03/08/2010 - 4559�
� CITY COUNCIL MEETING OF MARCH 8, 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.
PROCLAMATION:
Minnesota FoodShare Month — March, 2010
PRESENTATION:
Springbrook Day Nature Camps
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 22, 2010
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission
Meeting of February 17, 2010 ............................................................................ 1- 8
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Final Plat Request, P.S. #09-05, by Premier
FMC, LLC, on Behalf of Unity Hospital, to
Replat Property to Allow the Creation of a New
Lot to Allow for the Construction of a New Medical
Clinic/Office Building, Generally Located at
Osborne Road and Fifth Street (Ward 1) ........................................................... 9- 10
3. Receive Bids and Award Contract for the 2010
Sanitary Sewer Lining Project No. 394 .............................................................. 11 - 12
4. Resolution in Support of an Application to
Conduct Off-Site Gambling by the Lions Club
of Fridley at Commons Park and Community
Park from June 24 to June 27, 2010, During the
Fridley '49er Days Events .................................................................................. 13 - 14
5. Claims ....................................................................................................... 15
6. Licenses ....................................................................................................... 16 - 17
7. Estimates ....................................................................................................... 18
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 3
OLD BUSINESS:
8. Second 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) .......................................................................................................... 19
NEW BUSINESS:
9. Approve Contract for Towing, Impounding and
Storage of Motor Vehicles between the City of
Fridley and Schmit Towing, Inc . ...................................................................... 20 - 27
10. Preliminary Plat Request, P.S. #10-01 by Hansen
Thorp Pellinen Olson, Inc., on Behalf of Wal-Mart,
to Allow the Creation of a New Lot to be Located
on the North Side of the Property, Generally Located
at 8450 University Avenue N.E. (Ward 3) ...................................................... 28 - 33
11. Special Use Permit Request, SP #10-02, by Hansen
Thorp Pellinen Olson, Inc., on Behalf of Wal-Mart, to
Allow the Relocation of the Existing Garden Center
from the East Side of the Existing Building to the
Northwest Side of the Building, Generally Located
at 8450 University Avenue N.E.
and
Resolution Approving Special Use Permit, SP #10-02,
for Wal-Mart, Generally Located at 8450 University
Avenue N. E. (Ward 3) .................................................................................... 34 - 37
12. Informal Status Reports ..................................................................................... 38
ADJOURN.
�
Proclama�ion
M�esot� Fo�dSbarre �Ilor�t�fi
March, Zoso
WHEREAS, hunger exists in communities even in the best of economies; and
WHEREAS, nearly half of hungry Minnesotans are children twelve years old and younger; and
WHEREAS, the fastestgrowing groups ofhungryMinnesotans are senior citizens; and
WHEREAS, the effects of hunger in the life of an individual or family can range from poor health and
slowed recovery from injury and illness to poor performance at school and at work,� and
WHEREAS, the impact of this on lives and communities can be devastating; and
WHEREAS, food shelves in Minnesota distribute millions of pounds of food annually to ease the effects
of hunger; and
WHEREAS, food shelf visits remain at record highs, increasing each year; and
WHEREAS, the SACA food shelf in southern Anoka County has also seen significant numbers of those in
need; and
WHEREAS, the Minnesota FoodShare March Campaign is responsible for acquiring more than half the
food distributed annually through food shelves and depends upon the participation of businesses, civic
groups, schools, congregations and individuals in every community;
NOW, THEREFORE, BE IT RESOLVED, that I, Robert L. Barnette, Mayor Pro Tem for the City of
Fridley, hereby proclaims the month ofMarch, 2010, as
Minnesota FoodShare Month
in the City ofFridley, and urges residents to donate food items and/or funding to their local food shelf.
IN WITNESS WHEREOF, I have set my hand and
caused the seal of the City of Fridley to be affixed this gth
day ofMarch, 2010.
Robert L. Barnette, Mayor Pro Tem
CITY COUNCIL MEETING
CITY OF FRIDLEY
FEBRUARY 22, 2010
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Saefke
Councilmember Bolkcom
Councilmember Barnette
MEMBERS ABSENT: Councilmember Varichak
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
James Kosluchar, Public Works Director
Scott Hickok, Community Development Director
Hugh Robinson, Executive Vice President for Tri-Land Properties
Rob Viera, Clear Wireless, LLC
PRESENTATION:
Annual National Pollutant Discharge Elimination System (NPDES) Review of Fridley's
Stormwater Pollution Prevention Plan (SWPPP) for 2009.
James Kosluchar, Public Works Director, stated the NPDES (National Pollutant Discharge
Elimination System) stormwater authority legislation by the federal government is delegated to
the State of Minnesota through the MPCA. Fridley is an MS4, which is a municipal separate
stormwater system incorporating physical characteristics such as ditches, curbs, gutters, storm
sewers, and similar means of collecting the main runoff that do not collect to a wastewater
collection system or treatment plant. The City of Fridley has issued its own permit under the
State of Minnesota's permit.
Mr. Kosluchar said in 2008, Fridley received a reauthorization of its MS4 permit which has
been extended for five years. The heart of the permit is a stormwater pollution prevention
program, which has six minimum control measures that are part of the program. This is the
completion of Fridley's seventh year under the NPDES program. Fridley has been very
proactive over the years in the implementation of a stormwater program even prior to regulatory
requirements to do so.
Mr. Kosluchar stated the first minimum control measure is public education and outreach. In
2009, the City of Fridley broadcasted 272 programs related to stormwater including 101 that are
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 2
specific to stormwater pollution prevention. The City distributed printed materials to the public,
such as bookmarks, Mississippi River and Springbrook Watershed brochures, and stormwater
educational calendars at City buildings and events (such as recycling drop-offs). The City
continues to do the stormwater inlet labeling program. The City attaches a plastic disc within the
concrete when it has the opportunity to do so along street rehabilitation work The City also
developed an educational program for good housekeeping for our own municipal operations.
Mr. Kosluchar said the second control measure is public participation and involvement. Rain
gardens are part of this, and the City planted four new rain gardens in 2009 with the street
rehabilitation project. This is an activity that involves the participation of residents. If people do
desire to have a rain garden, the City tries to educate them on what a rain garden is and how to
take care of it. The City will provide for the curb cut and reinstall the curbing to allow for the
rain garden, depending on the circumstances.
Mr. Kosluchar stated this meeting is also part of the minimum control measure as it allows
public information and comment.
Mr. Kosluchar stated MCM3 is illicit discharge detection elimination. The City accomplishes
this through several activities, including mapping of our storm sewer system. It continues to
work to add information on private systems to our database and maps, and staff does still find
some of our own system corrections that need to be done from the old as-built drawings. The
City also maintains an illicit discharge ordinance prohibiting the dumping of hazardous materials
into the storm drainage system or waterway which is enforceable as a public nuisance. It also
developed an inspection program for good housekeeping for its municipal operations, and staff
does annual outfall inspection and cleaning. This year it was in the northwest area of town.
Mr. Kosluchar said the City also identifies non-stormwater discharge and flows, and staff is
working on wash water discharge with properties which is an ongoing activity right now.
Construction site runoff control is one of the more time-consuming and probably immediately
beneficial MCM's that the City enforces. The City has an erosion control ordinance that was
approved by the City Council in 2006. Our construction compliance requires use of best
management practices by contractors such as silt testing, temporary ponding, concrete washout
areas, and soil stabilization. The City maintains its own proj ects in that fashion. The 2009
projects that were fairly large include the Northstar station, Minneapolis emergency operation
training facility, and the Totino-Grace renovations.
Mr. Kosluchar said the City also has post-construction stormwater management as part of its
minimum control measures. The City maintains compliance with development ordinances. City
staff reviews plans and ensures that stormwater management systems are going to perform in as
good a fashion as the existing condition. The City requires stormwater management agreements
to be filed with large development and redevelopment owners, and it requires them to grant
access easements to the City for correction if that is ever needed.
Mr. Kosluchar stated the last minimum control measure is pollution prevention and
housekeeping for municipal operations. The City does annual treatment device cleaning. These
are stormceptors (basically catchments for grit). The City has a pretty intense street sweeping
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 3
program. Staff had about 680 hours of street sweeping last year. It removed about 3,400 yards
of material from our streets. In addition, it did some storm sewer cleaning last year along 61st
and removed 13-14 yards of sediment out of that piping system. The City also reduced the
amount of sand applied to roadways. In 2009, it was about 50 percent less than three years prior.
That reduced the amount of spring sweeping required and the amount of solids passing down the
stormwater system.
Mr. Kosluchar stated there is a new draft MS4 permit which will apply to the City and will go
into effect in 2011. There will be more requirements, including moving toward the role as being
the enforcement arm for stormwater quality. TMDL's are being developed right now, including
probably the most famous one in this area, the Lake Pepin TMDL which will affect the City.
These TMDL studies define waste load allocations to impaired waters, and Fridley will have to
abide by those waste load allocations. We will see additional requirements in the future,
possibly including monitoring.
Mr. Kosluchar stated sediment disposal controls are on the horizon with testing of existing pond
deficiencies and testing for disposal of sediments. Additional costs are coming to comply with
the added rules and permit requirements.
Councilmember Bolkcom asked about half of sweepings being sand applied to roadways, what
makes up the other half.
Mr. Kosluchar replied leaves, organic matter, and grass clippings.
Councilmember Bolkcom stated if we all kept our leaves in our own yards that would help.
Mr. Kosluchar replied, absolutely, and actually that is a requirement of ordinance as well, to
maintain any kind of yard debris within your property and to dispose of it properly.
Councilmember Bolkcom asked if the additional costs would be unfunded.
Mr. Kosluchar replied correct.
Mayor Lund asked where the City was dumping its street sweepings.
Mr. Kosluchar replied at Bunker Hills Park Anoka County has a facility there for composting.
Mayor Lund asked if the sand and dirt was mixed in with the composting.
Mr. Kosluchar replied, the sand and the dirt are actually screened on-site at the Public Works
garage, and we re-use the sand and dirt.
Councilmember Barnette asked why Lake Pepin affected us.
Mr. Kosluchar said it affects us because the Mississippi River flows through Lake Pepin. The
Mississippi River is also the receiving water from all of the City's drainage. Fridley is not
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 4
singled out in these requirements. Columbia Heights will be a part of it and our neighboring
cities to the north, south, to the west, and probably many to the east as well.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of February 8, 2010 (amended minutes with resolution numbers
added.)
Councilmember Bolkcom said she would like the minutes to indicate that she arrived at the
meeting at 8:20 p.m.
APPROVED AS AMENDED.
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 Avenue N.E. (Ward 3).
William Burns, City Manager, stated the Spring Lake Youth Hockey Association currently
conducts other lawful gambling at Nicklow's in Spring Lake Park and Time Out in Blaine. Staff
has conducted a background investigation for the gambling manager and found no reason to deny
the application. A new state law passed last July changes the term of the premise permit from
two years to perpetual. This means the license will remain in effect until one of the parties
terminates the contract with Broadway Pizza or until the State's charitable gambling control
board suspends or revokes the permit. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2010-14.
2. Resolution Ordering Advertisement for Bids: 2010 Miscellaneous Concrete Repair
Project No. 395.
William Burns, City Manager, stated this is an annual concrete repair program for City streets.
The repairs include repairs to curbs and streets and occur as a result of utility breaks,
deterioration of streets or driveway reconstruction. The City has budgeted $45,000 for this work
which he believes is the same amount the City budgeted for 2009. Staff expects to open bids on
March 16 and to bring this to Council at their March 29 meeting. Staff recommends Council's
approval.
ADOPTED RESOLUTION NO. 2010-15.
3. Approve Change Order No. 4 for 2008 Street Improvement Project No. ST2008-01.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 5
William Burns, City Manager, stated the work was done on Siverts Lane in 2009 after being
held over due to right-of-way issues in 2008. The change order is for Midwest Asphalt
Corporation in the amount of $15,281.50. The final cost for this project is $2,365,590.72. Staff
recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
4. Approve Joint and Cooperative Agreement for the Formation and Administration
of the Anoka-Hennepin Narcotics and Violent Crimes Task Force.
William Burns, City Manager, stated this agreement describes the work of a multi-agency task
force whose main obj ective is to gather evidence and apprehend drug traffickers in the
geographic area as represented by its members. The task force has been in existence since 1996.
The agreement was last amended in 2001. The agreement formalizes Fridley's role in providing
a sergeant who supervises the day-to-day work of the task force. Additionally, a new agreement
incorporates Columbia Heights as a member and eliminates the cities of Brooklyn Park and
Brooklyn Center which have left the Task Force. The current members include the cities of
Anoka, Blaine, Champlin, Coon Rapids, Fridley, Maple Grove, and Anoka County.
Dr. Burns stated the Task Force commander is a lieutenant from the Anoka County Sheriff's
Office. There are currently 11 full-time law enforcement officers who serve on the Task Force.
The Task Force is one of 20 multi-agency groups operating in Minnesota. It has the distinction
of ranking No. 1 among the 20 task forces in terms of arrests, felony charges filed, handguns
seized, arrests per $1,000 of grant funding, and arrests per full-time detective. Staff recommends
Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Claims (145125 —145255).
APPROVED.
6. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates:
Midwest Asphalt
5929 Baker Road, Suite 420
Minnetonka, MN 55345
2008 Street Improvement Proj ect No. ST2008-01
FINAL ESTIMATE ... ... ... ... ... ... ... ... ... ... ... ... ... $ 63,638.23
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 6
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 3 and 4 be removed from the consent agenda.
MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item
Nos. 3 and 4. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 3
and 4. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
There was no response from the audience under this item of business.
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).
Scott Hickok, Community Development Director, stated the City Council held a public hearing
on this item at its February 8, 2010, meeting. Staff recommends holding the first reading of the
ordinance and approving the rezoning.
Councilmember Bolkcom asked why the stipulations do not have actual dates in them.
Mr. Hickok said those dates will come with the planned development agreement that will
accompany the second reading of the ordinance at the next meeting. Those have to do with
phasing, start times, scheduling, specific plans. They will have the dates prior to the second
reading.
Councilmember Bolkcom asked if they have seen the agreement.
Mr. Hickok said it should be coming this week.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 7
Councilmember Bolkcom asked that a representative for the petitioner come forward as she had
a change in one stipulation. She referred to Stipulation No. 20. She would like to change it to
read, "No fertilizer shall be stored outside the store's principal building, nor shall any other
garden center materials be stored outside the garden center's fenced containment area."
Hugh Robinson, Executive Vice President for Tri-Land Properties, replied that should be fine.
They did have some conversation about small things within plastic containers of fertilizers, etc.
He asked whether this was intended to not let Cub do that, too.
Mr. Hickok stated there was some discussion regarding product you typically would have next
to the checkout.
Councilmember Bolkcom asked, such as Miracle Grow?
Mr. Robinson replied, yes.
Mr. Hickok stated, yes, things like that. It would be on a shelf and would be covered to protect
it from rain, etc. Besides that, any bags of fertilizers would have to be inside the store.
Mr. Robinson said they understand that.
Councilmember Bolkcom said as she previously discussed with him her other issue was about
run-off from watering the plants. He reassured her about how the runoff would be handled.
Mr. Kosluchar stated that is addressed in the stipulations. Basically they talk about the City's
stormwater pollution prevention program. They would need to develop a stormwater
management plan that would have to be approved by the City in order to store those kinds of
materials outside.
William Burns, City Manager, over the last couple of years, people have been led to believe that
a project is going to happen but it does not because the financing fell apart. He asked Mr.
Robinson, using a scale from 1 to 10, what are the prospects for their proj ect happening at all.
Mr. Robinson said that they are not immune to the current commercial real estate problems that
will continue to plague the country for some time to come. One of the advantages they have is a
new lease with Cub Foods for an extended period of time which is attractive even in today's
environment from a financing perspective. They will need to bring additional new equity capital
to the project, and they believe that it is eminently doable. This is not the project that is going to
happen overnight. There are a few things that have to happen, a whole series of phasing that has
to take place to get to the point before Cub can even actually start construction. They still have a
lot to do on the financing end.
Dr. Burns asked if they have raised any equity separate from the equity that Super Valu brings
to the proj ect.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 8
Mr. Robinson said they have plus or minus $6 million of existing equity into the deal at this
particular point of time.
Dr. Burns stated but at the same time they need new equity to build. Is any of that equity
around other than the Cub equity?
Mr. Robinson not at this point in time. They have successfully raised new equity for other
redevelopments they have under construction right now in Kansas City. They know what they
have to build as far as the City of Fridley is concerned. They are ten days or so away from
signing a letter of intent with Cub and proceeding with the lease negotiations. They hopefully
will be entering into negotiations with the City about the Fridley Liquor Store. Simultaneous
with that they will be working with both banks and their existing equity sources to put together a
financing package that will provide the capital necessary to complete the project. Cub is
bringing a significant amount of equity to the table as well. All of those pieces have to come
together for them to be able to make this happen.
MOTION by Councilmember Bolkcom to amend Stipulation No. 20 to read as follows: "No
fertilizer shall be stored outside the store's principal building, nor shall any other garden center
materials be stored outside the garden center's fenced containment area." Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading with the following 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
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 feet on the
front of the building to be completed within one year of the opening of the Cub
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 9
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 before 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 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 subj ect property shall be
removed during Phase 1 of the proposed proj ect 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 57tn
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 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 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 sales areas.
20. No fertilizer shall be stored outside the store's principal building, nor shall any
other garden center materials be stored outside the garden center's fenced
containment area.
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.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 10
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 a drive-thru
within Retail A and Retail B. Upon completion the petitioner shall provide
revised traffic data to the City, County and Mn/DOT for approvals.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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 Hills
Reservoir.
Mr. Kosluchar, Public Works Director, stated Clear Wireless, LLC contacted the City of
Fridley some months ago in regard leasing three sites: Fridley's Water Tower #1 at Commons
Park, Water Tower #2 on Highway 65, and the Marion Hills Reservoir on Johnson Street. Clear
Wireless intends to construct a 4G mobile internet wireless network The goal of their network
is to provide increased internet bandwidth with larger area coverage. They are requesting lease
agreements for the three Fridley sites and are permitting three additional non-city sites. Clear
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 11
Wireless 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 nine antennas and
substantial communications shelters. We prorated this charge for six antennae/dishes and
smaller communications panels. Each site would start at a rate of $1,350 per month under the
draft leases. Clear Wireless would commit to a CPI adjustment with a minimum 4 percent
escalator in addition to that. Modifications to our standard agreement are minimal thanks to the
City Attorney. The major change is the major inclusion of the ability of Clear Wireless to delay
our first payment until construction starts. Staff recommends Council's approval of the multiple
leases. These are basically identical agreements.
Councilmember Saefke asked whether this was part of the contemplated Anoka County
wireless proj ect.
Mr. Kosluchar said he did not believe so.
Councilmember Saefke asked if the County went ahead with their project, would they be
seeking leases on our towers.
Mr. Kosluchar replied, he did not know. They have not really discussed it although he knows
Fridley towers, just because of their physical location and height, are typically in demand in this
area.
Councilmember Saefke asked how much room do we have left on the towers if this is granted.
Mr. Kosluchar replied, Commons will have three leases, T-Mobile will be on there. We also
have TTM which is a small dish, these three, and the Metro Transit which has another small dish.
On Highway 65 these will be the second company there. It will be separate and there is no
problem with space. On Marion Hills, there is quite a bit of space up on top. Commons is
probably getting the most crowded.
William Burns, City Manager, said he heard from John Tomming at the County that they are
planning on completely revamping the dispatch center. He did ask if the County had any plans
for cell towers for the County, and there are no immediate plans for that.
Councilmember Saefke said he knows when Marion Hills was rebuilt, it was structurally
designed to support additional towers and stands. He was just wondering how much more room
we have on different locations.
Mayor Lund asked Mr. Kosluchar if he knew what the capacity was at the Commons Park site.
Mr. Kosluchar replied we do have additional space. As far as structural, part of the requirement
will be for them to perform a structural analysis and make that determination, which is going to
be a fairly significant task for Commons. There still is room on the top. On the rail, it is getting
a little bit crowded.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 12
Councilmember Saefke asked as far as future maintenance on any of these towers, when it
comes to painting, etc., does the City get contributions or is that just part of the monthly rent.
Mr. Kosluchar replied we do not get a contribution from the tenant for painting. The tenant, per
the agreement, basically removes their equipment and reinstalls the equipment at their own cost.
Councilmember Bolkcom asked about the three non-city sites.
Mr. Kosluchar said these are private sites that have permits for telecommunications facilities,
and they have permit requests in for those.
Councilmember Bolkcom asked but that is not part of this lease agreement?
Mr. Kosluchar said correct.
Councilmember Bolkcom asked with respect to them not actually paying rent until they
actually have them built, what in the agreement keeps them from waiting a year or two and tying
up a site the City could be getting rent for.
Mr. Kosluchar said the rent starts after 12 months, regardless of construction.
Councilmember Bolkcom stated in the meantime, they could tie up these three sites for 12
months without the City getting any rent.
Mayor Lund stated there is still space on those towers.
Councilmember Bolkcom asked if this is our normal agreement.
Mr. Kosluchar said he believes our normal agreement is within a date certain of being passed.
He thinks it is either upon the date of the agreement or 30 or 60 days.
Councilmember Bolkcom asked why it is being changed.
Mr. Kosluchar said it is the one thing they requested that is a material change to the agreement.
They requested a lot of things, but they ended up with this one modification.
Councilmember Bolkcom asked if they gave a reason.
Mr. Kosluchar said he thinks they are looking at cash flow and construction needs.
Councilmember Bolkcom said she is balking a little bit because we are not holding them to
something and they get a whole year to actually start paying rent. She likes the 4 percent of the
cost of living. A whole year to wait on something seems a little too long to her. Someone else
could come along and want those very same sites. To her they are just tying up sites all over and
they have a whole year to do something about it.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 13
Mayor Lund stated up to a whole year or until they start construction.
Councilmember Bolkcom replied, right, but up to a whole year they cannot pay and they have
tied up three sites. Everyone is fighting for these sites.
Mayor Lund stated he agrees, but we do still have capacity on the sites.
Councilmember
thing. She think
whole year.
Bolkcom said if they do it for this one, the next person could ask for the same
� they could negotiate something in between such as 0-6 months rather than a
Councilmember Barnette stated it sounds like that was part of the negotiations. They gave a
little, we gave a little, and this is what we came up with.
Councilmember Bolkcom stated it is similar to the last one where we had the whole thing
related to the cost of living and they wanted it bad enough. Does this agreement have to be done
tonight? Could we go back to them and say we would like to negotiate six months?
Mayor Lund asked if this type of equipment could be installed year-round.
Mr. Kosluchar replied, he thinks most of the equipment can be installed year-round. There is
some underground work with cabling, etc.
MOTION by Councilmember Bolkcom to table the approval of Tower Site Lease Agreements
between the City of Fridley and Clear Wireless, LLC, for Water Tower #1, Water Tower #2 and
the Marion Hills Reservoir. Seconded by Councilmember Barnette.
Rob Viera, Buell Consulting, Inc., stated the reason for the 12 months is because they are
building out a network and building on almost 600 different sites. It is hard to determine which
ones they are going to build out first. Some approvals take a long time to get done. They do not
necessarily need 12 months per se. He would be willing to reduce the amount of time to 9
months. He thinks some point during this calendar year is feasible. This system is different in a
sense that all these different sites have to communicate with each other. They have to have line
of sight. To devise an entire network in a seven-county area and have 600 different sites makes
it hard to determine where they are going to start this network and actually fill them all in.
Mayor Lund asked Mr. Viera if he has the authority to change the agreements to 9 months.
Mr. Viera said he does.
Councilmember Bolkcom asked why 9 months versus 6 months. They have never had this
before in all the agreements they have had in the past. There has never been anyone who has not
started paying right away.
Mr. Viera said Verizon already has a network in place. With Clear Wireless they are trying to
build out this entire network They need almost 600 different sites and it is so hard to plan which
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 14
ones are going to get approved first, built first, and work with each other. Some of these sites are
kind of moving targets, and the engineers are just constantly trying to develop this whole
network They just want a little more flexibility than is typical to kind of find a good time to
actually build out Fridley.
Councilmember Bolkcom said they have already established these are sites they want their cell
towers on.
Mr. Viera stated they are going to start in one city and then move to another. Just to coordinate
600 different sites, it is difficult to find the personnel to do that in a timely fashion. To have a
little flexibility is imperative for network buildout. Some of the agreements have almost two
years or just commence upon construction. He thinks the 9 months will work for them.
Councilmember Bolkcom asked if he is willing to start to pay in 6 months.
Mr. Viera replied, the agreements are not even signed yet which is going to take a while.
Councilmember Bolkcom replied but it will be 6 months after the agreement is signed.
Mr. Viera said they have to get a building permit so this could put them out another few
months--at least two.
Councilmember Bolkcom stated no one else has ever had a problem.
Mr. Viera replied, but nobody is doing what they are trying to do—build up an entire network in
a fairly quick timeframe.
Councilmember Bolkcom stated she would like to see this tabled and get a letter in writing
from them that they are agreeing to the nine months. She is not saying that Mr. Viera cannot
speak for this, but it is not an agreement between Mr. Viera and the City of Fridley.
Councilmember Barnette asked if they could get this all done by the March 8 meeting. He
asked Councilmember Bolkcom if that would be okay.
Councilmember Bolkcom replied, yes.
Mayor Lund asked Mr. Viera if a couple of weeks is going to slow them down.
Mr. Viera replied, it could. They are doing several of these now. They have to get these leases
done and then get building permits and try to get the whole network in place.
Councilmember Bolkcom said it is two weeks.
Mr. Viera stated they applied for these sites with Mr. Kosluchar back in October. They are
looking at late February and to get delayed another two weeks, it is time-sensitive to get this
network up and operational.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 15
Councilmember Bolkcom asked why something had not been done since October.
Mr. Viera stated they have been going back and forth with Mr. Kosluchar on the lease. It is
difficult to say, when you are trying to develop an entire network like this and have so many
different sites. They will accept 9 months, but six months would be difficult. If they say 6
months now and the leases get signed and it takes 3 months for a building permit, they would
only have a few months to actually start construction.
UPON A VOICE VOTE, COUNCILMEMBER BARNETTE AND COUNCILMEMBER
BOLKCOM AYE, AND MAYOR LUND AND COUNCILMEMBER SAEFKE VOTING
NAY, THE MAYOR DECLARED THE MOTION FAILED ON A 2 TO 2 VOTE.
MOTION by Councilmember Saefke to change the time limit from 12 months to 9 months or
until construction starts per agreement which will be done in writing. Seconded by
Councilmember Barnette.
Councilmember Bolkcom asked Mr. Kosluchar who he has been negotiating the leases with.
Mr. Kosluchar replied Mr. Viera.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND
COUNCILMEMBER SAEFKE VOTING AYE, AND COUNCILMEMBER BOLKCOM
VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 3 TO 1
VOTE.
MOTION by Councilmember Barnette to approve the Tower Site Lease Agreements between
the City of Fridley and Clear Wireless, LLC, for Water Tower #1, Water Tower #2 and the
Marion Hills Reservoir. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, AND
COUNCILMEMBER SAEFKE VOTING AYE, AND COUNCILMEMBER BOLKCOM
VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 3 TO 1
VOTE.
10. Resolution Authorizing the City Clerk to Withdraw the Certification of Certain
Special Assessment for Street Improvement Project No. ST2008-01.
James Kosluchar, Public Works Director, said the 2008 street reconstruction project was
partially funded by special assessments against benefiting properties for curb and gutter. A
parcel located at 6890 Channel Road was included in the assessment roll and subsequent
resolution certifying the assessment. Anoka County Parks owns and operates the property.
Notice was mailed to the County but it did not get forwarded to the proper person prior to the
assessment hearing. Anoka County staff indicated they believe no special benefit was received
by the property, and it was dedicated park land with no development allowed.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 16
Mr. Kosluchar stated City staff believed at the time the project was reviewed on the initial
assessment that the paved area abutting the property was intended to provide maintenance access
to the property. Anoka County Park staff indicated that this is not the case, and the paved area is
rather an encroachment upon park property. There is no requirement for the City to withdraw
the special assessment as requested by the County in the amount of $9,182.04. It is, however,
consistent with our special assessment policy to do so. Anoka County Park staff stated they are
working to alleviate the encroachment that exists on their property. Staff recommends Council's
approval.
Councilmember Saefke asked if it was the dead end portion of Channel Road.
Mr. Kosluchar replied correct.
Councilmember Saefke asked what part the City assessed.
Mr. Kosluchar said the City assessed the parcel based on the consideration it could be
developed at the end of the road. There could be a driveway permitted onto that property and
access onto that property through an easement agreement with the residential neighbor to the
east.
Councilmember Saefke asked what they used for footage.
Mr. Kosluchar said they took the end of street. They used an area benefit method. Sometimes
in cases like this, the land does not have the frontage but it would have some similar benefit to
frontages of other properties. They took the common properties on the west side and applied the
square footage amount onto that property.
Mayor Lund said he can eliminate some of the confusion. What they see is like a converted
driveway parking area that is the encroachment to the property owner to the immediate north.
He actually looked at this site today to try and figure it out. The property owner was out on the
street. He knows the gentleman, and he gave Mayor Lund a history of it. It is an encroachment
by the property owner. He said he told the property owner he should resolve the problem and
buy the property from the County where he has his driveway/parking lot. A lot of that area is
encroaching on the County's property. At some point when he wants to sell his property, he may
want to buy that. The owner said the County was amicable to that but made a suggestion that it
would be a lot of paperwork for them to do so. He assumed by the City's assessment that meant
the City did the asphalt. That improvement was made by the property owner.
Mayor Lund stated was wondering why the City should give them a deal and not assess them,
but he does not see where their property abuts the actual improved road. He was also wondering
why that whole area did not get a cul de sac because it probably makes it difficult for the City to
plow that street. He understands why the Council should not be assessed. There is no benefit.
Mr. Kosluchar said if this was a private parcel and the parcel had access to the roadway, it
would actually be benefiting from the project. The improvement gets them to and from the
property. Whether it is developed or not is up to the disposition of the property owner and, as
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 17
Mayor Lund said, a cul de sac could be in the future there. That is why they included them in the
area of benefit.
Mayor Lund asked Mr. Kosluchar if he felt the County should still be assessed.
Mr. Kosluchar replied, his understanding is the land is park and cannot be developed.
Mayor Lund said the County has not done anything about the encroachment. They are not
pushing to correct that encroachment, although there is a stake there where they did some
surveying to delineate the true property line from the property owner and the County. The
County did make them move a shed that has existed according to the property owner for 25
years.
Councilmember Bolkcom asked if this should be treated any different than other park
encroachments.
Mayor Lund replied, no. He said that he does not see, though, where the County is actually
benefiting. There is no footage on the road. It does give them some accessibility but the County
is not doing anything with the property.
Councilmember Bolkcom said that is not the City's issue.
Mayor Lund stated he does not see the benefit especially when there is no footage adjacent to
the road.
Mr. Kosluchar stated there are five other Anoka County properties on that proj ect and all of
those have been assessed and actually have all paid. So it is not a matter of whether it is an
Anoka County property or not.
Mayor Lund stated this one is not touching the road.
Councilmember Bolkcom said the County needs to correct that part themselves. It seems odd
that it is all totally done and now they are coming forward and saying they do not think they
should have to pay for that.
Mayor Lund stated he agreed.
Councilmember Bolkcom asked how the County found out about it.
Mayor Lund said they got the bill. He can see the County's reasons for asking it to be removed.
He asked Mr. Kosluchar if there was any discussion about any improvements on that road when
they were making improvements. In his presentation he said the County is working on
correcting this matter with the homeowner. That is contrary to what the homeowner told him.
Mr. Kosluchar stated it was his understanding that they were.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 18
Mayor Lund said he told the property owner that he should really push to rectify it now rather
than later. He would like the City to have some contact with them and make sure the two parties
get connected. He asked where the money would come from.
Mayor Lund asked where the money comes from.
Mr. Kosluchar stated the proj ect is paid for out of various accounts. We basically reimburse the
street reserve fund. It would come out that street improvement fund.
MOTION by Councilmember Saefke to adopt Resolution No. 2010-16. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
11. Receive Bids and Award Contract for the 2009 Street Improvement Project No.
ST2009-02.
James Kosluchar, Public Works Director, stated the 61st Avenue Mill and Overlay Project is the
rehabilitation project from Starlite Boulevard to Old Central on 61st Avenue and Moore Lake
Drive. This is the project that is partially funded by ARRA (American Recovery and
Reinvestment Act) stimulus funding. The workshops and hearing were held in the fall of 2009.
The original project budget was $463,000. Concrete work costs increased as MnDOT required
that adjacent pedestrian ramps meet ADA requirements, as this is a federally-funded project and
they were talking about the adjacent ramps to every corner along the resurfacing area. They also
have some additional work with street signs which are federally mandated for upgrade.
Mr. Kosluchar stated there was a bid letting on December 29, 2009. The City received seven
bids from $518,660.86 to $609,387.81. Northwest Asphalt of Shakopee, Minnesota, was the low
bidder and they have worked in Fridley previously on several proj ects including the 2004
neighborhood street reconstruction and resurfacings in 2005 and 2007. Since the City has held
the bid opening, it forwarded the results to MnDOT which has done reviews for concurrence due
to the federal dollars involved. Northwest Asphalt received their disadvantaged business
enterprise goal certification by MnDOT's civil rights office, and the civil rights office notified
the City of Fridley last week that it can award to Northwest Asphalt.
Mr. Kosluchar stated, looking at the bids received, staff did a reanalysis of special assessments
that are still in line for the proj ect at approximately $1,400. The lowest asphalt price notably was
provided by Northwest Asphalt. Staff wanted to make sure it was not imbalanced and would not
create an issue with the assessment.
Mr. Kosluchar stated the proj ect, if awarded, would require an additional State Aid contribution
of $78,800 for the added project elements they talked about before. Staff recommends the award
of this project. The next steps would be for staff to continue to process paperwork required by
the delegated contract process with the various MnDOT offices, MnDOT establishes a
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 19
reimbursement with FHWA, the City holds a preconstruction meeting, citizen notifications
would come out, and construction would begin.
Councilmember Bolkcom stated the $78,800 of additional mandates by the federal government
to get the federal funds is unbelievable. The $1,400 assessment is for the property owners but
the commercial property is still being assessed at that high rate.
Mr. Kosluchar replied correct. They calculated both and reviewed both with the bids received,
and they are both in line with what they proj ected.
Mayor Lund stated it was estimated at $1,500 but usually those are a little on the high side.
Councilmember Bolkcom asked what was so special about the street signs. Does this mean that
all of the City's street signs are mandated to meet federal retro reflectivity standards by 2015?
Mr. Kosluchar replied correct. It is a federal requirement.
William Burns, City Manager, stated money is budgeted for those signs in this year's budget.
He asked why could the City not use that money rather than pull new MSAS money?
Mr. Kosluchar replied that is a possibility. The complication is staff has budgeted the program
to include our own workers so we are only paying for materials. In this case, we are bidding for
the purchase and installation of the signs. They could look at the possibility of a deduction off
the budgeted amount, therefore saving some of the MSAS dollars.
Dr. Burns asked whether it would complicate the contract with Northwest Asphalt.
Mayor Lund stated in any case with this added increase for the signage, it does not mean that
the residents who are going to be assessed will be paying for it.
Dr. Burns replied no.
Mr. Kosluchar said nor the curb ramping or the concrete berm.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 2009
Street Improvement Project No. ST2009-02 to Northwest Asphalt, Inc., of Shakopee, Minnesota,
in the amount of $518,660.86. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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 Street NE).
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 20
Mr. Kosluchar stated in 2009, the City of Fridley requested that Anoka County accelerate the
resurfacing of Mississippi Street and Rice Creek Road. Anoka County agreed with the concept
and asked that a draft agreement be prepared. The City and Anoka County worked out this
agreement and, according to the attached Joint Powers Agreement, the estimated cost of roughly
$330,000 for the County's mill and overlay work would be reimbursed to the City. The City will
bid out the proj ect with its 2010 street proj ect, with the idea that there is economy to both
projects by doing so and increasing the quantity. In addition, the City of Fridley would be
reimbursed for contract administration costs of 8 percent for any construction.
Councilmember Bolkcom asked if the 8 percent for contract administration costs covers the
costs.
Mr. Kosluchar replied it probably more than covers the costs. Our contract administration costs
on this type of work are typically around 4 to 5 percent for this type of proj ect.
Councilmember Bolkcom asked if there are overruns in their portion of this and change orders
are we still protected with the j oint powers agreement.
Mr. Kosluchar replied yes.
Councilmember Bolkcom asked with this agreement if something should come up, he would
just go back to one of their engineers and have that change order approved.
Mr. Kosluchar replied on a material change, yes.
MOTION by Councilmember Barnette to approve the 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 Street NE). Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Approve Change Order No. 4 for 2008 Street Improvement Project No. ST2008-01.
Councilmember Bolkcom asked about boulevard branches and whether Public Works could
have taken care of that.
Mr. Kosluchar said he believes Public Works crews did the majority of the work. He is not sure
if this is related to stump removal or additional branches that needed to be removed after the fact
because of the utility relocations. The Public Works crew did some brushing and clearing there
to save some dollars for us.
Mayor Lund asked if the final estimate for Midwest Asphalt was for the same proj ect.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 21
Mr. Kosluchar said it is included there. Usually that is delayed two weeks from when the
change order is approved.
Mr. Kosluchar stated this is the final change order on this project, and Midwest was very good
to work with on this project. They had a total of 2 percent change orders on this project and the
project final cost is 2.16 percent less than the actual contract cost. He thinks it is important to
note that both Midwest and staff worked together to maintain costs.
MOTION by Councilmember Bolkcom to approve Change Order No. 4 for 2008 Street
Improvement Project No. ST2008-01. Seconded by Councilmember Barnette.
4. Approve Joint and Cooperative Agreement for the Formation and Administration
of the Anoka-Hennepin Narcotics and Violent Crimes Task Force.
Councilmember Bolkcom said under Section 1 of the contract, it says this agreement for the
Task Force Operation shall be in effect from January 1, 2009. She asked why it was coming to
them now. She asked if Dr. Burns could get that answered for her.
Councilmember Bolkcom said in the agreement it says the Task Force shall lease up to one
vehicle for each officer, but the fuel, insurance, and maintenance costs all get billed to the City.
She asked how that worked.
William Burns, City Manager, said he does not know exactly how that process works. He does
know they spend about $5,500 a year towards the Task Force expenses.
Mayor Lund asked Councilmember Bolkcom whether she is asking if the City is paying for the
fuel here and using our mechanic or if we were paying for them to do it somewhere else.
Councilmember Bolkcom replied right. She thought leasing a vehicle for a year would be
costly.
Councilmember Saefke replied the Task Force itself is doing the leasing. The City is
responsible for routine maintenance, such as brakes and tires, fuel and oil changes, etc. If there
is anything major, the Task Force pays for the major repairs which should be covered under the
terms of the lease. As far as the timing of this, he thinks it was mentioned that Brooklyn Park
and Brooklyn Center no longer belong to it, but under the section on membership, they have
deleted those and added Columbia Heights so that might be part of the timing of this particular
agreement.
Dr. Burns stated those are the only changes as he understands it in a long-standing agreement
that has been around since 1996.
Councilmember Bolkcom stated but why is it not a whole new agreement saying that it is
starting from this date then if we are approving a new change.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 22
Mayor Lund stated he thought it would look better if they had something showing what is
existing and what is new.
Councilmember Bolkcom asked whether they passed something in January of 2009.
Dr. Burns replied they did not. It is his understanding that the last one was passed in 2001.
Councilmember Bolkcom said it has been in existence supposedly since January 1, 2009, and
we are just getting around to looking at it.
Mayor Lund stated he thinks all that really was needed was the information that highlighted the
actual changes.
Councilmember Bolkcom asked if most of the City's joint power agreements are approved or
renewed every year.
Dr. Burns said no, not every year. For example, we have the joint powers agreement for the fire
training site that we have not seen in five or six years.
Councilmember Bolkcom asked if they should be looking at them closer. She said they talked
about how this was so much clearer than the Hennepin County one. Then they see an agreement
that has been in existence since 2001. This agreement been in existence since January 2009 and
is over a year old.
Dr. Burns stated he will have to ask him why that is like that.
Councilmember Bolkcom said it seems a little after the fact.
Councilmember Barnette referred to the section of the agreement which talks about the
administration, and that the commander will be assisted by the sergeant assigned to the Task
Force by the Fridley Police. Has this been in existence since 2001?
Dr. Burns said that happened in 2009.
Councilmember Barnette stated he is 100 percent for this but asked if we currently had two
open positions on our police force unfilled. Somewhere we need to come up with some money
to fill those positions.
Dr. Burns stated we belong to two task forces--this local task force which is a county-centered
one and the Federal DEA Task Force. As they are looking at budget choices for 2011, he thinks
they are going to have to look at the DEA Task Force membership. He thinks this one is the
higher priority.
Councilmember Barnette asked but that is new that the sergeant will be from Fridley.
Dr. Burns replied correct. That person is running the day-to-day operations of the task force.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 23
Councilmember Saefke stated this is an example of many communities working together for
one purpose. Wherever it is possible, we do try to work together to accomplish a mission. No
individual city that belongs to this could afford to do that on its own and protect its citizens and
clean up its streets. However, working together we can. It still costs money, but it is a real
benefit to the local communities to have these able people to take care of this for us.
MOTION by Councilmember Bolkcom to approve the Joint and Cooperative Agreement for the
Formation and Administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Report.
There were no informal status reports.
ADJOURN.
MOTION by Councilmember Barnette, seconded by Saefke, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 9:14 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
PLANNING COMMISSION MEETING
February 17, 2010
Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m.
MEMBERS PRESENT: Leroy Oquist, David Kondrick, Dean Saba, Jack Velin, and Brad Sielaff
MEMBERS ABSENT: Brad Dunham and Marcy Sibel
OTHERS PRESENT: Stacy Stromberg, Planner
Ian Belgarde, Springbrook Apartments
Charles Howley, HTPO
Justin Komanick, Wal-Mart
Approval of Minutes: January 20, 2010
MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner
Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS
Consideration of Preliminary Plat, PS #10-01, by Hansen Thorp Pellinen Olson, Inc., on
behalf of Wal-Mart, to allow the creation of a new lot to be located on the north side of the
subject property, legally described as Lot l, Block l, Wal-Mart in Fridley, generally located
at 8450 University Avenue NE.
2. Consideration of a Special Use Permit, SP #10-02, by Hansen Thorp Pellinen Olson, Inc., on
behalf of Wal-Mart, to allow the relocation of the existing garden center from the east side
of the existing building to the northwest side of the building, legally described as Lot l,
Block l, Wal-Mart in Fridley, generally located at 8450 University Avenue NE.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:03
P.M.
Stacy Stromberg, Planner, stated the petitioner, Mr. Charles Howley with Hansen Thorp Pellinen Olson,
Inc., (HTPO, Inc.) who is representing Wal-Mart, is requesting a preliminary plat to create a new lot on
the north side of the subject property which is located at 8450 University Avenue.
Ms. Stromberg stated a special use permit is also being sought to allow the relocation of the garden
center from the east side of the building to the north side of the building. The size of the garden center
will be reduced from 11,221 square feet to 3,680 square feet.
Ms. Stromberg stated the subject property is zoned G2, General Business, as are the properties to the
north and south. Springbrook Apartments is located to the west and University Avenue is located to the
east. The property is located south of 85t'' Avenue, along the University Avenue Service Road. The
subject property was platted in 1992 and as a result the existing Wal-Mart was constructed. A special use
permit was also issued in 1992, to allow the construction of a garden center. Special use permits were
issued in 1994 and 1999 to allow an expansion of the garden center.
Ms. Stromberg stated HTPO, Inc. is seeking to replat the subject properiy to allow for the creation of a
new lot along the north side of the property. The proposed replat will consist of two lots; Lot 1, Block 1
and Outlot A, Wal-Mart in Fridley 2"d Addition. Proposed Lot 1 will be 838,893 square feet or 19.25
acres in size and Outlot A will be 59,276 square feet or 136 acres in size. The G2, General Business
zoning district requires a minimum lot area of 20,000, which both lots will meet. City staff will stipulate
that the Outlot A receive access from the existing Wal-Mart access point and will require that a shared
parking easement be established between the two properties.
Ms. Stromberg stated Garden Centers and nurseries are a permitted special use in a G2, General
Business zoning district, subject to stipulations.
Ms. Stromberg stated as indicated above, the subject property currently has a special use permit for a
garden center. Any modification to the garden center requires Planning Commission review and City
Council approval. The petitioner is proposing to relocate the existing garden center from the east side of
the building to the north side of the building. Along with the relocation, the garden center will be reduced
from 11,221 square feet to 3,680 square feet.
Ms. Stromberg stated relocating the garden center on the site is just a portion of the work proposed on
the subject property. The entire store will be remodeled by adding two receiving dock doors on the south
side of the building, relocating the entrance vestibule, branding the front elevation, adding a grocery
component, and reconstructing areas of the site immediately adjacent to the building. A 456 square foot
addition will be constructed to the vestibule area that will bring the total square footage of the building to
121,191 square feet.
Ms. Stromberg stated the remodel will also allow Wal-Mart a chance to make some other improvements
to the site. Those include reconstructing the front drive aisle access point with the University Avenue
Service Drive entrance, adding a sidewalk along the west side of the University Avenue Service Drive to
connect to the sidewalk at Banfill Crossings, adding a crosswalk connection to the existing bituminous
trails on the east side of the University Avenue Service Drive, removing excess parking on the north side
of the property to create an outlot for future development, and installing new landscaped islands in the
parking lot.
Ms. Stromberg stated City code requires the Wal-Mart building with the proposed 456 square foot
addition to have 553 parking stalls. The current site has 741 parking stalls. With the creation of the new
outlot and the some new landscaped islands, the subject property will have 576 parking stalls which is
still above what code would require.
Ms. Stromberg stated the proposed relocation of the garden center and building expansion meets lot
coverage and setback requirements. The new garden center will be constructed using decorative block
and wrought iron fence. The decorative block will be painted as will the rest of the building.
Ms. Stromberg stated City code requires that a five (5) foot sidewalk easement be provided along all
property lines when a commercial property is adjacent to a public right-of-way or across from residential.
The Council may allow the petitioner to delay installation of the sidewalk if the petitioner signs an
agreement that it will be constructed when the City requires the installation. Since the staff report was
written, the petitioner and staff have discussed construction of the sidewalk and determined that instead of
2
requiring the side walk easement, the petitioner will instead construct a 6 ft. sidewalk along the University
Avenue Service Drive to 85t'' Avenue that is within the public right-of-way. Staff will stipulate that the
sidewalk be installed by September 2011.
Ms. Stromberg stated that City Staff received an e-mail from the owners of Banfill Crossings today with
two concerns about the project. The first concern was related to the potential of additional noise that may
be created by the construction of two additional dock doors on the south side of the building and we
asking if the City could restrict the hours of delivers. The City's response to that is that a store like Wal-
Mart or a grocery store is permitted by right in the G2 zoning district. The garden center is what requires
the petitioner to get a special use permit. As a result, the City isn't able to restrict hours of delivery, nor
have we done that to any other businesses permitted by right. The second concern that Banfill had was
related to a vision safety issue coming out of their garage as a result of Wal-Mart's landscaping. Staff and
the petitioner went to the site today to assess the issue and discovered that this is at least one tree that is
causing a vision safety issue that will need to be removed. The petitioner has agreed to remove the trees
necessary to resolve this issue and staff will work with them to ensure that it happens.
Ms. Stromberg stated City Staff recommends approval of the preliminary plat request, with stipulations
as the proposed lots meet minimum standards.
Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as a
Garden Center or Nurseries are a permitted special use in the G2, General Business zoning district,
subject to stipulations.
Ms. Stromberg stated staff recommends that if the preliminary plat and special use permit are granted,
the following stipulations be attached:
1. A shared access agreement using Wal-Mart's existing access points shall be established
and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A
upon final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,36335 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the building
and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the exterior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources by
following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
12. No intercom system shall be used in the garden center area if site is directly adjacent to
residentially zoned property.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the
University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to
initial development plans will be incorporated into construction, as needed.
20. Provide details and calculations for external grease trap to be approved by City of Fridley
Engineering. Approval to be prior to construction commencement.
Ms. Stromberg stated in the Commission's packet there were 21 stipulations. There were two
stipulations related to the grease trap so one of those was removed.
Commissioner Velin asked who will be removing the tree at Banfill Crossing?
Ms. Stromberg replied, Wal-Mart. It is on Wal-Mart's property.
Commissioner Saba asked about having an intercom system. He thought they were obsolete. The
garden center will be right ne�t to the Springbrook Nature Center.
Ms. Stromberg replied that language comes right out of the Code. Several of the stipulations come right
out of the Code regarding garden centers.
Commissioner Kondrick asked the petitioner whether they are in agreement with the stipulations?
Charles Howley, civil engineering consultant for HTPO, stated absolutely. They received them last
Friday and have reviewed them. One of the stipulations was revised regarding the sidewalk and they are
in agreement.
Ken Belgarde, Springbrook Apartments, stated he is part owner of the apartments. Two of their
properties are next to a Wal-Mart. One issue he has is that Wal-Mart generates a lot of trash. Wal-Mart's
housekeeping is a little lacking sometimes and there is trash and papers blowing around. At the Fridley
location they have their garages lined up. Between the garages and the property line there is a walking
path. Their residents are walking down the path and seeing a lot of trash, some is theirs but a large share
is Wal-Mart's. With moving the garden center from the east to the north and being closer to them, he is a
little concerned about their cleaning. One thing that would help is if Wal-Mart put their fence all the way
down to the ground. He talked to their resident manager who stated she tried to work with the store
manager and sometimes they cooperate and sometimes they do not.
Justin Komanick, Wal-Mart Store Manager, stated the concerns have been brought up before and last
year they actually did lower the fence. Hopefully this spring with the thaw there will be less trash. They
do pick up the trash on a weekly basis.
Mr. Howley stated that change in the garden center location should actually change the amount of trash
that blows over to the apartments, because the main entrance to the building will over to the east.
0
Commissioner Sielaff asked in the event there are issues is there an ordinance regarding compliance?
Ms. Stromberg replied, of course and that is something we would enforce and talk with Wal-Mart about.
MOTION by Commissioner Sielaff receiving a February 10, 2010 e-mail from Jay Portz of J.A. Wedum
Foundation. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:27
P.M.
Commissioner Oquist stated he had no problem with this. The stipulations seem to cover everything. It
will be nice to have the sidewalk. Also, they are actually decreasing the size of the garden center.
Chairperson Kondrick stated he does not have a problem with it either.
Commissioner Oquist asked what is going to happen with the existing garden center space?
Mr. Howley replied, they will be taking that out and putting in some compressors for the groceries.
MOTION by Commissioner Oquist approving Consideration of Preliminary Plat, PS #10-01, by Hansen
Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the creation of a new lot to be located on the
north side of the subject property, legally described as Lot 1, Block 1, Wal-Mart in Fridley, generally
located at 8450 University Avenue NE with the following stipulations:
1. A shared access agreement using Wal-Mart's existing access points shall be established
and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A
upon final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,36335 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the building
and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the exterior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources by
following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
12. No intercom system shall be used in the garden center area if site is directly adjacent to
residentially zoned property.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the
University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to
initial development plans will be incorporated into construction, as needed.
20. Provide details and calculations for external grease trap to be approved by City of Fridley
Engineering. Approval to be prior to construction commencement.
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Commissioner Oquist approving Special Use Permit, SP #10-02, by Hansen Thorp Pellinen
Olson, Inc., on behalf of Wal-Mart, to allow the relocation of the existing garden center from the east side
of the existing building to the northwest side of the building, legally described as Lot 1, Block 1, Wal-
Mart in Fridley, generally located at 8450 University Avenue NE with the following stipulations:
1. A shared access agreement using Wal-Mart's existing access points shall be established
and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A
upon final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,36335 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the building
and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the exterior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources by
following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
�
12. No intercom system shall be used in the garden center area if site is directly adjacent to
residentially zoned property.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the
University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to
initial development plans will be incorporated into construction, as needed.
20. Provide details and calculations for external grease trap to be approved by City of Fridley
Engineering. Approval to be prior to construction commencement.
Seconded by Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Receive the Minutes of the January 7, 2010, Housing and Redevelopment Authority Commission
Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
4. Receive the Minutes of the December 7, 2009, Parks & Recreation Commission Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Velin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Receive the Minutes of the January 4, 2010, Parks & Recreation Commission Meeting.
MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg stated the new meeting will be on March 17, 2010.
7
ADJOURN
MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:34 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
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CfTY OF
FRIaLE7
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 8, 2010
Date: March 4, 2010
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Stacy Stromberg, Planner
Subject: Final Plat, PS #09-05, Fridley Medical Center/Unity Hospital
Background
On December 14, 2009, the City Council approved a preliminary plat request, PS #09-05, submitted by
Rodney Lee, Premier FMC, LLC. The plat has now been approved by the County and is ready for final plat
approval.
Mr. Lee's project proposal is on behalf of Fridley Medical Center/LTnity Hospital. The purpose of the new
plat is to subdivide the property to allow construction of a new 2- story medical office building.
Council/Commission Action
The Planning Commission held a public hearing on the preliminary plat on November 4, 2009. The City
Council reviewed the plat request at their December 14, 2009 meeting. Both the Planning Commission
and the City Council approved of the preliminary plat as proposed. There was no opposition to the plat
request by members of the public. No sustentative changes have been made to the plat in its final form
and staff recommended approval after their review.
RECOMMENDATIONS
City Staff recommends approval of the final plat request, with stipulations.
• Proposed lots meet minimum standards.
STIPULATIONS
Staff recommends approval of the final plat with the following stipulations attached.
1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed
upon final plat approval.
2. New cross parking agreements shall be established and filed between Fridley Medical Center,
Unity Hospital and the Unity Professional Building upon final plat approval.
3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for
the proposed medical office clinic.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. City engineering staff to review and approve grading and drainage plan prior to issuance of a
building permit.
7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City
Staff prior to issuance of building permit.
8. The subject property shall be maintained free of any and all construction litter. All construction
materials shall be properly managed on site to avoid neighborhood impacts.
9. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. Monday
through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays.
10. Future additions/expansions on this site shall be reviewed by City Staff and a determination shall
be made regarding the need for a strategic plan for structured parking. If sufficient additional
parking is required based on the addition, a structured parking plan will be required.
11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between
the hospital, professional building and new medical clinic building.
12. The petitioner shall provide 5 ft. easement and sidewalk along St'' Street, Lyric Lane, and
Madison Street. Design and placement shall be reviewed by the City's engineering staf£ [Staff
recommends] Installation of St'' Street sidewalk in 2010 with proposed project, installation of
Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012.
13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a
building permit.
14. The petitioner shall comply with any requirements set forth by the Anoka County Highway
Department.
15. The petitioner shall obtain a permit from Anoka County for any work done within the county
right-of-way.
16. No signs shall be located within the County right-of-way. Any planting within the right-of-way
shall be approved by the County prior to planting.
17. Storm -water management maintenance agreement shall be filed with the City prior to issuance of
building permits.
18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be
removed for the proposed medical clinic or parking shall be marked and approved by City staff
prior to issuance of building permits.
19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm
with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of
landscaping.
RESOLUTION NO. 2010 - 17
RESOLUTION APPROVING A PLAT, P.S. #09-05, LOTS 1, lA, 2, 2A, 3, 3A and LOT 4,
UNITY ADDITION BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CREATING
SEVEN NEW LOTS, GENERALLY LOCATED AT 480, 500 AND 550
OSBORNE ROAD, FRIDLEY, MN
WHEREAS, the Planning Commission held a public hearing on November 4, 2009, and
recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for 480, 500 and 550 Osborne Road
at their December 14, 2009, meeting, with stipulations attached as Exhibit A; and
WHEREAS, a copy of the final plat has been attached as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for 480,
500 and 550 Osborne Road and directs the petitioner to record said document at Anoka County
within six months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
8Tx DAY OF MARCH 2O10.
Robert Barnette, Mayor Pro Tem
ATTEST:
Debra A. Skogen, City Clerk
Resolurion No. 2010-17 Page 2
EXHIBIT A
1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be
filed upon final plat approval.
2. New cross parking agreements shall be established and filed between Fridley Medical
Center, Unity Hospital and the Unity Professional Building upon final plat approval.
3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building
permit for the proposed medical office clinic.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. City engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
7. Landscape and irrigation plan to meet code requirements shall be reviewed and approved
by City staff prior to issuance of building permit.
8. The subj ect property shall be maintained free of any and all construction litter. All
construction materials shall be properly managed on site to avoid neighborhood impacts.
9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m.
Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays.
10. Future additions/expansions on this site shall be reviewed by City staff and a
determination shall be made regarding the need for a strategic plan for structured parking.
If sufficient additional parking is required based on the addition, a structured parking plan
will be required.
11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement
between the hospital, professional building and new medical clinic building.
12. The petitioner shall provide 5 ft. easement and sidewalk along Sth Street, Lyric Lane, and
Madison Street. Design and placement shall be reviewed by the City's engineering staff.
[Staff recommends] Installation of Sth Street sidewalk in 2010 with proposed project,
installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in
2012.
13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of
a building permit.
14. The petitioner shall comply with any requirements set forth by Anoka County Highway
Department.
Resolurion No. 2010-17 Exhibit A Page 3
15. The petitioner shall obtain a permit from Anoka County for any work done within the
County right-of-way.
16. No signs shall be located within the County right-of-way. Any planting within the right-
of-way shall be approved by the County prior to planting.
17. Stormwater management maintenance agreement shall be filed with the City prior to
issuance of building permits.
18. The petitioner shall agree to preserve mature trees to the extent possible. All trees
required to be removed for the proposed medical clinic or parking shall be marked and
approved by City staff prior to the issuance of building permits.
19. The petitioner shall screen parking areas from the public right-of-way by a continuous
earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with
a combination of landscaping.
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�
CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 8, 2010
William W. Burns, City Manager
James P. Kosluchar, Public Works Director
Layne Otteson, Assistant Public Works Director
March 8, 2010
Award Contract for Sanitary Sewer Lining Project No. 394
i����`��a��r�
The Capital Improvement budget has funds identified for lining rehabilitation of our sanitary
sewer lines. We will be doing this work in two areas in 2010. We provided information on
the locations of the proposed work at the February 8, 2010 City Council meeting.
On Wednesday, March 3, 2010, at 10:00 a.m. bids were opened for the 2010 Sanitary
Sewer Lining Project No. 394. We had four bidders on the 2010 project, see the attached
tabulation. Lametti & Sons, Inc. of Hugo, MN was the lowest responsive bidder. The low
bid received is well within this year's budget of $185,000, and the low bid is approximately
15% lower than the final engineer's estimate of $185,755.00. Bids were fairly spread out,
mainly due to unit price variations for the 15" diameter lining.
Unique elements to this year's project include work within the University Avenue (Trunk
Highway 47) right-of-way, which will likely require overnight work for some segments to
minimize traffic impacts. According to the project requirements that are flexible to prevent
undue increase in costs, the work will take place between April 15 and September 15,
2010. Upon award and execution of contracts, staff will schedule a preconstruction
meeting, at which time a schedule of work will be received from the contractor.
Recommend the City Council receive the bids and award the contract for the 2010 Sanitary
Sewer Lining Project No. 394 to Lametti & Sons, Inc. in the amount of $159,472.00.
JPK:jpk
Attachment
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FRIDLE7`
To:
From:
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
March 8, 2010
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Deb Skogen, City Clerk
February 26, 2010
Resolution Supporting Lions Club of Fridley Application for Off-Site
Premise Permit to Conduct Raffle and Pull-tabs at Commons Park and
Community Park During Fridley 49er Days Celebration
Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The
Lions Club of Fridley currently conducts lawful gambling at Billiard Street Cafe Inc dba Two
Stooges Bar and Grill located at 7178 University Avenue NE and at BAM Inc dba Shortstop
Fridley located at 1298 E Moore Lake Drive. State law allows an organization to conduct four
off-site events per year.
The premise permit application requires a resolution from the City Council approving off-site
gambling. If approved, the premise permit would become effective from June 24 through June
27, 2010 and the Lions Club of Fridley would be allowed to conduct off-site gambling at
Commons Park and Community Park for the Fridley 49er Days Events. The Director of Parks
and Recreation has signed the Lease Agreement for Off-site Activity.
Staff recommends approval of the premise permit application by adoption of the attached
resolution.
RESOLUTION NO. 2010 -
RESOLUTION IN SUPPORT OF AN APPLICATION TO CONDUCT OFF-SITE
GAMBLING BY THE LIONS CLUB OF FRIDLEY AT COMMONS PARK AND
COMMUNITY PARK FROM JUNE 24 TO J[TNE 27, 2010 DURING THE FRIDLEY 49ER
DAYS EVENTS.
WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota
Lawful Gambling Premise Permit to conduct Off-site Gambling from the Lions Club of Fridley; and
WHEREAS, the locations of the Off-site Gambling shall take place at Commons Park and
Community Park within the City of Fridley from June 24 to June 27, 2010 during the Fridley 49er
Days Events; and
WHEREAS, the Lions Club of Fridley., currently holds a state lawful gambling license and
conducts lawful gambling at Billiard Street Cafe Inc dba Two Stooges Bar and Grill and B.AM.
Inc., dba Shortstop Fridley; and
WHEREAS, four off-site events are allowed in each calendar year by the State of Minnesota; and
WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable
gambling operation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the
Minnesota Lawful Gambling Application to Conduct Off-Site Gambling submitted by the Lions
Club of Fridley between June 24 and 27, 2010, during the Fridley 49er Days Events at Commons
Park and Community Park.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gTx
DAY OF MARCH 2O10.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
� AGENDA ITEM
� COUNCIL MEETING OF MARCH 8, 2010
� �F CLAI MS
FRIDLE7`
CLAIMS
145258 - 145401
� AGENDA ITEM
� CITY COUNCIL MEETING OF MARCH 8, 2010
��F LICENSES
FRIDLE7`
TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�:
Social Skill and Card Game St Street Entertainment, LLC Public Safet
Tournament Service Provider dba St Street Poker Parties
Lynda M Barry, President
Solicitor's License Window Store Home Public Safety
Im rovement
* *Donald Christensen
Addition of a new solicitor.
Business has prior approval.
� AGENDA ITEM
� CITY COUNCIL MEETING OF MARCH 8, 2010
��F LICENSES
FRIDLE7`
Contractor T e A licant A roved B
Dean's Professional Plumbin Heatin Lisa Pulczinski Ron Julkowski, CBO
McGough Construction Commercial or Tom McGough Jr. Ron Julkowski, CBO
Specialty
TLT Ente rises Gas Tim Toensin Ron Julkowski, CBO
Ron Julkowski, CBO
Ron Julkowski, CBO
�
�
�ff1' 4F
FRIDLE7`
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 8, 2010
ESTI MATES
Ron Kassa Construction
6005 East 250th Street
Elko, MN 55020-9447
2009 Miscellaneous Concrete Repair
FINAL ESTIMATE ........................
$ 3,425.27
�
�
CfTY OF
FRIaLE7
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 8, 2010
Date: March 2, 2010
To: Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Postponement of Second Reading for ZOA #10-01 for Tri-land
INTRODUCTION
On February 22, 2010, the City Council held the first reading of the ordinance to rezone the
property at 250 57th Avenue from C-3, General Shopping to PUD, Planned Unit Development.
In order to hold the second reading of the ordinance, the General Plan for Development with the
necessary final documents need to be ready for the City Council to review and approve.
Though staff and the City Attorney have had a chance to review the General Plan for
Development, as of the end of the day, March 2, 2010, the necessary attachments needed to
complete the stipulations haven't been submitted.
As a result, staff is recommending that the City Council postpone second reading of ZOA #10-
01 to March 29, 2010.
PLANNING STAFF RECOMMENDATION
City Staff recommends the City Council postpone second reading of ZOA #10-01 to March 29,
2010.
�
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�T'f �F
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 8, 2010
William W. Burns, City Manager
Donovan W. Abbott, Public Safety Director
Bob Rewitzer, Captain
March 3, 2010
Contract for Towing, Impounding and Storage of Motor Vehicles
This memo is written in support of the City's acceptance of the Contract for Towing, Impounding
and Storage of Motor Vehicles with Schmit Towing, Inc., 92 43rd Ave NE, Fridley, Minnesota
55421.
The Police Department has contracted with Shorty's Towing (formerly Shorty's Heavy Duty
Wrecker Service) for several decades. The tow contract was last reviewed in 2004. A
comprehensive evaluation of the tow service contract was initiated fall of 2009. A Request for
Proposals for Towing, Impounding and Storage of Motor Vehicles (RFP) was prepared outlining
the requirements for 24-hour motor vehicle towing, impounding and storage services for the City of
Fridley. An RFP was sent to the League of Minnesota Cities for publication in their marketplace
and was mailed to tow service vendors that had previously contacted the department. Responses
were received from eleven vendors. The responses were reviewed and evaluated by fourteen City
staff inembers representing Police, Community Development, Public Works/Engineering and Fire.
Site inspections were conducted on the top three vendors. The conclusion, based on the evaluation
criteria of service, security/facilities, qualifications/experience and costs, was that Schmit Towing,
Inc., a company based in Fridley, would best meet the needs and requirements of the City.
Schmit Towing has been in business since 1983. The business was a 2008 American Towman ACE
Award recipient and a finalist for the 2009 Better Business Bureau Integrity Award. BBB Integrity
Awards are presented to businesses in Minnesota and North Dakota that have demonstrated a
commitment to conducting their business practices in an ethical manner. Schmit Towing currently
tows for the Minnesota State Patrol and impounds vehicles for the Hennepin County Sheriff's
Office.
The term of the contract is from March 8, 2010 to January 1, 2013. The contract may be renewed
thereafter in one year intervals. Schmit Towing, Inc. reserves the right to renegotiate charges for
towing and storage services at renewal. This contract has been approved as to form by City
Attorney Fritz Knaak The contract is attached and has been signed by Public Safety Director pon
Abbott and Schmit Towing, Inc. owner Stephen Schmit.
Staff recommends approval of the Contract for Towing, Impounding and Storage of Motor Vehicles
with Schmit Towing, Inc.
CONTRACT FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES
This agreement is made and entered into this day of , 2010, by and between
Schmit Towing, Inc., 92 43rd Avenue NE, Fridley, Minnesota 55421, hereinafter referred to as the
Contractor and the City of Fridley, a municipal corporation with offices at 6431 University Ave NE,
Fridley, Minnesota 55432, hereinafter referred to as the City.
WHEREAS, the Contractor has proposed to provide 24-hour towing and storage of police impounded
vehicles and vehicles determined to be, and found to be, in violation of the Fridley City Code and the
Minnesota State Statutes;
AND WHEREAS, it is in the best interest of the City that the Contractor shows responsibility to the City
and the public and indicate the charges and rates for towing and storage of motor vehicles;
AND WHEREAS, it is the intention of the City and the Contractor that this agreement shall run for the
period of March 8, 2010 through January 1, 2013.
NOW, THEREFORE, IT IS MUTUALLY AGREED
That the following terms and conditions detail the requirements of the Contractor to provide 24-hour
motor vehicle towing, impounding and storage services for the City of Fridley on an as needed and
directed basis. Such direction is to be by the Public Safety Director, Community Development Director,
Fire Chief, Public Works Director, or their authorized and legal representatives.
Equipment:
Contractor shall have sufficient equipment to be able to tow any and all city owned vehicles, and those
vehicles as designated by the Public Safety Director, Community Development Director, Fire Chief, Public
Works Director or their authorized and legal representatives, including but not limited to:
A. Equipment capable of towing automobiles, light trucks, vans, utility vehicles, 4x4's,
snowmobiles, motorcycles, all terrain vehicles, school buses, coach buses, commercial vehicles,
heavy trucks, and any other vehicle, motorized or not and further equipped to control
movement of the towed vehicle; and
B. Equipment sufficient and designed to move vehicles not amenable to towing or to move a
completely demolished vehicle by means of dollies or low-bed trailers; and
C. Trucks and equipment of sufficient quantity that allows the Contractor to meet the required
response time regardless of season, time, date or event; and
D. Equipment sufficient to conduct water recovery.
All equipment to be used by the contractor under this contract shall be maintained in good repair and
condition. The City reserves the right to inspect the equipment from time to time for the purpose of
determining that the equipment condition is in conformance with law and the terms and conditions of
the contract.
Personnel:
Contractor performing under this contract shall assume all and full responsibility for the conduct of
employees performing under this contract. The Contractor guarantees that all of the employees
performing under this contract will be adequately trained in their profession, will respond promptly to
all calls, be clean and neat in appearance, use decent language free of profanity, and treat the public
courteously at all times. Request for service from the City of Fridley Police Department must be given
first priority by all dispatchers.
Drivers shall possess and carry a valid Minnesota driver's license commensurate with the vehicle they
are operating and be proficient in the operation of such equipment. All drivers shall operate the
Contractor's equipment in a safe and prudent manner, complying with all traffic laws.
The City reserves the right to conduct background checks on all employees of the Contractor at the time
of contract and annually thereafter.
Failing to meet any or all of the requirements of this section may result in cause for terminating the
contract at any time as per the conditions specified for contract termination.
Licensing:
Contractor shall obtain and maintain in effect throughout this contract, all licenses, permits and
certificates as required by the State of Minnesota, Anoka County, and the City of Fridley for the
operation of the service required to be performed by the Contractor under this contract. The Contractor
shall operate and maintain its parking and storage facility in compliance with the terms of this contract
and all State and City applicable laws, ordinances, rules and regulations that are presently in effect or
which may hereafter be adopted.
Storage Facilities:
Storage and parking lot facilities used by the Contractor under this contract shall be located within the
corporate limits of the City of Fridley unless otherwise agreed to by the City but in any event shall be
located no more than two linear miles from the corporate limits of the City of Fridley. Storage and
parking lot facilities used by the Contractor under this contract shall meet all of the applicable State and
local building code standards and municipal license and zoning requirements, including those relating to
outdoor storage, screening and landscaping of the city in which the facility is located.
The facilities to be utilized under this contract must have the capability of storing a minimum of two (2)
vehicles inside and a further capability of providing storage for a minimum of twenty-five (25) vehicles
outside. It shall be the responsibility of the Contractor to provide additional outside storage if needed to
meet storage volume requirements. Inside storage will be necessary only when so requested or directed
by an authorized official of the City of Fridley. When a direction is given to store a unit inside, such
directions may be accompanied by instructions for certain security measures to be employed. Vehicle
security becomes the responsibility of the Contractor while the unit is in his/her control. Parking lots
must be fenced in a secure manner with a minimum fence height of six (6) feet.
The Contractor agrees to keep safely all impounded vehicles, equipment and accessories, and all
personal property contained therein, and to retain possession of same until all charges against the
impounded vehicle have been satisfied, and to reimburse the City and the owners for any and all losses
relating thereto. Personal property that, in the judgment of the Police Department is necessary for
health and safety purposes shall be released upon order of the Police Department. The Contractor will
be solely responsible for loss or damage to any vehicle, including all equipment and contents, from the
time direction is given by the authorized City representative turning the vehicle over to the Contractor
or his Agent, until such time as the vehicle is legally released to the registered or actual owner or legal
agent thereof.
Insurance:
Contractor shall maintain in effect throughout this contract liability, property damage and fire insurance
which shall contain coverage in an amount not less than $100,000 to any one person and not less than
$300,000 total in any one incident and not less than $10,000 fire and property damage coverage.
Availability:
Contractor shall provide towing services 24 hours per day, every day of the year. Contractor shall
provide a telephone answering service 24 hours a day, seven days per week, for the purpose of receiving
requests for service pursuant to this contract.
While performing under this contract and under these specifications, the Contractor's hours of
operation for release of impounded vehicles shall be no less than 8:00 a.m. to 6:00 p.m., Monday
through Friday, four daytime hours on Saturday, and two daytime hours on Sunday and legal holidays.
Hours must be posted in a prominent place on the front door or front gate of the facility.
Access to the storage facility shall be available to the Public Safety Director or other authorized and legal
representative, at all times and without costs. The City shall have the right to inspect the Contractor's
equipment, storage facility and pertinent records without notice, during normal business hours.
Response Time:
Upon receipt of request for towing service by the City, the Contractor shall dispatch the necessary trucks
and equipment so as to arrive at the site so designated within the specified time, which shall not be
more than twenty (20) minutes, after receipt of request. Should the Contractor fail to appear at a
designated tow point within the specified time after receiving a call for a tow, the City reserves the right
to call another towing service to perform the work.
If the Contractor is called and is unable to respond due to conditions beyond his/her control, the
authorized City officials shall be immediately so informed and the City has the right to call another
service to perform the work.
In the event that at any time, it becomes necessary for the City to request the services of another
towing service for the reasons detailed above, the City retains the right to hold the Contractor
responsible for any additional charges over and above the fee schedule recorded in this contract. Such
charges shall be assessed only if the response failure is due to negligence on the part of the Contractor.
Such negligence might include equipment failure.
In addition to the above charges, to promote the general welfare and safety, in all cases where the
Contractor shall fail to respond to any call for tow trucks within thirty (30) minutes, the City shall be paid
Fifty and no/100 Dollars ($50.00) by the Contractor for each failure to respond.
The City reserves the right to call the closest available towing company in the event of an emergency as
determined by the City, regardless of any contractual relationship with the City. At the discretion of the
City, response time may be altered in the event of adverse road, traffic or weather conditions.
If an involved private owner/operator makes a timely request for a tow by other than the Contractor
retained under this contract, the Police Department may honor such request. In such instance, the
owner/operator is solely responsible for all associated charges.
Contractor Services:
Contractor agrees to provide all services required by the City of Fridley for towing, impounding,
transport, and storage of vehicles. These services shall be provided in accordance with the terms of the
contract. The Contractor shall, in addition to towing and storage services, be responsible for cleaning up
all debris associated with the disabled vehicle(s) at the site. This may include items such as vehicle parts,
broken glass, metal or other debris, excluding commercial cargo, resulting from the accident. The
required clean up shall be completed prior to the Contractor leaving the site, as per instructions from
the City Police Officer in charge at the site. Clean up is to be completed without any additional
compensation, unless extraordinary circumstances exist. Such costs may be charged to the appropriate
vehicle owner. Contractor may also be asked to provide occasional roadside service, such as changing
tires, for Police squad cars and other City vehicles.
Impounded vehicles shall be towed directly to the Contractor's storage facility unless otherwise directed
by the City. All designated vehicles at an accident site shall be towed and removed before the
Contractor leaves the scene to respond to any other service call.
Vehicles will not be driven at any time during the towing procedure, except as incidental to the impound
process. In the event that the vehicle is without tires or has flat tires, the Contractor is to remove the
vehicle in such a way as to avoid or minimize damage to the wheels or road surface. The Contractor may
not tow any vehicle on its rims, on wheels without tires, or on flat tires.
Contractor agrees to abide by applicable Minnesota Statutes and Fridley City Code in controlling and
disposing of impounded vehicles.
Vehicle Release:
All vehicles towed or impounded are to be released in accordance with procedures adopted by the
Public Safety Director. Vehicles being held for evidential or investigative reasons by the Police
Department may not be released without written authorization by the Public Safety Director or other
authorized and legal representative. Other vehicles may be released as provided herein without formal
authorization from the Public Safety Director.
Contractor agrees to establish the identity of the registered owners and lien holders, if any, of
impounded vehicles through the Department of Public Safety automobile titles, insurance papers and
dealer bills of sale.
Contractor shall be responsible to check the theft status of any impounded vehicle in the contractor's
possession at least once every week.
Upon deposit of a towed vehicle in the storage facility, the Contractor shall send a notice specifying the
date and place of the tow, the year, make, model, and serial number of the vehicle towed within five (5)
days to the registered owner as well as any lien holders of record. The notice shall include the procedure
for reclaiming the impounded vehicle and comply with Minnesota Statue 168B.06. A record of this
notice shall be retained by the Contractor during the term of this contract, and for an additional two (2)
years after the expiration of this Contract. The cost of this notice shall not exceed thirty-five and no/100
Dollars ($35.00) and shall be borne by the registered owner of the vehicle. If the owner of the
impounded vehicle subject to a lien fails to reclaim the vehicle, the Contractor shall provide notice to
the lien holder, if any, prior to disposition of the vehicle.
Vehicles shall not be released without proper proof of ownership. If the vehicle is to be driven from the
impound lot, proof of current insurance covering the vehicle and proof of a valid driver's license by the
prospective driver shall be required.
At the time of the release of the vehicle, the Contractor shall provide a receipt in writing which shall
state the date of such vehicle release together with the charges enumerated thereon and the purpose
for which the charges were made. The receipt shall be made in one original and two copies, all of which
shall be signed by the Contractor and the person to whom the vehicle release is made. The Contractor
shall retain the original of the receipt and shall deliver one copy to the owner of the vehicle and one
copy to the Police Department.
Records:
Contractor shall be responsible for maintaining proper records of all vehicles towed, stored, released,
still held, junked and destroyed. The record keeping system shall meet the approval of the Fridley Public
Safety Director and records are to be available at all times for inspection by authorized City officials.
Contractor shall prepare a comprehensive monthly report of all vehicles towed, stored, released, still
held, junked and destroyed, in a form acceptable to the City. The contractor must have the ability to
receive and send documents electronically in addition to fax capabilities.
Towing Charges:
Contractor assumes full responsibility for the collection of all fees involved with the towing, removal and
storage of vehicles. The Contractor shall be entitled to a charge for towing and storage services pursuant
to the fees herein enumerated. A fuel surcharge may be collected during any week in which the previous
week's average cost of diesel fuel, as listed on the federal EIA fuel information website for the Midwest
region, exceeds $3.449 per gallon. The site is found at: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp.
The Contractor agrees that neither the City nor any Department thereof is responsible for any charges as
a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid
charges.
Exception: For vehicles identified by the Police Department as subject to forfeiture, and
subsequently towed to a location other than the Contractor's storage facility, the City will pay
the Contractor a flat rate charge per vehicle towed.
Contractor agrees to accept as method of payment, cash, and one other method of payment such as
check or credit card.
Towing and storage rates shall be uniformly charged. The rates for towing shall be as follows:
Tow of automobiles and other vehicles under 10,000 pounds GVW
Tow of vehicles between 10,001 and 26,000 pounds GVW
Tow of vehicles over 26,000 pounds GVW
Tow of snowmobiles, motorcycles, and all terrain vehicles
Additional charge for use of winch
Tow of vehicles under Police Forfeiture to a location other than the
Contractor's storage facility
Tow of Police squad cars or City vehicles to City Shop
Storage charge per day for outside storage of towed vehicles
Storage charge per day for inside storage of towed vehicles
Storage charge for large vehicles in excess of 26,000 pounds GVW
Occasional roadside service, such as changing tires, for Police squad
cars and other City vehicles
Fuel Surcharge
$ 74.00
$ 128.00
$ 175.00 per hour
$ 74.00
$ 100.00 per hour
$ 60.00
$ No Charge
$ 35.00
$ 35.00
$ 100.00
$ No Charge
$ 5.00 per tow
Duration, Cancellation, Termination and Enforcement
This contract shall remain in force for the period specified unless cancelled by either party giving written
notice of cancellation at least thirty (30) calendar days in advance.
This contract may, upon mutual agreement between the City and the Contractor and according to the
terms of the existing contract, be renewed in one year intervals. Contractor reserves the right to
renegotiate charges for towing and storage services at renewal.
The City may, by written notice to the Contractor, terminate this contract immediately for failure of the
Contractor to perform the terms and conditions of this contract related to personnel.
Failure by the City to enforce one or more terms of the contract does not waive the right of the City to
enforce any other terms of the contract.
The acts otherwise prohibited by the terms of the contract shall be permitted if done at the written
direction of the City Manager, or his designee where necessary, to preserve evidence or alleviate a
hazard to public safety.
AGREED TO this day of , 2010.
City of Fridley
Scott. J. Lund, Mayor
Donovan W. Abbott,
Public Safety Director
Schmit Towing, Inc.
Stephen Schmit
President
�
�
CfTY OF
FRIaLE7
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 8, 2010
Date: March 1, 2010
To: Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Preliminary Plat Request, PS #10-01, HTPO Inc, on behalf of Wal-Mart
INTRODUCTION
The petitioner, Mr. Charles Howley with Hansen Thorp
Pellinen Olson, Inc., (HTPO, Inc.) who is representing
Wal-Mart, is requesting a preliminary plat to create a new
lot on the north side of the subject property which is
located at 8450 University Avenue.
The proposed replat will consist of two lots; Lot 1, Block 1
and Outlot A, Wal-Mart in Fridley 2nd Addition. Proposed
Lot 1 will be 838,893 sq. ft. or 19.25 acres in size and
Outlot A will be 59,276 sq. ft. or 1.36 in size. The C-2,
General Business zoning district requires a minimum lot
area of 20,000, which both lots will meet. City staff will
stipulate that the Outlot A receive access from the existing
Wal-Mart access point and will require that a shared
parking easement be established between the two
properties.
PLANNING COMMISSION RECOMMENDATION
At the February 17, 2010, Planning Commission meeting,
a public hearing was held for PS #10-01. After a brief
discussion, the Planning Commission recommended
approval of plat PS#10-01, with the stipulations as
presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning
Commission.
STIPULATIONS
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1. A shared access agreement using Wal-Mart's existing access points shall be established
and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A
upon final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1, 363.35 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the
building and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the exterior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources
by following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
12. No intercom system shall be used in the garden center area.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the
University Avenue Service Drive to 85t`' Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial
development plans will be incorporated into construction, as needed.
20. Provide details and calculations for external grease trap to be approved by City of
Fridley Engineering. Approval to be prior to construction commencement.
City of Fridley Land Use Application
PS #10-01 & SP #10-02 February 17, 2010
GENERAL INFORMATION
Applicant:
HTPO, Inc. on behalf of Wal-Mart
Charlie Howley
7510 Market Place Drive
Eden Prairie MN 55344
Requested Action:
Plat to create a new lot
Special Use Permit to allow the relocation of
the outdoor garden center
Existing Zoning:
C-2, General Business
Location:
8450 University Avenue
Size:
898,207 sq. ft. 20.62 acres
Existing Land Use:
Wal-Mart
Surrounding Land Use & Zoning:
N: Slumberland & C-2
E: University Avenue & ROW
S: Bandfill Crossing & C-2
W: Springbrook Apartments & R-3
Comprehensive Plan Conformance:
Comprehensive Plan designates this area
as Commercial
Zoning Ordinance Conformance:
Sec. 205.14.1.C.(13) requires a special use
permit for garden center or nurseries which
require outdoor display or storage of
merchandise.
Zoning History:
1992 — Lot is platted.
1992 — Wal-Mart is constructed.
1992 — SP #92-07 approved for a garden
center.
1994 — SP #94-14 approved for a garden
center expansion.
1996 — Interior alterations done for
McDonalds.
1999 — SP #99-11 approved for a garden
center expansion.
Legal Description of Property:
Lot 1, Block 1, Wal-Mart in Fridley
Public Utilities:
Existing buildings is connected. Utilities are
available for new lot.
Transportation:
The property is accessed from the
Universitv Avenue Service Drive.
Physical Characteristics:
Building, parking areas and landscaping.
SPECIAL INFORMATION
SU M MARY OF PROJECT
The petitioner, Mr. Howley, on behalf of Wal-Mart is
requesting a preliminary plat to create a new lot
commercial lot on the north side of the subject
property and a special use permit to allow the re-
location of the outdoor garden center from the east
side of the building to the north side of the building.
The Wal-Mart store is located at 8450 University
Avenue.
SU M MARY OF ANALYSIS
City Staff recommends approval of the preliminary
plat request, with stipulations.
• Proposed lots meet minimum standards.
City Staff recommends approval of this special use
permit, with stipulations.
■ Garden Center or Nurseries are a permitted
special use in the C-2, General Business
zoning district, subject to stipulations.
Aerial of Subject Property
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — March 8, 2010
60 Day — March 15, 2010
Staff Report Prepared by: Stacy Stromberg
PS #10-01 and SP #10-02
REQUEST
The petitioner, Mr. Charles Howley with
Hansen Thorp Pellinen Olson, Inc., (HTPO,
Inc.) who is representing Wal-Mart, is
requesting a preliminary plat to create a new
lot on the north side of the subject property
which is located at 8450 University Avenue.
A special use permit is also being sought to
allow the relocation of the garden center
from the east side of the building to the north
side of the building. The size of the garden
centerwill be reduced from 11,221 sq. ft. to
3,680 sq. ft.
SITE DESCRITPTION & HISTORY
The subject property is zoned C-2, General
Business as are the properties to the north
and south. Springbrook Apartments is
located to the west and University Avenue is
located to the east. The property is located
south of 85th Avenue, along the University
Avenue Service Road. The subject property
was platted in 1992 and as a result the
existing Wal-Mart was constructed. A
special use permit was also issued in 1992,
to allow the construction of a garden center.
Special use permits were issued in 1994 and
1999 to allow an expansion of the garden
center.
ANALYSIS AND CODE REQUIREMENTS
Plat Request, #10-01
HTPO, Inc. is seeking to replat the subject property to allow for the creation of a new lot along
the north side of the property. The proposed replat will consist of two lots; Lot 1, Block 1 and
Outlot A, Wal-Mart in Fridley 2nd Addition. Proposed Lot 1 will be 838,893 sq. ft. or 19.25 acres
in size and Outlot A will be 59,276 sq. ft. or 1.36 in size. The C-2, General Business zoning
district requires a minimum lot area of 20,000, which both lots will meet. City staff will stipulate
that the Outlot A receive access from the existing Wal-Mart access point and will require that a
shared parking easement be established between the two properties.
Special Use Permit Request, #10-02
Garden Centers and nurseries are a permitted special use in a C-2, General Business zoning
district, subject to stipulations.
As stated above, the subject property currently has a special use permit for a garden center.
Any modification to the garden center requires Planning Commission review and City Council
approval. The petitioner is proposing to relocate the existing garden center from the east side
of the building to the north side of the building. Along with the relocation, the garden center will
be reduced from 11,221 sq. ft to 3,680 sq. ft.
Relocating the garden center on the site is just a portion of the work proposed on the subject
property. The entire store will be remodeled by adding two receiving dock doors on the south
side of the building, relocating the entrance vestibule, branding the front elevation, adding a
grocery component, and reconstructing areas of the site immediately adjacent to the building. A
456 sq. ft. addition will be constructed to the vestibule area that will bring the total square
footage of the building to 121,191 sq. ft.
The remodel will also allow Wal-Mart a chance to make some other improvements to the site.
Those include reconstructing the front drive aisle access point with the University Avenue
Service Drive entrance, adding a sidewalk along the west side of the University Avenue Service
Drive to connect to the sidewalk at Bandfill Crossings, adding a crosswalk connection to the
existing bituminous trails on the east side of the University Avenue Service Drive, removing
excess parking on the north side of the property to create an outlot for future development, and
installing new landscaped islands in the parking lot.
City code requires the Wal-Mart building with the proposed 456 sq. ft. addition to have 553
parking stalls. The current site has 741 parking stalls. Wth the creation of the new outlot and
the some new landscaped islands, the subject property will have 576 parking stalls which is still
above what code would require.
The proposed relocation of the garden center and building expansion meets lot coverage and
setback requirements. The new garden center will be constructed using decorative block and
wrought iron fence. The decorative block will be painted as will the rest of the building.
SIDEWALK
City code requires that a five (5) foot sidewalk easement be provided along all property lines
when a commercial property is adjacent to a public right-of-way or across from residential. The
Council may allow the petitioner to delay installation of the sidewalk if the petitioner signs an
agreement that it will be constructed when the City requires the installation. As a result, staff
has stipulated that a sidewalk be installed along the University Avenue Service Drive to 85tn
Avenue, by September 2011.
RECOMMENDATIONS
City Staff recommends approval of the preliminary plat request, with stipulations.
• Proposed lots meet minimum standards.
City Staff recommends approval of this special use permit, with stipulations.
■ Garden Center or Nurseries are a permitted special use in the C-2, General Business
zoning district, subject to stipulations.
2
STIPULATIONS
Staff recommends that if the preliminary plat and special use permit are granted, the following
stipulations be attached.
1. A shared access agreement using Wal-Mart's existing access points shall be established
and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A
upon final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1, 363.35 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the
building and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the exterior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources
by following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
12. No intercom system shall be used in the garden center area.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the
University Avenue Service Drive to 85t`' Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial
development plans will be incorporated into construction, as needed.
20. Provide details and calculations for external grease trap to be approved by City of
Fridley Engineering. Approval to be prior to construction commencement.
�
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CfTY OF
FRIaLE7
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 8, 2010
Date: March 1, 2010
To: Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving Special Use Permit Request, SP #10-02, HTPO, Inc. on
behalf of Wal-Mart
INTRODUCTION
The petitioner, HTPO, Inc., on behalf of Wal-Mart is seeking
a special use permit to allow the relocation of the garden
center from the east side of the building to the north side of
the building. The size of the garden center will be reduced
from 11,221 sq. ft. to 3,680 sq. ft.
Relocating the garden center on the site is just a portion of
the work proposed on the subject property. The entire store
will be remodeled by adding two receiving dock doors on the
south side of the building, relocating the entrance vestibule,
branding the front elevation, adding a grocery component,
and reconstructing areas of the site immediately adjacent to
the building. A 456 sq. ft. addition will be constructed to the
vestibule area that will bring the total square footage of the
building to 121,191 sq. ft.
PLANNING COMMISSION RECOMMENDATION
At the February 17, 2010, Planning Commission meeting, a
public hearing was held for SP #10-02. After a brief
discussion, the Planning Commission recommended
approval of special use permit, SP #10-02, with the
stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning
Commission.
STIPULATIONS
1. A shared access agreement using Wal-Mart's existing access points shall be established
and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A
upon final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1, 363.35 upon
issuance of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the
building and make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a
roofed and contained area where water runoff cannot reach the exterior landscape or
storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources
by following Stormwater Best Management Practices (BMP's), including a stormwater
pollution prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special
use permit.
12. No intercom system shall be used in the garden center area.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in
length. Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the
University Avenue Service Drive to 85t`' Avenue. Design shall be reviewed by the City's
engineering staff and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance
of a building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which
shall include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether
their capacity allows performance of the stormwater management system as designed.
Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial
development plans will be incorporated into construction, as needed.
20. Provide details and calculations for external grease trap to be approved by City of
Fridley Engineering. Approval to be prior to construction commencement.
RESOLUTION NO. 2009 -
A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 10-02
FOR WAL-MART, GENERALLY LOCATED AT 8450 UNIVERSITY AVENUE NE
WHEREAS, Section 205.14.O1.C.13 of Fridley City Code allows garden centers or nurseries in an
C-2, General Business zoning district by a special use permit if certain conditions can be met; and
WHEREAS, on February 17, 2010, the Fridley Planning Commission held a public hearing to
consider a request by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, for the property
generally located at 8450 University Avenue NE in Fridley, legally described as Lot 1, Block 1,
Wal-Mart in Fridley, for a Special Use Permit SP# 10-02 to allow for the relocation of the garden
center; and
WHEREAS, on March 8, 2010, the Fridley City Council approved the stipulations represented in
Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit
SP# 10-02; and
WHEREAS, the petitioner, was presented with Exhibit A, the stipulations for SP# 10-02, at the
March 8, 2010 City Council meeting;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the
Special Use Permit SP# 10-02 and stipulations represented in Exhibit A are hereby adopted by City
Council of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gtn
DAY OF MARCH, 2010.
SCOTT LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
EXHIBIT A
SP# 10-02 Special Use Permit for a Garden Center Relocation
HTPO, Inc., on behalf of Wal-Mart, Generally located at 8450 University Avenue NE,
Fridley, MN
Stipulations
1. A shared access agreement using Wal-Mart's existing access points shall be established and filed
at Anoka County between Wal-Mart and Outlot A upon final plat approval.
2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon
final plat approval.
3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,36335 upon issuance
of a building permit for a building for Outlot A.
4. The petitioner shall obtain all necessary permits prior to construction.
5. The proposed building shall meet all building, fire, and ADA requirements.
6. South side of building shall be painted using more than one color to break up the building and
make it more compatible with the north side.
7. Garden Center materials shall be stored inside a permanent structure, attached to and
architecturally compatible with the principal structure.
8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and
contained area where water runoff cannot reach the exterior landscape or storm sewer.
9. Floor drainage for garden center/nursery must protect storm and ground water sources by
following Stormwater Best Management Practices (BMP's), including a stormwater pollution
prevention plan.
10. No merchandise can be sold or displayed outside the garden center walls.
11. No off-season storage can occur in the outdoor sale area unless specified in the special use
permit.
12. No intercom system shall be used in the garden center area.
13. Creation of the garden center shall not disrupt safe traffic flow through the site.
14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in length.
Screening walls shall be architecturally compatible with the principal building.
15. There shall be no storage of semi-trailers in the south concrete truck turnaround area.
16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the University
Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's engineering staff
and installed by September 2011.
17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a
building permit.
18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall
include BMP details. Approval to be prior to construction commencement.
19. The south and west stormwater detention areas shall be surveyed to determine whether their
capacity allows performance of the stormwater management system as designed. Analysis to be
provided to City of Fridley for approval. Work to restore capacity to initial development plans
will be incorporated into construction, as needed.
20. Provide details and calculations for external grease trap to be approved by City of Fridley
Engineering. Approval to be prior to construction commencement.
� AGENDA ITEM
� CITY COUNCIL MEETING OF MARCH 8, 2010
�ff1' 4F
FRIDLE7`
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