02/22/2010 - 4563�
� CITY COUNCIL MEETING OF FEBRUARY 22, 2010
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FRIDLE7`
The City of Fridley will not discriminate against or harass anyone in the admission or access to,
or treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard
to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Annual National Pollutant Discharge Elimination
System (NPDES) Review of Fridley's Stormwater
Pollution Prevention Plan (SWPPP) for 2009.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 8, 2010
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Resolution in Support of an Application for a
Minnesota Lawful Gambling Premise Permit for
Spring Lake Park Youth Hockey Association at
Broadway Bar and Pizza Located at 8298 University
AvenueN. E. (Ward 3) ....................................................................................... 1- 3
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Resolution Ordering Advertisement for Bids:
2010 Miscellaneous Concrete Repair Project
No. 395 ....................................................................................................... 4 - 5
3. Approve Change Order No. 4 for 2008 Street
Improvement Project No. ST2008-01 ................................................................ 6- 8
4. Approve Joint and Cooperative Agreement for the
Formation and Administration of the Anoka-Hennepin
Narcotics and Violent Crimes Task Force ......................................................... 9- 23
5. Claims ....................................................................................................... 24
6. Licenses ....................................................................................................... 25
7. Estimates ....................................................................................................... 26
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 3
NEW BUSINESS:
8. 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 #10-01, by Tri-Land Properties, Inc.,
to Rezone Property from C-3, General Shopping,
to Planned Unit Development Zoning, for the
Redevelopment of the Site Generally Located
at 244, 246, 248 and 250 — 57t" Avenue N.E.)
(Ward 3) .......................................................................................................... 27 - 33
9. Approve Tower Site Lease Agreements between
the City of Fridley and Clear Wireless, LLC, for
Water Tower #1, Water Tower #2 and the Marion
HillsReservoir ................................................................................................. 35 - 46
10. Resolution Authorizing the City Clerk to Withdraw the
Certification of Certain Special Assessment for Street
Improvement Project No. ST2008-01 .............................................................. 47 - 51
11. Receive Bids and Award Contract for the 2009 Street
Improvement Project No. ST2009-02 .............................................................. 52 - 56
12. Approve Joint Powers Agreement between the City of
Fridley and the County of Anoka for Roadway
Improvements of CSAH 6(Mississippi Street NE and
Rice Creek Road NE) and County Road 106 (Mississippi
StreetNE) ....................................................................................................... 57 - 65
13. Informal Status Reports ..................................................................................... 66
ADJOURN.
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CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
William W. Burns, City Manager
James Kosluchar, Public Works Director
February 22, 2010
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Annual National Pollutant Discharge Elimination System (NPDES) Review of
Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2009.
In conformance with the City of Fridley's Stormwater Pollution Prevention Plan (SWPPP) to conform to
its National Pollutant Discharge Elimination System (NPDES) requirements, the City as a Municipal
Separate Storm Sewer System (MS4) is required to hold an annual meeting reviewing its SWPPP
activities for the previous year.
The meeting has been advertised in the official newspaper, and is intended to provide the public with
information on the City of Fridley's SWPPP. A presentation will be made summarizing SWPPP activities
for 2009. This item can be moved in the agenda sequence as necessary to accommodate public
attendance related to this item and other items.
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CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 8, 2010
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 (Came later in the meeting.)
OTHERS PRESENT: William Burns, City Manager
Jim Kosluchar, Public Works Director
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
Tim Keane, Malkerson Gunn Martin LLP for Tri-Land Properties
Hugh Robinson, Executive Vice President for Tri-Land Properties
Nick Erpedling, Westwood Properties Services
Glen Johnson, Tri-Land Properties
LEGISLATIVE UPDATE:
Congressman Keith Ellison thanked Council for allowing him to speak. He said there is a lot
of talk about healthcare reform. While it appears there is more room for discussion, they are
moving ahead in some areas. Another major item of concern is financial reform.
Congressman Ellison said they are also working on a neighborhood stabilization project
regarding foreclosed properties. If neighborhoods of Fridley are being hit hard with
foreclosures, they may be able to benefit from this program. The last bill that they are working
on is the Credit Card Bill of Rights. With the high unemployment rate, many people turn to
credit cards to pay their bills. The goal is to make sure people know what they are getting into
and that the terms and conditions are displayed fairly.
Congressman Ellison said the House passed a$150.OB jobs bill. They are looking at a smaller
bill pertaining to infrastructure. Some of these funds will be allocated to Minnesota and
hopefully Fridley. Finally they were able to secure $2.OM for the Beyond the Yellow Ribbon
Program for veterans. These funds will provide training and a successful transition for veterans.
Funding has also been secured for the Mississippi Restoration Project.
Congressman Ellison asked how the transit was working out. He reminded Council of a public
community event on the census on February 18 from 6-8 p.m. in the Global Market Square.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 2
Councilmember Barnette said the Northstar commuter rail is going great. They are now
working on Phase 2 which is to get a train to go to St. Cloud.
Congressman Ellison said he is 100% in favor of it and thinks it is an exciting idea. It would
reduce congestion, spur economic development and build up the transit system. He said Fridley
could count on him to be in favor of that.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 25, 2010
APPROVED
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 205.17, of the Fridley City Code,
Allowing a"Towing Services" Use by a Special Use Permit in the M-1, Light Industrial
Zoning District (Text Amendment Request, TA #09-02, by Schmit Towing, Inc.,
Generally Located at 92 — 43rd Avenue N.E.) (Ward 3)
William Burns, City Manager, said the City Code currently does not allow this use in any of its
zoning districts. It does allow junk yards and other types of intense uses in industrial districts
with a special use permit. Staff feels the towing business is less intense and would have less
impact on surrounding areas than many of these uses that are already allowed.
Staff recommends allowing towing services in M-1 zoning districts, subject to the eleven
conditions included in the ordinance. The Planning Commission unanimously recommended
approval of this change at their December 16 meeting. Council held a public hearing on this
matter on January 4 and a first reading of the ordinance on January 25. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code
Pertaining to Commercial Uses Permitted and Exterior Storage (Text Amendment
Request, TA #09-04, by the City of Fridley);
and
Adopt Official Title and Summary Ordinance.
William Burns, City Manager, said covers a variety of minor changes in the City's codes as they
relate to commercial zoning districts. Many of the changes pertain to requirements for garden
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 3
centers and nurseries in various commercial districts. These conditions had previously not been
included in any of the commercial zoning language.
Dr. Burns said the Planning Commission held a public hearing on December 16, and
recommended them unanimously. Council held its public hearing on January 4 and the first
reading of the ordinance on January 25. Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
NEW BUSINESS:
3. Receive the Minutes of the Planning Commission Meeting of January 20, 2010
RECEIVED.
4. Special Use Permit Request, SP #09-19, by Schmit Towing, to Allow a Towing Service
Business in an M-1 Light Industrial Zoning District, Generally Located at 92 — 43ra
Avenue N.E.;
and
Resolution Approving Special Use Permit, SP #09-19, for Schmit Towing, 92 — 43ra
Avenue N.E. (Ward 3).
William Burns, City Manager, said the owners of Schmit Towing Service are requesting the
approval of a special use permit which would allow their towing service to exist at 92 43ra
Avenue. The property includes 1.99 acres and an 8,234 square foot building. The petitioners
have described how they will meet each of the eleven conditions required for this permit.
Dr. Burns said the Planning Commission held a public hearing on this special use permit at its
December 16 meeting, and recommended approval, subject to two stipulations. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Special Use Permit Request, SP #10-01, by Collins Electrical Systems, to Allow an
Electronic Gas Pricing Sign and an Electronic Message Center of the Free-Standing
Sign, Generally Located at 7295 University Avenue N.E.
and
Resolution Approving Special Use Permit, SP #10-01, for Collins Electrical Systems on
Behalf of North Oaks Amoco Inc., the Property Owner of 7295 University Avenue N.E.
(Ward 1)
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 4
William Burns, City Manager, said the electronic changes would be made to an existing 70
square foot sign in front of the Holiday Gas Station/Taco Bell located at 7295 University
Avenue. The installation of the electronic components will bring the total square footage of the
sign to 80 square feet as allowed by code. The Planning Commission approved the change,
subject to three stipulations, at their January 20 meeting. Staff recommends Council's approval.
APPROVED WITH THE FOLLOWING THREE STIPULATIONS:
1. THE PETITIONER SHALL OBTAIN SIGN PERMIT AND CURRENT
SIGN ERECTOR LICENSE PRIOR TO INSTALLING ANY SIGNAGE
ON SITE.
2. MESSAGE ON L.E.D. SIGN SHALL NOT CHANGE MORE OFTEN
THAN AUTHORIZED UNDER SECTION 214.07 OF THE FRIDLEY
CITY CODE.
3. MESSAGE ON L.E.D. SIGN SHALL NEVER FLASH OR HAVE MOTION
THAT MAY DISTRACT VEHICULAR TRAFFIC IN THE AREA.
6. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for
Bids: Sanitary Sewer Lining Project No. 394
William Burns, City Manager, said the work will occur in two segments spanning .99 miles.
The first segment is located along the east side of University Avenue between Rice Creek
Terrace and 61st Avenue. The second segment is on the west side of Stinson Boulevard between
61st Avenue and Gardena Avenue. Both sewer lines are vitrified clay pipe. The University
Avenue line is 15" in diameter; the Stinson Boulevard line is 8" in diameter. The budget for
these projects is $185,000. Staff recommends Council's approval.
APPROVED.
7. Claims (144304 —144418)
APPROVED.
8. Licenses.
APPROVED THE LICENSE AS SUBMITTED AND AS ON FILE.
Councilmember Barnette asked for Item Nos. 1, 2, and 4 to be removed.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
Nos. 1, 2 and 4. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 5
ADOPTION OF AGENDA:
MOTION by Councilmember Barnette to adopt the agenda with the addition of Item Nos. 1, 2
and 4. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM (VISITORS):
None presented.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending Chapter 205.17, of the Fridley City Code,
Allowing a"Towing Services" Use by a Special Use Permit in the M-1, Light
Industrial Zoning District (Text Amendment Request, TA #09-02, by Schmit Towing,
Inc., Generally Located at 92 — 43rd Avenue N.E.) (Ward 3)
Scott Hickok, Community Development Director, noted the changes in the text agreement for
item numbers one and two and the correct one was handed out to Council.
MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt
Ordinance No. and order publication. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
2. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code
Pertaining to Commercial Uses Permitted and Exterior Storage (Text Amendment
Request, TA #09-04, by the City of Fridley);
and
Adopt Official Title and Summary Ordinance.
Scott Hickok, Community Development Director, said in the Commercial Section there was 1
error in paragraph two regarding vehicle parking. Staff wanted to point out the error and show
what the real language should read. A clean version was in the handout that was distributed.
MOTION by Councilmember Barnette to waive the second reading of the ordinance and adopt
Ordinance No. and the Official Title and Summary ordinance and order publication.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 6
3. Special Use Permit Request, SP #09-19, by Schmit Towing, to Allow a Towing
Service Business in an M-1 Light Industrial Zoning District, Generally Located at
92 — 43rd Avenue N.E.;
and
Resolution Approving Special Use Permit, SP #09-19, for Schmit Towing, 92 — 43ra
Avenue N.E. (Ward 3).
Mayor Lund said he just wanted to make sure things were done in order. This makes it clear
where towing should take place in Fridley. This was researched and staff defined ordinances and
the process was done in a fair and professional manner.
MOTION by Mayor Lund to approve Special Use Permit Request, SP #09-19, by Schmit
Towing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
9. Preliminary Assessment Hearing for Street Rehabilitation Project No. ST2010-01.
MOTION by Mayor Lund to waive the reading of the public hearing notice and open the public
hearing. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:55 P.M.
COUNCILMEMBER BOLKCOM ARRIVED AT THE MEETING DURING THIS
ITEM.
Jim Kosluchar, Public Works Director, said the purpose of this preliminary assessment hearing
is for the City Council to discuss this local improvement before ordering it done. The City
Council will consider the information in the feasibility report and any other information
necessary. Interested persons are invited to speak to the City Council about the project.
Mr. Kosluchar said this is the fifth year under the City's major maintenance program for asphalt
streets that have concrete curb and gutter. This program was developed to rehabilitate the
deteriorated asphalt surface on a recurring schedule. The program targets pavements of a
condition where pothole patching, crack sealing, and sealcoating are no longer sufficient to
efficiently maintain a quality surface.
Mr. Kosluchar said the poor condition rating of streets gives initiative to do a rehabilitation
project. Factors used to establish the condition rating based on annual inspections include:
surface wear, weathering, skid resistance, uniformity, crack size and condition and ride quality.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 7
Mr. Kosluchar said the existing street history shows that 27 of the local segments selected were
surfaced between 1962 and 1988 and were last sealcoated in 2000-2001. A total of 30 street
segments have been selected of which 20 will receive the 2" mill and overlay of asphalt surface
and 10 will receive 2'/z" mill and overlay of asphalt surface due to weak road base. Minor
underground utility repairs will precede the mill and overlay which is already underway. The
approximate schedule to complete mill and overlay will be within four weeks of the start date.
Construction time is estimated from mid May through August 2010. Three county road
segments will also be worked on with this project; Rice Creek Road and sections of Mississippi
Street from Highway 65 to Central Avenue and from Central Avenue to Stinson Boulevard. He
said the tentative schedule for the proj ect is as follows:
Preliminary Assessment Hearing
Utility Work Begins
Open Bids for Repaving
Begin Construction
Complete Construction
Public Hearing to set Special Assessment
Assessments Begin
February 2010
March 2010
March 2010
May 2010
August 2010
October 2010
January 2011
Mr. Kosluchar said property owners were sent a mailing on January 11 which included a notice
of an open house that was held on January 19, 2010. The open house was attended by 73 people
along with three Council members. The notice of the public hearing was mailed to affected
properties on January 26, 2010.
Mr. Kosluchar said at the open house, staff provided a 20-minute presentation and responded to
questions on topics such as special assessments, access concerns during construction, project
schedule, utility maintenance/drainage/curbing and refuse vehicles and their impacts. Eighty-
five questionnaire responses have been received to date which is an impressive 20% response.
Many telephone calls have been received by staff as well. Staff will consider comments
provided in design. Public comment has been generally favorable and understanding of need for
the proj ect.
Mr. Kosluchar said the estimated cost of the project is $855,000. Of that amount, $360,000 will
be received from Anoka County/City of Fridley Municipal State Aid, $455,000 from special
assessment to adjacent properties, $10,000 from the Water Utility Fund, $20,000 from the
Sanitary Sewer Utility Fund and $10,000 from the Storm Water Utility Fund.
Mr. Kosluchar said the benefiting Light-Density Residential (LDR) properties addressed on the
street being rehabilitated are assessed. Corner lots are assessed on one side only. The
assessment is based by dividing the total mill and overlay costs serving residential area by the
number of residential properties. Multiple unit residential properties up to four units pay the
lower of the commercial rate or the residential rate reduced by 50% for each unit over one.
Mr. Kosluchar said non-LDR properties are other properties, including commercial, industrial,
high-density residential etc. These properties will be assessed the frontage that is measured
adj acent to the street and setback 3 5' from the property line. The non-LDR assessment is
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 8
calculated by dividing the total cost by the length of property frontage to determine the cost per
foot. The non-assessable property is covered by the City, not the property owners (TH47, City
Park etc.) The estimated cost per centerline foot is determined to be approximately $40-60,
depending on the street width. Each side of the street pays 50% of the cost per centerline foot to
resurface the street, thus the estimated assessment is $20-30 per lineal foot.
Mr. Kosluchar noted some of the unique property assessments include the A1 Amal School
which is a commercial flag lot and is recommended to be assessed for its full width. 1626 Rice
Creek Road is a residential lot abutting Woodside Court and is large enough to subdivide; one
residential assessment. 5965 Oakwood Manor is a"sub-dividable" lot; two residential
assessments will be applied and there are eight non-abutting properties on Riverview Terrace
that access the street that are recommended for residential assessment.
Mr. Kosluchar reviewed three payment options that may be taken for this project. Option 1 is a
lump sum paid within 30 days of the final assessment hearing (after construction). In Option 2,
the amount would be added to property taxes that are paid over 10 years with an interest rate to
be determined (typically 6'/z to 7%). In Option 3, senior citizens meeting certain criteria may
request to have the assessment deferred until the future sale of the property. Interest accrues
until the property is sold.
William Burns, City Manager, asked what residents should do if they want to redo their
driveway or repair their sewer/utility services.
Mr. Kosluchar said residents should contact staff right away if they were interested in that.
Mayor Lund noted that Kerry Lane was resurfaced in 1994. He asked why that street had a
shorter life span.
Mr. Kosluchar said some individual investigation will be done in that area because they were
surprised with the deterioration of that street.
Layne Otteson, Assistant Public Works Director, said one of the causes of the deterioration is
suspected to be more salting on that street because it has a steep slope.
Mayor Lund asked what the policy was if the cause for the deterioration wasn't found right
away and the price of the proj ect goes up.
Mr. Kosluchar said there is a 10% contingency built into the estimate. This street was paved 16
years ago and if staff can find a cause for early deterioration, a recommendation will be made to
Council. That particular segment is the shortest segment of the entire project which makes it
more affordable to the proj ect as a whole.
Councilmember Varichak asked how what the cost would be to inspect the private sewer lines.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 9
Mr. Kosluchar said televised inspections of sewer mains have been done and blockages have
been identified. Letters were sent to 37 properties that showed severe blockage in their services.
The City performs televised service inspections at no charge.
Councilmember Varichak said she received a phone call from someone who had a question
about newly resurfaced driveways and wanted to coordinate issues to make sure their new
driveway was not ruined.
Mr. Kosluchar said people should contact them with any questions they have about the project.
Staff would rather find out about concerns now than after the proj ect is designed.
Dr. Burns clarified that the City will pay for the sanitary sewer service televised inspection at a
property owner's request but any repair work to the service is the property owner's
responsibility.
Wayne Lindblad, 1421 Kerry Circle, said he had concrete curbs and the assessment was for
those with asphalt curbs not concrete. He asked why he was getting assessed for curb if he
already had a concrete curb.
Mayor Lund said that this project is for mill and overlay, not reconstruction of the street, and a
different policy applies. A layer of asphalt will be taken off and replaced with new asphalt.
Each person will be assessed for the street.
Mr. Kosluchar said the mill and overlay process is a preservation process. This way the City
does not have to reconstruct the roadways as frequently. The roads will eventually deteriorate
and resurfacing the streets will extend the life expectancy of the streets.
Don Grant, 1620 Rice Creek Road, asked for clarification that he will not have to pay an
assessment where he lives which is on a County road.
Mayor Lund replied yes, that is true. The County pays for that street but it is a busier road.
Mr. Grant asked why Fridley plowed County roads.
Mr. Kosluchar said that Fridley has a maintenance agreement with Anoka County to swap the
plowing of some streets.
Mike Bensing, 1560 Ferndale Avenue NE, said the $1,500 assessment compared to the last
assessment ($1,030) is a huge increase. Oil may be high today but it was high two years ago as
well.
Mr. Kosluchar said the City had fairly good timing with bids two years ago. There is a
contingency built into the estimate and hopefully we will get competitive bids from contractors.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 10
John Heimerl, 6441 Riverview Terrace NE, said his taxes went up 11% last year and after
adding on this assessment of $1,500 over 10 years the increase is about 15%. He asked why
taxes went up so much from last year to this year.
Mayor Lund said as the State tries to fix budget problems, the impact gets shifted to the locals.
The largest percent of the increase more than likely comes from the schools.
Mr. Heimerl asked if the City had thought about doing anything other than assessments to pay
for proj ects such as these.
Mayor Lund said that City reserves dare dwindling and it is impossible to retain reserves. If the
City had huge reserves assessments would not have to happen.
Councilmember Bolkcom asked how Fridley's taxes compared to surrounding communities.
Dr. Burns said Fridley's taxes are among the lowest in the nine surrounding communities. For
2009, the local share of the property taxes went down and if taxes went up it could have to do
with the school district.
Richard Coleman, 188 River Edge Way NE, said he appreciated how the City runs things and
complimented that they are doing a good job. He hopes the City works hard to make sure the
bids come in low. He asked if the City could work to lower the interest rate for financing the
assessment.
Mayor Lund said a lot of interest rates are driven by the bonds we get. Cities have a bond
grading system and when finances go down that lowers the bond grading.
Dr. Burns added that the City tries to get payments as low as possible.
Gregory and Pamela Nelson, 1624 Woodside Court NE, asked for clarification that the curbs
would not be done this time.
Mayor Lund said that is correct, this is just for mill and overlay, but curbing would be replaced
in specific locations.
Ms. Nelson asked if she needed to worry about her driveway.
Dr. Burns said that sometimes the surface of the street changes as well as the height which may
slightly affect the entry into driveway.
Mr. Kosluchar said typically this is not an issue on this type of project, but Ms. Nelson should
contact the Engineering Department to make sure her concerns are addressed.
Maureen Collins, 1660 Kristin Court, was concerned about Kristin Court. She said it was a cul-
de-sac and does not have much traffic but needs to be redone. She asked why this project is
needed already, on a shorter timeline than other streets, and what has led to early deterioration.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 11
Mayor Lund asked Ms. Collins if she thought her street was in need of repair.
Ms. Collins said she trusted the City's judgment but in comparison to other streets, this street
was not that old.
Mr. Kosluchar said that staff will be doing some investigation on that street to see why it
deteriorated so quickly.
Ms. Collins was concerned about the quality of fill on that street and if it was done properly
when the area was developed.
Mr. Kosluchar said there may be some uncommon soils in Fridley but usually you can expect
20 years out of a street.
Earl and Patricia Hendricks, 1611 61st Avenue NE, asked when his street was last done.
Mr. Kosluchar answered 1972.
Mr. Hendricks said that he built his home in 1974 and it seems the street was done since he has
built his home. He asked if streets should last 20 years.
Mayor Lund said that seems to be the average.
Mr. Coleman asked if there was a financing option other than the three-year payment.
Mayor Lund said that the loan can be paid off at any time and there would be no penalty for
early pay off.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:00 P.M.
NEW BUSINESS:
10. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2010 Street
Rehabilitation Project No. ST2010-01.
MOTION by Councilmember Barnette to approve the resolution ordering final plans,
specifications and calling for bids: 2010 Street Rehabilitation Project No. ST2010-01. Seconded
by Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 12
11. Resolution to Vacate a Portion of a Utility and Drainage Easement Lying within the
Vacated 76t'' Avenue NE, Generally Located at 480 Osborne Road (Vacation
Request, SAV #10-01, by Premier FMC, LLC, on behalf of Fridley Medical Center)
(Ward 1).
Scott Hickok, Community Development Director, said the North Suburban Hospital District
recently received preliminary plat approval for a new plat called Unity Addition. A 10' X
560.07' easement that remains was discovered as the final plat was being prepared. The
easement once served as a residential plat with twelve lots called Osborne Manor 2nd Addition,
Easement Vacation SAV 10-01.
Mr. Hickok said 76th Avenue was vacated in 1988 and the easement could have been vacated at
that time, but was not. In its existing location, the easement will run beneath the proposed
Fridley Medical Center & Virginia Piper Cancer Center. This particular easement is not needed
for the current project; however, other easements have been proposed and will be included in the
new plat for the Medical Center/Cancer Center.
Mr. Hickok said at the January 20, 2010, Planning Commission meeting, a public hearing was
held for SAV #10-01. The Planning Commission unanimously recommended approval of the
request. City staff recommends concurrence with the Planning Commission.
MOTION by Councilmember Saefke to approve the Resolution to Vacate a Portion of a Utility
and Drainage Easement Lying within the Vacated 76th Avenue NE, Generally Located at 480
Osborne Road (Vacation Request, SAV #10-01, by Premier FMC, LLC, on behalf of Fridley
Medical Center) (Ward 1). Seconded by Councilmember Bolkcom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
PUBLIC HEARING:
12. 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 #1-01,
by Tri-Land Properties, Inc., to Rezone Property from C-3, General Shopping, to
Planned Unit Development Zoning, for the Redevelopment of the Site Generally
Located at 244, 246, 248 and 250 57t'' Avenue N.E.) (Ward 3)
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 9:05 P.M.
Scott Hickok, Community Development Director, said the petitioner, Glenn Johnson for Tri-
Land Properties, Inc. is seeking to rezone the property from C-3, General Shopping to PUD,
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 13
Planned Unit Development. The purpose of the rezoning is to allow for the redevelopment of the
entire site to what the developer is calling The Fridley Market.
Mr. Hickok said the redevelopment will allow for structural changes to the existing building,
modernization of the existing building exterior fa�ade, and construction of new retail buildings
along the north and south sides of the property. The site will also undergo reconstruction of the
parking lot and entrances to promote multi-modal access, and installation of new trees and
additional landscaping.
Mr. Hickok said that the Planned Unit Developments typically are intended to achieve the
following:
• Provide greater flexibility in environmental design and relaxation of strict
application of the zoning ordinance in exchange for greater creativity and
environmental sensitivity.
• Encourage a more creative and efficient approach to the use of the land.
• Encourage the preservation and enhancement of desirable site characteristics,
natural features and open space.
• Encourage a development pattern that is consistent with land use density,
transportation facilities and community facilities objectives of the Comprehensive
Plan.
Mr. Hickok said the 2030 Comprehensive Plan identifies the subject property to be within one
of the "potential redevelopment areas." Approving this project through a PUD requires the
petitioner to submit a"General Plan of Development" which consists of maps, including phasing
components, descriptive statements of obj ectives, principals and standards used in the proj ect. It
also requires that any modification of the originally approved PUD, be reviewed before the
Council which is similar to the process the City uses for master plan approval on an S-2,
Redevelopment proj ect.
Mr. Hickok said that the redevelopment of this site accomplishes several of the goals identified
in the Comprehensive Plan. Ways identified to accomplish those goals were to create a walkable
downtown area, provide more retail opportunities, provide more restaurants, and maintain
current tax base and encourage growth.
Mr. Hickok said as part of the process to allow a rezoning to a PUD, it is very important to
establish guidelines that dictate what type of quality development will occur on the site. Within
those guidelines there are several elements that need to be discussed and agreed upon in the
General Plan of Development, in order to lead the developer and the City into an approved PUD.
The Guidelines becomes a critical part of a PUD because that along with the drawn plans
illustrates what the development would essentially look like and what is and is not allowed.
Mr. Hickok said staff suggested that the petitioner seek a potential rezoning to a PUD, instead of
seeking variances to the standard C-3, General Shopping zoning district regulations. For
example, the C-3 zoning code requires a front yard setback of 80 feet and a side yard setback on
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 14
corner lots of 80 feet. Since the subj ect property has streets on all sides of it, code would require
an 80 foot setback for buildings on all sides.
Mr. Hickok said the placement of the new buildings, closer to the street, would not meet that
setback requirement. Since the subject property is within the Northstar TOD district, staff would
prefer to see building brought closer to the street, to help create a downtown environment that
provides a pedestrian scale to the retail area.
Mr. Hickok said staff asked the petitioner to try to comply with the C-3, General Shopping code
standards as much as possible, with the understanding that some of the requirements will not be
able to be met.
Mr. Hickok said the City Code requires that parking stalls in our commercial districts be 10 feet
wide by 20 feet long if they are nose to nose stalls or 10 feet wide by 18 feet long if the stall
abuts a curb. Over the years, the City has had many requests by other commercial, educational,
and medical type uses to allow a smaller size. In some instances the City has allowed a
reduction in the width of a stall for those parking stalls that have a low customer turnover. For
example: employees at a medical clinic or students at a school.
Mr. Hickok said the petitioner also completed a parking field analysis, demonstrating the
difference between a 9 foot by 18 foot stall and a 10 foot by 20 foot stall. Based on the square
footage of the new Cub Foods (65,177) and Retail A(10,500), which is one of the free-standing
buildings on the north side of the building, 262 stalls would be constructed at a stall size of 9 feet
by 18 feet. Increasing the size of the stall to a 10 foot by 20 foot stall would reduce the amount
of stalls to 196, which is 66 less stalls. According to petitioner, the 9 foot by 18 foot stall is a
necessity for them and for Cub Foods, in order to make the proj ect work.
Mr. Hickok said the petitioner is proposing to have two outdoor sales areas that will be used 10
to 12 weeks during the year. Cub Foods would primarily use this area for garden sales in the
spring and early summer. The areas they have highlighted will be 36 feet by 93 feet (3,348
square feet) in size and will be designed using decorative pavers. The petitioner has created a
"pergola" structure that will be installed during the 10 to 12 week sales period and will be
removed and returned to parking stalls at the conclusion of the sales period.
Mr. Hickok said there are other properties within the City that have special use permits for
garden centers. Some examples of those are Bachman's, Home Depot, Wal-Mart, and Menards.
In all those situations, the City required that the business construct a permanent structure
attached to their building for their garden centers as opposed to a free-standing tent type garden
center often seen in other communities. In lieu of constructing a permanent structure for garden
sales, the petitioner and more importantly Cub Foods, is requesting to have the outdoor sales area
within the parking lot.
Mr. Hickok said instead of simply putting up a tent, the petitioner has designed a decorative
paver area with a temporary pergola that will have cedar posts, and maintenance free fencing.
Staff feels this solution is unlike what we have seen in other applications, but would consider it
acceptable considering it is a PUD zoning, which allows flexibility when designing a project.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 15
Mr. Hickok said the petitioner is also proposing to construct a public gathering area with Phase
2A-2B. This area will have an arbor constructed within it, with seating and perimeter
landscaping. This area has the potential of creating a nice environment for employees who work
on site or customers who shop on site. There is also a patio area planned for the east side of
Retail A, which will provide an outdoor seating option for a potential restaurant.
Mr. Hickok said any redevelopment within the Northstar TOD Redevelopment Area is expected
to have clear connections for walkers and bikers, as well as vehicles. This site is only '/z mile
from the Northstar train station and there is a bus stop at the corner of University Avenue and
57th Avenue. Staff has emphasized the importance of pedestrian connectivity to and throughout
this site to the petitioner throughout our discussions.
Mr. Hickok said a phasing plan needs to be provided to the City as a requirement of a PUD.
When the new Cub Foods store is being redeveloped as part of Phase 2A, 50 feet by 297 feet of
the front of the building will be removed to make the Cub Foods new entrance. The remaining
50 feet of the front of the building be removed within 1 year of the opening of the new Cub
Foods. More detailed Phasing Plans will be required to be submitted with the General Plan for
Development.
Mr. Hickok said a traffic analysis was done and Westwood has stated that although the
intersection at 57th Avenue and University Avenue currently operates at the LOS C, it will
operate at the LOS D or worse after the redevelopment of this site. This level of service is based
primarily on the northbound left turn movement at this intersection. Westwood recommends that
the mitigation measure used to restore acceptable operations of this intersection is by
optimization of the signal timing at the intersection. With this mitigation measure in place, the
overall intersection LOS will improve to C. Staff has heard from MN/DOT and they are fine
with modifying the signal timing.
Mr. Hickok said at the January 20, 2010, Planning Commission meeting a public hearing was
held for ZOA #10-01. They unanimously recommended approval with 31 stipulations. The
recommendation included approval of the site plan submitted showing 9 feet by 18 feet parking
stalls.
Mr. Hickok said City staff recommends concurrence with the Planning Commission with an
additional Stipulation No. 32: The traffic study shall be revised to show traffic impacts to the site
and surrounding road network for a restaurant use of restaurant use with the drive-thru within
Retail A and Retail B. Upon completion the petitioner shall provide revised traffic data to the
City, County, and MnDOT for approvals. Staff feels this stipulation is important as it requires
the petitioner to revise the traffic study to show the potential impacts of a restaurant use within
Retail A and Retail B.
Mr. Hickok said that Staff recommends that if the Rezoning is approved, the following
stipulations be attached.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 16
1. The property shall be developed in accordance to the General Plan for Development
Agreement, which will include the architectural plans dated and the Architectural
Design and Signage Guidelines dated .(This agreement shall be prepared by the
petitioner and approved by staff prior to City Council review of the rezoning request.)
2. The General Plan for Development Agreement must include a three-year time limit to
construction inactivity between phases until full build out of the site is complete as
proposed.
3. The property shall be developed in accordance with the site plan SP.1 dated ,
which will incorporate the stipulations included herein and approved by staf£ (Site plan
shall be revised per City staff comments included in staff report prior to City Council
review of the rezoning request.)
4. The building elevations and signage shall be constructed in accordance with architectural
plans , dated .(Architectural elevations shall be modified to
list every material to be used on each side of each of the building and architectural design
and signage guidelines shall be modified per City staff's request prior to City Council
review of the rezoning request.)
5. Phasing Plan shall be modified to show demolition of the entire 50 ft. on the front of the
building to be completed, within one year of the opening of the Cub Foods store and the
plan shall also be redone to show modification of parking areas and installation of
landscaping, signage and pedestrian connections.
6. The applicant shall obtain all necessary permits for each phase prior to construction,
including but not limited to building, land alteration, sign permits.
7. The proposed proj ect and phasing shall meet all Building code, Fire code, and ADA
requirements.
8. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit. Any dead trees on the site will need to be replaced annually.
10. Applicant for building permit, to pay all water and sewer connection fees prior to
issuance of a building permit.
11. The subject property shall not be allowed to have telecommunication facilities or
billboards constructed on it.
12. Existing light poles and fixtures on the south side of the subject property shall be
removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes
first.
13. Truck route serving all buildings proposed for site shall follow a one-way counter clock-
wise loop entering from west entrance of site and exiting the east entrance of site; revised
site plan reflecting such change to be submitted for staff approval prior to second reading
of ordinance. No truck loading will be allowed on 57th Avenue.
14. All lighting shall be no more than 3 ft. candles at the property line.
15. Site Plan must be redrawn to relocate the outdoor sale areas to a location off of an access
drive aisle. Fence design around the outdoor sales area shall be reviewed and approved
by City staff prior to issuance of a building permit for Phase 2A. If the loss of parking or
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 17
snow storage space resulting from use of the outdoor sale area creates a parking shortage,
the outdoor sale area's use must remain solely for parking.
16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored
pavement to accommodate safe pedestrian movement between the retail buildings.
17. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
18. The petitioner shall comply with any requirements set forth by the Minnesota Department
of Transportation.
19. No firework displays shall occur within the outdoor sales areas.
20. No fertilizer shall be stored outside.
21. Access to Holiday Station store and CVS Pharmacy shall be maintained during
construction.
22. Bike racks shall be provided on site per code requirements.
23. Design detail shall be provided for the main sidewalk running north and south in the
parking lot.
24. Specific areas shall be designated for snow storage and a plan shall be submitted showing
those areas, prior to issuance of a building permit for Phase 1.
25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan
for Development.
26. Applicant will have to provide a specific stormwater conveyance and treatment system
plan for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown on
plans to date.
27. Applicant will have to provide a specific temporary and permanent erosion control plan
for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown on
plans to date.
28. Access easements for the stormwater collection system, stormwater treatment facilities,
and sanitary sewer and water systems will be provided to the City of Fridley as approved
by Engineering prior to construction commencement.
29. Maintenance agreements for the stormwater collection system, stormwater treatment
facilities, and sanitary sewer and water systems will be provided to the City of Fridley as
approved by Engineering prior to construction commencement.
30. As part of a maintenance agreement for the stormwater collection system, a permanent
SWPPP will be submitted for the site and approved by Engineering to include
consideration for treatment facility maintenance, minimization of contaminated runoff
from garden center areas, truck dock areas, snow storage areas, etc. This will be
provided prior to construction commencement.
31. Applicant will have to provide a specific utility plan for approval by Engineering for each
phase prior to construction commencement. An approved plan may include facilities that
have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining
areas of all types will require external grease traps approved by Engineering on
respective sanitary sewer discharge lines.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 18
32. The traffic study shall be revised to show traffic impacts to the site and surrounding road
network for a restaurant use or restaurant use with the drive-thru within Retail A and
Retail B. Upon completion the petitioner shall provide revised traffic data to the City,
County, and MnDOT for approvals.
Mr. Hickok said the first phase will include construction of an addition to the east side of the
existing building, which will house the Fridley Liquor Store as well as space for three, 1,200
square foot retail shops. Once the addition is completed, Phase 2A involves Cub Foods
beginning construction on their new space. They will move their store to the east side of the
building and will occupy 65,000 square feet of space, which is a smaller building footprint then
what they currently occupy.
Mr. Hickok said Cub Foods will remain open and in business within their existing space until
their new space is ready to open. The existing building will actually be reduced approximately
21,000 sq. ft., which will be achieved by removal of a portion of the front of the building.
Mr. Hickok said the second phase will include the construction of "Retail A", which is a 10,500
square foot building that is located on the north side of the site, just south of 57th Avenue. Phase
3A, includes removal of the front portion of the building for "Anchor A" as well as construction
of a pedestrian connection from 57th Avenue to the main building. Phase 3B, includes the
construction of another retail building on the north side of the site, to be 9,600 square feet in size.
Phase 4 will allow for the development of the south side of the subj ect property with the
construction of a 29,000 square foot building, proposed to be shared between two tenants.
Reconstruction of the parking lot and installation of landscaping will take place throughout all
the proposed phases.
Mr. Hickok said Fridley City code requires that the shortest street frontage be considered the
front yard. In this case, University Avenue would be considered the front yard. The petitioner
proposes to construct a new 14,000 square foot addition to the east side of the existing building,
which will be 35 feet from the front yard property line, therefore, not meeting the code required
80 foot setback.
Mr. Hickok said because this property has street frontage on all sides, an 80 foot side yard
setback is required per C-3 zoning regulations. The proposed Retail A building is 15 feet from
side yard property line and the Retail B building is 30 feet from the side yard property line. As
stated earlier, because this site is within our Northstar TOD, staff would like to see the buildings
brought closer to the street, as proposed. This helps create the idea of a"walkable downtown",
which adds to the existing streetscape along 57th Avenue, provides close connections for
pedestrians and bicyclists and it will conceal parking to the opposite side of the building.
Mr. Hickok said the City Code would require an 80 foot setback Proposed Anchor B is 72 feet
from the side yard property line and Anchor C is 55 feet from the side yard property line. Street
frontage on all sides of this property provides a great challenge when trying to consider full
build-out of the site.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 19
Mr. Hickok said the petitioner's site plan shows as little as a 5 foot setback between the property
line and the parking lot in locations along the south, east and north property line. City code
requires a 20 foot parking setback from a public right-of-way to allow an adequate separation
between uses, space for sidewalks, landscaping, screening and snow storage. City staff is
concerned about the lack of green space on this site plan. Though the petitioner is meeting code
requirements for the amount of trees required to be planted, staff feels there are parking stalls
proposed that will never be used and would be better utilized as green space.
Mr. Hickok said after receiving staff's report, the petitioner removed some of their parking stalls
to add green space, because their previous site plan showed more parking stalls then code would
require. As a result, they are proposing 754 stalls. This amount is less then what code would
require by 21 stalls; however staff is comfortable because this is a PUD. The petitioner has
submitted plans showing truck circulation on the site. Staff has determined that it is very
important to have a one-way movement on the site that moves counter clock-wise around the
main building. Trucks cannot stand and wait in the queuing area between University Avenue and
the CVS entrance. Nor do we want customers on this site having to navigate around trucks from
all directions.
Councilmember Bolkcom expressed concerns about the narrower parking stalls and loading
groceries. She asked if any other retail places have less than 10 foot stalls in our community.
Mr. Hickok answered that there have been requests for 9 foot stalls but Council has been
steadfast with the 10' stall.
Councilmember Bolkcom said other businesses may want to re-stripe their parking lots if this is
allowed. She is in favor of the site but feels they are giving up a lot and wants to make sure what
they are getting in return is a fair trade. She asked how staff felt about the 9 foot stalls.
Mr. Hickok replied that the City has had a position on 10 foot stalls for a long time and one
thing that helped to go to 9 foot stalls were the adjustments. This helps set this development off
from the others. A national study on retail that shows that even 8'/z foot stalls are very common
in retail centers but 9 foot by 18 foot seems to be the modern standard. According to the national
study, it seems the trend is the 9 foot stall.
Councilmember Bolkcom asked what surrounding cities had for parking stall widths and if
there was a difference between grocery and retail.
Mr. Hickok said that 9 foot stalls are very common and some of the larger shopping areas in
recent past, like Rosedale, have 8-8 '/z foot dimensions. The New Brighton Cub Foods has
smaller lot dimensions and Mounds View recently redid a shopping mall with smaller stalls.
Councilmember Bolkcom asked about the traffic counts and what the increase would be in
traffic for this new development.
Mr. Hickok said the square foot dimensions stayed about the same and they are just reshaping
the square footage so the numbers would probably remain about the same.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 20
Councilmember Bolkcom said most traffic would be turning and going north on University and
asked if that was similar to the current traffic pattern.
Mr. Hickok answered not necessarily but in the north area, there will be a cuing issue and
stacking vehicles could be a problem during specific times. Traffic will be moving to the west
and to the south. There is ample opportunity to make those things happen and staff is
comfortable with the traffic study that was done.
Councilmember Bolkcom asked if there has been any comment from the county.
Mr. Hickok said not to date, and staff has had regular contact with County.
Councilmember Bolkcom asked if staff thinks the County will ask for 57th to be widened.
Mr. Hickok said that staff will rely on the experts as the petitioners have hired someone to do a
traffic analysis.
Councilmember Bolkcom asked about the garden sales and how many parking stalls would be
lost.
Mr. Hickok answered 18 stalls would be lost from Cub Foods and 18 stalls from another anchor
if they wanted outside sales. The outside sales area would be designed with cups in the asphalt
to support a pergola structure if a tenant wanted to use the space. Fridley typically has not had
sales in the parking lot and if this were a typical set up, staff would not recommend approval.
This will be designed to look like a permanent set up but the structure can be taken down.
Councilmember Bolkcom said Council has been so adamant with others who want to sell in the
parking lot and has concerns approving this for Cub Foods.
Mr. Hickok said for Cub Foods, garden sales is essential for the retail mix. Cub Foods is not
able to advertise independently and this is an important piece. There is an opportunity to have
garden sales outside.
Councilmember Bolkcom recalled that Home Depot wanted a permanent structure to put
outside and the request was denied. She asked if the Planned Unit Development makes it
different and able to do these things.
Fritz Knaak, City Attorney, said essentially what Council is doing is developing a case of
uniqueness. The package or things involved as part of the parcel are the trade-offs that make this
unique. If another retailer or competitor came and wanted parking lot sales they would have to
develop a PUD.
Councilmember Bolkcom asked why the garden center could not be part of the building.
Mr. Hickok said there is limited availability if they build according to C3 standard as certain
things are spelled out in the City Code. When talking about a PUD and the trade-offs it may not
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 21
seem like it is worth it but if you look at it from an architecture and landscaping aspect, it is
worthwhile to look at it as an entire package.
Tim Keane, Malkerson Gunn Martin LLP for Tri-Land Properties, said they have been working
since October on this project and are highly invested in the project. They are happy for the
opportunity to bring this forward to Council. This is a unique site, located in a highly visible
area with traffic opportunities. The area is highly visible from all sides but also has restraints as
there is no room to grow on this site.
Hugh Robinson, Executive Vice President of Tri-Land Properties, said they have been in
business for 32 years in seven states. They have owned The Fridley Market Shopping Center
since late 2006 with the goal in mind to redevelop. Tri-Land Properties believes they have
developed a package that should be appealing to the City of Fridley and have a basic agreement
with Cub. As it relates with the parking, a 9 x 18 stall is a commonly used dimension and by
increasing the stall size it would eliminate 66 stalls, taking it below what Cub is willing to
accept. Parking is less heavily used in the summer so Cub can afford giving parking stalls to
plant sales. Plant sales are a very big part of the business.
Councilmember Bolkcom asked what the dimensions were of the other redevelopment grocery
store parking stalls.
Mr. Robinson said the redesigns have been 9 x 18 feet.
Mayor Lund said so many times the Cub parking lot is not at capacity. He asked if larger stalls
would be better.
Mr. Robinson said generally there should be five stalls per 1,000 square feet. If the parking is
too full shoppers will not come to the store. He said they do not want the parking lot to be too
constrained because that makes it less inviting.
Councilmember Bolkcom asked about the traffic issues and what would be the anticipated level
of traffic.
Nick Erpedling, Westwood Professional Services, said with respect to the parking stall size
issue, a study was done by the Urban Land Institute. The conclusion after the study was that for
retail land uses a stall of 9 foot was recommended. Another study was done in December
regarding the overall increase in square footage of the redevelopment and the study analyzed all
the ways that traffic may increase in the redevelopment. It is estimated around 200 vehicles
would be entering above the existing traffic volumes on the road. The traffic study looked at all
five intersections and found through analysis the critical point was at University. Only minor
modifications to traffic signal timing at 57th Avenue and University will be necessary to mitigate
the increased traffic from the increased size of the proj ect.
Councilmember Bolkcom asked what the total volume of traffic would be.
Mr. Erpedling said there would be about 200 cars entering at the busiest hour in the afternoon.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 22
Councilmember Bolkcom asked for clarification that by changing the traffic signal it will stay
at a level C because there would only be 200 more cars.
Mr. Erpedling said the critical movement is the north bound left turn lane. The study showed
that if it is given more green time, it allows the intersection to operate at same level of service.
Councilmember Bolkcom said she has a hard time with the garden sales because so many other
businesses have asked for parking lot sales and they had to settle for enclosed garden sales.
Mr. Robinson said they have looked for other alternatives but it would be a major challenge to
make the garden center adjacent to building or inside. There is not a natural location for a
garden center in the shopping center. The only place viable is in the parking lot. We are trying
to address the City's concern. This will be an attractive contained location that is set apart from
the store. Cub is making a maj or investment to present the merchandising mix.
Councilmember Bolkcom asked if there would be Christmas tree sales in the lot.
Mr. Robinson said no.
Mayor Lund asked if the outside sales area would have a sales person and cash register.
Mr. Robinson said yes, there will be a water line, electrical and security cameras. Cub Foods
operates 24 hours but the garden center would not.
Councilmember Varichak said this is a unique situation and asked what would happen if other
Cub Foods stores saw this garden center and wanted that type instead of the hoop houses.
Mr. Robinson said that they do not get complaints about the hoop houses. It is the merchandise
that catches people's eyes.
Dr. Burns asked what market analysis was done to show that Fridley will attract 10 users in this
redevelopment.
Mr. Keane said what retailers will like is the visibility and accessibility. At one time Gander
Mountain operated in there very successfully. Traffic will be generated by a redeveloped
contemporary sized Cub Foods that will have a lot of appeal to the smaller retailers. Cub attracts
a lot of retailers and this location will be attractive to others.
Dr. Burns asked what kind of retailers they were hoping for.
Mr. Keane said maybe an office supply store, electronics, or sporting goods; there are a lot
options.
Councilmember Barnette asked if there was any discussion in the Comprehensive Plan and the
possibility of a bridge from 57th to the Lamaur site to enhance the area even more.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 23
Mr. Hickok said there has been discussion early on and that is where we looked at their wishes
and hopes and matched them with the Comprehensive Plan.
Mayor Lund asked about the three entrances that exist on 57th Avenue and if they could access
it on Main Street.
Mr. Hickok said that there is an issue for access off of Main because of grade elevation.
Mayor Lund asked how trucks would go in and out of the establishment.
Mr. Hickok said the trucks would turn around south and have the opportunity to come in on the
west side and use docks on the west side of the building. The preference was to allow access on
those two locations but it is better for trucks to move all in one direction.
Mayor Lund said as a consumer, he would like to see larger parking spots and thought there
could be a compromise. He also asked what the back of the building would look like.
Glen Johnson, Tri-Land Properties, said there would be an architectural finish all the way
around.
Mayor Lund asked where the snow would be placed for snow removal.
Mr. Johnson said a contractor handles the plowing and landscaping. Plowing sites are already
developed as to how to plow and store snow. Equipment would be stored on site at all times.
Mayor Lund asked what the consideration was for runoff.
Mr. Hickok said there is consideration given to storm water treatment on this site and that will
amount to the management and engineering of it. The site is largely impervious right now. Staff
is comfortable with the current design solution.
Jim Kosluchar, Public Works Director, said a number of storm sewers will be installed and the
last phase will require some underground storage requirements.
Councilmember Bolkcom asked if any public comments have been received on this
development.
Mr. Hickok said none other than positive comments by email.
Dr. Burns said that the Holiday Station Manager raised some concerns at the Planning
Commission Meeting.
Councilmember Bolkcom asked what would be considered inactivity. If it's 2015 and Retail A
and B is not built, would that be considered inactivity.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 24
Mr. Hickok said yes, it could be called back to see if the plan would need to be modified at that
time. Council will be approving the master plan but if that is modified, they would need to come
back to have it evaluated.
Councilmember Bolkcom said she was aware that no fertilizer will be sold outside but asked
about the plant watering and fertilizer outside and where the runoff would go.
Mr. Hickok said there is cause for question and concern about the runoff that may happen and
the area will be looked over by the Public Works Department.
Councilmember Bolkcom asked if the dates would be extended at all.
Mr. Hickok said the first reading would be beyond the February 15, sixty-day rule.
Mayor Lund asked if the petitioner had any problems with the 32 stipulations.
Mr. Keane said they had no problems with the stipulations.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 11:20 P.M.
MOTION by Councilmember Bolkcom to table the consideration of this item in order to
ascertain the necessary information to fully examine and study the request, and to extend the
review period for City Council action an additional 60 days, and to notify the petitioner in
writing of the 60-day extension as soon as possible. Seconded by Councilmember Saefke.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
13. Informal Status Report.
Councilmember Saefke attended Winterfest and said it was an excellent event. He
congratulated everyone on a j ob well done.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 11:30 P.M.
Respectfully Submitted,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
�
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�ff1' 4F
FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
February 22, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
February 21, 2010
RESOLUTION 1N SUPPORT OF AN APPLICATION FOR A MINNESOTA
LAWFUL GANIBLING PREMISE PERMIT FOR SPRING LAKE PARK YOUTH
HOCKEY ASSOCIATION AT BROADWAY BAR AND PIZZA LOCATED AT
8298 LTNIVERSITY AVEN UE NE
Minnesota State Law requires a gambling organization applying for a State Premise Permit to
contact the City in which it will be conducting lawful gambling in to provide a resolution in
support of their application. The City received an application from Wendy Nelson, Gambling
Manager for Spring Lake Park Youth Hockey to obtain a premises permit at Broadway Bar and
Pizza.
DeLaSalle High School has been conducting lawful gambling at Broadway Bar and Pizza and
has limited resources to conduct other lawful gambling than just pull-tabs. DeLaSalle and
Broadway Pizza have come to a mutual decision to not renew the lease for lawful gambling.
Mike Schrauth, the owner of Broadway Pizza interviewed and talked with four other
organizations to determine who they would like to partner with next. Mike said they were
looking to create more activity or fun things in their restaurant and wanted to have an
organization that was more community based within a three to five mile radius from his
establishment. His establishment currently supports Fridley High School and Spring Lake Park
High School and felt the Spring Lake Park Youth Hockey Association would be a great feeder
system into those school programs and they have entered into a new lease.
Spring Lake Park Youth Hockey currently conducts lawful gambling at Nicklow's in Spring
Lake Park and Time Out in Blaine. Their current lease with Time Out will end at the end of
March. Prior to this application, Spring Lake Park Youth Hockey did conduct lawful gambling
at this location prior to Broadway Pizza purchasing the location.
A background investigation was completed on Wendy Nelson, the Gambling Manager, and the
Police Department found no reason to deny the application or to restrict the location for lawful
gambling.
State law changed on July 1, 2009, changing the term of a premises permit from two years to
perpetual. This means that the license will remain in effect until the organization terminates the
site or the Board suspends or revokes the permit.
Staff recommends the City Council adopt a resolution in support of their premise permit
application.
RESOLUTION NO. 2010-
A RESOLUTION IN SPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL
GAMBLING PREMISES PERMIT FOR SPRING LAKE PARK YOUTH HOCKEY
ASSOCIATION AT BROADWAY BAR AND PIZZA
LOCATED AT 8298 UNIVERSITY AVENUE NE
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota
Lawful Gambling Premise Permit for the Spring Lake Park Youth Hockey Association; and
WHEREAS, the location of the Premise Permit is for Broadway Bar and Pizza located at 8298
University Avenue NE; and
WHEREAS, the Spring Lake Park Youth Hockey Association currently hold a license for lawful
gambling at Time Out in Blaine and Nicklow's Restaurant in Spring Lake Park; and
WHEREAS, the City of Fridley has found no reason to restrict the location or deny the
application for lawful gambling purposes.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley supports
the Minnesota Lawful Gambling Premise Permit Application for the Spring Lake Park Youth
Hockey Association at Broadway Bar and Pizza located at 8298 University Avenue NE, Fridley,
Minnesota.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
22ND DAY OF FEBRUARY 2010.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
William W. Burns, City Manager
James Kosluchar, Public Works Director
Layne Otteson, Asst Public Works Director
February 22, 2010
Miscellaneous Concrete Repair Project No. 395
PW10-013
Attached is a resolution ordering advertisement for bids for the 2010 Miscellaneous Concrete
Repair Project No. 395.
This annual project includes concrete replacement of sidewalk, pavement, curb, and other
miscellaneous concrete work in the City whether due to utility repairs, deterioration, or driveway
entrance permits. The project cost estimate is $45,000, which is the same amount budgeted in
2009. Staff anticipates opening bids March 16t", 2010 and awarding March 29t", 2010.
Recommend the City Council adopt the attached resolution ordering advertisement for bid for the
2010 Miscellaneous Concrete Repair Project No. 395.
JPK:Iro
Attachment
RESOLUTION NO. 2010-
RESOLUTION ORDERING ADVERTISEMENT FOR BIDS:
2010 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 395
WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the
property owners affected thereby.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as
follows:
That the following improvements proposed by Council Resolutions are hereby ordered to be effected and
completed as required:
2010 Miscellaneous Concrete Repair Project No. 395
2. The plans and specifications prepared by the Director of Public Works for such improvements are hereby
approved and shall be filed with the City Clerk.
The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper
advertisements for bids upon the making of such improvements under such approved plans and specifications. The
advertisement shall be published at least 10 days prior to bid opening, and shall specify the work to be done and
will state that the bids will be opened and considered at 2:00 PM TUESDAY, MARCH 16, 2010, and that no bids
will be considered unless sealed and filed with the Director of Public Works. That the advertisement for bids for
2010 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 395 shall be substantially in the standard form.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF
FEBRUARY, 2010.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
February 22, 2010
Award of ST2009 - 02 Street Rehabilitation Project
PW10-010
On Tuesday, December 29, 2009, at 10:00 am, bids were opened for the 2009-02 Street
Rehabilitation Project. Fifteen sets of plans and specifications were sent out and seven
bids were received.
This project was advanced forward to 2010 in order to apply for Federal funding through
the grant program "American Recovery and Reinvestment Act" (ARRA). The City received
a grant in the amount of $262,500 to be applied to this project. The project is essentially a
mill and overlay with adjacent sidewalk upgrades at the intersections along 61St Avenue,
West Moore Lake Drive, and East Moore Lake Drive. The western terminus is Starlite
Boulevard and the eastern terminus is Central Avenue.
The low bid was received from Northwest Asphalt Inc. of Shakopee, MN, in the amount of
$518,660.86. The high bid received was $609,387.81. The most recent construction cost
estimate performed by Engineering was $496,608.29 in October, 2009.
The original budget was estimated to be $463,000. Cost increases beyond the original
budget were mostly due to asphalt price increases, additional concrete work at pedestrian
ramps, and the street sign replacement.
Asphalt pavements costs increased due to a substantial increase in the price of oil
on the world market. Oil prices impact the production and transportation of the
asphalt.
2. Concrete work costs increased as MNDOT required that the adjacent pedestrian
ramps meet ADA requirements as this is a Federally funded project. Typically City
staff decides what pedestrian upgrades are required adjacent to the City projects.
3. Street signs are mandated to meet Federal retro reflectivity standards by 2015.
Staff determined this would be an opportunity to receive low bid prices.
Funding for this project is derived from several sources including Federal, State, special
assessments, and utility funds. Nearly half of the project is funded through ARRA in the
amount of $262,500. This grant will be applied to non-assessable construction items such
as concrete work, signage, and non-assessable pavement areas (schools, parks, etc.).
Special Assessment funding is estimated in the amount of $183,000. Special assessments
were calculated using the City's assessment policy for major roadway maintenance. The
residential properties will be assessed approximately $1400 per property for a total of
$28,000. The commercial properties will be assessed between $36 and $40 per lineal foot
for a total of $155,000. Final assessment costs will be calculated at the completion of the
project and assessed in the fall of 2010.
Utility funding from sewer and water will pay for about $19,000 in utility upgrades. Work will
include catch basin casting replacement, gate valve repair, pavement and boulevard
restoration, and miscellaneous items.
The balance of the project will paid using funds from the Minnesota State Aid account. The
fund will be applied against construction items such as striping, curb and gutter, median,
and other items. The amount is estimated to be $78,800. Final amountwill be determined
at the completion of the project.
Please refer to the attached summary sheet for a more specific breakdown of costs and
funding sources, which also compares the preliminary budget to the revised budget. Also,
please find the bid tabulation attached which includes the results of all bids that were
received.
Recommend the City Council receive the bids and award the 2009 Street Improvement
Project No. ST. 2009 - 02, to Northwest Asphalt, Inc. of Shakopee, MN in the amount of
$518,660.86.
LO/J P K:
Attachments
ST2009-02
Pro�osed Contract Award
Bid Costs
The preliminary estimated cost (per the feasibility report) for the entire project and the revised project
costs reflecting changes per the bids received are as follows:
Component
Street Reconstruction
Water and Sewer Utility Repairs
Bicycle / Pedestrian Accessibility
Surveying, Design, Administration[1]
Material Testing [2]
TOTAL
7/27/09 Bud�eted Cost 12/29/09 Bid Cost
$ 397,000.00 $ 433,038.36
$ 16,000.00 $ 19,054.00
$ 50,000.00 $ 66,568.50
$ 0 $ 20,000.00
$ 0 $ 5,000.00
$ 463,000.00 $ 543,660.86
[1] In house construction surveying and engineering costs are estimated
[2] Laboratory material testing is required by 1VINDOT and costs are estimated
Fundin� Sources
Similarly, the funding sources are updated as follows:
Funding Source
Special Assessments
Federal Funds (ARRA)
State Funds (MSAS)
Sanitary Sewer Fund
Storm Sewer Fund
Water Fund
TOTAL
7/27/09 Funding Source
$ 193,000.00
$ 254,000.00
12/29/09 Revised Funding
$ 183,000.00
$ 262 500.00
$ 0 $
$ 10,000.00 $
$ 3,000.00 $
$ 3,000.00 $
$ 463,000.00 $
�
78,766.86
11,405.00
4,604.00
3,385.00
543,660.86
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FRIDLE7`
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
William W. Burns, City Manager
Donovan Abbott, Public Safety Director
February 9, 2010
Joint and Cooperative Agreement for the Formation and Administration of the
Anoka-Hennepin Narcotics and Violent Crimes Task Force
The Cities of Anoka, Blaine, Champlin, Columbia Heights, Coon Rapids, Fridley, Maple
Grove and the County of Anoka participate in a j oint enforcement proj ect called the Anoka-
Hennepin Narcotics and Violent Crime Task Force. The City of Fridley has been a part of
this multi-agency task force since 1996. A Joint and Cooperative Agreement was last signed
by participating agencies in 2001. The general purpose of the agreement is to provide
coordination and joint enforcement efforts within the jurisdictional boundaries of the member
agencies of controlled substance crimes as defined in federal, state, and local statutes, as well
as related violent crime and criminal enterprises associated with them. The most significant
change reflects that the City of Fridley has taken a turn at providing supervisory personnel by
assigning a sergeant to the task force. In addition, the agreement incorporates the addition of
the City of Columbia Heights and the withdrawal of the Cities of Brooklyn Park and
Brooklyn Center from the task force. The task force currently consists of 11 full-time peace
officers from the participating agencies.
Attached find an updated Joint and Cooperative Agreement. Staff recommends Council's
approval.
� AGENDA ITEM
� COUNCIL MEETING OF FEBRUARY 22, 2010
� �F CLAI MS
FRIDLE7`
CLAIMS
145125 - 145255
� AGENDA ITEM
� CITY COUNCIL MEETING OF FEBRUARY 22, 2010
��F LICENSES
FRIDLE7`
Contractor T e A licant A roved B
Arctic Mechanical Heatin R an Carlisle Ron Julkowski, CBO
Carrier Co oration Heatin Deborah Hall Ron Julkowski, CBO
Centimark Co oration Commercial or S ecial Charlotte Stanle Ron Julkowski, CBO
P& H Services Gas James Steffens Ron Julkowski, CBO
Welsh Construction Commercial or S ecial William Krake Ron Julkowski, CBO
�
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�ff1' 4F
FRIDLE7`
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
ESTI MATES
Midwest Asphalt Corp.
5929 Baker Road
Suite 420
Minnetonka, MN 55345
2008 Street Improvement Proj ect No. ST2008-01
FINAL ESTIMATE .......................................................................... $ 63,638.23
�
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CfTY OF
FRIaLE7
Date
To
From
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
February 16, 2010
Wlliam Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: First Reading of an Ordinance for a Rezoning Request, ZOA #10-01, Tri-Land
Properties, Inc.
INTRODUCTION
Glenn Johnson of Tri-Land Properties Inc., from Westchester Illinois, owner of the subject
property at 250 57th Avenue, is seeking to rezone the property from C-3, General Shopping to
PUD, Planned Unit Development. The purpose of the rezoning is to allow for the
redevelopment of the entire site to what the developer is calling The Fridley Market.
Tri-Land Properties Inc, is
proposing to redevelop the
existing Cub Foods/Fridley
Liquor Store site. The
redevelopment will allow for
structural changes to the
existing building,
modernization of the
existing building exterior
farade, and construction of
new retail buildings along
the north side of the
property as well as the
south side of the property.
The site will also undergo
reconstruction of the parking
lot and entrances to
promote multi-modal
access, and installation of
146 new trees and
landscaping.
PAST COUNCIL ACTION
At the February 8, 2010, City Council meeting, a public hearing was held for ZOA #10-01. The
City Council evaluated many aspects of the project during a lengthy discussion and requested
that a 60-day action letter be sent to the petitioner. Staff sent the letter as requested.
PLANNING COMMISSION RECOMMENDATION
At the January 20, 2010, Planning Commission meeting, a public hearing was held for ZOA
#10-01. After some discussion between the Commission and staff and the Commission and the
petitioner, the Planning Commission recommended approval of rezoning, ZOA #10-01, with the
stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission and an addition of
stipulation #32.
City Staff recommends that Council hold the first reading of the ordinance to approve rezoning
request, ZOA #10-01, from C-3, General Shopping to PUD, Planned Unit Development.
Prior to 2nd Reading, the petitioner will submit the General Plan for Development for staff and
the City Attorney to review and approve. Several items, such as the Architectural Design and
Signage Guidelines, a Comprehensive Sign Plan, an updated Site Plan and Architectural Plans
and Phasing Plans will be attached to the General Plan for Development. Once staff and the
City Attorney are satisfied with the above mentioned submittals, the below stipulations will be
modified to depict actual plan and page numbers and the submittals will be ready for the City
Council to review during second reading.
STIPULATIONS
1. The property shall be developed in accordance to the General Plan for Development
Agreement, which will include the architectural plans dated and the Architectural
Design and Signage Guidelines dated .(This agreement shall be prepared by
the petitioner and approved by staff prior to City Council review of the rezoning request.)
2. The General Plan for Development Agreement must include a three-year time limit to
construction inactivity between phases until full build out of the site is complete as
proposed.
3. The property shall be developed in accordance with the site plan SP.1 dated ,
which will incorporate the stipulations included herein and approved by staff. (Site plan
shall be revised per City staff comments included in staff report prior to City Council
review of the rezoning request.)
4. The building elevations and signage shall be constructed in accordance with
architectural plans , dated .(Architectural elevations shall
be modified to list every material to be used on each side of each of the building and
architectural design and signage guidelines shall be modi�ed per City staff's request
prior to City Council review of the rezoning request.)
5. Phasing Plan shall be modified to show demolition of the entire 50 feet on the front of the
building to be completed within one year of the opening of the Cub Foods store and the
plans and shall be redone to show modi�cation of parking areas and installation of
landscaping, signage and pedestrian connections.
6. The applicant shall obtain all necessary permits for each phase prior to construction,
including but not limited to building, land alteration, sign permits.
7. The proposed project and phasing shall meet all Building code, Fire code, and ADA
requirements.
8. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit. Any dead trees on the site will need to be replaced annually.
10. Applicant of building permit applications, to pay all water and sewer connection fees
prior to issuance of a building permit.
11. The subject property shall not be allowed to have telecommunication facilities or
billboards constructed on it.
12. Existing light poles and fixtures on the south side of the subject property shall be
removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes
first.
13. Truck route serving all buildings proposed for site shall follow a one-way counter clock-
wise loop entering from west entrance of site and exiting the east entrance of site;
revised site plan reflecting such change to be submitted for staff approval prior to
second reading of ordinance. No truck loading will be allowed on 57t`' Avenue.
14. All lighting shall be no more than 3-foot candles at the property line.
15. Site Plan must be redrawn to relocate outdoor sale areas to a location off of an access
drive aisle. Fence design around the outdoor sa/es area shall be reviewed and approved
by City staff prior to issuance of a building permit for Phase 2A. If the /oss of parking or
snow storage space resulting from use of the outdoor sale area creates a parking
shortage, the outdoor sale areas use must remain solely for parking.
16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored
pavement to accommodate safe pedestrian movement between the retail buildings.
17. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
18. The petitioner shall comply with any requirements set forth by the Minnesota Department
of Transportation.
19. No firework displays shall occur within the outdoor sa/es areas.
20. No fertilizer shall be stored outside.
21. Access to Holiday Station store and CVS Pharmacy shall be maintained during
construction.
22. Bike racks shall be provided on site per code requirements.
23. Design detail shall be provided for the main sidewalk running north and south in the
parking lot.
24. Specific areas shall be designated for snow storage and a plan shall be submitted
showing those areas, prior to issuance of a building permit for Phase 1.
25. The petitioner shall submit a comprehensive sign plan to be attached to the General
Plan for Development.
26. Applicant will have to provide a specific stormwater conveyance and treatment system
plan for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown on
plans to date.
27. Applicant will have to provide a specific temporary and permanent erosion control plan
for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown on
plans to date.
28. Access easements for the stormwater collection system, stormwater treatment facilities,
and sanitary sewer and water systems will be provided to the City of Fridley as approved
by Engineering prior to construction commencement.
29. Maintenance agreements for the stormwater collection system, stormwater treatment
facilities, and sanitary sewer and water systems will be provided to the City of Fridley as
approved by Engineering prior to construction commencement.
30. As part of a maintenance agreement for the stormwater collection system, a permanent
SWPPP will be submitted for the site and approved by Engineering to include
consideration for treatment facility maintenance, minimization of contaminated runoff
from garden center areas, truck dock areas, snow storage areas, etc. This will be
provided prior to construction commencement.
31. Applicant will have to provide a specific utility plan for approval by Engineering for each
phase prior to construction commencement. An approved plan may include facilities that
have not been shown on plans to date. Note that inclusion of restaurants, cafes, or
dining areas of all types will require external grease traps approved by Engineering on
respective sanitary sewer discharge lines.
32. The traffic study shall be revised to show traffic impacts to the site and surrounding road
network for a restaurant use or restaurant use with the drive-thru within Retail A and
Retail 8. Upon completion the petitioner shall provide revised traffic data to the City,
County and Mn/DOT for approvals.
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:
250 57t" Avenue NE
Lot 2, Block 1, Holiday North 2nd Addition, subject to easement of
record.
Is hereby designated to be in the Zoned District PUD
(Planned Unit Development)
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 C-3 (General
Shopping) to PUD (Planned Unit Development).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
8tn DAY OF MARCH, 2010.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: February 8, 2010
First Reading: February 22, 2010
Second Reading: March 8, 2010
Publication:
ATTACHMENT ONE
1. The property shall be developed in accordance to the General Plan for Development
Agreement, which will include the architectural plans dated and the
Architectural Design and Signage Guidelines dated .(This agreement shall
be prepared by the petitioner and approved by staff prior to City Council review of the
rezoning request.)
2. The General Plan for Development Agreement must include a three-year time limit to
construction inactivity between phases until full build out of the site is complete as
proposed.
3. The property shall be developed in accordance with the site plan SP.1 dated ,
which will incorporate the stipulations included herein and approved by staff. (Site
plan shall be revised per City staff comments included in staff report prior to City
Council review of the rezoning request.)
4. The building elevations and signage shall be constructed in accordance with
architectural plans , dated . (Architectural elevations
shall be modified to list every material to be used on each side of each of the building
and architectural design and signage guidelines shall be modified per City staff's
request prior to City Council review of the rezoning request.)
5. Phasing Plan shall be modi�ed to show demolition of the entire 50 feet on the front of
the building to be completed within one year of the opening of the Cub Foods store
and the plans and shall be redone to show modification of parking areas and
installation of landscaping, signage and pedestrian connections.
6. The applicant shall obtain all necessary permits for each phase prior to construction,
including but not limited to building, land alteration, sign permits.
7. The proposed project and phasing shall meet all Building code, Fire code, and ADA
requirements.
8. City engineering staff to review and approve grading and drainage plan prior to
issuance of building permits.
9. Landscape plan to be reviewed and approved by City Staff prior to issuance of
building permit. Any dead trees on the site will need to be replaced annually.
10. Applicant of building permit applications, to pay all water and sewer connection fees
prior to issuance of a building permit.
11. The subject property shall not be allowed to have telecommunication facilities or
billboards constructed on it.
12. Existing light poles and �xtures on the south side of the subject property shall be
removed during Phase 1 of the proposed project or by June 15, 2010, whichever
comes first.
13. Truck route serving all buildings proposed for site shall follow a one-way counter
clock-wise loop entering from west entrance of site and exiting the east entrance of
site; revised site plan reflecting such change to be submitted for staff approval prior
to second reading of ordinance. No truck loading will be allowed on 57t`' Avenue.
14. All lighting shall be no more than 3-foot candles at the property line.
15. Site Plan must be redrawn to relocate outdoor sale areas to a location off of an
access drive aisle. Fence design around the outdoor sa/es area shall be reviewed
and approved by City staff prior to issuance of a building permit for Phase 2A. If the
/oss of parking or snow storage space resulting from use of the outdoor sale area
creates a parking shortage, the outdoor sale areas use must remain solely for
parking.
16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored
pavement to accommodate safe pedestrian movement between the retail buildings.
17. The petitioner shall comply with any requirements set forth by the Anoka County
Highway Department.
18. The petitioner shall comply with any requirements set forth by the Minnesota
Department of Transportation.
19. No firework displays shall occur within the outdoor sa/es areas.
20. No fertilizer shall be stored outside.
21. Access to Holiday Station store and CVS Pharmacy shall be maintained during
construction.
22. Bike racks shall be provided on site per code requirements.
23. Design detail shall be provided for the main sidewalk running north and south in the
parking lot.
24. Speci�c areas shall be designated for snow storage and a plan shall be submitted
showing those areas, prior to issuance of a building permit for Phase 1.
25. The petitioner shall submit a comprehensive sign plan to be attached to the General
Plan for Development.
26. Applicant will have to provide a specific stormwater conveyance and treatment
system plan for approval by Engineering for each development phase prior to
construction commencement. An approved plan may include facilities that have not
been shown on plans to date.
27. Applicant will have to provide a specific temporary and permanent erosion control
plan for approval by Engineering for each development phase prior to construction
commencement. An approved plan may include facilities that have not been shown
on plans to date.
28. Access easements for the stormwater collection system, stormwater treatment
facilities, and sanitary sewer and water systems will be provided to the City of Fridley
as approved by Engineering prior to construction commencement.
29. Maintenance agreements for the stormwater collection system, stormwater treatment
facilities, and sanitary sewer and water systems will be provided to the City of Fridley
as approved by Engineering prior to construction commencement.
30. As part of a maintenance agreement for the stormwater collection system, a
permanent SWPPP will be submitted for the site and approved by Engineering to
include consideration for treatment facility maintenance, minimization of
contaminated runoff from garden center areas, truck dock areas, snow storage
areas, etc. This will be provided prior to construction commencement.
31. Applicant will have to provide a specific utility plan for approval by Engineering for
each phase prior to construction commencement. An approved plan may include
facilities that have not been shown on plans to date. Note that inclusion of
restaurants, cafes, or dining areas of all types will require external grease traps
approved by Engineering on respective sanitary sewer discharge lines.
32. The traffic study shall be revised to show traffic impacts to the site and surrounding
road network for a restaurant use or restaurant use with the drive-thru within Retail A
and Retail 8. Upon completion the petitioner shall provide revised traffic data to the
City, County and Mn/DOT for approvals.
�
�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
William W. Burns, City Manager PW10-015
James Kosluchar, Public Works Director
February 22, 2010
Approval of Leases for Water Tower #1, Water Tower #2, and Marion Hills
Reservoir with Clear Wireless, LLC.
Clear Wreless, LLC contacted the City of Fridley some months ago in regard to a possible lease for
telecommunications equipment on the City of Fridley's Water Tower #1 (Commons Park), Water Tower
#2 (Highway 65), and Marion Hills Reservoir (Johnson Street NE). Clear Wreless is currently building a
4G WMAX mobile internet wireless network. The goal of their network is to provide increased internet
bandwidth with larger area coverage, as no wi-fi hotspots are required. Clear networks are established
in cities in Texas, the Pacific Northwest, the Carolinas, and in Chicago.
Clear Wireless is requesting lease agreements for three City of Fridley sites, and are permitting three
additional (non-City) sites. Transmitting data with this system requires a combination of directional
antennas and dishes. Clear Wreless will require a panel at each site, along with a maximum of six
antennas and dishes.
Our standard lease rates are geared toward a minimum charge accommodating 9 antennas and
substantial communications shelters. We have prorated this charge for 6 antennas/dishes and smaller
communications panels. Each site would start at $1350 per month. Clear Wreless will commit to a CPI
adjustment with a minimum 4% escalator.
Modifications to our standard agreement are minimal, and include the ability of Clear Wreless to delay
their first payment until construction start. The term of each agreement is for five years, with four five
year extensions, as is standard language in our leases.
All three site agreements are identical aside from location.
Staff recommends the City Council approve the terms of the attached revised lease with Clear Wreless,
LLC for Water Tower #1, Water Tower #2, and the Marion Hills Reservoir. Since all three agreements
are identical with the exception of location, we have attached one, and would ask that the City Council
approve of them as individual items.
JPK/jpk
Attachment
TOWER SITE LEASE AGREEMENT
BETWEEN
THE CITY OF FRIDLEY, MINNESOTA
AND
Clear Wireless, LLC.
TOWER SITE LEASE AGREEMENT
THIS TOWER SITE LEASE AGREEMENT ("Lease") is made and entered into as of the
22nd day of February, 2010, by and between the City of Fridley, a municipal corporation
("Landlord"), and Clear Wireless, LLC, a Nevada Limited Liability Company ("Tenant").
AGREEMENTS
1. PREMISES
Landlord owns certain property legally described on exhibit a("Property"). Landlord
leases to tenant, and tenant leases from Landlord, the portion of the Property legally described on
Exhibit "B" ("Premises"). Landlord also grants Tenant the access Easement and Utility
Easement described in Section 5 of this Lease on, over, under and upon the adjacent land of
Landlord.
2. USE
The Premises will be used for the purpose of installing, constructing, maintaining,
repairing, operating, altering, inspecting, expanding, adding to and removing Tenant's
communications equipment, including, but not limited to the following:
2.1 Any and all antenna(s), dish(es) and/or grids as Tenant may deem appropriate.
2.2 Transmission lines and mounting and grounding hardware.
2.3 A concrete pad and equipment cabinet(s) containing, without limitation,
telecommunications equipment consisting of base station(s), wireless communication equipment,
switch(es), power supply(ies), battery(ies), and accessories.
For the purpose of this Lease, all of Tenant's equipment, antennas, dishes, lines,
switches, power supplies, batteries, accessories, and the necessary appurtenances will be referred
to herein collectively as the "Communications Facility".
The above-described concrete pad, equipment cabinet(s), equipment contained therein,
and lines and equipment may be installed by Tenant or by any of Tenant's agents or contractors.
Tenant has the right to make alterations to the Communications Facility from time to time as
Tenant determines to be necessary or desirable. The installation of any addition to the
Communications Facility, or other equipment or property owned by Tenant that is intended to be
located on the Premises, shall not occur without the prior notice to and approval of the Landlord,
which shall not be unreasonably withheld, conditioned or delayed without reasonable cause
stated to the Tenant in writing.
3. TERM
2
3.1. Primary Term.
The primary term ("Primary Term") of this Lease shall commence upon the date Tenant
begins construction of the Communication Facility or twelve (12) months following full
execution, whichever first occurs
3.2. Extended Term
Tenant is granted the option to extend the Primary term of this Lease for four (4)
additional periods of five (5) years each ("Extended Term"), provided Tenant is not then in
default under this Lease. Each of Tenant's options to extend will be deemed automatically
exercised without any action by either party unless Tenant gives written notice of its decision not
to exercise any option(s) to Landlord before expiration of the then current term.
��.� �1►Y Y
Tenant agrees to pay rent to Landlord monthly in advance beginning on the
Commencement date an amount equal to One Thousand Three Hundred Fifty Dollars ($1350.00)
for attaching up to six antennas and/or dishes to the tower which base amount will be increased
annually by an amount equal to the increase in the Consumer Price Index (CPI), but by no less
than four percent (4%).
The CPI shall mean the "Consumer Price Index" for All Urban consumers, All Cities, All
Items (1984=100%), as published by the United States Department of Labor statistics, or if such
index shall e discontinued, the successor index as mutually agreed upon by the parties. To
determine the annual rental increase to be paid by Tenant under the CPI adjuster, the annualized
rental for previous year shall be multiplied by a percentage figure, computed from a fraction, the
numerator of which shall be the CPI for the third quarter of the preceding year and the
denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such
fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be
multiplied by the previous year's rent. Rent will be paid to Landlord at its address designated in
Section 8.
5. ACCESS AND UTILITIES
Subject to prior review and approval by Landlord of drafted plans or designs for access
over any such lands, rights-of-way or easements, which approval shall not be unreasonably
delayed, conditioned or withheld, Landlord grants to Tenant, for use by Tenant, its employees,
agents contractors and by utility companies, an easement and license over, under, upon and
across the adjoining lands of Landlord, and rights-of-way or easements owned or leased by
Landlord, on a twenty-four (24) hour daily basis, for (i) ingress and egress to and from the
Premises and the Communications Facility (the "Access Easement"), and (ii) the installation,
operation and maintenance of necessary utilities for the Premises and the Communications
Facility (the "Utility Easement"). If reasonable in Tenant's opinion, such Access Easement and
Utility Easement will be over and lie within e�sting roads, parking lots and/or roads hereafter
established by Tenant. Tenant may improve the Access Easement by grading, graveling and/or
paving. The Access Easement, to the extent further identified, is more particularly described on
3
Exhibit C, and the Utility Easement, to the extent further identified and not lying within the
Access Easement, is more particularly described on Exhibit D. Tenant will notify Landlord of
any change in the particular location of any Access Easement or Utility easement, if such differs
from the descriptions on Exhibit C and D hereto.
6. UTILITIES
Tenant will be solely responsible for and promptly pay all charges for gas, electricity,
telephone service, or any other utility used or consumed by Tenant on the Premises. If
necessary, Tenant will have a meter installed at the Premises for Tenant's utility use, and the cost
of such meter and of installation, maintenance, and repair thereof will be paid for by Tenant.
Tenant may install or improve existing utilities servicing the Communications Facility and may
install an electrical grounding system or improve any existing electrical grounding system to
provide the greatest possible protection from lightning damage to the Communications Facility.
7. HOLDING OVER
If Tenant holds possession of the Premises or any portion thereof after the date upon
which the Premises are to be surrendered, Tenant will become a tenant on a month-to-month
basis upon all the terms, covenants, and conditions of this Lease except those pertaining to the
Lease term and, during any such month-to-month tenancy, Tenant will pay monthly rent as per
Section 4. Tenant will continue occupying the Premises from month-to-month until terminated
by Landlord or Tenant by the giving of thirty (30) days' prior written notice to the other.
8. NOTICE
All notices or demands are deemed to have been given or made when delivered in person
or mailed by certified, registered, or express mail, return receipt requested, postage prepaid,
United States mail, and addressed to the applicable party as follows:
Landlord: City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Attention: City Manager
Phone #: 612-572-3506
Fax #: 612-571-1287
Tenant: Clear Wireless LLC
Attn: Site Leasing
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425.216.7600
Fax: 425.216.7900
Email: siteleasin�(cr�,clearwire.com
with a copy to: Clear Wireless LLC
0
Attention: Legal Department
4400 Carillon Point
Kirkland, WA 98033
Telephone: 425.216.7600
Fax: 425.216.7900
A party may change its address to which any notice or demand may be given by written
notice thereof to the other party.
9. LIABILITY AND INDEMNITY
Tenant agrees to indemnify and save the Landlord harmless from all claims (including
costs and expenses of defending against such claims) arising from any breach of this Lease by
tenant, or any negligent act, negligent omission or intentional tort of Tenant or Tenant's agents,
employees, contractors, invitees or licensees occurring during the term of this Lease in or about
the Premises. Landlord agrees to indemnify and save Tenant harmless from all claims (including
costs or expenses of defending against such claims) arising from any breach of this Lease by
Landlord, or any negligent act, negligent omission or intentional tort of Landlord or Landlord's
agents, employees, contractors, invitees, licensees. The provisions of this Section 9 will survive
the termination of this Lease.
10. TERMINATION
10.1. In addition to the right to terminate granted in Section 11 of this Lease, Tenant has
the right to terminate this Lease at any time upon any of the following events:
10.1.1. Upon providing Landlord ninety (90) days prior written notice; or
10.1.2. If the approval of any agency, board, court, or other governmental
authority necessary for the construction and/or operation of the Communications Facility
cannot be obtained, or is revoked, or if Tenant determines the cost of obtaining such
approval is prohibitive; or
10.1.3. If Tenant determines that the Premises are not appropriate for locating the
Communications Facility for technological reasons, including, but not limited to, signal
interference.
10.2. Tenant will give Landlord thirty (30) days written notice of termination of this
Lease under the terms of section 10.1.2. and 10.1.3. above. Upon termination, neither party will
owe any further obligations under this Lease except for the indemnities and hold harmless
provisions in this Lease, the provisions of Section 20 of this Lease, the prompt reimbursement of
pro-rata prepaid rent and Tenant's responsibility for removing all of the Communications Facility
from the Premises and restoring the Premises to its condition as of the commencement date of
this Lease.
11. DEFAULT
5
If Tenant fails to comply with any material provision of this Lease, including, without
limitation, failure to maintain the Premises and the Communications Facility in a manner
consistent with public health and safety or causing or permitting a nuisance on the Premises, and
such failure is not cured within thirty (30) days after receipt of written notice thereof from
Landlord, Landlord may, at its option, terminate this Lease without affecting its right to sue for
al past due rentals and any other damages to which Landlord may be entitled. If any such default
cannot reasonably be cured within thirty (30) days, Tenant will not be deemed to be in default
under this Lease if Tenant commences curing such default within the thirty (30) day period and
thereafter diligently pursues such cure to completion. If Landlord is entitled to collect damages
or otherwise remedy such default, and if Landlord seeks enforcement of its rights through an
attorney or other legal procedures, Landlord is entitles to collect, in addition to any other
amounts owed, is reasonable costs and attorneys' fees thereby incurred.
If Landlord fails to comply with any material provision of this Lease, and such failure is
not cured within thirty (30) days after receipt of written notice thereof from Tenant, Tenant may,
at its option, cure the failure at Landlord's expense (which expense may, at Tenant's option, be
deducted from rent) or terminate this Lease without affecting its right to demand, sue for, and
collect all of its damages arising out of Landlord's failure to comply. If any such default cannot
reasonably be cured within thirty (30) days, Landlord will not be deemed to be in default under
this Lease if Landlord commences curing such default within the thirty (30) day period and
thereafter diligently pursues such cure to completion. If Tenant is entitled to collect damages or
otherwise remedy said default, and if Tenant seeks enforcement of its rights through an attorney
or other legal procedures, Tenant is entitled to collect, in addition to any other amounts owed, its
reasonable costs and attorneys' fees thereby incurred.
The rights and remedies stated in this Lease are not exclusive and the parties, in the event
of a breach of this Lease or a dispute, are entitled to pursue any of the remedies provided in this
Lease, by law, or by equity.
No course of dealing between the parties or any delay on the part of a party to exercise
any right it may have under this Lease will operate as a waiver of any of the rights provided
hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of
any subsequent default, and no express waiver will affect any term or condition other than the
one specified in such waiver and the express waiver will apply only for the time and manner
specifically stated.
12. TAXES
Unless separately billed to Tenant by a taxing authority, Tenant will pay annually to
Landlord an amount equal to any increase in real estate taxes directly attributable to any
improvement to the Premises made by Tenant. Tenant will pay to Landlord Tenant's share of
any such tax within sixty (60) days of receipt of sufficient documentation indicating calculation
of Tenant's share and payment of the real estate taxes by Landlord. Landlord must pay annually
when due all real estate taxes and assessments attributable to the Premises, the Access Easement,
the Utility Easement, and the tax lot(s) of which they are a part. Upon written request by Tenant,
Landlord will furnish evidence of payment of such assessments and taxes.
0
13. INSURANCE
13.1. Required Insurance of Tenant
During the term of this Lease and at Tenant's sole expense, Tenant will obtain and keep
in force, not less than the following insurance:
13.1.1. Property insurance on Communications Facility, including coverage for
fire, extended coverage, vandalism and malicious mischief, and damage resulting from
structural failure of the Landlord's tower in an amount not less than ninety percent (90%)
of the full replacement cost of the Communications Facility;
13.1.2. Commercial General Liability insuring operations hazard, independent
contractor hazard, contractual liability, and products and completed operations liability,
in limits not less than $5,000,000 combined single limit for each occurrence for bodily
injury, personal injury and property damage liability, naming Landlord as an additional
insured; and
13.1.3. Workers' Compensation and Employer's Liability insurance.
13.2. Required Insurance of Landlord
Landlord must, during the term of this Lease and at Landlord's sole expense, obtain and
keep in force, the following insurance:
13.2.1. Property insurance, including coverage for fire, extended coverage,
vandalism and malicious mischief on the site, in an amount not less than 90% of the full
replacement cost of the Site (excluding, however, the Communications Facility); and
13.2.2. Commercial General Liability insuring operations hazard, independent
contractor hazard, contractual liability and products and completed operations liability, in
limits not less than $600,000 combined single limit for each occurrence for bodily injury
and property damage liability, naming Tenant as an additional insured.
13.3. Policies of Insurance
Tenant's required insurance policies must be taken out with reputable national insurers
that are licensed to do business in the jurisdiction where the Premises are located. Landlord's
required insurance policies must be taken out with the League of Minnesota Cities Insurance
Trust. Each party will deliver certificates of insurance to the other party upon request. All
policies must contain an undertaking by the insurers to notify the other party in writing not less
than fifteen (15) days before any material change, reduction in coverage, cancellation, or
termination of the insurance.
14. (RESERVED)
15. FIXTURES
7
Landlord covenants and agrees that no part of the improvements installed, constructed,
erected or placed by Tenant on the Premises or other real property owned by Landlord will be or
become, or be considered as being, affixed to or a part of Landlord's real property; and any and
all such provisions and principles of law to the contrary notwithstanding, it is the specific
intention of Landlord to covenant and agree hereby that all personal property and improvements
of every kind and nature installed, constructed, erected, or placed by Tenant on the Premises, or
other real property owned or leased by Landlord, will be and remain the property of Tenant
despite any default or termination of this Lease and may be removed by Tenant any time in
Tenant's discretion provided that Tenant at its expense restores the Premises pursuant to Section
10.2.
16. MEMORANDUM OF AGREEMENT
After preparation of the legal descriptions of the Premises, Access Easement and Utility
Easement, each party, at the request of the other, will sign a Memorandum of Lease and
easements. Tenant, at its sole expense, may record the Memorandum of Lease and Easements in
the land records of the recording office(s) responsible for notice purposes.
17. ASSIGNMENT AND SUBLETTING BY TENANT
Tenant shall have the right to sublease or assign its rights under this Lease by giving
notice to Landlord in the manner described in Section 8, within the following limitations. If
tenant sublets to another tenant having a lease with the City of Fridley for a communications
facility (Other Tenant), and if that Other Tenant reduces the amount of equipment and their
existing lease amount or requests termination of their lease, Tenant shall pay the difference in the
existing rate of the Other Tenant's lease to the City of Fridley for the duration of Other Tenant's
lease in force at the time of the reduction or termination.
18. PERMITS
Landlord acknowledges that Tenant will be contacting the appropriate local governmental
agencies for the purposes of obtaining all building permits and approvals, zoning changes and/or
approvals, variances, use permits, and other governmental permits and approvals (collectively,
"Permits") necessary for the installation, construction, operation and maintenance of the
Communications Facility. Landlord agrees to fully cooperate with Tenant in obtaining the
Permits and, without limiting the generality of the foregoing, to execute any applications, maps,
certificates or other documents that may be required in connection with the Permits.
19. DEBT SECURITY
Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of trust or
security deed, assign, create a security interest in, or otherwise execute and delivery any and all
instruments for the purpose of securing bona fide indebtedness any or all of Tenant's interest in
this Lease, or any part thereof, and any and all of Tenant's right, title, and interest in and to any
and all of the Communications Facility. Promptly on Tenant's or Tenant's lender's request,
Landlord shall execute and deliver, and shall assist in facilitating the execution and delivery of,
all documents requested by any of Tenant's lenders including but not limited to waivers of
0
Landlord's right to levy or distrain upon for rent any of tenant's property given as security for a
debt, consents that none of the Communications Facility shall become fixtures, consents to
giving notice to Tenant's lender(s) in the event of tenant's default under the provisions of this
Lease, consents to Tenant's assignment to any lender(s) of any and all of tenant's interest in or to
this Lease and the Communications Facility and nondisturbance agreements from Landlord and
Landlord's lenders. Tenant shall reimburse Landlord for any reasonable costs incurred in the
execution and delivery of any documents, as well as any other expenses resulting from an
obligation incurred as the result of this Section.
20. ENVIRONMENTAL MATTERS
Landlord represents that, to the best of its knowledge, the Premises, Access Easement and
Utility Easement and any existing improvements thereon, are free of hazardous substances, toxic
substances and/or contamination (collectively, "Hazardous Substances"). Landlord agrees that it
will not introduce or use any Hazardous Substances on the Site in violation of any applicable
law.
Tenant will indemnify, protect, defend and hold harmless Landlord from and against all
claims, suits, actions, causes of action, assessments, losses, penalties, costs, damages and
expenses, including, without limitation, attorneys' fees, sustained or incurred by pursuant to any
federal, state or local laws, implementing regulations, common law or otherwise dealing with
matters relating to Hazardous Substances released by in, upon or beneath the Premises, Access
Easement or Utility Easement.
21. FENCES
During the Primary Term and each Extended Term, Tenant may fence in that portion of
the Premises as Tenant determines is reasonable for the proper and efficient operation and
protection of the Communications Facility, upon review and approval by Landlord of plans for
such fence, which approval will not be unreasonably withheld, conditioned or delayed.
22. TITLE
Landlord represents and warrants to Tenant that Landlord has good and marketable title
to the Premises, Access Easement and Utility Easement, free and clear of all liens, encumbrances
and exceptions, except those described in Exhibit E attached hereto, of duration and quality equal
to that conveyed to Tenant by this Lease. Landlord shall warrant and defend the same to Tenant
against the claims and demands of all persons and entities.
23. CONDEMNATION OF PREMISES
If any governmental, public body or other condemning authority takes, or if Landlord
transfers in lieu of such taking, all or part of the Premises, Access Easement or Utility Easement
thereby making it physically or financially infeasible for the Premises to be used in the manner
intended by the Lease, Tenant shall have the right to terminate this Lease effective as of the date
of the taking by the condemning party and the rental shall be prorated appropriately. If only a
portion of the Premises, Access Easement or Utility Easement is taken, and Tenant does not elect
to terminate this Lease under this provision, then the Lease shall continue but rental payments
0
provided under this Lease shall abate proportionately as to the portion taken which is not then
usable by Tenant, and Landlord shall make all necessary repairs and alterations to restore the
portion of the Premises, Access Easement and Utility Easement remaining to as near their former
condition as circumstances will permit (at a cost not to exceed Landlord's proceeds from said
condemnation or transfer).
In the event of any condemnation, taking or conveyance in lieu thereof which results in a
termination of the Lease, Landlord will not be entitled to that portion, if any, of an award made
to or for the benefit of Tenant for loss of Tenant's property, moving expenses, or for damages for
cessation or interruption of Tenant's business.
24. QUIET ENJOYMENT
Landlord covenants that Tenant, upon paying the rent and observing the other covenants
and conditions herein upon its part to be observed, will peaceably and quietly hold and enjoy the
right to use the Premises, Access Easement and Utility Easement on the terms and conditions and
for the purposes stated herein during the term of this Lease, as it may be extended, without
hindrance, ej ection or molestation by Landlord or any person(s) or entity(ies) claiming under the
Landlord.
25. CONTINGENCIES
Not anything contained herein to the contrary, and in addition to and not in limitation of
Tenant's other rights hereunder, it is expressly agreed that Tenant's obligations under this Lease
are conditioned upon:
25.1. Tenant's satisfaction with the status of title to the Premises and, at Tenant's option,
Tenant's receipt of a leasehold title insurance policy insuring its leasehold interest in the
Premises, in form and substance satisfactory to Tenant. Landlord shall execute the standard form
of title company affidavit in order to enable Tenant to obtain title insurance on the Premises free
and clear of all exceptions other than those which have been disclosed in writing to Tenant and
which do not interfere with tenant's use of the Premises; and
25.2. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility of
engineering, installing, constructing and operating the Communication's Facility: Tenant's
receipt of al necessary or appropriate building and construction permits and all licenses, permits,
approvals and consents from all applicable governmental authorities necessary or appropriate for
Tenant to use and operate the Communication's Facility on the Premises.
25.3 Tenant's receipt of an accurate and executed W-9 Form from Landlord.
Tenant is hereby given the right to survey; soil test; radio coverage test, and to conduct
any other investigations needed to determine if the surface and location of the Premises are
suitable for Tenant's use intended by this Lease.
26. INTERFERENCE
10
Landlord will not permit or suffer the installation, existence and maintenance of any other
improvement (including, without limitation, transmission or reception devices) upon the Property
if such improvement interferes with transmission or reception by Lessee's Communications
Facility in any manner whatsoever, except installation, existence and maintenance by the
Landlord of facilities or equipment associated with the maintenance and operation of municipal
utilities or other municipal services at the site.
27. ITEMS TO BE DELIVERED TO TENANT
Within ten (10) days following a request from Tenant, Landlord shall, to the extent
available, deliver to Tenant an accurate copy of all, environmental audits relating to the
Premises.
28. COMPLIANCE
Landlord represents and warrants that all operations conducted by Landlord in connection
with the Property meet all applicable state, federal, county and local codes and regulations.
Landlord agrees that it will conduct its operations in the future in accordance with all such codes,
mortgage, deed of trust or other instrument encumbering the Property in order for Tenant to
construct, operate, maintain or access the Communications Facility.
During the term of this Lease, Tenant will comply with all applicable laws relating to
Tenant's use of the Premises. Tenant will not commit or suffer to be committed any waste on
the Premises or any nuisance.
29. LIENS
Tenant shall keep the Premises free from any liens arising out of any work performed,
materials furnished or obligations incurred by or on behalf of Tenant and shall indemnify, defend
and hold Landlord harmless from all claims, costs and liabilities, including reasonable attorneys'
fees and costs, in connection with or arising out of any such lien or claim of lien. Tenant shall
cause any such lien imposed on the Premises to be released of record by payment or posting of a
proper bond within thirty (30) days after written request by Landlord. .
30. SUBORDINATION
Tenant agrees that this Lease shall be subject and subordinate to any mortgages or deeds
of trust now or hereafter placed upon the Premises and to all modifications thereto, provided that
Tenant's possession of the Premises shall not be disturbed so long as Tenant continues to
perform its duties and obligations under this Lease and Tenant's obligation to perform such
duties and obligations shall not e in any way increased or its rights diminished by the provisions
of this paragraph. Tenant agrees to attorn to the mortgagee, trustee or beneficiary under any such
mortgage or deed of trust, and to the purchaser in a sale pursuant to the foreclosure thereof;
provided that Tenant's possession of the Premises shall not be disturbed so long as Tenant shall
continue to perform its duties and obligations under this Lease.
31. ENTIRE AGREEMENT AND BINDING EFFECT
11
This Lease and any attached exhibits and nondisturbance and attornment agreement(s)
mentioning this Lease, constitute the entire agreement between Landlord and Tenant; no prior
written promises or prior contemporaneous or subsequent oral promises or representations will
be binding. This Lease will not be amended or changed except by written instrument signed by
the parties hereto. Section captions herein are for convenience of reference only and neither
limit nor amplify the provisions of this Lease. The invalidity of any portion of this Lease shall
not have any effect on the balance thereof. The provisions of this Lease shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors, and assigns of
Landlord and Tenant.
32. GOVERNING LAW
This Lease shall be governed by the laws of the state in which the Premises are located.
IN WITNESS WHEREOF, Landlord and tenant have signed this Lease as of the date and
year first above written.
TENANT:
Clear Wireless, LLC, a Nevada
Limited Liability Company
I�
Name:
Title:
Date:
12
LANDLORD:
The City of Fridley, a Municipal corporation
:
Name:
Title:
Date:
Federal Tax Identification Number
(Please complete — Tcrx ID # required)
�
�
CffY OF
FRIDLEI'
TO:
From:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
February 22, 2010
PW10-014
Resolution withdrawing special assessment for Project ST2008-01 on Anoka County
property
The Street Improvement Project ST2008-01 included reconstruction of streets citywide, including curb and
gutter, grading and base, and pavement. A portion of this project, mainly completed in 2008, was funded by
special assessments to befitting property owners. Curb and gutter and associated improvement elements
were assessed in accordance with the City of Fridley's assessment policies.
Notices of proposed assessments were mailed per legal requirements to all owners subject to assessment.
The City of Fridley was contacted by Anoka County Parks staff after the certification process was completed
regarding assessment to a parcel located at 6890 Channel Road (PIN 13-30-24-21-0019). Anoka County
Parks staff advised that the notice for this parcel was not routed to them until after certification of
assessments, and they indicated their contention that the property being assessed does not receive special
benefit from the project. They indicated that this parcel is dedicated park land, is not subject to
development, and does not have direct access to Channel Road.
Engineering staff believed that the paved area shown in the attached aerial photo was intended to provide
maintenance access to the property. Anoka County Parks staff indicated that this is not the case, and the
paved area is rather an encroachment upon park property.
While there is no legal requirement to withdraw the special assessment applied to this property, Engineering
staff recommends that the special assessment in the amount of $9,182.04 against this parcel is withdrawn
in good faith and spirit of cooperation, as we understand Anoka County's reasoning for this request. It is
notable that other Anoka County properties were assessed for this project and have been paid in full.
Staff recommends the City Council move to approve the attached resolution authorizing the City Clerk to
withdraw the certification of this property's special assessment for Street Improvement Project ST2008-01.
JPK:jpk
Attachments
f�� City of Fridley - CivicSight Map
� �.>
MAP LEGEND: PARCEL INFORMATION:
CENTERLINES PIN - 1 3302421 001 9
Owner Info:
CITY LIMITS Name 1- ANOKA COUNTY OF
Name 2 -
WATER Owner Address - 325 EAST MAW ST
Owner CSZ - ANOKA, MN 55303-0000
❑ PARCELS Site Address - NE
Legal Description: LOT 3 BROOKVIEW ADD, EX PRT PLATTED
AS VALLEY VIEW MANOR, SUBJ TO EASE OF REC LOT 3
BROOKVIEW ADD, EX PRT PLATTED AS VALLEY VIEW
MANOR, SUBJ TO EASE OF REC
Map Scale: 1 inch = 100 feet
Map Date: 2/17/2010
Data Date: January 7, 2010
Sources: FRIDLEY GIS
ANOKA COUNTY ASSESSOR'S OFFICE
Disclaimer:
Copyright OO 2007 Pictometiy International Coip.
Creation Date: Apr 17, 2008 10:24
Modification Date: Sep 16, 2008 22:37 Scale: 1 inch = 100.0 feet
2008 STREET IMPROVEMENT PROJECT
FINAL ASSESSMENT ROLL
CITY PROJECT NO. ST 2008-1
PIN Taypayer's Name Address Assessment
3-30-24-31-0041
3-30-24-31-0047
3-30-24-31-0113
3-30-24-31-0114
3-30-24-31-0122
3-30-24-42-0001
10-30-24-41-0028
10-30-24-41-0029
10-30-24-41-0030
10-30-24-41-0031
10-30-24-41-0033
10-30-24-41-0035
10-30-24-41-0055
10-30-24-44-0013
10-30-24-44-0014
10-30-24-44-0015
10-30-24-44-0016
10-30-24-44-0017
10-30-24-44-0018
10-30-24-44-0019
10-30-24-44-0020
10-30-24-44-0021
10-30-24-44-0022
10-30-24-44-0039
10-30-24-44-0040
10-30-24-44-0041
10-30-24-44-0042
10-30-24-44-0043
12-30-24-13-0016
12-30-24-13-0018
12-30-24-13-0065
12-30-24-13-0069
12-30-24-13-0083
12-30-24-13-0084
12-30-24-13-0085
12-30-24-13-0086
12-30-24-13-0087
12-30-24-13-0091
13 30 24 21 0014
..�. �.,. —�..
13-30-24-21-0016
13-30-24-21-0019
PETERSON LAURA
SEFEROVIC TARIK
JORGENSON LESLIE & PATRICIA
FERNANDEZ ELEAZAR & JOSEPHINE
DAUGHERTY STEPHEN J& KIM I
KLISMITH MICHAEL F& RACHEL C
GOMEZ ENRIQUE
MII,E HIGH PROPERTIES LLC
KNUDSEN JOEL
PERSAUD PRISCII,LA D
PUY VATHANA
SCHILLING THOMAS A& PAMELA J
SELIN DAVID A& RACHEL A
ANOKA COUNTY OF
NORTHOME PARTNERSHIP
ANDREWS GEORGE F& NANCY JO
MOHAMED ASHA
PIERCE PATRICIA
FETROW ROBERT T& FRANCES A
SWANSON KEVIN J
GENOSKY THOMAS D& DORIS A
RASMUSSEN KIRK A& BETH C
SCHI,EISS BENJAMIN V
FOREMAN D& MCCANN M TRUSTEES
BODEN TRAVIS C& MATTSON N R
ANDERSON JOEL R& ROBIN S
MCGUIRE JAMES J& SUSAN ANN
BERRY HARLAND
BOATMAN ROSHELLE
LABRECHE J W& H BETH
HUB JAMES C& TERESA A
MONTENEGRO DORY
AMERICAN LEGION POST #303
HOUSING CORP FOR SHADDICK ETAL
MARBEN PATRICIA R
YANG CHER & LEE PAI
KARN EDWARD EMNIETT SR
CIRCLE CREEK LLC
KNIGHT ANDREW W
ANOKA COUNTY OF
& PETEI� G J
13-30-24-21-0030 OLSEN FLOYD W& BARBARA A
13-30-24-21-0034 NORTH AIR HOME ASSOCIATION
13-30-24-21-0050 NORTH AIR HOME ASSOCIATION
Page 2
7939 E RIVER RD
7969 E RIVER RD
305 LIBERTY ST
303 LIBERTY ST
300 LIBERTY ST
7905 E RIVER RD
7135 E RIVER RD
7129 ASHTON AVE
7125 ASHTON AVE
7119 ASHTON AVE
7115 ASHTON AVE
7109 ASHTON AVE
7107 ASHTON AVE
7099 HICKORY DR
7091 HICKORY DR
7083 HICKORY DR
7075 HICKORY DR
7067 HICKORY DR
7061 HICKORY DR
7053 HICKORY DR
7043 HICKORY DR
7035 HICKORY DR
7027 HICKORY DR
7092 HICKORY DR
7084 HICKORY DR
7076 HICKORY DR
7068 HICKORY DR
7030 HICKORY DR
1335 ONONDAGA ST
1381 ONONDAGA ST
1395 ONONDAGA ST
1365 ONONDAGA ST
7361 CENTRAL AVE
1360 ONONDAGA ST
1366 ONONDAGA ST
1382 ONONDAGA ST
1390 ONONDAGA ST
7401 CENTRAL AVE
6899 CHANNEL RD
6889 CHANNEL RD
6831 HWY 65
6831 HWY 65
$ 1,645.50
$ 1,710.71
$ 1,430.00
$ 858.00
$ 429.00
$ 2,194.05
$ 601.37
$ 608.26
$ 593.36
$ 608.71
$ 561.89
$ 582.35
$ 557.78
$ 2,513.40
$ 2,722.71
$ 1,446.56
$ 1,408.32
$ 1,365.20
$ 1,324.34
$ 1,431.72
$ 1,630.94
$ 1,484.10
$ 1,484.10
$ 1,799.08
$ 1,634.78
$ 1,485.32
$ 1,484.10
$ 1,484.10
$ 1,825.79
$ 1,309.50
$ 1,396.80
$ 2,095.20
$ 10,196.75
$ 1,309.50
$ 1,309.50
$ 1,309.50
$ 1,746.00
$ 8,884.18
$ 1,864.90
� 1,44�.1�
$ 9,182.04
$ 1,746.00
$ 2,858.58
$ 16,028.80
RESOLUTION NO. 2010 -
A RESOLUTION AUTHORIZING THE CITY CLERK TO WITHDRAW THE
CERTIFICATION OF CERTAIN SPECIAL ASSESSMENT FOR STREET
IMPROVEMENT PROJECT ST2008-01
BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows:
WHEREAS, the City Council of the City of Fridley, Minnesota, has previously assessed
the following described property for Street Improvement Proj ect ST2008-01 in
Resolution 2008-54, adopted on the lOth day of November, 2008:
LOT 3 BROOKVIEW ADDITION, EXCEPT PORTION PLATTED AS
VALLEY VIEW MANOR, PIN #13-30-24-21-0019; and
WHEREAS, the above property, presently owned by Anoka County, is dedicated as part
of Locke Park, maintained by the Anoka County Parks Department; and
WHEREAS, Anoka County has indicated this previous special assessment is upon
property that receives no benefit due to park dedication covenants preventing its
development; and
WHEREAS, due to administrative error, Anoka County did not file an appeal on the
aforementioned special assessment within the allowed timeframe, and
WHEREAS, representatives of the Anoka County have requested that the City of Fridley
agree to withdraw said special assessment against the described property, and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FRIDLEY, MINNESOTA:
The City Council hereby finds that the land enumerated in said previously
certified special assessment, is not specially benefited by the special
assessment in the amount set, and that said special assessment levied against
the land herein described is withdrawn; and
2. Said withdrawal of special assessment previously certified upon the subj ect
property is affirmed, adopted and confirmed, and such withdrawal shall be
certified to the County by the City Clerk and filed in the City Clerk's office
and shall thereupon be and constitute the special assessment upon said land
for Street Improvement Proj ect ST2008-01; and
3. The City Clerk is hereby directed to withdraw the previous certification on the
above described land and to make up and file in the office of the County
Auditor of Anoka county, Minnesota, as certified statement of the amount of
all such unpaid special assessments, as changed and altered above; and
4. The City Council finds that the withdrawal of this special assessment is a fair
and equitable adjustment and it would be in the best interest of the City of
Fridley to adopt said special assessment in its amended form.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS DAY OF , 2010.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
February 22, 2010
Award of ST2009 - 02 Street Rehabilitation Project
PW10-010
On Tuesday, December 29, 2009, at 10:00 am, bids were opened for the 2009-02 Street
Rehabilitation Project. Fifteen sets of plans and specifications were sent out and seven
bids were received.
This project was advanced forward to 2010 in order to apply for Federal funding through
the grant program "American Recovery and Reinvestment Act" (ARRA). The City received
a grant in the amount of $262,500 to be applied to this project. The project is essentially a
mill and overlay with adjacent sidewalk upgrades at the intersections along 61St Avenue,
West Moore Lake Drive, and East Moore Lake Drive. The western terminus is Starlite
Boulevard and the eastern terminus is Central Avenue.
The low bid was received from Northwest Asphalt Inc. of Shakopee, MN, in the amount of
$518,660.86. The high bid received was $609,387.81. The most recent construction cost
estimate performed by Engineering was $496,608.29 in October, 2009.
The original budget was estimated to be $463,000. Cost increases beyond the original
budget were mostly due to asphalt price increases, additional concrete work at pedestrian
ramps, and the street sign replacement.
Asphalt pavements costs increased due to a substantial increase in the price of oil
on the world market. Oil prices impact the production and transportation of the
asphalt.
2. Concrete work costs increased as MNDOT required that the adjacent pedestrian
ramps meet ADA requirements as this is a Federally funded project. Typically City
staff decides what pedestrian upgrades are required adjacent to the City projects.
3. Street signs are mandated to meet Federal retro reflectivity standards by 2015.
Staff determined this would be an opportunity to receive low bid prices.
Funding for this project is derived from several sources including Federal, State, special
assessments, and utility funds. Nearly half of the project is funded through ARRA in the
amount of $262,500. This grant will be applied to non-assessable construction items such
as concrete work, signage, and non-assessable pavement areas (schools, parks, etc.).
Special Assessment funding is estimated in the amount of $183,000. Special assessments
were calculated using the City's assessment policy for major roadway maintenance. The
residential properties will be assessed approximately $1400 per property for a total of
$28,000. The commercial properties will be assessed between $36 and $40 per lineal foot
for a total of $155,000. Final assessment costs will be calculated at the completion of the
project and assessed in the fall of 2010.
Utility funding from sewer and water will pay for about $19,000 in utility upgrades. Work will
include catch basin casting replacement, gate valve repair, pavement and boulevard
restoration, and miscellaneous items.
The balance of the project will paid using funds from the Minnesota State Aid account. The
fund will be applied against construction items such as striping, curb and gutter, median,
and other items. The amount is estimated to be $78,800. Final amountwill be determined
at the completion of the project.
Please refer to the attached summary sheet for a more specific breakdown of costs and
funding sources, which also compares the preliminary budget to the revised budget. Also,
please find the bid tabulation attached which includes the results of all bids that were
received.
Recommend the City Council receive the bids and award the 2009 Street Improvement
Project No. ST. 2009 - 02, to Northwest Asphalt, Inc. of Shakopee, MN in the amount of
$518,660.86.
LO/J P K:
Attachments
ST2009-02
Pro�osed Contract Award
Bid Costs
The preliminary estimated cost (per the feasibility report) for the entire project and the revised project
costs reflecting changes per the bids received are as follows:
Component
Street Reconstruction
Water and Sewer Utility Repairs
Bicycle / Pedestrian Accessibility
Surveying, Design, Administration[1]
Material Testing [2]
TOTAL
7/27/09 Bud�eted Cost 12/29/09 Bid Cost
$ 397,000.00 $ 433,038.36
$ 16,000.00 $ 19,054.00
$ 50,000.00 $ 66,568.50
$ 0 $ 20,000.00
$ 0 $ 5,000.00
$ 463,000.00 $ 543,660.86
[1] In house construction surveying and engineering costs are estimated
[2] Laboratory material testing is required by 1VINDOT and costs are estimated
Fundin� Sources
Similarly, the funding sources are updated as follows:
Funding Source
Special Assessments
Federal Funds (ARRA)
State Funds (MSAS)
Sanitary Sewer Fund
Storm Sewer Fund
Water Fund
TOTAL
7/27/09 Funding Source
$ 193,000.00
$ 254,000.00
12/29/09 Revised Funding
$ 183,000.00
$ 262 500.00
$ 0 $
$ 10,000.00 $
$ 3,000.00 $
$ 3,000.00 $
$ 463,000.00 $
�
78,766.86
11,405.00
4,604.00
3,385.00
543,660.86
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CffY OF
FRIDLEI'
TO:
From:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 22, 2010
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
February 22, 2010
PW10-009
Approve Joint Powers Agreement Number 2010-0510 with Anoka County
Mississippi Street and Rice Creek Road Resurfacing under Project ST2010-01
In 2009, the City of Fridley requested that Anoka County consider accelerating resurfacing of
portions of Mississippi Street and Rice Creek Road in concert with the City's planned 2010 street
rehabilitation program. Anoka County agreed to the concept, and recognized that there would be
savings to complete this work in concert.
In recent years, we have noticed that the surface quality of these roadway segments is poor. The
road rating for Mississippi Street compares with the lowest 2% of streets Citywide, and Rice Creek
Road is in the bottom 10% of Citywide ratings. These segments would be high priorities in our
pavement preservation program.
According to the attached Joint Powers Agreement (JPA), the estimated cost of $330,000 for
the County's mill and overlay work will be reimbursed to the City. This work is for
improvements to Mississippi Street, Central Avenue, and Rice Creek Road. In addition,
ancillary improvements such as storm sewer inlet and piping repair, striping, and traffic signal
loop detectors are included in the project. The City would be reimbursed the cost of
construction and 8% for contract administration through this Joint Powers Agreement with
Anoka County.
The project is currently under bid, with award expected in the next month. This agreement is in
accordance with the project budget prepared in the feasibility report for Project ST2010-01.
Maintenance responsibilities for the roadways remain the same as in the existing maintenance
agreement.
Staff recommends the City Council move to approve the attached Joint Powers Agreement with
Anoka County for roadway improvements of CSAH 6(Mississippi Street NE and Rice Creek
Road NE) and County Road 106 (Mississippi Street NE), in the City of Fridley.
JPK:jpk
Attachment
Anoka County ContractNo.2010•0510
JOINT POWERS AGREEMENT FOR ROADWAY IMPROVEMENTS OF
CSAH 6(MISSISSIPPI STREET NE AND RICE CREEK ROAD NE)
AND COUNTY ROAD 106 (MISSISSIPPI STREET NE),
IN THE CITY OF FRIDLEY
ANOKA COUNTY PROJECT NO. 10-01-00
CITY OF FRIDLEY PROJECT NO. ST2010-01
THIS AGREEMENT is made and entered into this day of , 2010 by and between the
County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota
55303, hereinafter referred to as "County" and with the City of Fridley, 6431 University Avenue NE, Fridley,
MN 55432, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to improve
County State Aid Highway (CSAH) 6(Mississippi Street NE and Rice Creek Road NE) and County Road
(CR) 106 (Mississippi Street NE) as soon as possible; and,
WHEREAS, said parties mutually agree that CSAH 6(Mississippi Street NE from Trunk Highway 65 to
Old Central Avenue and Rice Creek Road NE from Old Central Avenue to Stinson Boulevard) and County
Road 106 (Mississippi Street from Old Central Avenue to Stinson Boulevard) are in need of resurfacing; and,
WHEREAS, Anoka County has jurisdiction over CSAH 6(Mississippi Street NE and Rice Creek Road NE)
and County Road 106 (Mississippi Street); and,
WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and,
WHEREAS, the City has included a proj ect in its 2010 Capital Improvement Proj ect budget for neighboring
local street resurfacing and has prepared design plans and contract documents for said project; and,
WHEREAS, the County has indicated maintenance funds are available to pay for the portion of this project
under County jurisdiction; and,
WHEREAS, both the City and County would likely benefit in construction costs savings through
construction under a mutual project; and,
WHEREAS, Minn. Stat. §471.59 authorizes political subdivisions of the state to enter into joint powers
agreements for the joint exercise of powers common to each.
NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED:
I. PURPOSE
The parties have joined together for the purpose of resurfacing the asphalt pavement on CSAH 6 and CR
106. The City project number for the reconstruction is City of Fridley Project No. ST2010-01. Said
engineering plans numbered Proj ect No. ST2010-01 are filed in the office of the City of Fridley Engineering
Division and incorporated herein by reference.
IL METHOD
The City shall provide all engineering services and shall cause the construction of City of Fridley Project No.
Anoka County ContractNo.2010•0510
ST2010-01 in conformance with State Aid engineering plans and specifications. The City shall do the calling
for all bids and the acceptance of all bid proposals.
III. COSTS
The contract cost of the work, or if the work is not contracted, the cost of all labor, materials, normal
engineering costs, and equipment rental required to do the wark shall constitute the actual "construction" and
shall be so referred to herein. "Estimated costs" are good faith projections of costs which will be incurred for
the proj ect. Actual costs may vary and those will be the costs for which the relevant parties will be
responsible.
The County is responsible for the full cost of the resurfacing construction on CSAH 6 and CR 106, including
any ancillary work, as detailed in E�ibit "C", attached. The estimated cost of the total proj ect is
$800,787.06 as shown in E�ibit "A", of which Anoka County's cost of construction is estimated to be
$329,814.18. This includes construction engineering in the amount of 8% of the construction costs.
IV. TERM
This Agreement shall continue until terminated as provided hereinafter.
V. DISBURSEMENT OF FUNDS
All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity
pursuant to the method provided by law.
VL CONTRACTS AND PURCHASES
All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance to
the State laws.
VIL STRICT ACCOUNTABILITY
A strict accounting shall be made of all funds and report official receipts and shall be made upon request by
either party.
VIIL TERMINATION
This Agreement may be terminated by either party at any time, with or without cause, upon not less than
thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail,
it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect
to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of
termination. The County shall pay its pro rata share of costs which the City incurred and contracted for prior
to such notice of termination.
IX. NOTICE
For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County
Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and
to the City of Fridley, 6431 University Avenue NE, Fridley, MN 55432, on behalf of the City.
X. INDEMNIFICATION
The City and County mutually agree to indemnify and hold harmless each other from any claims, losses,
costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or
employees relating to activities conducted by either party under this Agreement.
2
Anoka County ContractNo.2010•0510
XL ENTIRE AGREEMENT REQUIREMENT OF A 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
thereo£ 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.
3
CITY OF FRIDLEY,
MINNESOTA
i:
Scott 7. Lund
Mayor
Dated:
ATTEST:
By:
Dr. William W. Burns
City Manager
Dated:
RECONIN�NDED FOR APPROVAL
I:
James Kosluchar
Public Works Director/City Engineer
Anoka County ContractNo.2010•0510
COUNTY OF ANOKA,
MINNESOTA
By:
Dennis D. Berg, Chair
Board of Commissioners
Dated:
ATTEST:
By:
Terry L. Johnson
County Administrator
Dated:
RECONIN�NDED FOR APPROVAL:
:
Douglas W. Fischer, P.E.
County Engineer
APPROVED AS TO FORM AND EXECUTION: APPROVED AS TO FORM AND EXECUTION:
By: By:
Fritz Knaak Dan Klint
City Attorney Assistant County Attorney
�
Anoka County ContractNo.2010•0510
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�raek, st�mped, cca�rocrete, c�r lands�ping, tt�� Icacal e�nit wili pay the ��diti�arr�i cc�st abc,v�± �h2 cc�st pf stand�rd me�ian.
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tn the �v�n# na �tate A�d is h�ir�g used, +�r i�r #kre e��nt the sta�� a,id ietter d�xes r�t?t detecxnine ccrsi sp�it perce�tages, draan�ge �ost shares wi�l be
carnpvked lay the �rr�pcsrtir�n o# ca�t�ibuling E��xw cauk5id� t}�e Gnun�y r�ght c�� wa�+ t4 tl�� tcrtal cqn�ra�iuting flr�w.
�nc�i�eerrn� sh�il h� paid kry the lead P+ger�cy exc�pt #hat a�ay par€RGipatin� agency wi�i p�y ct��struc�ita� engi�ee�ing �n �he ar�ro�r�! a� 8�fo o6 the
c.nr�struc�i�ar� �c�s#� p�rd �y that �g�ncy.
`4 !n the ever�t tfi��t €E�e Townst�yp c�r �wiy req�ae�fs pur�has� of nght-af-uv�y �n �xcess af Rhose rig��-rt�f-ways r�q��r�d by Cc�unty ccanstructi�n, the
Tow�s�ip c�r Gity partica�aate� t�a the �xte�t an �gr�ern�ni can ia� react�ed i� t�ese properk�es. Fcar irrs3ance, a T�w�st�ip c�r Csty r�say r�q��st a
sid�:wakk he ctir�st�rcfe�f �langsici� � Gts�anfy rcaadway which wtauld r�quire ��id€t#t�r��i right-of-way, in which �ase the 7ownsh�� car City r�taY P�Y
f4r t�ak p€ar#ican aF the righf-af-way. Acyu��it�€sn €�f rFghi-c+f-way fs�c new alignen�nts sFaall k�� th� res�cansibility oFt�e T�wnsha� �r Ci#y �n r�hict� the
alagnrraent as 1a�t�d� This prtavasa�ta may b� wa�ved i�p agrsemerat w`r�� �he Gc�ut�ty 8csar�! if k#�e rcr�dway repl�s�s �n existing aiigraen�r�i �rrc� th�
�t�ca� unPt vf go+re rnr�r�€�k tak�s jurisd�c#ion csf €t�at axrstir�g aligr�€n�nt. 0r� add��trn, �tty c�+sts, €nc#utiir�g rtgdtt c�f w�y e�sts, incut€eci i�y i�e Cot�nty
�ee��ts� a�cawnsirip ar �ify �id n€�t a�:qui�e sufficoant right-�af-�vay de�ring tM€� pl�ttEng prcr�ss or red�ve�flprne�tk p��ceess as r�qu��k�d hy t�e
�QUnky s�a��l be, �Said by the Ts�v�nship ca€ Gity.
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�
Anoka County ContractNo.2010•0510
EXHIBIT "C"
It is agreed that the plans dated February 5, 2010 have been reviewed and accepted by the parties are suitable for
preparation of final construction documents. Any significant changes made hereafter to the Project will require approval
by the parties as an amendment to this Agreement. These same changes will require a change in the cost share to include
any additional design engineering cost that may occur. For purposes of this e�ibit, the Project includes work that is
proposed on CSAH 6 and CR 106, as described herein. Costs will be shared in accordance with E�ibit "B", except as
specifically outlined herein.
RESURFACING: The parties agree that construction of the Project is to provide a resurfacing for CSAH 6 and CR 106.
The project will include a 2" mill and gyratory mix overlay, replacement tape markings at intersections, and painted line
striping outside of intersections. The Project will require milling between June 8th and August 15th, paving within 72
hours of milling, milling into side streets limited to a few feet.
TEMPORARY TRAFFIC CONTROL: The parties understand and agree that traffic will be maintained on CSAH 6
and CR 106 insofar as practical during the Project. The construction will be done in stages and constructed under traffic.
County will provide a traffic control plan to be used during construction on CSAH 6 and CR 106. Costs related to
Project mobilization and temporary traffic control will be shared on a pro-rata basis based on cost shared for all other
items.
TRAFFIC SIGNAGE: County will prepare a signage plan and determine whether to incorporate into Project plans or to
install signage independent of the Project. County shall be responsible for all costs associated with traffic signage.
TRAFFIC SIGNALS: The parties agree that the traffic signal loop detectors on Mississippi Street at Trunk Highway 65
will be replaced as part of the Project. County shall be responsible for cost of replacement. No other work relating to
traffic signals is considered as part ofthe Project.
DRIVEWAYS: The parties agree that no driveways will be reconstructed as part of the Project.
SIDEWALKSBIKEWAYS: The project does not include any bikeway or sidewalk improvements.
LANDSCAPING/STREETSCAPING: No Landscaping/Streetscaping will be included in this Project.
UTILITIES: Utility adjustments within the Project area required for resurfacing will be paid for by Utility Owner.
DRAINAGE: County will provide an itemization of specific repairs to the drainage system to be incorporated into the
project. The County shall pay for a percentage of the cost of the storm sewer system, and their outlet structures. The
County portion of the cost is based on contributing flow to the storm sewer system determined by the product of the
contributing area and runoff coefficient. The parties understand and agree that the maintenance of catch basins and catch
basin leads shall be the sole responsibility of County. The parties understand and agree that the maintenance of the trunk
line storm sewer shall be the soul responsibility of the City.
PERMITS: The parties agree that the City will secure all necessary permits for this Project.
GEOMETRICS / RIGHT OF WAY: County is to provide preliminary intersection layout including crosswalks and
islands at Rice Creek Road and Central Avenue. This may be incorporated into the project based upon mutual
agreement. The parties agree that there is no Right-of-Way required for this project. No alignment or layout changes are
to be made outside exterior curbing.
ENGINEERING: The City will provide design engineering and construction engineering/contract administration for
this Project. County shall reimburse the City for construction engineering in the amount of 8% of the construction costs
allocated to County. County will provide construction special provisions for incorporation into contract documents as
7
Anoka County ContractNo.2010•0510
mutually agreed to.
PERMITS: The City shall acquire all necessary permits for construction thru the design process. Applicable party shall
pay any costs associated w/obtaining said permits.
BIDDING: The Project is to be bid with the City's local street project in 2010 (City of Fridley Project Number ST2010-
O1).
ASSESSMENT: County has elected not to assess benefitting property owners in accordance with Minn. Stat. §429.
This decision by County will not interfere with the City's ability to assess benefitting properiy owners for any
improvements associated with City of Fridley Project Number ST2010-01.
:
� AGENDA ITEM
� CITY COUNCIL MEETING OF FEBRUARY 22, 2010
�ff1' 4F
FRIDLE7`
INFORMAL STATUS REPORTS