds
of trust now or hereafter placed upon the Premises and to a11 modifications thereto, provided that
Tenant's possession of the Premises shall not be disturbed so long as Tenant continues to
perform its duties and obligations under this Lease and Tenan#'s obligation to perform such
duties and obligations sha11 not e in any way increased or its rights diminished by the provisions
of this pazagraph. Tenant agrees to attorn to the mortgagee, trustee or beneficiary under any such
mortgage or deed of trust, and to the purchaser in a sale pursuant to the foreclosure thereof;
��
provided that Tenant's possession af the Premises sha1l nat be disturbed so long as Tenant shali
continue to perform its duties and obligations under this Lease.
31. ENTIRE AGREEMENT AND BINDING EFFECT
This Lease and any atta.ched exhibits an.d nondisturbance and attomment agreement(s)
mentioning this Lease, constitute the entire agreement between Landlord and Tenant; no prior
written promises or prior contemporaneous or subsequent oral promises or representations will
be binding. This Lease will not be amended or changed except by written instrument signed by
the parties hereto. Section captions herein are for convenience of reference only and neither
limit nor amplify the provisions of this Lease. The invalidity af any portion of ihis Lease sha11
not have any effect on the balance thereof. The provisions of this Lease shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors, and assigns of
Landlord and Tenant.
32. GOVERNING LAW
This Lease shall be governed by the laws of the state in which the Premises are located..
IN WITNESS WHEREOF, Landlord and tenant have signed this Lease as of the date and
year first above written.
TEN.ANT:
T-Mobile Central, LLC
By:
Name: Hossein Sepehr
Title: Director of Engineering and Operations
Date:
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LANDLORD:
THE CITY OF FRIDLEY, MINNESOTA
By: _
Name:
Title:
Date:
Federal Tax Identification Number
(Please complete — Tax ID # required)
Ezhibit A
Legal Description
Property located in Anoka County, Mi.nnesota
Lots One (1) and Two (2), Block One (1), Horizon Heights, according to the map of plat thereof
on file and of record in the Office of the Register of Deeds in and far Anoka County, Minnesota.
AND BEING the same property conveyed to Village of Fridley from William H. Wearn and Jean
H. Wearn by Warranty Deed dated April 14, 1955 and April 29, 1955 in Instrument Number
163426.
Ta�c Parcel Nos.: 25-30-24-21-0001 and 25-30-24-21-0002
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Ezhibit B
Ground Lease Area
An easement for lease tract purposes over, under and across that part of Lot 2, Block 1, Harizon
Heights, according to the recorded plat thereof, Anoka. County, Minnesota. described as follows:
Commencing at the northeast corner of the Northwest Quarter of Section 25, Township 30,
Range 24, said Anoka County; thence Sauth 00 degrees 16 minutes 25 seconds East, beari.ngs
based on Anoka County Coordinate Crrid, along the east line of said Northwest Quarter a
distance of 145.76 feet; thence on a beari.ng of West a distance of 95.70 feet to the point of
beginning of the lease tract to be described; thence South 41 degrees 32 minutes 21 seconds
West a distance of 10.00 feet; thence South 48 degrees 27 minutes 39 seconds East a distance of
12.00 feet; thence North 41 degrees 32 minutes 21 seconds East a distance of 10.00 feet; thence
North 48 degrees 27 minutes 39 seconds West a distance of 12.00 feet to said point of beginning.
Said lease tract contains 120 square feet.
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Ezhibit C
Access Easement
A 15.00 foot wide easement for access purposes over and across Lot 2, Block 1, Horizon
�ieights, a.ccording to the recorded plat thereof, Anoka County, Minnesota. The southerly line of
said easement is described as follows:
Commencing at the northeast corner of the Northwest Quarter of Section 25, Township 30,
Range 24, said Anoka. County; thence South 00 degrees 16 mi.nutes 25 seconds East, bearings
based on Anoka County Coordinate Grid, along the east line of said Northwest Quarter a
distance of 145.76 feet; thence on a bearing of West a distance of 95.70 feet; thence South 41
degrees 32 minutes 21 seconds West a distance of 15.00 feet; thence South 48 degrees 27
mi.nutes 39 seconds East a distance of 12.00 feet to a point hereinafter referred to as Point "A",
and the point of beginning of the line to be described; thence continuing South 48 degrees 27
minutes 39 seconds East a distance of 37.83 feet; thence North 89 degrees 43 minutes 35 seconds
East a distance of 45.61 feet to the west line of Johnson Street Norkheast and said line there
temunating.
Together with a 5.00 foot wide easement for access purposes over and across said Lot 2. The
southwest line of said easement is described as beginning at said Point "A"; thence North 48
degrees 27 minutes 39 seconds West a distance of 12.00 feet and said line there terminating.
Said access and utility easement conta.ins 3,674 square feet.
��
Ezhibit D
Utility Easement
A S.QO foot wide easement for utility purposes over, under and across Lot 2, Block l, Horizon
Heights, according to the recorded plat thereof, Anoka County, Minnesota. The easterly and
northerly line of said easement is described as follows:
Commencing at the northeast comer of the Northwest Quarter of Section 25, Township 30,
Ra.nge 24, said Anoka County; thence South 00 degrees 16 minutes 25 seconds East, bearings
based on Anoka. County Coordinate Grid, along the east line of said Nortliwest Quarter a
distance of 145.76 feet; thence on a bearing of West a distance of 95.70 feet to the point of
beginning of the line to be described; thence South 41 degrees 32 minutes 21 seconds West a
distance of 15.00 feet; thence South 48 degrees 27 minutes 39 seconds East a distance of 49.83
feet; thence North 89 degrees 43 minutes 35 seconds East a distance of 45.61 feet to the west line
of Johnson Street Northeast and said line there ternuna.ting.
Said utility easement contains 543 square feet.
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Eghibit E
Title Exceptions
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Attached.
Ezhibit F
Water Tower Space
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L
CRY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF
J U LY 23, 2007
To: William W. Burns, City Manager �
�
From: Donald Abbott, Public Safety Director
Chris McClish, Police Officer
Date: July 2, 2007
Re: Safe and Sober Communities Grant Agreement
The Anoka County Sheriff's Office and the Anoka, Blaine, Centennial Lakes, Columbia
Heights, Coon Rapids, Ramsey, Spring Lake Park, Lino Lakes, St. Francis, and Fridley Police
Departments are submitting a joint grant request under the Safe and Sober Communities Grant
Program. The State of Minnesota Department of Public Safety uses this program to award
funds provided by the Federal Office of Traffic Safety to communities for use in traffic
education and enforcement efforts.
The Safe and Sober Communities Grant Program is expected to provide funding to each
community to fund law enforcement officer overtime as they participate in joint enforcement
efforts. These enforcement efforts will take place on major holiday weekends, will coincide
with high school graduations in Anoka County, and on selected other weekends. The focus of
these enforcement efforts will involve officers from all participating agencies simultaneously
and will coincide with similar efforts throughout the State of Minnesota.
In addition to the enforcement effort, community education through media advertising and
news releases, posters to educate motorists as to the risks and consequences of impaired
driving and failure to utilize seatbelts and passenger restraints will be funded. Each
enforcement weekend will be augmented by a corresponding advertising campaign. The
Coon Rapids Police Department will administer the Safe and Sober grant on behalf of the
participating agencies.
The Safe and Sober grant will provide reimbursement to the City of Fridley for the salary and
benefits of our officers assigned to these overtime enforcement shifts. Some additional
training is required of our officers and the Safe and Sober grant will provide this training as
well. The City of Fridley provides officer time to attend this training, squad cars, fuel, and
related supplies and support to our officers assigned to the enforcement effort.
Staff recommends Council's approval.
' '
RESOLUTION NO. 2007 -
RESOLUTION AUTHORIZING PARTICIPATION IN THE
SAFE AND SOBER COMMUNITIES GRANT PROGRAM
WHEREAS, the City of Fridley recognizes the importance of the safe and efficient movement
of traffic in and through our community;
WHEREAS, the City of Fridley Police Department works to improve the safe and efficient
movement of traffic through education and enforcement;
WHEREAS, drivers operating motor vehicles under the influence of alcohol and vehicle
occupants not utilizing vehicle safety belts contribute to needless accidents and injury;
WHEREAS, in recognition of the adverse impact on lives and property resulting from impaired
drivers and the non-use of seatbelts, the State of Minnesota, Minnesota Department of Public
Safety, and the Office of Traffic Safety have developed the SAFE AND SOBER Grant Program
to fund traffic safety education and enforcement;
WHEREAS, the municipalities of Anoka, Blaine, Centennial Lakes, Columbia Heights, Coon
Rapids, Lino Lakes, Ramsey, Spring Lake Park, St. Francis, and Fridley desire to cooperatively
participate in the SAFE AND SOBER COMMLTNITIES Grant Program during the year from
October 1, 2007 through September 30, 2008;
NOW, THEREFORE BE IT RESOLVED that the Public Safety Director of the Fridley Police
Department or his designee is hereby authorized to execute such agreements and amendments as
are necessary to implement the proj ect on behalf of the City of Fridley.
BE IT FURTHER RESOLVED that the Coon Rapids Police Department is hereby authorized
to be the fiscal agent and administer this grant on behalf of the City of Fridley Police
Department.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF JULY, 2007.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
�
CffY OF
FRIDLEI'
Name
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 23, 2007
Position
Appointment
Starting
Salarv
Kevin Police $19.04
Titus Officer per hour
Starting
Date Replaces
July 24, David
2007 Prois
� AGENDA ITEM
COUNCIL MEETING OF JULY 23, 2007
CffY OF
FRIDLEI'
CLAIMS
132396 -132792
� AGENDA ITEM
CITY COUNCIL MEETING OF
�°F J U LY 23 2007
FRIDLEI' 7
Contractor T e A licant A roved B
Anderson Heatin & A/C Inc HVAC Geor e Whittenber er Ron Julkowski, CBO
Automaric Garage Door & Fireplaces Gas Kristi Henneman Ron Julkowski, CBO
Contact Si ns Inc Si n Erector John Conwa Ron Julkowski, CBO
Controlled Air & Heatin HVAC Denise Lucier Ron Julkowski, CBO
Cronstrom's One Hour Heating & A/C Gas/HVAC Connie Schwieters Ron Julkowski, CBO
Discount Appliance Repairs Inc HVAC Alyssa Mogen Ron Julkowski, CBO
Du All Service Contractors Inc Commercial/S ecialt Ga Dooner Ron Julkowski, CBO
Egress & Glass Block Window Experts Mason Kent Klescewski Ron Julkowski, CBO
Erv Smith Services Gas/HVAC Jeff Smith Ron Julkowski, CBO
Fore Mechanical Inc Gas/HVAC Greg Dustin Ron Julkowski, CBO
Heating & Cooling Design HVAC Les Fischer Ron Julkowski, CBO
HJ Martin & Son Inc Commercial/S ecialt Curt Dowd Ron Julkowski, CBO
Jerty's Plumbing Inc Gas Ted Hurkman Ron Julkowski, CBO
Jones Sign Co Inc Sign Erector Lorri Hendzel Ron Julkowski, CBO
Kath HVAC HVAC Keith Williams Ron Julkowski, CBO
Kraus-Anderson Construction Co Commercial/S ec Jerold Dreis Ron Julkowski, CBO
McFarland Construction Co Commercial/Specialty Tim McFarland Ron Julkowski, CBO
More's Burner Services Inc Gas/HVAC John More Ron Julkowski, CBO
Oak Grove Mechanical Inc Gas Dou Wallen Ron Julkowski, CBO
Palo Com anies, Inc HVAC Suzanne Haata�a Ron Julkowski, CBO
Pride Heating & Air Conditioning HVAC James McFarland Ron Julkowski, CBO
Sharp Hearing & Air Condirioning Inc HVAC Kevin Hanson Ron Julkowski, CBO
Sherman Lumber Inc Commercial/S ecialt Steve Kellin Ron Julkowski, CBO
Van Kirk Hearing & Air Conditioning HVAC Michael Van Kirk Ron Julkowski, CBO
�
�
CffY OF
FRIDLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF July 23, 2007
RENTAL LICENSES
Ready for Certificate (Year 2, Quarter 2 properties)
Propi�: Property Address
1099 5800 2 1/2 St. NE
1100 5810 2 1/2 St. NE
1107 5980 2 1/2 St. NE
� � os 6060 2 1/2 St. N E
� � sa 5841 3rd St. N E
1146 5974 3rd St. NE
1147 5980 3rd St. NE
1191 276-78 58th Ave. NE
1637 5870 5th St. NE
�s�� 281 67th Ave. NE
1265 361 74th Ave. NE
1271 380-82 74th Ave. NE
1284 101 83rd Ave. NE
1285 121 83rd Ave. NE
�2a� 141 83rd Ave. NE
1566 7601 Arthur St. NE
�sas 6035 Main St. NE
1564 1515 Mississippi St. NE
Units
4
4
4
4
1
4
4
1
1
1
8
2
41
41
36
1
4
1
Owner
Trung Duong
5810 2 1/2 St, LLC
Paul Schulz
Robin & Mark Sibinski
Steven Stixrud
Thomas & Nelia Schaff
Thomas & Nelia Schaff
Betty Loewen
Dennis Anderson
Alternative Realty
Chowdhury Properties, LLC
Thomas & Nelia Schaff
University Ave. Associates
University Ave. Associates
University Ave. Associates
Jeff Pappenfus
Thomas & Nelia Schaff
Ralph Killings
7/19/2007
Inspection
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CffY OF
FRIdLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 23, 2007
July 18, 2007
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Public Hearing to Consider Revocation of Special Use Permit #06-04 for BDA
Development, generally located at 7600 Hwy 65 NE
M-07-22
INTRODUCTION
Brent Anderson of BDA Development received a Special Use Permit from the City Council on
September 25, 2006, to allow limited outdoor storage at his property which is located at 7600 Hwy
65 NE. As you are aware, several stipulations were attached to the approval of those special use
permits. Since the September 25, 2006 approval several of the stipulations have either not been
met or are past the deadline for completion.
HISTORY
In 2005, staff started investigating this property for non-compliance of the outdoor storage and
screening City code requirements. At that time, staff worked with the property owner, who was
having financial problems, to give him additional time to resolve the code violations. After several
extensions and still no compliance, staff notified the owner that we would be seeking legal action.
As a result, the property owner applied for a special use permit for outdoor storage. His original
request was submitted on April 5, 2006; however the application was incomplete and was returned
to him. On June 16, 2006, the petitioner submitted a complete application for a special use permit
to allow limited outdoor storage on his property by constructing a 10 ft. by 520 ft. lean-to structure.
As you will recall, City Code allows limited outdoor storage in the industrial districts with a
special use permit (an area up to 50% of the principle building's footprint). The petitioner's
principal building is approximately 34,000 square feet, which would allow 17,000 square feet of
outdoor storage. The petitioner is proposing to construct a 10 ft. by 520 ft. (5,200 square feet)
lean-to type structure to store his construction related supplies and equipment. The petitioner
also plans to have outdoor storage confined to an area in the northwest corner (labeled as "E" of
the attached site plan) of this property, however, an exact dimension of that area hasn't been
identified. After the lean-to structure is constructed, the petitioner will have 11,800 square feet
of potential space for outdoor storage, minus the area in the northwest corner.
The special use permit was approved by the Planning Commission on July 19, 2006. The
Planning Commission had a lengthy discussion with the petitioner regarding a timeline for the lean-
to structure to be completed. Staff also requested that he move his location for unloading materials
from large trucks (which he was doing in the front parking lot). Their approval was contingent upon
extending the deadline to have the lean-to structure completed by October 1, 2007, instead of the
original deadline of December 31, 2006. The petitioner expressed his need for additional time to
get the lean-to constructed due to money constraints and all the other improvements that need to
be made on the site. The petitioner did however articulate that all other improvements, including
but not limited to, paving and curbing of the site, a new screening gate, and A fence along the
southern property line to be replaced or repaired would be completed by the December 31, 2006
deadline.
The City Council approved the Special Use Permit request on September 25, 2006, with the
following stipulations. The stipulations in bold and underlined haven't been met or are past the
deadline for completion.
1. Petitioner to obtain all necessary building permits prior to construction to proposed lean-
to structure.
2. Proposed lean-to shall be 5 ft. from the side yard property line and the 5 ft. area shall be
landscaped, irrigated and properly maintained.
3. Lean-to structure to be completed and all outdoor storage items to be placed inside the
structure by October 1, 2007 to avoid further legal action.
4. Lean-to structure shall be maintained as an accessory structure and shall not become
part of the principal building.
5. Petitioner to provide City Staff with dimensions of the outdoor storaqe area in the
northwest corner of the property, labeled as "E" on the site plan.
6. A landscape plan shall be submitted and approved by City Staff prior to issuance of a
building permit for the lean-to structure. Engleman ivy to be installed 24" on center on
the concrete wall of proposed lean-to.
7. A grading and drainage plan to be submitted and approved by City engineering staff
prior to issuance of a building permit for the lean-to structure.
8. Petitioner to provide storm water maintenance aqreement for use of storm pond
west of the subject property.
9. Gutters shall be required on the new lean-to structure to prevent run-off to neighboring
properties.
10. Petitioner shall install curb and qutter around site perimeter and hard surFace any
remaininq qravel areas with asphalt or concrete.
11. Gate width and style to be installed to access the rear yard on the east side of the
property to meet Fire code requirements. Gate shall also be screened with slats
installed in order to comply with code requirements by December 31, 2006. Gate
shall remain closed, except when beinq used for access to the yard, to ensure
proper screeninq.
12. Outdoor combustible storage shall meet Fire code requirements.
13. Water available for fire protection and distances shall comply with Fire code
requirement.
14. Access to and through rear yard storage area shall meet Fire code requirements. A
minimum of 18 ft. of clearance shall be provided for one-way traffic or 25 ft. clearance for
two-way traffic.
15. No off-loadinq of materials shall take place in front of the principal buildinq or
eastern entrance area or service road.
16. No new structure shall be constructed in the "undefined" area on the west side of the
property.
17. Existing semi-trailers on the site used for storage shall be removed prior to December
31, 2006. Semi-trucks and trailers shall not be permitted for storage purposes on the
property.
18. No outdoor storage shall be permitted other than the storage of items used by the
businesses located on site.
19. All storaqe shall be contained within the buildinqs, this structure as defined in this
proposal, or the area identified as "E" in the attached site plan.
20. Fence along the south side of property to be repaired or replaced prior to construction of
the lean-to structure.
21. Poorly maintained fence along adjacent (Sam's Auto World) site to be removed once
concrete wall of lean-to is complete. This fence removal will allow room for landscape
maintenance outside of the lean-to and for an overall improved site appearance.
Wth the exception of constructing the lean-to structure, the petitioner ensured the City Council and
staff that all other improvements to the site, including but not limited to, paving and curbing of the
site, a new screening gate, and fence along the southern property line to be replaced or repaired
would be completed by the December 31, 2006 deadline. The December 31, 2006 deadline has
come and gone and no improvements have been made to the site, with the exception of the
removal of the semi-trailers that were parked on site for storage. Staff has tried to coordinate
several meetings with the petitioner to go over the stipulations, however phone calls haven't been
returned or meetings have been cancelled. It is Staffs understanding the petitioner's project
manager, who was managing this project, recently, passed away. Despite this unfortunate
circumstance, outdoor storage conditions on this site are something we've been discussing for
several years.
RECOMMENDATION
Staff recommends that all of the 21 stipulations placed on this special use permit request be
completed by December 31, 2007. This includes construction of the lean-to structure and
everything that is required as a result of that construction. If any of the stipulations aren't met by
the December 31, 2007 deadline, staff recommends that the City Council revoke the petitioner's
special use permit at their first meeting in January of 2008. As a result, Staff recommends that the
City Council open the public hearing and hold it open until the January 7, 2008 City Council
meeting for the final decision on revocation of SP #06-04.
Council may choose to revoke this special use permit at the July 23, 2007 City Council meeting,
based on the following:
0 Several years of chronic outdoor storage code violations at this property.
0 City Code gives the Council the authority to revoke a special use permit due to failure of
meeting stipulations following a public hearing.
0 Inactivity on the City's part, in light of these violations could arguably constitute a waiver
of the SUP stipulations.
A resolution has been prepared; if Council chooses to revoke this special use permit.
RESOLUTION NO. _
A RESOLUTION REVOKING SPECIAL USE PERMIT #06-04 FOR BDA
DEVELOPMENT TO ALLOW LIMITED OUTDOOR STORAGE IN AN M-1 ZONING
DISTRICT, GENERALLY LOCATED AT 7600 HWY 65 NE
WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning
ordinances that regulate the use of land in order to protect the public's health, safety, morals, and
general welfare; and
WHEREAS, City Zoning Code Section 205.OS.S.G requires the City Council to revoke a special
use permit, following a public hearing, when there is failure to comply with any and all
conditions and stipulation of the issued permit; and
WHEREAS, the Fridley City Council held a public hearing regarding the special use permit SP
#06-04, to allow limited outdoor storage in an M-1, Light Industrial zoning district at BDA
Development, generally located at 7600 Hwy 65 NE on September 25, 2007; and
WHEREAS, an September 25, 2006 approval of SP #06-04 included 21 stipulations, of which 6
stipulations were to have been completed or submitted to City staff for review by December 31,
2006; and
WHEREAS, City staff conducted an inspection of the site on January 29, 2007, April 11, 2007,
and July 17, 2007 to determine compliance with the stipulations of SP #06-04; and
WHEREAS, City staff found that compliance of 6 of the stipulations have not been met; and
WHEREAS, by all measures staff believes the remaining stipulations will go un-met, based on
lack of performance to this point; and
WHEREAS, Inactivity on the City's part, in light of these violations could arguably constitute a
waiver of the SUP stipulations;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, after
listening to all the facts presented at the public hearing, makes the following FINDINGS OF
FACT:
1. That the City of Fridley and its staff have acted within the Fridley Zoning Code; and
2. That the City of Fridley staff accurately represented the condition of the property when
they inspected it, finding several items of noncompliance of the stipulations of the special
use permit; and
3. That the City of Fridley staff communicated the points of noncompliance verbally to the
business owner in writing prior to the public hearing; and
4. The property owner was notified by mail of the non-compliance and the public hearing
date; and
5. That the original public hearing date has to be re-scheduled at the property owners
request to the July 23, 2007 City Council meeting, and
6. That the public hearing was held on July 23, 2007, allowing the City Council to take
testimony on this property; and
7. That as of July 17, 2007, the property continues to be in violation of the special use
permit action taken by the City Council on September 24, 2006.
BE IT FURTHER RESOLVED THAT the City Council, having heard and reviewed the
evidence before it, expressly finds that the foregoing recitation is true and correct and
incorporates it as part of its Findings of Fact.
BE IT FURTHER RESOLVED THAT, based on these findings, the City Council of the City
of Fridley hereby revokes the special use permit SP #06-04 to allow limited outdoor storage in
an M-1, Light Industrial zoning district at BDA Development, generally located at 7600 Hwy 65
NE.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2007.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 23, 2007
July 18, 2007
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Resolution Declaring Garage at 1465 Gardena a Hazardous Structure
Background
For several months, staff has been attempting to work with Bashir Moghul, the owner of the residential rental
property at 1465 Gardena Avenue, to accept the fact that his garage on the property is a hazardous structure
and needs to be torn down. Letters were sent to the property owner in February and again in March of this
year. Three extensions have been granted to Mr. Moghul per his request on resolving the matter. His last
extension expired June 29. Staff found the only way we could resolve the matter was to pursue enforcement
of the State Building Code procedures for declaring a structure hazardous.
The City's Building Inspector had inspected the garage and determined the structure was unsafe. His report is
attached. Staff is particularly concerned about the safety of renters.
Today, Mr. Moghul came in to the City Offices and obtained a demolition permit for the garage. He
committed to staff that he plans to demolish the garage by August 31 and rebuild the garage, as required by
code, by November 30 ofthis year.
Recommendation
Staff recommends that the City Council allow Mr. Moghul until August 31, 2007 to demolish the garage at
1465 Gardena and November 30, 2007 to finish construction on a new garage on the property. If the City
Council does not desire to allow the properiy owner more time, a resolution is attached, which would follow
the legal procedures necessary to declare the garage hazardous.
Further, staff recommends that Council hold the public hearing as scheduled on July 23rd, take public
comment, and keep the hearing open until the December 3 City Council meeting to assure that all work has
been completed as committed by Mr. Moghul.
RESOLUTION NO. 2007-
RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING
PURSUANT TO MINNESOTA STATUTES SECTION 463, LOCATED WITHIN THE CITY
OF FRIDLEY, MINNESOTA
BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows:
In the matter of the hazardous accessory structure located at 1465 Gardena Avenue NE:
Legally Described as: Southerly 200 ft of Lot 2& W 20 ft of S 220 ft of Lot 1 Meloland
Gardens Except Westerly 72 ft of SD Lot 2 Subject to easement of record.
TO: Mr. Bashir Moghul , and any tenants, occupants, or other persons claiming an interest in
the above described premises
Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the City Council of the City of
Fridley, having duly considered the matter, finds the above described building to be a
hazardous structure for the following reasons: an agent of the Chief Building Official of
the City of Fridley has inspected the structure and has determined that the essential
structural items of this structure such as walls, and rafters are not structurally stable. The
garage has been boarded up and secured, but not repaired. However, the property owner
continues to store materials in the structure causing concern about the safety of anyone
retrieving these materials from storage.
Section 1300.0180.2000 NIN State Building Code, states in part, "any structure that
constitutes a hazard to safety, health, or public welfare by reason of disaster or damage,
shall be considered unsafe. All unsafe buildings shall be declared a public nuisance and
shall be abated by repair or demolition, as referenced in the MN. State Statutes Sections
463.15 to 463.26.
The above mentioned property was posted as a hazard in accordance with MN Statute
463.17.
2. The Council further orders that unless such corrective action is taken or an answer is served
upon the City of Fridley and filed in the office of the clerk of District Court of
Anoka County, Minnesota within 20 days from the date of the service of this order, a motion for
summary enforcement of this Court will be made to the District Court of Anoka County.
Enforcement of this order shall include, in the City's discretion, the option of razing the
structure. The Council orders that all personal property or fixtures that may unreasonably
interfere with the razing and removal of the building shall be removed within 20 days, and if not
so removed by the owner, and the City then determines to raze the structure, the City of Fridley
may remove and sell such personal property or fixtures at public auction in accordance with law.
Resolution No. 2007-
Page 2
3. The Council further orders that if the City is compelled to take any corrective action herein, all
necessary costs expended by the City will be assessed against the real estate concerned and
collected in accordance with Minnesota Statutes, Section 463.22.
4. The mayor, clerk, city attorney and other officers and employees of the City are authorized
and directed to take such action, prepare, sign, and serve such papers as are necessary to comply
with this order and to assess the costs thereof against the real estate described above for
collection along with taxes.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF _ 2007
Scott J. Lund, Mayor
ATTEST
Debra A. Skogen, City Clerk
BUILDING INSPECTIONS
Memorandum
DATE: May 24, 2007
MEMO TO: Julie Jones, City Planner
FROM: David Jensen, Building Inspector
SUBJECT: 1465 Gardena Ave / Garage
On April 16th 2007, I conducted an inspection on a detached garage at 1465 Gardena Ave.
Structural issues include:
1) Concrete block walls are bowed out on three sides.
2) South and north sides have substantial vertical and horizontal mortar joint cracking.
3) The south elevation has various 2 to 3 inch holes in the block due to wide spread block
deterioration.
4) The roof appears to be partially open to the elements.
5) The entire top wooden plate is rotten and in some places is gone completely.
6) There are rotten ceiling joist on the inside of structure.
I stated on the inspection slip that the owner would need an engineers report to repair the
structure or demo with proper permits required. I also stated if demolished, a garage of the
minimum size would be required on the lot.
Due to inadequate maintenance and dilapidation the building or structure has become an
unsafe structure. In reference to Minnesota State Building Code section 1300.0180 all unsafe
buildings, structures or appendages are public nuisances and must be abated by rehabilitation,
demolition or removal.
If the owner decides to make repairs to the roof or other structural elements of the garage the
City would require a report by a structural engineer. The capacity of existing elements required
to resist forces such as lateral loading can not be increased beyond the structures capacity.
Once you notify the owner by mail, he has twenty (20) days of receipt to respond.
DJ/kb
CASES BY ADDRESS: 1465 GARDENA AVE NE 7/19/2007
Complaint
Date Opened By
11/28/200 Beberg
2/9/2007 Jones
melt
►a�7h��I�f� .fTiL��
►a�7h��I�f� .fTiL��
Complaint Description Case Notes Actions
Junk vehicles in back yard parking on grass They are remodeling and all appliances in driveway will be disposed of soon-Per
need to be removed Pat Wolfe and asked Fire during their inspection to remind them to clean up junk
cars and those appliances as Fire is inspected soon 12-04-06-see notes
attached to the address file
12/1/2006 First Inspection Final and only-see notes in prop
ta b
12/4/2006 Send Final Notice
12/11/2006 Grant Extension
12/26/2006 Close Case
Improper outside storage-pallets, fencing,
shingles and misc. debris in backyard
Improper parking and driving on unpaved
surface
Garage appears to be a hazardous structure
2/9/2007 First Inspection
2/9/2007 Send 1 st Notice
2/9/2007 Grant Extension gave 30 days, same as File
3/23/2007 Extension Followup
3/23/2007 Send Final Notice
3/23/2007 Grant Extension jj gave addtl time for snow to
4/20/2007 Extension Followup
4/20/2007 Send Abatement
5/30/2007 Close Case
2/9/2007 First Inspection
2/9/2007 Send 1 st Notice
2/9/2007 Grant Extension Gave 30 days, same as file
3/23/2007 Extension Followup
3/23/2007 Send Final Notice
3/23/2007 Grant Extension
4/20/2007 Extension Followup
4/20/2007 Send Abatement
5/16/2007 Close Case
2/9/2007 First Inspection
2/9/2007 Send 1 st Notice
2/9/2007 Grant Extension gave 30 days, same as Fire
3/23/2007 Extension Followup
3/23/2007 Send Final Notice
3/23/2007 Grant Extension JJ gave addtl extension for
snow to melt
6/1/2007 Grant Extension Allowed time to get engineering
report
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CffY OF
FRIDLEIf
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 23, 2007
William W. Burns, City Manager
Layne Otteson, Assistant Public Works Director
July 23, 2007
Initiate 2007 Quiet Zone Project
PW07-036
The attached resolution is to initiate the design and plan preparation for the proposed 2007
Street Project No. ST. 2007 — 3. Since last year, Public Safety Director pon Abbot has initiated
and coordinated the Quiet Zones program for grade crossings at 2 locations within Fridley.
These railroad crossings locations are at 77t" Avenue and Osborne Road. The streets are
located near commercial and residential areas. These are the only remaining grade crossings
not converted to Quiet Zones between Minneapolis and Anoka.
City staff is communicating with adjacent property owners, BNSF, Anoka County, Federal
Railroad Administration, and MNDOT to design the quiet zones. The work will be similar to
other Quiet Zones in the region. They will likely include concrete medians, signage, driveway
entrance realignments, and striping.
The resolution orders the preparation of preliminary plans, specifications and estimate for the
improvements. Recommend the City Council adopt the attached resolution for the 2007 Street
Project No. ST. 2007 - 3.
LO
Attachment
RESOLUTION NO. 2007 -
A RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND
FEASIBII,ITY REPORT OF STREET IMPROVEMENT PROJECT NO. ST. 2007-3
WHEREAS, residents of the City of Fridley have expressed concern over the volume of railroad locomotive
horns being sounded within the City; and
WHEREAS, the City of Fridley desires to apply for and establish a Quiet Zone including two railroad grade
crossings as Osborne Road and 77�' Avenue; and
WHEREAS, Resolution No. 2006-52 authorized staff to proceed with the process of establishing a quiet
zone in the City of Fridley; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows:
That it appears in the interests of the City and of the property owners affected that there be
constructed certain improvements to-wit:
Street improvements, including concrete median, signage, driveway realignment, and striping located as
follows:
Osborne Road East River Road to 400' west of Main Street
77th Avenue NE East River Road to 500' west of Main Street
That the work involved in said improvements listed above shall hereafter be designated as:
STREET IMPROVEMENT PROJECT NO. ST 2007-3
2. That the Public Works Director, City Hall, Fridley, MN, is hereby authorized and directed to draw the
preliminary plans and specifications and to tabulate the results of his estimates of the costs of
completion and all fees and expenses incurred (or to be incurred) in preliminary report of his finding
stating therein whether said improvements are feasible and whether they can best be made as
proposed, or in connection with some other improvements (and the estimated costs as recommended),
including also a description of the lands or area as may receive benefits there from and as may be
proposed to be assessed.
3. That said preliminary report of the Public Work Director shall be furnished to the City Council.
PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF
_ 2007.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
� AGENDA ITEM
CITY COUNCIL MEETING OF JULY 23, 2007
CffY OF
FRIDLEI'
INFORMAL STATUS REPORTS