06/08/2009 - 4544�
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FRIDLEY
CITY COUNCIL MEETING OF JUNE 8, 2009
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids should
contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of May 18, 2009
NEW BUSINESS:
1. Variance Request, VAR #09-01, by Harold Voth,
HDR Engineering, Inc., on behalf of Minneapolis
Water Works, to Reduce the Front Yard Setback
from 35 Feet to 13 Feet to Allow the Construction
of a Dewatering Plant Improvement Project,
Generally Located at 4300 Marshall Street N. E.
(Ward 3) ............................................................................................................
2. Variance Extension Request, VAR #09-02, by
John and Caroline Krack, to Reduce the Rear
Yard Setback from 25 Feet to 18 Feet 9 Inches
to Allow the Construction of a 20 Foot by 23 Foot
Living Addition Off the Back of the Existing Home,
Generally Located at 7629 Lakeside Road N. E.
(Ward 2) ............................................................................................................
1-11
12-13
FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Approve Agreement for Residential
Recycling Program between the City of
Fridley and the County of Anoka ....................................................................... 14 - 20
4. Approve Change Order No. 1 for the
85t" Avenue Trail Project No. ST2007-4 ............................................................ 21 - 22
5. Resolution Authorizing Adoption and
Execution of a Mutual Aid Agreement
Between the Minnesota Department of
Natural Resources and the City of Fridley
FireDepartment ................................................................................................. 23 - 29
6. Resolution Authorizing Adoption of Anoka
County Mutual Aid Agreement for the Use
of Fire Department Personnel and Equipment
Between Municipalities in Anoka County ......................................................... 30 - 34
7. Claims ....................................................................................................... 35
8. Licenses ....................................................................................................... 36 - 38
9. Estimates ....................................................................................................... 39
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 3
NEW BUSINESS:
10. First Reading of an Ordinance to Amend
the City Code of the City of Fridley, Minnesota,
by Making a Change in Zoning Districts
(Rezoning Request, ZOA#09-01, by Premier
Central 65 Partners, to Rezone from M-2,
Heavy Industrial, to R-3, General Multiple
Units, Generally Located at 7011 University
Avenue N. E. )(Ward 1) .......................................................................................... 40 - 41
11. Approve Memorandum of Understanding for the
Reconstruction of County Road 132 (85t" Avenue)
12
from 1450 Feet West of Springbrook Drive to
TH 47 in the Cities of Blaine, Coon Rapids and
Fridley................................................................................................................... 42 - 49
Informal Status Report .......................................................................................... 50
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
MAY 18, 2009
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director
James Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
APPROVAL OF PROPOSED CONSENT AGENDA
APPROVAL OF MINUTES:
Local Board of Appeal and Equalization Meeting of Apri127, 2009
City Council Meeting of Apri127, 2009
City Council Meeting of May 4, 2009
APPROVED
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of May 6, 2009.
RECEIVED.
2. Receive Bids and Award Contract for Elevated Water Tower No. 1 Rehabilitation
Project No. 382.
William Burns, City Manager, said five bids were opened on May 12, 2009. The low bid was
received from Odland Protective Coatings, Inc., of Rockford, Minnesota, in the amount of
$443,000. $512,000 was budgeted for this work The bid was a prevailing wage bid as required
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 2
by bid documents. References have been checked and they are excellent. The work will start on
July 6, 2009. Staff recommends Council's approval of the bid to the low bidder.
RECEIVED BIDS AND AWARDED CONTRACT FOR ELEVATED WATER TOWER
NO. 1 REHABILITATION PROJECT NO. 382 TO ODLAND PROTECTIVE
COATINGS, INC.
3. Claims (141596 —141805).
APPROVED.
4. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
5. Estimates.
APPROVED THE FOLLOWING ESTIMATES:
Shank Contractors, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Improvements
Proj ect No. 379
Estimate No. 5 ..................................................................................$ 88,484.40
Colt Construction Services, LLC
285 Forest Grove Drive, Suite 126
Pewaukee, WI 53072
85th Avenue Trail Project
Proj ect No. ST. 2007-4
Estimate No. 3 .................................................................................. $ 249,605.41
Ron Kassa Construction
6005 East 250th Street
Elko, MN 55020-9447
Miscellaneous Concrete Repair
Proj ect No. 3 84
EstimateNo. 1 .................................................................................. $ 4,780.00
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to approve the Consent Agenda as presented. 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 removing Items 7, 8, and 9.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
Councilmember Bolkcom thanked the Lions and others who volunteered to help paint the
Banfill-Locke Center this past week It looks great.
PUBLIC HEARINGS:
6. Consideration of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #09-01,
by Premier Central 65 Partners, to Seek Four Land Use Actions in Order to Allow for
the Redevelopment of Property, Generally Located at 7011 University Avenue N.E.)
(Ward 1)
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
7:40 P.M.
Scott Hickok, Community Development Director, said the petitioner is seeking four separate
land use actions from the City of Fridley.
1. A rezoning request from M-2 to R-3;
2. A plat request to split one large, 14-acre parcel into two parcels;
3. A special use permit request to allow for the construction of a 50,000 sq. ft.
medical clinic on the southern lot; and,
4. A special use permit request to allow the construction of a senior living facility on
the northern lot.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 4
Mr. Hickok said Premier Properties is proposing to construct a 4-story (over enclosed garage)
senior living complex. The proposed development will consist of 176 total residential dwelling
units for senior citizens. The clinic will be a 2-story, 50,000 square foot building, with a brick,
glass and stucco-like exterior. Parking for physicians will be provided in a parking lot west of
the proposed building, while patient parking will occur on the east side of the building. Joint
access will run through the center of the lot. This joint drive will also serve as access to the
City's fire training site and will replace the existing fire-training site access easement. A
replacement easement has been offered by the developer but must be formalized through use of
the appropriate descriptions, documentation and filing.
Mr. Hickok said that a rezoning is being requested from M-2, Heavy Industrial, to R-3, Multi-
Family. The proposed rezoning is being sought to allow for the redevelopment of the site. The
proposed medical clinic and senior proj ect meets several of the obj ectives that the residents of
Fridley identified in the visioning sessions for the 2030 Comprehensive Plan update. This
update is before the Met Council for approval at this time and staff expects to have the final
review before the City Council in June of 2009.
Mr. Hickok said only about 8% of Fridley's housing is of the townhome or condominium
structure type, yet 23% of Fridley's residents were over age 55 in 2000, and that percentage is
growing. To accommodate Fridley's senior citizens' desires to live in maintenance-free housing,
more types of senior housing need to be constructed. The R-3 classification chosen by the
petitioner is acceptable, since it is an expansion of a district that already exists (Woodcrest
Baptist Church) and it does not require extraordinary considerations. Both nursing and
convalescent homes and medical centers are permitted as special uses in an R-3, Residential
District. This request passes the test for a rezoning because it matches the Comprehensive Plan
vision for redevelopment and it does represent an expansion of the R-3, Multi-Family Residential
District.
Mr. Hickok said the proposed replat will create two lots. Since, the petitioner is seeking a
rezoning to R-3, Multi-Family, City staff has asked the petitioner to design their projects to meet
the CR-1 standards for the medical clinic and the R-3 standards for the senior development. The
petitioner is proposing to construct a 50,000 square foot medical clinic on Lot 2(southern lot).
A medical clinic of this size would require 300 parking stalls. The petitioner proposes to
construct 300 parking stalls on site. All other code requirements, including but not limited to,
setbacks and lot coverages are being met on this site.
Mr. Hickok said the petitioner is proposing to construct a 4-story senior building along the west
and north sides of Lot 1, with an attached 1-story nursing home along the east side of the lot.
City code requires that buildings in an R-3 zoning district not exceed 65 feet in height, when
measured from grade to the mid-span of the roof. The petitioner's plans currently show the
building at 60 feet to the peak, therefore meeting code requirements.
Mr. Hickok said recent soil borings done on the site discovered that there is a high water table in
the area where the senior building will be located. As a result, the petitioner may need to
increase the height of the building to compensate for the high water table. The petitioner has
expressed to staff that they are confident they will be able to comply with the maximum 65 foot
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 5
height limit. The proposed project is in compliance with lot coverage, parking and all setback
requirements.
Mr. Hickok said petitioner has not submitted a formal housing study. A memorandum from a
housing analyst has been submitted to this development group indicating that there is a demand
in the Fridley area for 240 beds (skilled nursing beds) of the nature proposed. They note that
over the next five years, the level of units demanded now will likely decrease due to other
competitive developments in the area that are now in some stage of planning or construction.
Mr. Hickok said the City's 2030 Comprehensive Plan indicates that in 2005, the portion of
University Avenue adjacent to the proposed Senior/Medical Facility project carried 34,000
vehicles per day. At this traffic level, it is carrying 3,000 less vehicles per day than its maximum
design capacity. Using the State's range of 31,000 to 37,000 vehicle trips per day, the roadway is
within specifications to function at a Level of Service (LOS) D. The 2030 Comprehensive Plan
anticipates that University Avenue will be carrying over 38,000 vehicles per day by the year
2030, and would be above its design capacity. This project brings the roadway and its
intersection at 69th Avenue and University Avenue closer to capacity, earlier than anticipated.
As a result, MnDOT was asked to comment on the perceived or real impacts of the development.
MnDOT's comments back to the City did not show any concerns related to the increase in
traffic. The combination of uses on this site will not cause the need for changes at intersections,
including signals.
Mr. Hickok said petitioner held a meeting with the neighborhood regarding this project on
Wednesday, April 29, 2009, at the Fridley Community Center. Approximately 50 people
attended the meeting and the comments and questions were very positive. A couple questions
were asked regarding the choice to place the clinic south and the residence north. The developer
indicated that both end users preferred the site plan as proposed. A resident inquired whether
truck traffic could be directed north, while cars continued to use the 69th Avenue intersection.
The answer to this question is something that cannot be controlled by the developer of this site,
but instead is a larger issue. The City's response would be that the roadways and intersections
were designed to handle both, and signs likely would not be observed.
Mr. Hickok said the Planning Commission held a public hearing for ZOA #09-01, PS #09-02,
SP #09-03 and SP #09-04 on May 6, 2009. After receiving public comment and having a brief
discussion, the Planning Commission unanimously recommended approval, with stipulations.
City Staff recommends concurrence with the Planning Commission.
Councilmember Bolkcom asked about the site plans and what the changes were because the
stipulations mention a different date; March verses May.
Mr. Hickok said that the one recommended is the most recent site plan and the one staff would
like to see implemented.
Councilmember Bolkcom commented that a lot of parking seemed to be in the area. She
encouraged staff to take a look at the parking and try to allow more area to green space. She also
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 6
asked if that much parking was necessary because not many residents from the senior community
would need parking.
Mr. Hickok said that since the original site plan was proposed there has been a revision and a
reduction has been made. More area will be added to green space which will soften the impact
and create a nicer entrance into the senior proj ect.
Councilmember Bolkcom noted if more parking is needed, it could be added later. She asked
for clarification regarding the truck traffic and if they were referring to truck traffic in general or
truck traffic related to this proj ect.
Mr. Hickok said that staff did not attend the neighborhood meeting but his understanding was it
related to truck traffic that currently exists.
Councilmember Bolkcom said in the past, businesses close to residential areas would ask
delivery trucks to go north before they go south. This is not a new request because it has been
done in the past.
Mayor Lund said that truck traffic seemed to be one of the biggest issues at the neighborhood
meeting. Many people at the neighborhood meeting suggested reversing the two buildings. He
asked Mr. Winkels to explain why it would not be possible to reverse the site plan.
Jim Winkels, Amcon Construction, said that is where the medical clinic prefers to be and they
also think it is better in terms of access and because that building will generate more traffic than
the senior project. They also think that sharing parking between the properties will work best
based on the current plan.
Frank Dunbar, Dunbar Development Corporation, said the truck traffic was monitored and the
office group indicated a preference for the south side. They also prefer the front yard to face the
sun, so the area would not be as icy and to have the housing further away from the activities of
the soccer fields. The truck traffic/noise issue was looked at after concerns arose from the
neighborhood meeting. The senior housing developers are aware they will have to do something
with the windows on the east side to block the industrial view and noise.
Mayor Lund voiced his concern regarding the industrial properties to the north. He asked what
assurances or guarantees were in place to address these issues once the building is constructed
and changes cannot be made. He said Council is responsive to complaints and if citizens
complain, how should the issues be addressed?
Mr. Dunbar said this issue has been stated with the public and they have been candid and
straight forward. The housing team will be investing $25.0 million in this project and would not
do anything that would reduce the marketability or to serve customers. If the site plan was
reversed, then Walker would not pursue building on the site.
Mayor Lund asked how much time was spent at the site monitoring the traffic and noise
situation.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 7
Mr. Dunbar answered about'/z hour time periods during the day and evening hours but not after
9:00 p.m. or before 7:00 a.m.
Councilmember Saefke asked what the name of the medical building was that was going to be
on site.
Mr. Winkels answered Multicare Associates. They were looking for alternatives for updated
facilities.
Mayor Lund said that the neighbors are in favor of this project but there is a concern about the
noise.
Mr. Winkels said that both entities involved with the development have spent time at the site
and believe this is the best way to develop the project.
Dean Suda, International Paper, said their company has no problem with the development but
are concerned with noise and trucks that come from their company. Industrial Paper is a 24-hour
operation and there are busy and slow times. Trains come through and blow their whistles at
3:00 a.m. or 5:00 a.m. or any time of day. He thinks the soccer field would create a more
pleasant view than the industrial area.
Mayor Lund commented the way the site plan is presented does allow more accessibility for
parking.
Councilmember Barnette said Industrial Paper has been very upfront about problems that may
arise and the contractors say they understand the noise and it will not be a problem. It would be
hard for the tenants to come back and say they were not aware it would be so noisy. The noise
issue has been addressed, accepted and is on record.
Mayor Lund said there is no guarantee that the noise issue will not come up once the facility is
up and running. If complaints arise, International Paper may be asked if they are doing
something different to cause more noise.
Mr. Suda said they just wanted to go on record about the noise issues.
Councilmember Bolkcom said people are aware of the noise issue and the facility is supposed
to do more sound proofing and special window treatments to reduce the noise.
Paul Gunderson, 412 Rick Creek Blvd., said that he lives three houses south of the ice arena
and he is 100% in favor of this project. This project will be good for the neighborhood and good
for the City of Fridley.
Councilmember Bolkcom asked for further explanation of the park dedication fees.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 8
Mr. Hickok said the normal procedure for park dedication is the City will ask for 10% of the
land or cash for park dedication fees. Jack Kirk said in this case it would be better to have
parking for the park and connections for walkways rather than the land or cash. Staff has
requested this be included in the site plan. The developers are interested in cooperating.
Councilmember Bolkcom asked if things did not get approved as is would anything other than
the stipulations need to be changed.
Mr. Hickok said if Council decided the land would be better than a parking lot exchange, it
would affect the site plan and may cause some problems.
Councilmember Bolkcom asked what the difference was between an R-3 and a development
district.
Mr. Hickok said that there would have been one less stipulation in a development district. The
rezoning and plats would still be needed and a master plan would still need to be approved by
Council.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT
8:29 P.M.
NEW BUSINESS
7. Preliminary Plat Request, PS #09-02, by Premier Central 65 Partners, to Allow the
Creation of Two Lots from One Lot, Generally Located at 7011 University Avenue N.E.
(Ward 1).
This item was removed from the Agenda.
8. Special Use Permit Request, SP #09-03, by Premier Central 65 Partners, to Allow the
Construction of a Medical Clinic on the South Half of the Subject Property Within an
R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E.
(Ward 1).
This item was removed from the Agenda.
9. Special Use Permit Request, SP #09-04, by Premier Central 65 Partners, to Allow the
Construction of an Independent Living, Memory Care and Nursing Home Facility on
the North Half of the Subject Property, Within an R-3, Multi-Family Zoning District,
Generally Located at 7011 University Avenue N.E. (Ward 1)
This item was removed from the Agenda.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 9
10. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special
Revenue Funds, and the Capital Improvement Fund for the Year Ended 2008.
Rick Pribyl, Finance Director, said the adjustments are the result of the completion of the annual
audit process for 2008. This housekeeping measure is similar to past year to eliminate any
negative budget variances within each fund type.
Mr. Pribyl said the bulk of the General Fund adjustments were due to the funding of increases in
"annual leave time" which is what others consider sick time/vacation time, and also sellback of
annual leave. GASB #45 requires the funding of any type of post employment benefit. Many of
the adjustments to the Special Revenue Funds are due to the uncertainty of these funds because
of their special activities. These types of funds are then budgeted at year-end instead of making
quarterly adjustments to each of the funds. The Capital Improvement adjustments were due to a
classification difference between the budget and the actual expenditure classification used to
purchase the asset.
Mayor Lund said towards the end of the year, after the City had planned and approved budgets,
the Governor took back allocations and money spent leaving the City no possibility to cut
budgets at that point. He asked what the LGA monies were for 2009.
Mr. Pribyl said that an increase was received of about $1.3 million, but now that has been cut.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2009- . Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
11. Informal Status Reports.
Councilmember Barnette said the Fridley Historical Society will have a walk down memory
lane "Fridley Transit: From the Early Days Forward" on Tuesday, May 19 at 7:00 p.m. at the
Fridley History Center. Everyone is invited to come and share comments and memories.
Councilmember Bolkcom asked about the signal on 85th and Springbrook Drive and if it would
be on the next meeting agenda.
Jim Kosluchar, Public Works Director, said that staff is working with Anoka County and it
should be on the next meeting agenda.
Councilmember Bolkcom noted that Baggan's Pub cancelled their meeting. She said she was
concerned and thought they should be meeting on a regular basis.
Rick Pribyl, Finance Director, said staff initiated the meeting and Mr. Bisek was on vacation.
Another meeting has been scheduled.
FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 10
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:50
P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
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Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 8, 2009
June 3, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Variance Request, VAR #09-01, HDR Engineering, Inc. for Minneapolis Water
Works
INTRODUCTION
Harold Voth, of HDR Engineering, Inc.,
who is representing Minneapolis Water
Works, is requesting a variance to reduce
the front yard setback for a Dewatering
Plant Improvement Project at the Water
Treatment Plant in Fridley at 4300 Marshall
Street. The variance being requested is to
reduce the setback from 35 ft. to 13 ft. to
allow the construction of two new water
clarifiers, in the location of an existing
sludge storage tank, which currently sits 13
ft. from the front yard property line.
APPEALS COMMISSION
RECOMMENDATION
At the May 27, 2009, Appeals Commission
meeting, a public hearing was held for
VAR #09-01. After a brief discussion, the
Appeals Commission recommended
approval of the front yard setback variance
request, with the stipulations presented by
staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Appeals Commission.
STIPULATIONS
1. The petitioner shall obtain any required permit prior to the start of construction.
2. Landscape plan shall be reviewed and approved by City staff prior to issuance of a
building permit.
3. Review of clear zone by County Engineer for East River Road is recommended.
City of Fridley Land Use Application
VAR #09-01 May 27, 2009
GENERAL INFORMATION
Applicant:
HDR Engineering Inc.
Harold Voth
701 Xenia Avenue South
Minneapolis MN 55416
Requested Action:
Variance reducing the front yard setback
Existing Zoning:
P (Public Facilities)
Location:
4300 Marshall Street
Size:
762,300 sq. ft. 17.5 acres
Existing Land Use:
Minneapolis Waterworks
Surrounding Land Use & Zoning:
N: Anoka Co. Park & P
E: East River Road & ROW
S:Minneapolis Emergency Management
Center & P
W: Mississippi River/ City Limits
Comprehensive Plan Conformance:
Use of property is consistent with plan
Zoning Ordinance Conformance:
Property is zoned P, Public though it is most
similarto an M-2, Heavy Industrial use.
Section 205.18.3.D.(1) requires a front yard
setback of thirty-five (35) feet.
Zoning History:
■ Property is an Auditor's Subdivision
platted in 1939.
■ 1971 — Dewatering Plant constructed.
■ 1994 — Two buildings constructed.
■ 2003 — Gatehouse constructed.
■ 2004 — Service building constructed.
■ 2008 — Chlorine building constructed.
Legal Description of Property:
Lots 31 thru 35 Auditor's Subdivision #39,
together with that part of Lot 36 Auditor's
Subdivision #39 lying westerly of CSAH No.
1(AKA East River Road) except road,
subiect to easement or record.
Public Utilities:
The building is connected.
Transportation:
43�d Avenue and Marshall Street provide
access to the property.
Physical Characteristics:
Lot consists of several building, parking
areas, and wooded areas.
SPECIAL INFORMATION
SU M MARY OF PROJECT
Mr. Voth, of HDR Engineering, Inc., who is
representing Minneapolis Waterworks, which is
located at 4300 Marshall Street, is requesting a
variance to reduce the front yard setback from
35 ft. to 13 ft. to allow the removal of an existing
sludge storage tank to be replaced with two
new clarifiers at the same set back location.
SUMMARY OF HARDSHIP
"The alternate site (for construction of the clarifiers)
is currently populated with a large stand of mature
oak trees. This grove of oak trees is one of the
signature characteristics of the Fridley Water
Treatment plant and is an integral component of the
wooded flora of the campus. Construction of new
clarifiers in this location would require the removal of
upwards of 30 of these trees, forever altering the
nature of this wooded area. "
- Harold Voth, HDR Engineering
SU M MARY OF ANALYSIS
City Staff recommends approval of the front
yard setback variance request.
■ A hardship exists - alternate location would
require removal of a large stand of mature
oak trees.
■ Request will recognize an existing non-
conformity.
■ Should not set a precedent for existing or
Existing Tank (Proposed Location of Clarifiers)
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — June 8, 2009
60 Day — June 22, 2009
Staff Report Prepared by: Stacy Stromberg
VAR #09-01
REQUEST
Harold Voth, of HDR Engineering, Inc.,
who is representing Minneapolis Water
Works, is requesting a variance to reduce
the front yard setback for a Dewatering
Plant Improvement Project at the Water
Treatment Plant in Fridley at 4300 Marshall
Street. The variance being requested is to
reduce the setback from 35 ft. to 13 ft. to
allow the construction of two new water
clarifiers, in the location of an existing
sludge storage tank, which currently sits 13
ft. from the front yard property line.
SITE DESCRIPTION/HISTORY � `� ` £
�
The subject property is located on the west ':. ��,
side of East River Road and is south of ; ` �' r
Interstate 694 and Riverfront Park, which is }' � !,
owned by Anoka County. It is zoned P, ' �' ,� t'
Public Facilities as are the properties north t �'
and south of the subject property. The ! t,
Mississippi River is west of the property ���
and industrially zoned land is across East � ' ' "
River Road to the east. The Dewatering
Facility was originally constructed by the City of Minneapolis in 1971. Several additional
buildings have been constructed on the site since then, with 3 buildings being
constructed over the last 6 years.
PROJECT DESCRIPTION — also
see attached report from the
petitioner
According to the petitioner,
"Water treatment at the Fridley
Water Treatment Plant includes a
step in which hardness is
removed from the water though a
lime-softening process. This
process generates large
quantities of dilute lime sludge
that must be dewatered prior to
its removal from the site. This
dewatering process takes place in
an existing building that consists
of two clarifiers to thicken the
sludge. The thickened sludge is
then fed to the centrifuges, which
extract additional water to the
point that the sludge can be trucked from the site. It is then applied to farm fields as an
agricultural soil amendment. The existing facility was built in 1971 and much of the
original equipment is nearing the end of its useful life. This project will include an
addition to the existing building for the installation of new sludge dewatering equipment.
It will a/so include construction of two new clari�ers to provide increased capacity to
meet increasing water demand. The proposed location of the new clarifiers is adjacent
to the existing clarifiers between the building and East River Road. Construction of the
clarifiers in this location will require a setback from the property line of 13 ft., which is
less than the 35 ft. required by the zoning ordinance."
CODE REQUIREMENTS
City Code requires that properties zoned P, Public Facilities; follow the lot requirement
and setback requirements that are comparable to other similar uses that are allowed in
other districts. The Minneapolis Water Works facilities use would most closely be
related to an industrial use. As a result, staff has determined that the site should use the
M-2, Heavy Industrial standards for lot and setback requirements. The M-2 zoning
district requires a 35 ft. front yard setback. The existing sludge storage tank is 13 ft.
from the front yard property line, which is deficient in meeting the front yard setback
requirements. The petitioner plans to remove the existing sludge storage tank and
construct two new clarifiers in the same location, 13 ft. from the front yard property line.
The petitioner notes that there
are two viable locations for the
construction of the new
clarifiers. The first of which is
the proposed location
connected to the east of the
existing dewatering building
and the second location is
north of the existing dewatering
building.
The petitioner has articulated in
his hardship statement that the
second location wouldn't
require a variance; however it
wouldn't be an optimal choice
for them. This location is
currently populated with a large
stand of mature oak trees.
According to the petitioner -
"This grove of oak trees is one
of the signature characteristics
of the Fridley Water Treatment
plant and is an integral
component of the wooded flora
of the campus. Construction of
the new clarifiers in this location would require the removal of upwards of 30 mature oak
trees, forever altering the nature of this wooded area."
As a result, the petitioner is seeking a variance to reduce the front yard setback from 35
ft. to 13 ft. to allow the construction of two new clarifiers in the same location of the
existing sludge storage tank.
The petitioner has also explained in his narrative that the Minneapolis Water Works is
committed to continue their dedication to maintain and expand the unique architectural
theme that has defined the campus for over 80 years. As a result, the construction of
the new clarifiers would have the appearance of two round towers complete with brick
facing and clay tile roofs. A copy of the proposed elevations is in your packet for review.
SUMMARY OF HARDSHIP
"The alternate site (for construction of the clarifiers) is currently populated with a large
stand of mature oak trees. This grove of oak trees is one of the signature characteristics
of the Fridley Water Treatment plant and is an integral component of the wooded flora of
the campus. Construction of new clarifiers in this location would require the removal of
upwards of 30 of these trees, forever altering the nature of this wooded area."
- Harold Voth, HDR Engineering
RECOMMENDATION
City Staff recommends approval of the front yard setback variance request.
• A hardship exists - alternate location would require removal of a large stand of
mature oak trees.
• Request will recognize an existing non-conformity.
• Should not set a precedent for existing or future properties.
STIPULATIONS
Staff recommends if the variance is approved, the following stipulations be attached.
1. The petitioner shall obtain any required permit prior to the start of construction.
2. Landscape plan shall be reviewed and approved by City staff prior to issuance of
a building permit.
3. Review of clear zone by County Engineer for East River Road is recommended.
CITY OF FRIDLEY
APPEALS COMMISSION
May 27, 2009
CALL TO ORDER:
Vice Chairperson Jones called the regular meeting of the Appeals Commission to order at
7:05 p.m.
ROLL CALL:
MEMBERS PRESENT: Blaine Jones, Matthew Brown, Del Jenkins, and Christopher
Anderson
MEMBERS ABSENT: Brad Sielaff
OTHERS PRESENT: Stacy Stromberg, City Planner
Harold Voth, HDR Engineering Inc.
APPROVAL OF MINUTES: December 10, 2008
MOTION by Commissioner Jenkins, seconded by Commissioner Brown, to approve the minutes
as presented.
UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON JONES
DECLARED THE MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
Consideration of public hearing notice for a variance, VAR 09-01, bv Harold Voth,
HDR Engineering, Inc,. on behalf of Minneapolis Water Works to seek a variance to
reduce the front vard setback from 35 feet to 13 feet, to allow the construction of a
Dewaterin� Plant Improvement Proiect, �enerallv located at 4300 Marshall Street
NE.
MOTION by Commissioner Jenkins, seconded by Commissioner Anderson, to open the public
hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON
JONES DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED
AT 7:08 P.M.
Stacy Stromberg, City Planner, stated Harold Voth, of HDR Engineering, Inc., who is
representing Minneapolis Water Works, is requesting a variance to reduce the front yard setback
for a Dewatering Plant Improvement Project at the Water Treatment Plant in Fridley at 4300
Marshall Street. The variance being requested is to reduce the setback from 35 feet to 13 feet to
allow the construction of two new water clarifiers, in the location of an existing sludge storage
tank, which currently sits 13 feet from the front yard property line.
Ms. Stromberg stated the subject property is located on the west side of East River Road and is
south of Interstate 694 and Riverfront Park, which is owned by Anoka County. It is zoned P,
Public Facilities as are the properties north and south of the subject property. The Mississippi
River is west of the property and industrially zoned land is across East River Road to the east.
The Dewatering Facility was originally constructed by the City of Minneapolis in 1971. Several
additional buildings have been constructed on the site since then, with three buildings being
constructed over the last six years.
Ms. Stromberg stated the existing facility was built in 1971 and much of the original equipment
is nearing the end of its useful life. This project will include an addition to the existing building
for the installation of new sludge dewatering equipment. It will also include construction of two
new clarifiers to provide increased capacity to meet increasing water demand. The proposed
location of the new clarifiers is adjacent to the existing clarifiers between the building and East
River Road. Construction of the clarifiers in this location will require a setback from the property
line of 13 feet, which is less than the 35 feet required by the zoning ordinance.
Ms. Stromberg stated City Code requires that properties zoned P, Public Facilities; follow the lot
requirement and setback requirements that are comparable to other similar uses that are allowed
in other districts. The Minneapolis Water Works facility's use would most closely be related to
an industrial use. As a result, staff has determined that the site should use the M-2, Heavy
Industrial standards for lot and setback requirements. The M-2 zoning district requires a 35-feet
front yard setback. The existing sludge storage tank is 13 feet from the front yard property line,
which is deficient in meeting the front yard setback requirements. The petitioner plans to remove
the existing sludge storage tank and construct two new clarifiers in the same location, 13 feet
from the front yard property line.
Ms. Stromberg stated the petitioner notes that there are two viable locations for the construction
of the new clarifiers. The first of which is the proposed location connected to the east of the
existing dewatering building and the second location is north of the existing dewatering building.
Ms. Stromberg stated the petitioner has articulated in his hardship statement that the second
location would not require a variance; however it would not be an optimal choice for them. This
location is currently populated with a large stand of mature oak trees. The petition states in his
statement, "This grove of oak trees is one of the signature characteristics of the Fridley Water
Treatment plant and is an integral component of the wooded flora of the campus. Construction of
the new clarifiers in this location would require the removal of upwards of 30 mature oak trees,
forever altering the nature of this wooded area."
Ms. Stromberg stated as a result, the petitioner is seeking a variance to reduce the front yard
setback from 35 feet to 13 feet to allow the construction of two new clarifiers in the same location
of the e�sting sludge storage tank.
Ms. Stromberg stated the petitioner has also explained in his narrative that the Minneapolis
Water Works is committed to continue their dedication to maintain and expand the unique
architectural theme that has defined the campus for over 80 years. As a result, the construction of
the new clarifiers would have the appearance of two round towers complete with brick facing and
clay tile roofs. A copy of the proposed elevations is in your packet for review.
Ms. Stromberg stated the following is the petitioner's summary of hardship: "The alternate site
(for construction of the clarifiers) is currently populated with a large stand of mature oak trees.
This grove of oak trees is one of the signature characteristics of the Fridley Water Treatment plant
and is an integral component of the wooded flora of the campus. Construction of new clarifiers in
this location would require the removal of upwards of 30 of these trees, forever altering the nature
of this wooded area."
2
Ms. Stromberg stated City Staff recommends approval of the front yard setback variance request
because of the following:
• A hardship exists - alternate location would require removal of a large stand of
mature oak trees.
• Request will recognize an existing non-conformity.
• Should not set a precedent for existing or future properties.
Ms. Stromberg stated staff recommends if the variance is approved, the following stipulations be
attached.
1. The petitioner shall obtain any required permit prior to the start of construction.
2. Landscape plan shall be reviewed and approved by City staff prior to issuance of
a building permit.
3. Review of clear zone by County Engineer for East River Road is recommended.
Vice Chairperson Jones asked about the last stipulation, review of clear zone, what does that
mean?
Ms. Stromberg replied our City Engineer wanted to make sure the County Engineer is okay with
the setback of the clarifiers at 13 feet from the properiy line as far as safety goes, for example, to
prevent any car accidents. This is just to make sure there is enough clear zone between the road
and where the new building is going to be situated.
Vice Chairperson Jones asked, as he recalls this is not a sight line issue or anything is it?
Ms. Stromberg replied, no.
Vice Chairperson Jones asked Mr. Voth if there is anything he would like to add to the staff
report?
Harold Voth, HDR Engineering Inc., replied, he would like to add that they accept the
stipulations and think they are very workable. He has in fact spoken with the Anoka County
Highway Department regarding setbacks, etc., and their response was that from their perspective
there is not an issue before them. So as long as they satisfy the City of Fridley requirements,
Anoka County would not have issues with that location.
Commissioner Anderson asked if this is the last phase of the construction on this site?
Mr. Voth replied, there may be additional improvements on the site in the future. This is the
extent of the expansion of this facility in this location. It is anticipated that these will meet the
process needs for this particular area for the foreseeable future.
MOTION by Commissioner Brown, seconded by Commissioner Jenkins, to close the public
hearing.
UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON
JONES DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED
AT 7:18 P.M.
Commissioner Anderson stated he did not have any problem approving this variance request.
He thinks it will look better when it is done and the overall nature of the area is mainly industrial.
Commissioner Brown stated the request sounded good to him.
Commissioner Jenkins stated he agreed with Commissioner Anderson.
Vice Chairperson Jones stated he concurs. He thinks first of all it recognizes an existing non-
conformity which is already there. Aesthetically it is going to be a big improvement, and also the
function of it is going to meet the needs of the City of Minneapolis for a long period of time.
Also, the trees get to stay. He does not really see any downside.
MOTION by Commissioner Jenkins to approve a variance, VAR 09-01, by Harold Voth, HDR
Engineering, Inc., on behalf of Minneapolis Water Works to seek a variance to reduce the front
yard setback from 35 feet to 13 feet, to allow the construction of a Dewatering Plant
Improvement Project, generally located at 4300 Marshall Street NE, with the following
stipulations:
1. The petitioner shall obtain any required permit prior to the start of construction.
2. Landscape plan shall be reviewed and approved by City staff prior to issuance of
a building permit.
3. Review of clear zone by County Engineer for East River Road is recommended.
Seconded by Commissioner Anderson.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON JONES DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Vice Chairperson Jones stated this will go to the City Council meeting on June 8, 2009.
2. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS
Ms. Stromberg stated the City recently received a request for redevelopment of the Columbia
Arena. The request went before the Planning Commission three weeks ago for a senior living
facility and a medical office building. They already had their public hearing before the City
Council. Now it will go before the City Council on June 8, 2009 for the first reading of the
rezoning, and then it will go before the City Council again on June 22, 2009 for the second
reading of the rezoning with the preliminary plat and two special use permits.
3. OTHER BUSINESS
ADJOURNMENT:
MOTION by Commissioner Brown, seconded by Commissioner Jenkins, to adjourn.
UPON UANANIMOUS VOICE VOTE, ACTING CHAIRPERSON JONES DECLARED
THE MEETING ADJOURNED AT 7:23 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
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CffY OF
FRIaLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 8, 2009
June 1, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Variance Extension Request, VAR #08-02, John and Caroline Krack
INTRODUCTION
On June 11, 2008, the Appeals Commission unanimously approved variance request, VAR #08-
02 to reduce the rear yard setback from 25 feet to 18 ft. 9 in. to allow the construction of a 20
foot by 23 foot living addition off the back of the home of John and Caroline Krack. The
petitioner's home is located at 7629 Lakeside Road.
After receiving approval of the variance last summer, the petitioner put the project on hold, but
would now like to reactivate it and hope to begin construction this summer. As a result, the
petitioner's would like to request a one-year extension.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of a one-year extension for the construction of the petitioner's
addition until June 11, 2010.
15 May 2009
Gity of Fridley
Planning Department
6431 University Ave. NE
Fridley, MN 55432
Attn: Stacy Stromberg
RE: Variance #08-02
Dear Stacy:
As we discussed, I am requesting a 1-year e�ensian �n Variance #08-02, issued June 11,
2008, allowing reduction �f the rear-yard setback for construction �f an addition. We put
the project on hold last year, but have now reactivated it, and are haping to begin
construction somefiime this sumrner.
Please advise if you need any additional infarmation, and let me know if I should appear
at a City Council meeting to answer any questions. Thank you for your help.
Cor ially,
1. ��
� �
; �,.
�,
,
�John L. Krack
7629 Lakeside Rd. NE
Fridley, MN 55432
763-786-5876
krackj@gmail.com
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CffY OF
FRIaLEI'
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 8, 2009
Date: June 4, 2009
To:
From:
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Harris, Environmental Planner
An agreement for approval of the 2009 SCORE Grant for the recycling program
BACKGROUND
We have received the 2009 Anoka County Residential Recycling Agreement. This agreement allows us
to receive up to $ 65,970.00 in state SCORE funds from Anoka County to subsidize the cost of our 2009
residential recycling expenses.
This year's SCORE grant allocates a base of $10,000 and $ 5.00 per household for each municipality. The
amount represents a funding decrease of 4 cents per household or $ 346.961ess than the 2008 amount of $
66,316.96. As household numbers in all Anoka County municipalities fluctuate, so does the "per
household" amount.
Staff has reviewed the 2009 agreement attached and finds no noticeable language changes from previous
agreements.
RECOMMENDATION
Staff recommends that the City Council approve the attached Anoka County Contract # 2008-0309 at its June
8, 2009 meeting. Staff further recommends that the City Manager be authorized to execute the contract.
« .
��
, �� � .
CITY COUNCIL MEETING OF JUNE 8, 2009
TO: William W. E3urns, City Manager
FR(�M: James �'. Kosluchar, Public Warlcs Director
Layne R. Otteson, Assistant Public Worics Director
DATE: June 8, 2009
SiJBJECT: 85`�' Avenue Trail �'roject ST2007-4 - Change Order #1
PW09-035
Attached is Change Order No. 1 for the 85`" Avenue Trail Pr�ject No. ST. 2007-4. This change order includes
additional worlc outside of the original contract. The amount of this change order is $5,125.00.
The first item is a one day lane closure on 85`�' Avenue across the railraad tracks. Burlingtan Northern Railroad
Company installed concrete panels across the railroad tracks. The concrete panels provide pedestrian passage
across the tracks which meet current Federal requirements of the Americans with Disabilities Act. The
Railroad requires the lacal agency to provide the trafiic cantrol when they perform worlc at the request of the
local agency. The cost of this work is $385.00.
The second item is for additional erosion control along the trail. The soils adjacent tc� wetlands were found to be
more susceptible to erosion than was expected. The cost af this work is $4,740.00.
Recommend the City Council approve Change Order #1 to Colt Construction in the amourit of
$5,125.00. The revised contract amount is now increased by $5,125.00 to $ 777,378.70.
LRO
Attachments
21
Page 1 of 1
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRID�EY, MN 55432
Colt Construction Services, LLC
285 Forest Grove Dr. Ste #126
Pewaukee, WI 53072
SUBJECT: Change Order No. 1— 85th Avenue Trail Project No. ST2007-4
Gentlemen:
June 8, 2008
You are hereby ordered, authorized, and instructed to modify your contract for the 85th Avenue Trail Project No.
ST2008-3 by adding the following work:
Item No. Item Description Cost
1 Provide one day lane closure on 85th Avenue for concrete panel installation $385.00
by Buriington Northern.
2 Furnish and install 1,580 lineal feet of filter log straw type bioroll. $4,740.00
Totai $5,125.00
Submitted and approved by James Kosluchar, Direct�r of Public Works, on the 8th day of June, 2009.
P. Kosluchar, Director of Public Works
Approved and accepted this�'�day of���C� , 2009 by
�.�� ��
It Construction Services, LLC.
Approved and accepted this�day of , 2009 by
CITY OF FRIDLEY
Scott J. Lund, Mayor
22
Wiiliam W. Burns, City Manager
�
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iJTY dF
FRIaLE'f
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
June 8, 2009
William W. Burns, City Manager
John Berg, Fire Chief
June 1, 2009
Resolution Authorizing Adoption and Execution of Minnesota Department of
Natural Resources Division of Forestry Cooperative Fire Protection Agreement
The City of Fridley Fire Department and the Minnesota Department of Natural Resources rely on
mutual aid when there are not sufficient personnel and/or equipment to control or extinguish
wildland fires and structure fires related to wildland fires or deal with an emergency situation.
The Minnesota Department of Natural Resources has written a resolution, or agreement, outlining
conditions for fire departments located within the State of Minnesota to provide or receive resources
to each other. This resolution has been reviewed and approved by the Anoka County Fire Protection
Council.
This agreement is especially important to the City of Fridley because the fire department no longer
provides motorized equipment for the purpose of fighting wildland or grass fires. The Minnesota
Department of Natural Resources has recourses including grass trucks, aircraft and trained
personnel for the purpose of fighting wildland fires that may occur in areas that are otherwise
inaccessible in the City of Fridley.
Staff is recommending adoption of a resolution authorizing a Mutual Aid Agreement for the use of
fire department personnel and equipment between the City of Fridley and the Minnesota
Department of Natural Resources.
RESOLUTION NO. 2009 -
A RESOLUTION AUTHORIZING ADOPTION AND EXECUTION OF A MUTUAL AID
AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL
RESOURCES AND THE CITY OF FRIDLEY FIRE DEPARTMENT
WHEREAS, the City of Fridley Fire Department and the Minnesota Department of Natural
Resources rely on mutual aid when there are not sufficient personnel and/or equipment to control or
extinguish wildland fires and structure fires related to wildland fires or deal with an emergency
situation; and.
WHEREAS, the Minnesota Department of Natural Resources has written an agreement outlining
conditions for fire departments located within the State of Minnesota to provide or receive resources
to each other; and
WHEREAS, this agreement, as shown in Exhibit 1, has been reviewed and approved by the Anoka
County Fire Protection Council; and
WHEREAS, this agreement is especially important to the City of Fridley because the fire
department no longer provides motorized equipment for the purpose of fighting wildland or grass
fires; and
WHEREAS, the Minnesota Department of Natural Resources has recourses including grass trucks,
aircraft and trained personnel for the purpose of fighting wildland fires that may occur in areas that
are otherwise inaccessible in the City of Fridley.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
approves the Minnesota Department of Natural Resources Division of Forestry and the City of
Fridley Fire Department Anoka County Cooperative Fire Protection Agreement and hereby
authorizes the City Manager and the Fire Chief to execute said agreement.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Resolution No. 2009-_ Page 2
Exhibit 1
Minnesota Department of Natural Resources
Division of Forestry and the City of Fridley Fire Department
Anoka County Cooperative Fire Protection Agreement
THIS COOPERATNE FIRE PROTECTION AGREEMENT, is made and entered into by and
between the State of Minnesota acting by and through the Commissioner of the Department of
Natural Resources, hereinafter referred to as the "DNR" and the City of Fridley Fire Department,
hereinafter referred to as the "Fire Department," as authorized by M. S. 84.025.
L PURPOSE
The purpose of this Cooperative Fire Protection Agreement is to cooperate in the prevention and
suppression of wildland fires as authorized under M.S. 88.04. Assistance will only be provided
when requested, when resources are available, and can be committed without diminishing either
party's ability to protect its own jurisdiction.
IL STATEMENT OF MUTUAL BENEFITS AND INTERESTS
The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland
fire within the state. The Fire Department is responsible to prevent and extinguish all unwanted
fires within its fire protection area.
It is mutually advantageous and in the public's interest for the parties to this instrument to
coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland
fires and to cooperate in fire hazard reduction in and adj acent to areas of mutual responsibility.
IIL THE FIRE DEPARTMENT SHALL:
1. Provide fully staffed and equipped fire fighting resources, when available for wildland
fire suppression, as listed on the attached rate schedule.
2. Indemnify, save and hold the State, its representatives and employees, harmless from any
and all claims or causes of action, including all attorneys' fees incurred by the State,
arising from the performance of this Agreement by the Fire Department or Fire
Department's employees, agents or subcontractors. This clause shall not be construed to
bar any legal remedies the Fire Department may have for the State's failure to fulfill its
obligations pursuant to this Agreement.
3. Assume full responsibility, including legally required insurance and Workers'
Compensation for all Fire Department personnel provided under this agreement.
4. Respond to all calls for wildland fires within the Fire Department's fire protection area
when requested by the DNR.
5. Respond to additional wildland fire calls outside the Fire Department's fire protection
area at the request of the DNR and at the discretion of the Fire Chief.
6. Submit a report to the DNR within 24 hours of any wildland fire on which the Fire
Department takes independent action. Reporting can be in the form a DNR Fire Report
Card, fax, e-mail, fire report form, DNR wildland fire invoice form, or other written
communication that provides the same information as the Fire Report Card.
} �>>
NA-01966-04
3-1-2008
7. Submit an invoice to the DNR within 30 days of an incident for which the fire department
is requesting reimbursement. Invoices beyond 30 days may not be honored.
8. Stay with all wildland fires until out, or released by a DNR incident commander, or until
called to another incident within the Fire Department's protection area, provided the
wildland fire is considered safely contained.
9. Be committed to protection of lives and buildings as its first consideration.
10. Through the Fire Department officers, determine its capabilities and assume final
decision authority on commitment of its vehicles and personnel into any area of operation
that is requested by DNR personnel.
11. Furnish all tools, equipment, supplies, fuels, and lubricants, except for those items
furnished by the DNR, as stated in this Agreement.
12. Assist the DNR with distribution of fire prevention materials and wildland fire prevention
presentations.
Bill the DNR for wildland fire suppression at the agreed upon rate for fires that require more
than two hours to suppress and/or DNR Forestry requests additional resources. When DNR
Forestry, requests additional resources beyond the first 2 hours, hourly rates for specific
requested equipment, as described in the attached Rate Schedule, will apply. Invoices must
be submitted within thirty (30) days of the fire(s).
IV. THE DNR SHALL:
1. Respond with specialized equipment for wildfire response, when possible, at the request
of the Fire Chief or designate. This equipment includes, but is not limited to dozers, all
terrain tracked vehicles, engines and aircraft.
2. Investigate violations of the burning laws of the State. (M S. 88.01 to 88.22 and 88.75)
This includes billing the responsible party for all wildland fire suppression costs of the
DNR, and the Fire Department if the DNR pays the Fire Department for responding to
the fire.
3. Assist the Fire Department in obtaining Federal Excess Property, specialized equipment,
or grants for improving their firefighting capabilities.
4. Assist the Fire Department with procuring and distributing fire prevention materials.
5. Provide wildland fire suppression training to the Fire Department as workload permits.
6. Reimburse the Fire Department for wildland fire suppression, according to the terms of
this agreement.
7. Make reasonable effort to release the Fire Department as soon as possible to ensure that
the Fire Department is available for other emergency response calls.
(Delete options that are not used.)
8. (Optional) May replace or reimburse the Fire Department for the cost of Class A
firefighting foam used on wildland fires, with final approval of the DNR Forester.
9. (Optional) Loan wildland firefighting tools, as available, to the Fire Department.
V. REIMBURSEMENT POLICIES:
1. Lower rates may be negotiated for extended use at the Fire Department's discretion.
} �>>
NA-01966-04
3-1-2008
2. When the Fire Department is dispatched through its normal dispatch procedures, and not
specifically requested by the DNR, the Fire Department shall only bill for wildland fire
suppression lasting more than two (2) hours. For billable fire, lasting more than two
hours, the fire department will be compensated at a flat rate of $350.00 for the first two
hours beginning at the initial response time.
3. For hourly billing of equipment requested by DNR Forestry, time will be rounded to the
nearest half hour. Billable time should begin when the Fire Department leaves its station
and continue until it returns to its station. Time spent refurbishing and readying
equipment for the next call shall not be included as billable time.
4. The fire chief and local DNR forester may discuss charges that are in question prior to
submitting a final invoice for payment.
5. If the Fire Department is released by the DNR before the Fire Department has taken any
suppression action on the fire, the Fire Department shall not submit a bill.
6. Attached rates shall be reviewed annually and may be changed with signature of the
parties to this Agreement, or their successors in position.
This Agreement is effective on the date of the last signature and is to continue in force for five
(5) years or until terminated by either party giving thirty (30) days written notice to the other.
Both parties should review this Agreement annually.
Fire Department:
/s/
Title:
State of Minnesota
Department of Natural Resources:
/s/
Area Forester
/s/
Regional Forest Manager (if required)
Date:
Date:
Date:
} �>>
NA-01966-04
3-1-2008
2009
Suggested Rates for Minnesota Fire Department Equipment & Personnel Under
Agreement with the Minnesota Department of Natural Resources, Division of Forestry
��• •� 1•� � � '
T e of E ui ment # of Crew Members E ui ment Rate/Hour
lst 2 hrs as noted in as needed $350 /2 hours
a reement
En ine T e 1 4 $300
En ine T e 2 3 $200
En ine T e 3 3 $150
En ine T e 4 3 $150
En ine T e 5 3 $125
En ine T e 6 2 $100
En ine T e 7 2 $80
Water Tender T e 1 2 $200
Water Tender T e 2 2 $175
Water Tender T e 3 2 $150
Water Tender T e 4 2 $100
Fire Fi hters 1 $15
Fuel furnished by Fire Department. Federal Excess Property vehicles should be charged at a rate between'/2
to 3/4 of the rate, depending on addirional equipment and capabilities.
Departure from the above rates requires Regional Forest Manager approval.
� � � � � •
Com onents 1 2 3 4 5 6 7
Pump Capacity (GPM) 1000+ 250+ 150 50 50 30 10
at rated ressure si 150 150 250 100 100 100 100
Tank Capacity (Gal.) 400+ 400+ 500+ 750+ 400- 150- 50-
750 400 200
Hose, 2'/z" feet 1200 1000 - - - - -
Hose, 1'/z" feet 400 500 500 300 300 300 -
*Hose, 1" feet - - 500 300 300 300 200
Ladder feet 48' 48' - - - - -
Heav Stream GPM 500 - - - - - -
Personnel minimum # 4 3 2 2 2 2 2
�. � . �-
Pum , GPM 300 200 200 --
Tank Ca ./ Gallons 5000+ 2500+ 1000+ <1000
Personnel minimum # 2 2 2 2
} �>>
NA-01966-04
3-1-2008
* Not necessary to meet minimum requirement for 1" hose, unless contracting to go outside of
home area, as a wildland engine on a wildland incident or assignment where National Wildfire
Coordinating Group (NWCG) standards are required.
*Standby rates shall be equal to'/z of the work rate, and shall apply only if equipment and
personnel are ordered by the DNR to be staged and available for immediate action.
The above rates have been agreed upon by:
Fire Department
/s/
Area Forester
/S/
Fire Chief
/S/
Regional Forest Manager (if required)
Rate Schedule Instructions:
Date:
Date:
Date:
DNR Area
L In Anoka Countv, fire departments a�reed that onlv fires lastin� over 2 hours shall
be billable. The first 2 hours on a billable fire would be at the $350 rate. After that
time, with DNR Forestrv's approval, the per piece of equipment per hour rates
would applv. On DNR administered lands, bills mav be submitted from the time of
initial response.
�
�
iJTY dF
FRIaLE'f
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
June 8, 2009
William W. Burns, City Manager
John Berg, Fire Chief
June 1, 2009
Resolution Authorizing Adoption of Anoka County Mutual Aid Agreement
The City of Fridley Fire Department and other municipal and private fire departments within Anoka
County rely on mutual aid when there are not sufficient personnel and/or equipment to control or
extinguish a fire or to deal with an emergency situation.
The Anoka County Fire Protection Council has written a resolution, or agreement, outlining
conditions for fire departments located within Anoka County to provide or receive resources to each
other. This resolution has been reviewed and approved by the Anoka County Attorney.
Staff is recommending adoption of a resolution authorizing a Mutual Aid Agreement for the use of
fire department personnel and equipment between the City of Fridley and other municipal and
private fire departments located within Anoka County.
Page 2
RESOLUTION NO. 2009 -
A RESOLUTION AUTHORIZING ADOPTION OF ANOKA COUNTY
MUTUAL AID AGREEMENT
WHEREAS, the City of Fridley Fire Department and other municipal and private fire departments
within Anoka County rely on mutual aid when there are not sufficient personnel and/or equipment
to control or extinguish a fire or to deal with an emergency situation; and
WHEREAS, the Anoka County Fire Protection Council has written a mutual aid agreement,
outlining conditions for fire departments located within Anoka County to provide or receive
resources to each other; and
Whereas, this mutual aid agreement, as shown in Exhibit 1, has been reviewed and approved by the
Anoka County Attorney.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, that the City of
Fridley hereby approves the Mutual Aid Agreement for the Use of Fire Department Personnel and
Equipment between Municipalities in Anoka County and hereby authorizes the Mayor to execute
said agreement.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gTx
DAY OF JUNE 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Resolution No. 2009-
Page 3
Exhibit 1
MUTUAL AID AGREEMENT FOR THE USE OF FIRE DEPARTMENT PERSONNEL
AND EQUIPMENT BETWEEN MUNICIPALITIES IN ANOKA COUNTY
THIS AGREEMENT is made and entered into this day of , 2009, by
and between the municipalities that have adopted a resolution as provided for in Section IX
herein and have become signatories to this agreement or counterparts to this agreement.
WHEREAS, the municipalities that have entered into this agreement desire to make available to
each other its respective fire service equipment and personnel to assist other parties to this
agreement when it has been determined that a municipality does not have sufficient personnel
and/or equipment to control or extinguish a fire or to deal with an emergency situation.
THEREFORE, it is mutually stipulated and agreed to as follows:
L PARTIES TO AGREEMENT
Any municipality within Anoka County with a fire department or that contracts with a private
fire department is eligible to be a party to this agreement by adopting a resolution as provided for
in Section IX herein and becoming a signatory to this agreement. A municipality or private fire
department that becomes a party to this agreement is hereinafter referred to as municipality or
collectively municipalities.
IL PURPOSE
Subject to the terms and conditions contained herein, the municipalities have agreed to provide
mutual aid to each other in cases where the designated official has determined that the
municipality has insufficient personnel and/or equipment to control or extinguish a fire or fires or
to deal with an emergency situation.
IIL DESIGNATED OFFICIAL
Pursuant to Minn. Stat. 12.27, subd. 3, the undersigned municipality hereby designates its fire
chief, or designee of the fire chief, as the officer who may dispatch equipment and personnel as
considered necessary to deal with fire, hazard, casualty or other similar occurrence outside the
municipality and by its suddenness would be impractical for the governing body itself to
authorize the dispatch.
IV. METHOD
a. If in the judgment of the designated official the municipality has insufficient fire
personnel and/or equipment to deal with a fire, hazard, casualty or other similar occurrence, an
emergency shall exist for the purpose of this agreement, and the designated official may call
upon the fire department of any party to this agreement for assistance.
Resolution No. 2009-_ Page 4
b. Upon receipt of a call for assistance, the responding designated officer shall
promptly dispatch at least one fire service apparatus with the usual number of personnel to assist
with the emergency or to render stand-by service as the case may be; provided however, that no
municipality shall be obligated to send its fire service equipment or personnel beyond its
boundaries if, in the judgment of the municipality's designated officer, to do so would leave the
municipality without sufficient fire service equipment or personnel available within its limits for
service of any fire which might subsequently arise. In extreme emergencies, the municipalities
agree to make every effort to redistribute fire service equipment and personnel so that it may be
available for any additional needs which might arise during the emergency.
c. The personnel and any fire or service equipment dispatched in response to the
emergency shall upon arrival at the scene be under command of the officer in charge at the scene
within whose boundaries the emergency is situated.
V. INSURANCE
Each of the municipalities that are a party to this agreement shall maintain insurance policies
covering their own equipment and personnel while engaged in furnishing services under this
agreement.
VL PERSONNEL
All personnel responding to an emergency under this agreement shall for all purposes remain and
be considered employees of the municipality where they serve and shall not be considered
employees of the municipality requesting emergency service.
VIL LIABILITY
No municipality, nor any officer or employee of such municipality, shall be liable to any other
municipality or to any other person on account of the failure of the municipality to furnish its fire
service equipment or personnel in response to an emergency.
No liability shall be incurred by a municipality that has summoned assistance under this
agreement for damage to, or destruction of fire service equipment of a municipality rendering
such assistance unless such damage or destruction was caused by the negligent or malicious
conduct of an officer or employee of the municipality that called for the emergency assistance.
The receiving municipality may, but is not required to, reimburse the responding municipality
for equipment and supplies used and compensation paid to personnel furnished during the time
when the rendition of assistance prevents them from performing their duties in the responding
municipality, and for the actual travel and maintenance expenses of the personnel while so
engaged. A claim for loss, damage or expense in using equipment or supplies or for additional
expenses incurred in operating or maintaining them must not be allowed unless, within 90 days
after the loss, damage or expense is sustained or incurred, an itemized notice of it, verified by the
designated official, is filed with the designated official of the receiving municipality.
Resolution No. 2009-
VIIL TERM
Page 5
This agreement shall commence upon the approval and execution of the agreement by two or
more municipalities as provided herein. Any municipality may withdraw from this agreement by
giving thirty days' written notice thereof to the other municipalities that are then a party to this
agreement. This agreement shall continue until such time as there is only one municipality
remaining to the agreement, or upon mutual agreement of all municipalities then being a party to
this agreement.
IX. APPROVAL AND EXECUTION
To become a party to this agreement a municipality shall adopt a resolution authorizing the
municipality to respond to emergencies outside its limits, and have its governing body approve
this agreement and the appropriate authorized officials from the municipality execute the
agreement.
X. ENTIRE AGREEMENT REQUIREMENT OF WRITING
It is understood and agreed that the entire agreement of the parties is contained herein and that
this agreement supersedes all oral agreements and all negotiations between the parties relating to
the subject matter thereof, as well as any previous agreement presently in effect between the
parties to the subj ect matter thereof. Any alterations, variations, or modifications of the
provisions of this agreement shall be valid only when they have been reduced to writing and duly
signed by the parties.
XL COUNTERPARTS
This agreement may be executed in counterparts by any municipality desiring to be obligated by
the terms and conditions contained herein.
IN WIT`NESS WHEREOF, the municipality has executed this agreement and set their hands on
the date(s) written below:
CITY OF
By:
Its:
Dated:
CITY OF
By:
Its:
Dated:
CITY OF
By:
Its:
Dated:
CITY OF
By:
Its:
Dated:
� AGENDA ITEM
� COUNCIL MEETING OF JUNE 8, 2009
� �F CLAI MS
FRIDLEY
CLAIMS
141 �0� - 1420�2
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 8, 2009
��F LICENSES
FRIDLEY
TYPE (�F LICENSE: APPLICANT: ' ' APPROVED BY: '
Tree Removal-Treatment Nick's Tree Service Public Safet
Nick Arrigo Public Works
Massage Therapy Amy Ritter Public Safety
Massage Therapy City Clerk
Food Establishment India House Community Development
Joginder Cheema Fire Inspector
Public Safety
Hong Kong Kitchen Community Development
Xi Ming Guan Fire Inspector
Public Safety
Patio Endorsement D.B. Leighton's Pickle Park City Clerk
Tom Tomaro Police
Fire
Planning
Inspections
Temporary 3.2% Malt Liquor Fridley Lions Club Public Safety
Consumption Permit Dean Saba, Brian Towes,
Harold Hinchliffe
Locations and Dates:
Commons Park June 26,27, 2009
Commons Park September 26,
2009
Music Festival/Public Dance Fridley 49'er Day Festival City Clerk
License Peter Borman Commons Park Communit Develo ment
Fire Inspector
Public Safety Director
TYPE C}F LICENSE: APPLICANT: APl'ROVEI� BY:
Tem ora Food Sales Peter Borman for 49'r Da s Fire De artment
Rich Taulelle, Food Or anizer Public Safet
6120 Trint Dr Communit Develo ment
Carnival License Carnivals , Inc.dba Minnesota's Public Safet
Ma ic Midwa , and Southern Fire Ins ector
Fun Carnival, LLC Buildin Ins ector
P.O. Box 969
Anoka, MN 55303
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 8, 2009
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
A-1 Concrete Chimne Swee Fred VanDeVenter Ron Julkowski, CBO
Aircare Heatin Jim Townsend Ron Julkowski, CBO
Anderson Heatin & A/C Inc Heatin Pa Nelson Ron Julkowski, CBO
As en Air Heatin John Bru eman
Burggraff Construction Inc Commercial Tom Burggraff Ron Julkowski, CBO
Clear Channel Outdoor Si n Erector Steve Schluck Ron Julkowski, CBO
Dave's Heatin Air & Electric Heatin Dave Roberts Ron Julkowski, CBO
David Wayne Construction Inc Commercial or David James Ron Julkowski, CBO
S ecialt
Duct Works Heatin & A/C Heatin Scott Sondrall Ron Julkowski, CBO
E L Management Commercial or Edward Luna Ron Julkowski, CBO
S ecialt
Flare Heatin & A/C Heatin Rand Imker Ron Julkowski, CBO
Galla her Heatin and A/C Heatin Chris Galla her Ron Julkowski, CBO
Glen Bartells Contracting Commercial or Glen Bartells Ron Julkowski, CBO
S ecialt
Horizon Roofing Inc Commercial or Robert Jodsaas Ron Julkowski, CBO
S ecialt
Libert Comfort S stems Heatin Jim Bonniwell Ron Julkowski, CBO
Sha Heatin & Air Heatin Flo d Joswick Ron Julkowski, CBO
Standard Heatin & A/C Heatin Kent Lee Ron Julkowski, CBO
Su erior Heatin A/C & Electric Heatin Mark Johnson Ron Julkowski, CBO
Waste Oil Furnace Oil Service Janet Le er Ron Julkowski, CBO
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 8, 2009
� �F ESTI MATES
FRIDLEY
Newquist & Herrick Law Offices, P.C.
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432-4381
Contract Retainer for June, 2009
Including Expenses ........................................................................... $ 24,397.50
Classic Protective Coatings
N7670 State Highway 25
Menomonie, WI 54751
Water Tower #2 Rehabilitation Project No. 378
FINAL ESTIMATE ...................................................................... $ 11,494.00
Shank Contractors, Inc.
3501 — 85th Avenue North
Brooklyn Park, MN 55443
Commons Park Water Treatment Plant Improvements
Proj ect No. 379
Estimate No. 6 ................................................................................. $ 28,683.39
Colt Construction Services, LLC
285 Forest Grove Drive, Suite 126
Pewaukee, WI 53072
85th Avenue Trail Proj ect No. ST. 2007-4
Estimate No. 4 ................................................................................. $ 40,271.34
Ron Kassa Construction
6005 East 250th Street
Elko, MN 55020-9447
Miscellaneous Concrete Repair Project No. 384
Estimate No. 2 ................................................................................. $ 30,996.79
Hardrives, Inc.
1475 Quiram Drive
Rogers, MN 55374-9461
2009 Street Rehabilitation Proj ect No. ST2009-01
Estimate No. 2 ................................................................................. $247,405.00
�
�
CffY OF
FRIaLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JUNE 8, 2009
June 1, 2009
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: First Reading of Rezoning Request, ZOA #09-01, Premier Central 65 Partners LLC
INTRODUCTION
Jim Wnkels of Amcon Construction, on behalf of the petitioner, Premier Central 65 Partners, is
requesting a Rezoning, ZOA #09-01. The current zoning of the
subject property is M-2, Heavy Industrial. The petitioner is seeking
to rezone the property to R-3, Multi-Family.
PAST COUNCIL ACTION
At the May 18, 2009, City Council meeting, a public hearing was
held for ZOA #09-01.
PLANNING COMMISSION RECOMMENDATION
At the May 6, 2009, Planning Commission meeting, a public hearing ,';
was held for ZOA #09-01. After receiving public comment and a
brief discussion, the Planning Commission recommended approval
of rezoning request, ZOA #09-01. �
THE MOTION CARRIED UNAMIOUSLY. W
"�
ur�
—�
,�
1
PLANNING STAFF RECOMMNEDATION
City Staff recommends the Council hold the first reading of an ordinance for the approval of the
rezoning ZOA #09-01.
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA
BY MAKING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated,
and is hereby subject to the stipulations as shown in Attachment 1.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley and
described as:
7011 University Avenue NE
The Southeast Quarter of the Southwest Quarter EXCEPT the East
600 feet thereof, EXCEPT the South 400 feet thereof AND
EXCEPT the North 50 feet lying west of the East 150 feet thereof,
Section 11, Township 30 North, Range 24 West.
Is hereby designated to be in the Zoned District R-3
(General Multiple Units).
SE CTION 3. That the Zoning Administrator is directed to change the official zoning map
to show said tract or area to be rezoned from Zoned District M-2 (Heavy
Industrial) to R-3 (General Multiple Units).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
22nd DAY OF JUNE, 2009.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: May 18, 2009
First Reading: June 8, 2009
Second Reading: June 22, 2009
Publication:
. .
�r ' ► � _ ���►�il
CITY COUNCIL MEETING OF JUNE 8, 2009
TO: William W. Burns, City Manager���
�
FROM: James P. Kosluchar, Public Works Director i�,�---''�'�`"��--`
�� �
SUBJECT:
June 8, 2008
PW09-036
Memorandum of Understanding with Anoka County for the Reconstruction of 85th
Avenue (County Road 132)
The attached Memorandum of Understanding assigns responsibilities for the reconstruction of 85tn
Avenue (County Road 132) and sets the overall agreements in principal with the objective of 1)
continuing preparations for the project, and 2) establishing guidelines for a cost participation
agreement. The memorandum is in conformance with Anoka County's standard cost participation
agreement. The City of Blaine and the City of Coon Rapids will participate in this project as well
through their own memoranda and future agreements with Anoka County.
Anoka County has completed scoping and preliminary plans for the reconstruction of 85t" Avenue
(County Road 132), and has programmed this project for 2010 construction. The project is
proposed to remove the existing aged traffic signal system and replace it with a new signal
system. Reconstruction work on County Road 132 will include construction of raised median
channelization and of separate left turn and right turn lanes for each approach to Springbrook
Drive (University West Service Drive). Work on County Road 132 is currently planned to extend
approximately 1500 feet west of Springbrook Drive and approximately 600 feet east of
Springbrook Drive, tying into the signalized intersection area at University Avenue (Trunk Highway
47). Upon completion of all reconstruction work, both eastbound and westbound County Road
132 will have raised medians and dedicated leftturn and rightturn lanes approaching Springbrook
Drive, in addition to two separate through lanes.
Work on Springbrook Drive is anticipated to include the removal of the south median to allow for
left turn lanes to line up properly through the intersection area, restriping of each approach to
County Road 132, and approach resurfacing to match grades of the revised intersection.
The existing permanent signal system is being proposed by Anoka Couhty to be fully replaced to
bring this signal system up to current design standards. The original signal system was installed
more than 14 years ago and is in need of significant upgrades. Roadway modifications throughout
the intersection area will also require significant modifications to the existing signal system.
42
The project also contains some drainage upgrades and rerouting associated with the project, most
significantly addition of a stormwater detention pond. The City of Fridley will be the agency
responsible for future maintenance of the stormwater pond, which is reasonable since it is within
our MS4 boundary. The City of Coon Rapids has indicated that they will cost-share future
stormwater system maintenance with the City of Fridley through a separate agreement. The City
of Blaine is anticipated to participate in this stormwater maintenance agreement as well.
The preliminary project cost estimate is just over $1.5 million. Of this, an estimated $132,200 is
Fridley's cost share of the project. The City has budgeted $150,000 for the project in its draft 2010
CIP. However, Anoka County has advised that they plan to apply federal funding available to this
project, which would substantially reduce the City of Fridley's funding requirement.
The City has been revising plans under construction for the 85t" Avenue Trail and the University
West Service Drive Resurfacing to allow conformance with the proposed plans with minimal
reconstruction.
Staff recommends the City Council approve the attached Memorandum of Understanding with
Anoka County for the Reconstruction of 85th Avenue (County Road 132).
�''1 .
Attachments
m
MEMORANDUM OF UNDERSTANDING
FOR THE RECnNSTRUCTION OF CnUNTY ROAD 132 (85TH AVF,NUE.) FROM 1450'
WEST OF SPRINGBROOK DRIVE TO TH 47 IN THE CITIES OF SLAINE,
COON RAPIDS, AND FRIDLE,Y.
(SP 02-596-07)
This Memorandum of tTnderstanding (MnTJ) is hetween the County af Anoka, State of Minnesota, a
political sixbdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota,
SS303, hereinafter referred to as "County", and the City of Fridley, a municipal corporation under the
laws of the State of Minnesota, 6431 iJniversity Ave, Fridley, Minnesota SS432 hereinafter referred
to as the "City".
The parties to this preliminary MOiJ agree in principle that construction of County State Project No.
02-596-07 collectively referred to as the "Project" is in the best interest of the traveling public and
that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Praject.
It is agreed that the Exhibit "A" Layout dated February 24th, 2009 has been reviewed and accepted
by the parties and is suitable for preparatian of final construction d�cuments. Any significant
changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by
the parties as an amendment to this MOU or addressed in a separate joint powers agreement that will
formalize this MOIJ. These same changes will require a change in the cost share to include any
additional design engineering cost that may occur.
TRAFFIC SIGNALS:
The parties agree that the signal system at the CR 132 and Springbroolc Drive intersection will be
reconstructed and/or modified with this project. The parties agree that the cost of the reconstruction
of the signal system at Springbrook Drive shall be at the split expense of the City of Blaine, the City
of Coon Rapids, the City of Fridley, and Anolca County. The ongoing cost of the electrical power to
the signal shall be the sole cost and expense of the above mentioned Cities
RIGHT OF WAY:
The parties agree that the County will acquire all necessary right-of-way and easements for the
Project. Acquisition of any additional right-of-way and/or easements needed for improvements to
the City street intersections beyond what is defined in the Exhibit "A" Layout will be the
responsibility of the City. It is agreed by the parties that all necessary right of way and easements will
be in legal possession of the Co�inty prior to acceptance of bids for the project. Any City owned
property or easements required for the construction will be conveyed to the Caunty at no cost.
�•. � .
The City shall pay for a percentage of the cost of the storm sewer system, and their outlet structures.
The City portion of the cost is based on contributing flow to the storm sewer system and detention
basin determined by the product of the contributing area and runoff coefficient. The parties
understand and agree that the maintenance of the completed storm sewer (except catch basins and
catch basin leads), detention basins including ponds and their outlet structizres shall be the sole
responsibility of the City.
Page 1 oT�'
TRAFFIC CONTROL:
The parties understand and agree that CR 132 will be open to traffic. The construction will be done
in stages and constructed under traffic.
I1 _.I\�p :
The parties agree that all driveways affected by the Project will be reconstructed in kind with the cost
of any upgrades requested by the City including concrete aprons to be the responsibility of the City.
LAN1)SCAPING/STREETSCAPING:
The parties agree that if the City wishes to include landscaping or streetscape features in the project,
they shall be designed in accordance with Anoka County Highway Department
Landscape/Streetscape Guidelines. The City shall sizpply the plan sheets and specifications for the
proposed landscape/streetscape. The total cost of the design as well as the construction cost over
standard median will be at the expense of the requesting City or split between the requesting Cities.
All construction documents m�ist be submitted to the Co�mty by September 1, 2009.
IJTILITIES:
The parties agree that the Exhibit "A" Layout does not include specific proposed utility locations.
The City will be responsible for the design of any sanitary sewer and water main improvements,
which will be incorporated in the project bid documents. The cost of the design and construction of
these features will be the responsibility of the City. The City's design of the sanitary sewer and
water main utilities are to inchzde plans, specifications, and estimated q�iantities and cost. All
construction documents must be submitted to the County by September 1, 2009.
PERMITS:
The parties agree that the County will secure all necessary permits for this Project.
� ,.
iJpon acceptance and signatures by the parties of this MOU, a separate joint powers agreement for
cost share and maintenance will be prepared by the County for execution by the City and the County
prior to acceptance of bids for this project. The joint powers agreement to follow will formalize all
estimated and actual cost shares.
Exhibit `B" which outlines County policy for cost splits on construction projects.
Page 2 0�'S
COUNTY OF ANOKA
By:
Dennis Berg, Chairman
Anoka County Board
of Commissianers
Dated:
ATTEST:
By:
Terry Johnson
Anoka C�unty Administrator
Dated:
RECOMMENDED FOR APPROVAL:
By:
Douglas W. Fischer, P.E.
Anoka County Engineer
APPROVED AS TO FORM AND EXECUTION:
BY� �—
Dan Klint
Assistant Anoka County Attorney
Page 3 0�`3"
CITY OF FRIDLEY
By: _
Scott J. Luncl
Mayor
Dated:
:
Dated:
:
:
Dr. William W. Bizrns
City Manager
Jim Kosluchar, P.E.
City of Fridley Engineer
Name
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S.P 02-596=07
EXHIBIT B
COST-SHARING AGREEMENT
FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY
USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS
ITEMS
Bikeways
Concrete Curb & Gutker
Concrete Sidewalk
Concrete Sidewalk Replacement
Concrete Curb & Gutter for Median Construction
Concrete Median
Construction or Adjustment of Local Utilities
Grading, Base and Bituminous
Storm Sewer
Driveway Upgrades
Traffic Signals (communities larger than 5,000)
Traffic Signals (communities less than 5,000)
Engineering Services
Right-of-Way
Street Lighfis
*OO
*�O
*TM
*�
COUNTY SHARE
0
50%
0
100%
100%
100%
0
100�/0
based on state aid letter*O
0*I
�/z the cost of its
legs of the intersec.kion
1����0
*�
1005
0
CITY SHARE
100�/0
50%
100%
0
0
0*O
100%
0
based on state aid letter*O
ioopip
the c.�st of its legs of
the intersection pl�as �/2
the cost of the County legs
of the intersection
O*TM
*�
0*(
100%
The County pays for iQ0% OF A Standard Median Design such as plain conc,rete. If a I�cal unit of government requests dec�rative
median such as red hrick, stamped concrete, ar exposed aggregate concrete, the local unit will pay the additional cost ab�ve the
cost of standard median.
In the event no State Aid is being used, or in the event the state aid le�ter does not determine c.ost split percentages, drainage
c�st shares will be computed by the proportion of c.antributing flow outside the County right of way to the tatal contributing flow.
In c.ities less than 5,OOQ people the County pays for 10Q% of the cast of the traffic signal effective March 1986. The County
collects on behalf of the cities (less than 5,Q0�) "Municipal State Aid Dollars" since they do not themselves qualify for state aid
fiands. These funds are used ta �ay the City Share.
Engineering shall be paid by the Lead Agency except that any participating agency will pay constr�ackion engineering in the amount
of 8% of the constr�action costs paid by that agency.
*( In the event that the Township or City requests purchase of right-�f-way in excess of those right-of-ways required by Counry
construction, the Township or City �articipates ta the extent an agreement can be reached in these properties. For instance, a
Township or City may request a sidewalk be constructed alongside a County r�adway which would require additianal right-�f-way,
in which case the Township �r City may pay for that portion of the right-�f�-way. Acquisition �f right-of-way for new alignments
shall be the responsibility of the Township or City in which the alignment is locafied. This provision may be waived by agreement
with the County Board if the roadway replaces an existing alignment and the local unit of government takes jiarisdiction of that
existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not
ac.quire s�a�cient right-of-way during the platting process or redevelopment process shall be paid by the Township or Ciky.
*� The County will replace all driveways in-kind. Upgrades in surfacing (i.e., gravel to bituminous, bituminous to concrete shall be at
iQ0% ex�ense to the Township �r City).
4�
� AGENDA ITEM
� CITY COUNCIL MEETING OF JUNE 8, 2009
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS