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CCA 12/03/2012
CITY COUNCIL MEETING OF DECEMBER 3, 2012 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. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 19, 2012 OLD BUSINESS: 1. 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 #12-02, by the Fridley Housing and Redevelopment Authority) ........................................................................... 1 - 6 NEW BUSINESS: 2. Receive the Minutes from the Planning Commission Meeting of November 21, 2012 .................................................................... 7 - 15 3. Approve the Joint Powers Agreement between the Cities of Fridley, Andover and Columbia Heights for GIS Services ........................................................................................... 16 - 25 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 2 NEW BUSINESS (CONTINUED): 4. Approve Consulting Services Agreement with Flat Rock Geographics, LLC, for 2013 GIS Technical Assistance .................................................................................................... 26 - 35 5. Resolution of the City of Fridley, Minnesota, Stating Its Support for the Development of the Mississippi River Trail (U.S. Bicycle Route 45) ............................................................... 36 - 39 6. Appointment – City Employee ...................................................................... 40 7. Claims (157433 – 157542) ........................................................................... 41 - 50 8. Licenses ....................................................................................................... 51 - 57 9. Estimates ..................................................................................................... 58 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda – 15 minutes. 2013 BUDGET AND PROPERTY TAX PUBLIC MEETING: 10. Presentation of the 2013 City of Fridley Budget. PUBLIC HEARING: 11. Consideration of a Text Amendment Request, TA #12-02, by Miller Funeral Home, to Add Language to the C-3, General Shopping Zoning District, of the City Code that would Allow a Crematory as an Accessory to a Mortuary, Generally Located at 6210 Highway 65 N.E. (Ward 2) ............................................................................ 59 - 74 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 3 NEW BUSINESS: 12. Approve Joint Powers Agreement between the City of Fridley and the Anoka Conservation District for Stabilization of the Oak Glen Creek Ravine, Project No. 380 ............................................................................... 75 - 90 13. Resolution Ordering Oak Glen Creek Improvements Project No. 380, Authorizing Preparation of Final Plans and Specifications, Authorizing the Advertisement for Bids, and Authorizing Preparation of Preliminary Proposed Assessment Roll for Pending Assessment Reporting Purposes ...................................................................................... 91 - 100 14. Resolution Approving First Amendment to Lease for Fridley Liquors .............................................................................................. 101 - 113 15. Informal Status Report ................................................................................. 114 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 19, 2012 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:33 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Bolkcom MEMBERS ABSENT: Councilmember Varichak OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney Layne Otteson, Assistant Public Works Director Scott Hickok Community Development Director Darin Nelson, Finance Director/Treasurer Deborah Dahl, Human Resources Director APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of November 5, 2012. Board of Canvass Meeting of November 13, 2012. Special City Council Meeting of November 13, 2012. APPROVED. OLD BUSINESS: 1.Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Chapter 3.04, Personnel. William Burns, City Manager, stated the ordinance raises the accumulation cap for employee annual leave days from 240 hours (30 days) to 280 hours (35 days). Council approved the first reading of the ordinance change on November 5. Staff recommends Council’s approval of the second and final reading. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 2 WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1298 ON SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2.Approve Change Order No. 2 for 2012 Water Main Project No. 404 and Jackson Street Improvement Project No. 413. William Burns, City Manager, stated that the changes include: 1.Additional fire hydrants …………………………………………………$15,226.95 rd 2.Replacement of an inoperable gate valve on 83 Avenue ……………….$1,628.45 rd 3.Replacement of unsuitable soils at 83Avenue and Main Street ……..... $1,224.17 Staff recommends approval of final change order in the amount of $18,079.57 to GM Contracting, APPROVED. 3.Approve Change Order No. 2 for 2012 street Rehabilitation Project No. ST2012-01. William Burns, City Manager, stated that this change order includes the following items: 1.Additional excavation and grading at the intersection of the University Avenue Service Drive and Fourmies Avenue: $897.50 from Street Funds. th 2.Subsurface excavations on Monroe Street, 67 Avenue and Rice Creek Terrace: 318.75 from Street Funds. 3.Removal of buried culvert pipe on Monroe Street near Mississippi Street: $307.50 from Storm Water Fund. 4.Additional reclaim material on Rice Creek Terrace: $905.00 from Street Funds. 5.Replacement of catch basin castings: $5,963.61 from Storm Water Funds. thth 6.Repair of five sink holes on 7 Street between Mississippi Street and 66 Avenue: $2,812.50 from Storm Water Funds. th 7.Damaged gate valve box section on 68 Avenue: $964.91 from Water Utility Fund. 8.Additional storm sewer work on Oakley Drive: $5,840.68 from Storm Water Fund. 9.Additional pavement work in area occupied by Minnesota Commercial Railway tracks on the Highway 65 Service Road: $1,767.50 from Street Funds. 10.Additional costs to pave Fourmies Avenue on Saturday at request of Fairview Medical Center: $7,791.31 from Street Funds and ultimately through a special assessment to Fairview Medical Center. Staff recommends Council’s approval of change orders amounting to $27,529.26 payable to Midwest Asphalt Corporation. APPROVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 3 4.Receive Bids and Award Contract for the Fridley Municipal Center AV Systems Project. William Burns, City Manager, stated staff opened bids for replacement of cable television control system and monitors on November 8, 2012. The low bid was submitted by CompView, Inc. of St. Paul, Minnesota in the amount of $125,250.23. This base bid provides for 70” Council Chamber wall monitors. Staff is recommending that we add $5,110.76 to the base bid for optional 80” wall monitors. This brings the total contract cost with CompView, Inc to $130,360.99. There is $170,000 budgeted for this project in the 2012 Cable Television Special Revenue Fund. Staff recommends Council’s approval. THIS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA. 5.Appointments – City Employees. William Burns, City Manager, stated that Staff recommends the following full-time, Police Department appointments: 1. Jill Koss Administrative Assistant 3 2. Michelle Zwicky Police Technician 3. Julia Johnson Police Technician These changes were triggered by the retirement of Sharie Ahlers from the Administrative Assistant 3 position earlier in 2012. APPROVED APPOINTMENTS. 6.Claims (157287 – 157432). APPROVED. 7.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF CONSENT AGENDA: Councilmember Bolkcom asked to remove Item No. 4 from the Consent Agenda. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item No. 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 4 AGENDA: MOTION by Councilmember Bolkcom to approve the Agenda with the addition of Item Nos. 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: No one from the audience spoke. 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 #12-02, by Fridley Housing and Redevelopment Authority). Scott Hickok, Community Development Director, said the petitioner is requesting to rezone the properties located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 University Avenue, known as, “Gateway Northeast” from C-2, General Business to S-2 Redevelopment District to accommodate the future redevelopment of these properties. Councilmember Saefke stated that last week there was a public hearing on this item and most of the questions were answered. The zoning allows not just commercial but also residential, so this could have a mixed use. Because this is in the transit oriented district any development would have to go before the Council and HRA before something could be built there. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Bolkcom. Councilmember Barnette asked if staff knew what was happening with the station on the north st side of University and 61 Avenue. Mr. Hickok answered the owner of the property is an investment group from Florida. Staff has had conversations with them about selling and they are interested. This property has now been rezoned to C2 which is better for site development. This property is not included in this motion but it is included in the tax increment district. Rezoning this area will help to get this site developed in the near future. At one time the City was considering buying that site. The soil analysis came back very clean which will make the site more attractive to sell. Councilmember Barnette asked if the building would be taken down. Mr. Hickok answered they prefer not to mobilize equipment twice. They are working on another site and may demolish them both at the same time. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 5 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9.Resolution accepting the Resignation of City Manager Dr. William W. Burns. Deborah Dahl, Human Resources Director, said this is a simple resolution to accept the resignation and retirement notice of City Manager, Dr. William W. Burns. As you may recall, on September 10 of this year, Dr. Burns provided Council with a letter of intent to retire on December 31, 2012. Because Dr. Burns is under a formal agreement with the City of Fridley, a resolution is required to accept his resignation or termination of his employment agreement. Ms. Dahl stated the formal agreement calls for a sixty (60) day notice of termination/resignation. Providing written notice on September 10, 2012, satisfies the terms of the agreement, and Dr. Burns will hold his position until midnight of December 31, 2012. Monday, December 10, 2012 will be the last meeting he attends in his official capacity as City Manager. Ms. Dahl stated Dr. Burns is retiring after 24 years of service where he has faithfully served the City of Fridley. It will be hard to see him leave but we wish him the very best and many happy years ahead in his retirement. Staff is planning on having an open house for Dr. Burns and the community just prior to his last meeting and would invite you and the public to attend on December 10, 2012 from 5:00 to 7:30 p.m. at the Municipal Center Lobby. Mayor Lund thanked Dr. Burns for his great service over the last 24 years. Councilmember Bolkcom asked what the process was for looking for another City Manager. Ms. Dahl said they have selected Slavin Management Consultant Services to meet with Council and Department Managers, and from that process a job description will be created. There will be a 90-day recruitment time frame before interviews begin. The entire process will take 4 to 5 months before a candidate is selected. This will be a national search but they expect the bulk of the applications to come from the metro area. Councilmember Bolkcom said it would be April or May before a new City Manager is selected. Ms. Dahl replied that is correct. MOTION by Councilmember Bolkcom to adopt Resolution No. 2012-85. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 6 NEW BUSINESS: 10.Resolution Approving and Authorizing the Agreement between the City of Fridley and Darin R. Nelson as Interim City Manager. Deborah Dahl , Human Resources Director, stated following the resignation and retirement of City Manager, Dr. Burns on December 31, 2012, staff is recommending an appointment of an Interim City Manager. The Interim City Manager would be in place until the search firm completes the national search for a new City Manager and the new manager begins employment. It is expected that the search will take approximately four to five months to complete. Ms. Dahl stated that this resolution is to approve a formal agreement pursuant to the City Charter and City Code. Chapter 6.01 of the Fridley City Charter establishes that the City Manager shall be the Chief Administrative Officer of the organization. Chapter 2.01 of the Fridley City Code states that the City Manager is empowered and obligated to perform and enforce the provisions of the Charter and all of the laws, ordinances and resolutions of the City. Chapter 6.01 states that the Council shall choose the City Manager. Ms. Dahl stated Dr. Burns made a recommendation to City Council at a special meeting on November 13 to appoint current Finance Director, Darin R. Nelson, to the position of Interim City Manager. Mr. Nelson has been with the City of Fridley two years. Dr. Burns feels Mr. Nelson has been effective in his role as Finance Director and is confident he has the training, education, and experience necessary to perform the duties of Interim City Manager. Ms. Dahl said this would become effective at 12:01 a.m. on January 1, 2013. Mr. Nelson will continue to serve as the City’s Finance Director. The Agreement calls for a 10% increase in his salary ($928.20 per month) and a car allowance of $354.96 per month (provided to the City Manager). All other benefits will remain the same as non-union employees. Ms. Dahl stated the City Attorney has reviewed the Agreement and Mr. Nelson has agreed to the terms of the Agreement as well. On the agenda for the December 6, 2012 HRA meeting, the Board will accept the resignation and retirement of Dr. Burns as well. Recommendation will be made to approve Mr. Nelson as the Interim Executive Director of the HRA. Staff is recommending the approval of the Resolution approving the appointment of Darin R. Nelson to Interim City Manager and approving the Employment Agreement between the City of Fridley and Darin R. Nelson, effective 12:01 a.m. on January 1, 2013. Councilmember Saefke was concerned with Mr. Nelson’s workload taking on the Interim City Manager position, since Mr. Al Foley retired as Assistant Finance Director and they are short staffed. Ms. Dahl said they have presented an offer to someone for the Assistant Finance Director position. That appointment should be on the December 3 agenda for Council approval. MOTION by Councilmember Saefke to adopt the Resolution No. 2012-86. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 4. Receive Bids and Award Contract for the Fridley Municipal Center AV Systems Project. Darin Nelson, Finance Director, said staff received information that the bid packet that was submitted did not include sales tax. The City Attorney recommended Council to accept the bid and staff present a change order for the sales tax at a later date. Staff is recommending the bid to be $128,305.76 and approve a change order later adding the sales tax. This bid includes the 80” monitor. Councilmember Bolkcom asked if the prevailing wage was in the agreement. Mr. Nelson answered yes. Councilmember Bolkcom asked if this money could be used for anything else because it was from the Cable TV Special Revenue Fund. William Burns, City Manager, answered no. Councilmember Bolkcom asked why this is being done now. Mr. Nelson replied the current equipment is limping along. Staff has been planning this for a few years and now there is a break with funding available so the work can get done. The funding is dedicated for cable TV equipment. Dr. Burns said that the current equipment has been here for 23 years. Councilmember Bolkcom noted the new monitors will be higher so the audience can see better. There will also be a monitor at the podium. Sometimes the agenda packets don’t copy well so it will be nice to have a high definition television to see things better. Mr. Nelson said that the monitor resolution now is not the best and the screen on the podium will be better for all to see. There will not be any individual monitors. Mayor Lund questioned if the amount quoted was correct. Mr. Nelson answered that the base bid included sales tax. MOTION by Councilmember Bolkcom to receive bids and award the contract for the Fridley Municipal Center AV Systems Project. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2012 PAGE 8 Councilmember Bolkcom asked if there would be a change order in the future with the tax added. Mr. Nelson replied yes, after the construction is completed. 11.Informal Status Report. Councilmember Bolkcom thanked the election judges who worked the election. Fridley had a 79% turnout with 3,140 voters who registered that day. She congratulated Mayor Lund and Councilmember Barnette. William Burns, City Manager, said the newsletter will be coming out in early December. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:09 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor AGENDA ITEM CITY COUNCIL MEETING OF DECEMGBER 3, 2012 Date:November26,2012 To:WilliamBurns,CityManager From:ScottHickok,CommunityDevelopmentDirector JulieJones,PlanningManager StacyStromberg,Planner Subject:SecondReadingoftheOrdinanceforRezoning,ZOA#1202,HousingandRedevelopment AuthorityinandfortheCityofFridley INTRODUCTION PaulBolin,AssistantExecutiveDirectorofthe/z·äxHousingandRedevelopmentAuthority(HRA),is requestingtorezonethepropertieslocatedat5831,5865,5895,5905,5925,5943,6005,6041,6061, and6071UniversityAvenue,knownas,{D ·;Þ äb©·w; ·|fromC2,GeneralBusinesstoS2 RedevelopmentDistricttoaccommodatethefutureredevelopmentoftheseproperties. CONSTENCYWITHCOMPREHENSIVEPLAN TherequestedzoningisconsistentwiththeComprehensivePlan'sdesignatedguidetoward redevelopment. PASTCOUNCILACTION AttheNovember19,2012,CityCouncilmeeting,thefirstreadingwasheldforZOA#1202. AttheNovember5,2012,CityCouncilmeeting,apublichearingwasheldforZOA#1202. Staffhassentthe60dayagencyactionlettertoallowtheadditionaltimeneededtoholdthefirstand secondreadingoftheordinance. PLANNINGCOMMISSIONRECOMMENDATION AttheOctober17,2012,PlanningCommissionmeeting,apublichearingwasheldforZOA#1202.After abriefdiscussion,thePlanningCommissionrecommendedapprovalofrezoning,ZOA#1202. THEMOTIONCARRIEDUNANIMOUSLY. PLANNINGSTAFFRECOMMENDATION CityStaffrecommendstheCouncilholdthesecondandfinalreadingoftheordinancetoapprove rezoningrequest,ZOA#1202toallowthebelowlistedpropertiestoberezonedfromC2,General BusinesstoS2,RedevelopmentDistrict. BuildingNameAddressPIN Sinclair6071UniversityAvenue233024210135 CityROWNoAddress233024210112 TaeKwanDo6061UniversityAvenue233024210111 NoAddress233024210110 OldVanOLite6041UniversityAvenue233024210109 Carquest6005UniversityAvenue233024210134 NewVanOLite5943UniversityAvenue233024210143 NoAddress233024210141 Alano5925UniversityAvenue233024210140 SelectProducts5905UniversityAvenue233024210123 5905UniversityAvenue233024210122 5905UniversityAvenue233024240016 FridleyAnimalHospital5895UniversityAvenue233024240130 ChinaBuffet5865UniversityAvenue233024240023 SikhSociety5831UniversityAvenue233024240022 ORDINANCE NO. ___ ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated. SECTION 2. The tracts or area within the State of Minnesota and the County of Anoka and the City of Fridley and described as: Building Name AddressPIN Sinclair 6071 University Avenue233024210135 City ROW No Address233024210112 Tae Kwan Do 6061 University Avenue233024210111 No Address233024210110 Old Van-O-Lite 6041 University Avenue233024210109 Carquest 6005 University Avenue233024210134 New Van-O-Lite 5943 University Avenue233024210143 No Address233024210141 Alano 5925 University Avenue233024210140 Select Products 5905 University Avenue233024210123 5905 University Avenue233024210122 5905 University Avenue233024240016 Fridley Animal Hospital 5895 University Avenue233024240130 China Buffet 5865 University Avenue233024240023 Sikh Society 5831 University Avenue233024240022 Legal Descriptions – attached as Exhibit A SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zone District C-2 (General Business) to S-2 (Redevelopment District). rd PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3 DAY OF DECEMBER, 2012. ________________________________ SCOTT J. LUND – MAYOR ATTEST: _____________________________ DEBRA A. SKOGEN – CITY CLERK Public Hearing: November 5, 2012 First Reading: November 19, 2012 Second Reading: December 3, 2012 Publication: December 13, 2012 EXHIBIT A PIN Legal 233024210135 THAT PRT OF LOTS 26, 27, 28, 29 & 30 BLK 4 HYDE PARK LYG WLY OF FOL DESC LINE: COM AT NW COR OF SD LOT 30, TH S ALG W LINE OF SD LOT 6 FT TO POB, TH E PRLL/W N LINE OF SD LOT 57.49 FT, TH ON A TAN CURTO THE RT, RAD OF 45 FT, 60.53 FT, TH SLY TAN TO SD CUR 60.20 FT, TH SWLY ON A TAN CUR TO THE RT RAD OF 55 FT, 77.93 FT, TH CONT SWLY TAN TO SD CUR 9.53 FT, TH SWLY ON A TAN CUR TO THE LFT, RAD OF 120 FT, TO ITS INTER/W W LINE OF SD BLK & THERE TERM; SUBJ TO EASE OF REC 233024210112 THAT PRT OF LOTS 26 & 27 BLK 4 HYDE PARK LYG SELY OF FOL DESC LINE: COM AT NW COR OF LOT 30 SD BLK 4, TH S ALG W LINE THEREOF 6 FT, TH E PRLL/W N LINE THEREOF 57.49 FT, TH ON A TAN CUR TO RT WITH A RAD OF 45 FT 60.53 FT, TH SLY TAN TO LAST DESC CUR 60.20 FT, TH SWLY ON A TAN CUR TO RT WITH A RAD OF 55 FT 77.93 FT, TH CONT SWLY TAN TO LAST DESC CUR 9.53 FT, TH SWLY ON A TAN CUR TO LFT WITH A RAD OF120 FT TO ITS INTER/W W LINE OF SD BLK 4 & THERE TERM SUBJ TO EASE OF REC 233024210111 LOTS 24 & 25 BLK 4 HYDE PARK TOG/W ADJ VAC PRT OF UNIVERSITY AVE NE SUBJ TO EASE OF REC 233024210110 THE N1/2 OF LOT 23 BLK 4 HYDE PARK, SUBJ TO EASE OF REC 233024210109 LOTS 20 THRU 22 INCL BLK 4 HYDE PARK, TOG/W S1/2 OF LOT 23 SD BLK 4, ALSO TOG/W ADJ VAC UNIVERSITY AVE NE, SUBJ TO EASE OF REC 233024210134 LOTS 16 THRU 19 INCL BLK 4 HYDE PARK; SUBJ TO EASE OF REC 233024210143 THE N 20 FT OF LOT 26 BLK 13 HYDE PARK, TOG/W LOTS 27 THRU 30 INCL SD BLK 13, ALSO TOG/W W1/2 OF ADJ VAC ALLEY, SUBJ TO EASE OF REC 233024210141 LOT 25 BLK 13 HYDE PARK, TOG/W LOT 26 SD BLK 13, EX N 20 FT THEREOF, SUBJ TO EASE OF REC 233024210140 LOTS 18 THRU 24 INCL BLK 13 HYDE PARK, SUBJ TO EASE 233024210123 LOTS 16 & 17 BLK 13 HYDE PARK TOG/W W1/2 OF ADJ VAC ALLEYY SUBJ TO EASE OF REC 233024210122 THE N1/2 OF VAC BROADWAY AVE, NOW KNOWN AS 59TH AVENUE, AS DEDICATED IN THE PLAT OF HYDE PARK, LYG E OF SLY EXTN OF W LINE OF LOT 16 SD PLAT & LYG W OF SLY EXTN OF C/L OF VAC ALLEY ADJOINING EBOUNDARY OF SD LOT 16, TOG/W W1/2 OF VAC ALLEY IN BLK 13 HYDE PARK, AS DEDICATED IN SD PLAT, LYG S OF ELY EXTN OF N LINE OF LOT 17, SD PLAT & LYG N OF ELY EXTN OF S LINE OF LOT 16, SD PLAT, SD ALLEYBEING SUBJECT TO AN EASE FOR UTILITY PURPOSES TO CITY OF FRIDLEY 233024240016 LOT 9 BLK 3 BENNETT-PALMER ADD TOG/W W1/2 OF ADJ VAC ALLEY, SUBJ TO EASE OF REC 233024240130 LOTS 5 THRU 8 INCL BLK 3 & LOT 17 BLK 4 BENNET PALMER ADD, EX S 49 FT OF SD LOT 17, TOG/W VAC WALKWAY LYG BET SD BLKS 3 & 4, SUBJ TO EASE OF REC 233024240023 LOT 15 EX S 24 FT THEREOF, ALL OF LOT 16 & S 49 FT OF LOT 17 ALL IN BLK 4 BENNETT PALMER ADD, SUBJ TO EASE OF REC 233024240022 LOTS 10 THRU 14 INCL BLK 4 BENNETT- PALMER ADD, TOG/W S 24 FT OF LOT 15 SD BLK 4, SUBJ TO EASE OF REC PLANNING COMMISSION MEETING November 21, 2012 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: Jack Velin, Brad Sielaff, David Kondrick, and Leroy Oquist, Tim Solberg MEMBERS ABSENT: Brad Dunham and Dean Saba OTHERS PRESENT: Stacy Stromberg, Planner Scott Hickok, Community Development Director Shannon Asmus, Miller Funeral Home Steve Anderson, Miller Funeral Home Approval of Minutes: October 17, 2012 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1.PUBLIC HEARING Consideration of a Text Amendment, TA #12-02, by Miller Funeral Home, to add language to the C-3, General Shopping zoning district code language that would allow a crematory as an accessory to a mortuary, generally located at 6210 Highway 65 NE. MOTION by Commissioner Solberg 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 7:02 P.M. Stacy Stromberg , Planner, stated the petitioner, Shannon Asmus, on behalf of the Miller Funeral Home, is seeking a text amendment to add language to the C-3, General Shopping zoning district; that would allow a crematory as an accessory to the mortuary use at the subject property, which is located at 6210 Hwy 65. Ms. Stromberg stated the equipment to perform cremations is called a retort. The retort is proposed to be located in the detached accessory structure on the west side of the property. All activity associated with the cremation process will take place within the existing accessory structure. No portion of the process will be visible to a passive viewer. Ms. Stromberg stated the subject property is zoned C-3, General Shopping and is located in the northwest corner of the intersection of Highway 65 and West Moore Lake Drive. On the property are a 6,348 square foot mortuary building and a 1,859 square foot accessory structure. The following activities have occurred on the property since 1963: Planning Commission Meeting November 21, 2012 Page 2 1963 – Variances were granted for building setbacks, parking stalls, and driveway location for a mortuary. 1967 – Issuance of a building permit for the mortuary building. 1987 – A variance was granted to reduce the side yard setback on a corner lot to 35 feet to allow construction of a building addition on the west end of the mortuary. 1993 – A variance was granted to reduce the side yard setback to 3 feet to allow a hearse enclosure. 1994 – A variance was granted to increase the size of a freestanding sign and a 30-foot by 60-foot garage was built. 1996 – A variance to reduce the side yard setback was approved, a variance to reduce the rear yard setback was denied; and additional side and rear yard setback variances were denied. 1998 – A variance to reduce the south side yard setback to 37 feet was approved. 2001 – Variances were approved to reduce the front yard setback from 80 feet to 58.25 feet; reduce the side yard setback on the north side from 15 feet to 3.7 feet, and a variance to reduce the side yard setback on the south corner lot from 80 feet to 37.4 feet, to allow construction of additions which total 3,489 square feet – these additions were never constructed. 2008 – Two variances were approved to reduce the side yard setback on the north side of the building from 15 ft. to 3.7 ft. to allow an expansion of the existing garage and to increase the encroachment of a canopy into the required side yard from 3 feet to 7 feet – these additions were never constructed. Ms. Stromberg stated the petitioner has initiated a text amendment to add language to the C-3, General Shopping zoning district code that would allow a crematory as an accessory use to a mortuary, provided specific code requirements can be met. Mortuaries are currently a permitted use in our C-2, General Business and C-3, General Shopping zoning districts. The crematory use is not specifically listed as a permitted use or an accessory use, so staff determined that it was beneficial for the petitioner to request the addition of the proposed language to ensure that the crematory use is allowed. Ms. Stromberg stated the following is the narrative provided by the petitioner: Miller Funeral Home has been serving families in this area since 1929. Over the past 83 years, there have been many changes in funeral service. One such change has been the steady increase in demand by local families for cremation. Cremation is an optional method of preparation of a deceased body. Currently, Miller Funeral Home staff must transport the deceased to an independent crematory, leave it with the crematory operator, and then return to pick up the cremated remains for transport back to the funeral home. This transferring of the deceased means that, for a time, the deceased is out of the funeral home staff’s immediate care. Miller Funeral Home wants to offer cremation as a direct service to our families. The equipment necessary to perform cremations is called a ‘retort’. Miller Funeral Home proposes to purchase a new retort which will be installed and operated in the remodeled, detached garage building on its property at 6501 Highway 65 N, Fridley, MN. Any retort purchased by Miller Funeral Home would be required to meet or exceed all Minnesota Pollution Control Agency air quality standards; and, would be licensed and inspected annually by the State of Minnesota, Department of Health. Planning Commission Meeting November 21, 2012 Page 3 For this reason, Miller Funeral Home is working with the City of Fridley to expand the language within the current zoning district codes to allow a crematory as an accessory use to a mortuary (funeral home). The purchase and placement of the retort would occur when the City of Fridley has approved the text amendment and the city building inspector has approved our building permit. Ms. Stromberg stated as indicated by the petitioner there has been an increase in demand for cremation over the last several years. Based on information provided by the Mortuary Science Program, in 1990, 15.8 percent of Minnesota deceased chose cremation where 46.8 percent chose cremation in 2009. It is expected that that percentage will continue to increase. As a result, providing the opportunity to have this service within our community can be considered valuable. Ms. Stromberg stated staff had the opportunity to tour North Mankato Mortuary, which is affiliated with the petitioner’s business. North Mankato Mortuary has a very similar set-up to the one proposed at Miller Funeral Home. The crematory building with the retort appliance is located in a detached accessory building. Staff visited the site when the retort was in use to fully grasp any potential concerns the residents of Fridley might have. The building looks like a typical garage structure, with a stack coming off the top of the building and a vent off the back of the building. No smoke or odor was present during staffs visit. Other than a somewhat loud fan sound that could be heard from the outside of the building, there were no other impacts. According to the petitioner, the retort appliance that we witnessed is manufactured by Matthew’s Manufacturing and is nine-year’s old. The retort to be installed at Miller Funeral Home will be brand new and is manufactured by Crematory Manufacturing & Services Inc. (CMS), which manufactures a quieter appliance. Ms. Stromberg stated in studies conducted by CMS, that measured the noise (decibel) level of the retort appliance, about 70 decibels was measured at a 0 distance. Based on information gathered by the petitioner, 70 decibel is the noise level you would typically hear when operating a washing machine, air conditioner or dishwasher, whereas the Matthew’s appliance when in operation can measure at double that decibel level. Staff should also point out that the building staff visited is a stick constructed building as opposed to the Miller Funeral Home building that is made out of brick and block, which will help with buffering the noise. Any noise concerns should also be alleviated by the fact that there is a 40-foot tree line buffer area between the subject property and the residential properties to the west. Ms. Stromberg stated Miller Funeral Home’s garage is also flat-roofed so the stack coming off the roof will be shorter and it will be screened on all sides with a roof-top screening device. Ms. Stromberg stated when Miller Funeral Home approached the City about installing the retort in the detached accessory structure on the existing property, staff determined that though a mortuary is a permitted use in the C-2, General Business and C-3, General Shopping zoning districts, there is no mention of a crematory use either as a permitted use or an accessory use. As a result, staff advised the petitioner to request a text amendment to allow a crematory as an accessory use to a mortuary within the C-3, General Shopping zoning district only. Although a mortuary is allowed in a C-2, General Business district, generally the lot size of these parcels are much smaller and as a result, this use is better suited in the C-3, General Shopping district. The petitioner has submitted the proposed text language that would allow a crematory as an accessory to a mortuary, provided the following conditions are met. Those conditions are listed below: (a)Crematory must be licensed annually by the State of Minnesota Department of Health. Planning Commission Meeting November 21, 2012 Page 4 (b)Crematory must be inspected annually by the State of Minnesota Department of Health. (c)Emissions from the operation of the retort must meet State of Minnesota Pollution Control Agency standards. (d)The retort must be properly maintained and serviced by the manufacturer at minimum every 18 months. (e)Mortuary will employ a fully trained, Certified Cremation Technician, capable of overseeing the operation and maintenance of the crematory and retort equipment. (f)Mortuary will make copies of State licensure renewals and annual inspection reports available to the City Building Inspector upon request. Ms. Stromberg stated of particular importance when considering a text amendment is determining if the proposed use would be consistent with the purpose and intent of the zoning district in which it would become allowable, and whether or not the proposed use would be compatible with other accessory uses within the district. Staff has determined that the above-mentioned conditions are necessary for the proposed accessory use to be compatible with the purpose and intent of the commercial zoning ordinance. The proposed crematory use is an accessory or an extension to the mortuary services that are already being provided on the site. Based on the information staff witnessed and provided by the petitioner this type of accessory use; would be considered reasonable to be allowed in the C-3 zoning district, without causing disruption to the neighboring properties and uses. Ms. Stromberg stated the petitioner went door to door to visit with the neighbors within 350 feet of the subject property on November 3, 2012, with no negative comments from the people they were able to visit with. They also held an open house at Miller Funeral Home on November 10, 2012. No one attended that event. Ms. Stromberg stated City staff has received two letters in opposition, one from the property owners at 6264 Baker Avenue, who state in their letter that they feel that it is already difficult to sell homes on Baker Avenue and this will make it worse. The other letter is from the property owner at 6220 Baker Avenue. No reason was given for the opposition, just that she did not want the crematory. Ms. Stromberg stated City Staff recommends approval of the text amendment with certain conditions as the proposed accessory use is an extension of the permitted use. Chairperson Kondrick asked, in the area where it must be licensed, inspected, emissions, watched, maintained, the mortuary should employ fully-trained people and must make copies of state licensure renewals, etc., is it the City who takes care of these things or is it the State? Who is responsible for compliance? Ms. Stromberg replied, those are things the petitioner would apply to the State for. One of the requirements is that those documents are then provided to the City of Fridley upon asking for them. Chairperson Kondrick asked whether the City has the right to check on them and ask where are they at? Ms. Stromberg replied, of course. The City can call the Minnesota Department of Health, and the Pollution Control Agency, at any point. Chairperson Kondrick stated this is a new thing for the City and they want to make sure and stay on top of it. Planning Commission Meeting November 21, 2012 Page 5 Commissioner Sielaff asked whether the petitioner has to get an air quality permit then from the MPCA for their emissions? Ms. Stromberg deferred that question to the petitioner. Commissioner Sielaff asked if there is odor? Shannon Asmus , Miller Funeral Home, stated for any crematorium in the State of Minnesota to be operational, they do need to be licensed by the Minnesota Health Department, Department of Mortuary Science. They would come out after their application gets submitted to inspect to make sure everything is proper and then issue a license. That is renewed every year, and they have to hang that license so it is visible if someone stops by. Those copies will be made available to the City at any time of their request. Ms. Asmus stated there will be no odor from the crematory. The crematories are manufactured where with the intense heat and the afterburners and the technology in there, there is no odor. As to pollution control there are federal guidelines they follow, and he goes through the State; and the manufacturer follows those pollution guidelines set by the Federal government. The manufacturer guarantees those are met before installation, and then they review that to make sure that everything is done properly. Chairperson Kondrick asked whether the design of the equipment that is going to be installed there prevents those two things from occurring? Mr. Asmus replied, that is correct. Commissioner Sielaff asked, the petitioner does not have to actually monitor the emissions then? Mr. Asmus replied, no, they do not. Actually in the retort stack there is a beam of light that goes through. If there is pollution going through, it shuts the machine down. The technology is there to detect any malfunction. Commissioner Solberg asked whether it was smokeless as well? Mr. Asmus replied, that is correct. Commissioner Solberg stated really the venting for the stack is for heat. Mr. Asmus replied, correct. Commissioner Solberg stated this will be back in the garage area in the back of the parking lot. Do they just drive into the facility? Mr. Asmus replied, it is a six-stall garage. Their architect designed the project so that the center two stalls would be used for the crematory. Then the van or hearse carrying the casket or container will go into the stall of the left-hand side and will close the door all the way. There will be a door then accessing into the middle stall. There will be two walls on either side of the middle stall. If anyone is on the left or the right side, they will not be able to see into the center; and all the work done in there will be done in private. Planning Commission Meeting November 21, 2012 Page 6 Commissioner Solberg asked in terms of the amount of cremations they would do at Miller right now, does it fall into the same amount they are seeing, 46 or 47 percent? Mr. Asmus replied, that is a state average and the metro averages are slightly higher than that. If he looked at all the calls that are coming through Miller Funeral Home, they are probably running at 55-57 percent cremation rate. They anticipate that to pick up slightly. National averages, with the state they focus on being California with the highest rate, it has leveled out at about 50 percent. Commissioner Solberg asked, if there is no odor and no smoke, other than the nose at the level of an air conditioner perhaps, would there be any other disturbance that might alert them as to what is going on in there? Mr. Asmus replied, they would not know. There should not be any other issues that would alert the neighbors there is something going on in there. Commissioner Oquist asked whether they would be performing cremations for other funeral homes as well? Mr. Asmus replied the owner of Miller Funeral Home has funeral homes in Andover and Anoka. He is assuming those cremations may come over but not all of them will because of the distance. It would be used primarily by the Miller business. Chairperson Kondrick asked whether this facility and any facility like it is used 24 hours a day? Mr. Asmus stated their company has three other crematories in the State of Minnesota with one in Mankato. They are probably doing 300 cremations a year out of there. They would consider that to be almost maxed out and they have a higher amount down there. You can only do a couple of cremations a day because of the heat-up and the cool-down process. Chairperson Kondrick asked how long does it take? Mr. Asmus replied for the actual cremation for an average-sized person is a couple of hours. Commissioner Sielaff asked if they are operating the crematory properly, there are no emissions? Mr. Asmus replied, there is not the pollution coming out that one would expect. Commissioner Sielaff asked, there is an emission coming from the facility? Mr. Asmus replied, yes, what is there and what comes out is done by an independent test. Commissioner Sielaff asked if they are not monitoring to see what that emission is, how do they know they are in compliance? Mr. Asmus replied if the equipment is operating properly, it is set to fit the standards or the federal guidelines. They come out and inspect. The petitioner calls the company and they come out and they try and have it done every 12 months. Planning Commission Meeting November 21, 2012 Page 7 Commissioner Sielaff asked, the company comes out periodically to test their equipment? Mr. Asmus replied, they come out and make sure it is operating properly. Commissioner Sielaff asked, and they fill out a form and submit it to the MPCA? Mr. Asmus replied, they would have it and supply it to the City. Scott Hickok , Community Development Director, stated staff had similar concerns and wanted to learn as much as they could and found going to the Mankato site was very interesting. A combination of the intense heat and the afterburner for pollution control, etc. was amazing that you can stand right near it and not have the odor or any smoke that would indicate that a cremation was going on. The event could be happening and a passerby would have no outward sign of it happening. He is very impressed with how the system is designed. One of the things he learned about the afterburner system is it will literally shut the machine down if it starts to fail any of the emissions tests that it was designed to operate within. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:28 P.M. Chairperson Kondrick stated he did not have any problems with this. The location seems to be good and there is enough room between the building and the houses, with the only sound being as loud as an air condition. The petitioner seems to have their act together in terms of equipment, and they have been cautious and careful and willing to tell people what the process is. This idea of cremation is catching on all over. The State has enough wisdom to watch out for this and protect its citizens from trouble. Commissioner Oquist stated this really seems it is controlled by the State which is not new at it. MOTION by Commissioner Oquist approving Text Amendment, TA #12-02, by Miller Funeral Home, to add language to the C-3, General Shopping zoning district code language that would allow a crematory as an accessory to a mortuary, generally located at 6210 Highway 65 NE. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 2.Receive the Minutes of the October 4, 2012, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Oquist to receive the Minutes. Seconded by Commissioner Solberg. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Planning Commission Meeting November 21, 2012 Page 8 3.Receive the Minutes of the September 11, 2012, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the next Planning Commission meeting is scheduled for December 19, 2012. Mr. Hickok stated they received good news from Metropolitan Council. It is not 100 percent official yet but the staff at the Metropolitan Council is recommending to the Metropolitan Council that it award $100,000 for a planning study that helps the City master plan the western side of the railroad tracks which is within the City’s TOD. For example, the JLT site is in that area, along with some of the apartment buildings they have talked about in the past that they have looked at for potential redevelopment. This is a very good thing and the Planning Commission will be made part of that planning process. They will first determine whether they can get the money and from there will use the money for a very good solid planning purpose. Mr. Hickok stated they may recall the City also had a request in for some money to help design a st pedestrian/bicycle overpass at University Avenue and 61. The Met. Council staff did not recommend the Council fund that. The City had 46 points, and it would have taken 50 points to get the money. Mr. Hickok stated the Faulkner senior project along Old Central and East Moore Lake Road is under construction now. That is an additional 19 units of memory care. It is really taking shape. The City can be very proud of that whole block. Chairperson Kondrick stated what pressure is the Metropolitan Council able to apply to get the Northstar Corridor extended out to St. Cloud? Mr. Hickok replied the Metropolitan Council has done a lot of work to that end. They have all of the statistical evidence they need to help demonstrate what the Anoka County Commissioner is saying that so much of the ridership on the Northstar right now gets on in St. Cloud, takes a bus down to Big Lake. They have proven very well that they would use it. Incoming and outgoing would. As a public entity there is only so much they can do. They are optimistic that it will prove itself and at some point will be expanded. The Metropolitan Council will do what it can to make sure that happens; however, to this point they provide the data. And there are other folks who can actually do the lobbying. Chairperson Kondrick stated he would think the Vikings, the Twins, and the Timberwolves would be really interested in grabbing a hold of some fans in St. Cloud. ADJOURN MOTION by Commissioner Solberg adjourning the meeting. Seconded by Commissioner Oquist. Planning Commission Meeting November 21, 2012 Page 9 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:40 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 TO: William W. Burns, City Manager PW12-091 FROM: James P. Kosluchar, Public Works Director DATE: November 29, 2012 SUBJECT: Approve Joint Powers Agreement with Cities of Andover, and Columbia Heights for GIS Services For over 15 years, the City of Fridley has contracted cooperatively with the Cities of Andover and Columbia Heights to procure contracted GIS services. This contract allows a cost-effective way to maintain our GIS information and to provide GIS mapping and data entry and mapping. This enables the City of Fridley to analyze and manage data and associated attributes which are spatially reference such as land use, zoning, and overlay district elements, utility and facilities elements, and occurrence and activity elements. Our Joint Powers Agreement that was originally established included an expiration date, and has lapsed. We have been cooperatively procuring GIS services in accordance with the agreement in the interim. Attached please find an updated GIS Joint Powers Agreement that updates and reinstates the terms of the agreement. This has been reviewed and revised by the City Attorney, and has been provided to both the Cities of Andover and Columbia Heights for their review and comment with requested revisions incorporated. Staff requests that the City Council move to approve the attached GIS Joint Powers Agreement with the Cities of Andover and Columbia Heights. JPK:jpk attachment GIS JOINT POWERS AGREEMENT This Agreement is made and entered into by and between the City of Andover, a Minnesota municipal corporation, the City of Fridley, a Minnesota municipal corporation, and the City of Columbia Heights, a Minnesota municipal corporation. RECITALS WHEREAS, the parties hereto desire to jointly and cooperatively exercise their powers to provide geographic information systems and data as efficiently and cost-effectively as possible; and WHEREAS, the parties hereto previously executed a GIS Joint Powers Agreement in 1996 (the “1996 JPA Agreement”), which has lapsed; and WHEREAS, despite the lapse of the 1996 JPA Agreement, the parties hereto continued to jointly and cooperatively contract for a common geographic information systems and data; and WHEREAS, the parties desire to reaffirm their commitment to such joint and cooperative activity concerning common geographic information systems and data, and memorialize their joint and cooperative activity and agreement with respect to such activity; NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: -1- I. PARTIES The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, as may be amended from time to time. II. DEFINITIONS For the purpose of this Agreement, the terms defined in this Article have the meanings given to them. Section 1. “Board” means the board of directors established by Article V. Section 2. “Council” means the governing body of eachgovernmental unit. Section 3. “GIS” means geographic information systems. Section 4. “GIS Provider” means the person or firm hired to provide GIS technical assistance to the Organization and fulfill the tasks generally described in Section IV of this Agreement. Section 5. “Member” means the governmental unit which has entered into and become a party to this Agreement. Section 6. “Members” means all the governmental units which have entered into and become a party to this Agreement. Section 7. “Organization” means the joint and cooperative organization created by this Agreement and comprised of the Members of this Agreement. III. GENERAL PURPOSE The general purpose of this Agreement is to establish an organization to coordinate efforts to provide GIS services to the Members and provide joint funding of a GIS Provider. IV. SCOPE OF SERVICES -2- This Organization shall be responsible for organizing and updating databases for use with GIS software, updating of GIS base maps, and providing custom GIS applications based on the need of each of the Members. Furthermore, the Organization shall provide various forms for training of GIS users, develop proposals that will enable individual Members to seek quotes for various data gathering input to their respective GIS systems, analyze each Member’s GIS hardware, and render advice relative to the networking of each Member’s hardware. V. GOVERNING BOARD The governing body of the Organization shall be a Board consisting of three persons, each of whom shall be the City manager/administrator of each Member or their designees. The Board shall not have the authority to issue bonds. VI. MEETINGS Section 1. Board members shall meet at least once annually for the purpose of evaluating the work of the GIS Provider as well as defining the scope and cost of work to be st completed in the next calendar year. Said meeting shall be held on or before October 1, of each year, or on such other day as the Board may mutually agree upon. Section 2. The Board may make such contracts and enter into such agreements as it deems necessary to make effective any power granted by this Agreement. It may contract with any of its Members, or others, to provide space, services or materials on behalf of the Organization. VII. DISTRIBUTION OF BENEFITS All benefits of the GIS Provider services are to be allocated among the Members of the Organization in a manner and in proportion as mutually agreed upon by the Members based upon their individual usage of the services. The GIS Provider will strive to accomplish the items in -3- the Scope of Services relevant to all Members before performing additional, individual Member- specific tasks. The GIS Provider will be available to meet with the representative of each of the Members to discuss progress being made on each of the items listed in the Scope of Services and each Member’s specific tasks. VIII. FINANCES Section 1. Members shall contribute to the cost of a contract with a GIS Provider for the performance of tasks identified under the Scope of Services in proportion to the benefit of service each Member receives from the GIS Provider. Each Member shall be provided with a quarterly summary of costs incurred under this Agreement, and will pay amounts due within thirty (30) days of receiving said summary. Section 2. The Organization's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Columbia Heights to act as depository for the Organization’s funds. There shall be no disbursement of Organization funds from the City of Columbia Heights depository account without the prior written approval of at least two Board members. Section 3. The City of Columbia Heights will receive invoices from the GIS Provider and pay the GIS Provider on a monthly basis for the work performed, in accordance with this Agreement. The City of Columbia Heights shall be responsible for maintenance of any grant revenue or other revenues collected by the Organization. Interest collected on funds held on behalf of the Organization shall be the property of the Organization. Section 4. The Board shall make a financial accounting report to the Members at least once a year. The books and records of the Organization shall remain open and available for inspection by Members at all reasonable times. -4- Section 5. An annual budget shall be adopted by the Board at the organizational meeting and the annual meeting each year. Copies of the budget shall be mailed promptly to the City manager/administrator of each Member. The budget shall be deemed approved by each Member with the exception of any Member who, at any time prior to the annual meeting, gives notice in writing to other Members that it is withdrawing from the Organization. IX. INDEMNIFICATION Each Member shall fully indemnify and hold harmless the other Members against all claims, losses, damages, liability, lawsuits, judgments, costs and expenses by reason of action or inaction of its employees assigned to the Organization. The Agreement to indemnify and hold harmless does not constitute a waiver by any Member of limitations on liability provided by Minnesota Statutes, Chapter 466. To the fullest extent permitted by law, this Agreement is intended to be, and shall be, construed as a “cooperative activity” and it is the intent of the Members that they shall be deemed a “single governmental unity” for the purposes of liability, as set forth in Minn. Stat. §471.59, Subd. 1a(b). Nothing herein shall be construed to waive or limit any immunity availability to any Member, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. Under no circumstances shall a Member be required to pay on behalf of itself or other Members, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 relative to any third party claim. The statutory limits of liability for some or all of the Members may not be added together or stacked to increase the maximum amount of liability for any third party claim. -5- X. DURATION This Agreement shall become effective upon the execution by all Members listed in Paragraph 1 of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same Agreement. This signed Agreement shall be filed with the City Clerk in the City of Andover, who shall notify all Members in writing of its effective date. Section 1. This Agreement shall continue in full force and effect, automatically renewing annually, unless and until terminated pursuant to Section 2 of this Article. Section 2. This Agreement can be terminated at any time upon the prior written agreement of two-thirds (2/3) of the Board members. Section 3. Upon termination of this Agreement, all property of the Organization, and any proceeds from the sale thereof, shall be distributed to the Members in proportion to the contributions of each Member of this Agreement. Section 4. Governmental units wishing to become Members after the effective date of this Agreement may be admitted only upon the favorable vote of two-thirds (2/3) of the votes of the Board members. Financial contributions and responsibilities of any newly admitted Member shall be prorated to the date of membership as determined by the Board. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes, Section 471.59. [The remainder of this page is intentionally left blank.] -6- CITY OF ANDOVER SIGANTURE PAGE Approved by the City Council CITY OF ANDOVER , By Title Date of Signature By Title Date of Signature -7- CITY OF FRIDLEY SIGNATURE PAGE Approved by the City Council CITY OF FRIDLEY , By Mayor Date of Signature By City Manager Date of Signature -8- CITY OF COLUMBIA HEIGHTS SIGNATURE PAGE Approved by the City Council CITY OF COLUMBIA HEIGHTS , By Title Date of Signature By Title Date of Signature -9- AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 TO: William W. Burns, City Manager PW12-092 FROM: James P. Kosluchar, Public Works Director DATE: November 29, 2012 SUBJECT: Consulting Services Agreement for 2013 GIS Technical Assistance Attached is a proposed consulting services agreement for GIS services for 2013. Flat Rock Geographics (formerly GIS Rangers) has provided GIS services including data entry and mapping to enable the City of Fridley to analyze and manage data and associated attributes which are spatially referenced. These services will be contracted through the updated GIS Joint Powers Agreement, with the Cities of Andover, Columbia Heights, and Fridley participating as member cities. The proposed 2013 contract is the same as the 2012 contract with updated term dates and a 3% cost increase in the hourly rate for the “Ranger” classification. As you may recall, GIS Rangers had accommodated our previous budget by holding their hourly rates with no increase for 2012. The hours of service provided in the proposed contract is the same as in 2011 for Fridley. The proposed Fridley portion of the contract of $30,593 is in accordance with our proposed 2013 budget. We have received excellent service and value in the past with this contract and expect that this will continue. Staff recommends the City Council move to approve execution of the proposed contract for GIS services with Flat Rock Geographics of Roseville, MN, for 2013. Staff requests that the City Council move to approve the attached Consulting Services Agreement for 2013 GIS Technical Assistance with Flat Rock Geographics, LLC of Roseville, MN. JPK:jpk attachment CONSULTING SERVICES AGREEMENT This Agreement is made as of _______________, 201_ (the “Effective Date”), by and between FLAT ROCK GEOGRAPHICS (“Contractor”) and the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter “Tri-City.” CONTRACTOR and Tri-City are collectively referred to as “Parties” and individually as a “Party.” WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 2013, through December 31, 2013, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR’S OBLIGATIONS 2.1 General Description. Contractor will provide GIS technical assistance to Tri-City which includes the cities of Andover, Columbia Heights and Fridley. Additional work may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 2.3 Limited Warranty Contractor warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 7268579v1 3. PAYMENT 3.1 Service Fees The Contractor’s fees for Services are set forth below (Service Fees”). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse Contractor. 00 Total Service Fees: $ 80,888. to be allocated as follows: 00 Andover-$35,300. 00 Fridley-$30,593. 00 Columbia Heights-$14,995. 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Payment. All invoices are due within thirty days from the invoice date. If Tri-City disputes any portion of Contractor’s invoice, then Tri-City will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Changes to Scope Tri-City shall have the right to request changes to the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change to the scope of the Services will cause an increase or decrease in the Service Fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease by e- mail. Contractor shall not proceed with performance and shall have no obligation to proceed with performance pursuant to any requested change 2 7268579v1 to the scope of the Services by Tri-City unless and until Contractor has received Tri-City’s agreement to such increased or decreased Service Fees or time for performance via e-mail. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys’ fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor’s obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor’s expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri-City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following 3 7268579v1 coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers’ Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inability to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 4 7268579v1 10.2 Notice of Default. Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party’s Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11. CONTRACT RIGHTS/REMEDIES 11.1 Rights Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and Contractor. 11.3 Force Majeure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 5 7268579v1 12. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: Andover: President Director of Public Works/City Engineer Flat RockGeographics, LLC City of Andover 2434 Virginia Circle 1685 Crosstown Boulevard NW Roseville, MN 55113 Andover, MN 55304 Fridley: Columbia Heights: Director of Public Works Public Works Director City of Fridley City of Columbia Heights th 6431 University Avenue NE 637 - 38 Avenue NE Fridley, MN 55432 Columbia Heights, MN 55421 13. MODIFICATIONS Except as otherwise provided in Section 3.4 hereof, any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. 14. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. 15. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. 6 7268579v1 16. MERGER AND FINAL AGREEMENT 16.1 This Contract is the final statement of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of: (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non-binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys’ fees and will share equally the other mediation costs. While this mediation will be non-binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute’s resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. 7 7268579v1 18. NON-DISCLOSURE OF NON-PUBLIC, PRIVATE OR CONFIDENTIAL INFORMATION The parties agree that in order to perform its duties under the terms of this Agreement, Contractor will have access to and may use certain information in the custody of the City that would be categorized as private or non-public data within the meaning of Minnesota law. Any such information or data is confidential and, as an essential and necessary part of this Agreement, Contractor agrees not to disclose, use, or otherwise disseminate any such data or information to any other party or entity other than the City. Use of any such information or data by Contractor during the period of this contract shall be exclusively for the purpose of fulfilling it obligations hereunder. Contractor agrees to indemnify the City and hold it harmless from any and all disclosures of such information and data to any other party as a consequence of its actions, which would include the actions of its agents, employees or anyone else that may be acting under its direction or on its behalf. Any such information and data in Contractor’s possession after fulfillment of its obligations herein shall be destroyed or returned to the City and Contractor shall retain no copies thereof for any purpose. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. FLAT ROCK GEOGRAPHICS, LLC TRI-CITY GIS ORGANIZATION By: __________________________ By: _________________________ Title: ________________________ Title: _______________________ Date: ________________________ Date: _______________________ By: _________________________ Title: _______________________ Date: _______________________ By: _________________________ Title: _______________________ Date: _______________________ 8 7268579v1 Exhibit A Contractor shall provide the following services generally described as GIS On- Site Support, including but not limited to: TriCityGISSpecialist$36.77perhour FieldCollection,DataInput,DataEditing,DataCreation,DataManagement,DataUpdates,Data Sychronization,Mapping,Geocoding,UpdateGeoMooseLayers,Runreports(CTS,GranitXP),General Maintenanceofsoftware,CheckIn/CheckoutFielddata $65.00perhour Analyst GeoMooseCustomization,GISSoftwareInstallation,DataModelling,ModelBuilder,ArcPadForms, CTStechnicalsupport,CityWorksDatabasemanipulation Programmer$95.00perhour WritingCode(HTML,VBSCRIPT),GeoMooseCustomDevelopment(PHP,Javascript),Automation $75.00perhour Project Manager Runmeetings,Demos,Training,TaskManagement IT$90.00perhour SoftwareInstallation,OSTechsupport $90.00perhour Sr. Project Manager AdvancedClientRelations,AdvancedDataModeling NOTE:Thisisnotacomprehensivelist. 9 7268579v1 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 To: William W. Burns, City Manager From: Jack Kirk, Director of Parks and Recreation Date: November 28, 2012 Re: Mississippi River Trail Resolution The Minnesota Department of Transportation is preparing an application to designate the Twin Cities Metropolitan section of the Mississippi River Trail as a “United States Bicycle Route (USBR)”. They have asked for the City of Fridley’s help with this application by passing the attached resolution supporting the designation of this national bicycle route. The Metro section of the Mississippi River Trail is the third and final segment to be nominated for inclusion as part of this United States Bicycle Route. The first Mississippi River Trail segment in SE Minnesota was designated this past May. The second segment from the Mississippi headwaters at Lake Itasca to Elk River was submitted to the American Association of State Highway and Transportation Officials for their consideration this past October. Designation of all three segments will give Minnesota a national bicycle route along the entire stretch of the Mississippi River through our state. The Fridley City streets that are included in this Mississippi River Trail are currently designated as part of the regional bike trail that travels through Fridley from the City of Coon Rapids border to the City of Minneapolis border. The other segments of the trail through Fridley include the County trail along East River Road and through the Anoka County Riverfront Park. I have been asked by Dan Collins of the State Department of Transportation to forward the attached resolution to the City Council for approval. The concurrence by all Mississippi River Trail road and trail authorities is required before the United States Bicycle Route application can move forward. This support is to attract new visitors to our area, celebrate the unique culture of the Mississippi River, and promote additional local bicycling for health and recreation. I would recommend that the City Council approve the attached resolution supporting the development of the Mississippi River Trail as U.S Bicycle Route 45. RESOLUTION NO. _______ - 2012 RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA,STATING ITS SUPPORT FOR THE DEVELOPMENT OF THE MISSISSIPPI RIVER TRAIL (U.S.BICYCLE ROUTE 45). bicycle tourism is agrowing industry in North America, presently WHEREAS, contributing approximately $47 billion dollars a year nationally to the economies of communities that provide facilities for said tourism; and WHEREAS, the American Association of State Highway and Transportation Officials (AASHTO) has designated a corridor along the Mississippi River to be developed as United States Bike Route 45; and WHEREAS , the Minnesota Department of Transportation has convened several public meetings during the previous eighteen months locally and throughout the river's corridor to gather information, review route alternatives and to provide assistance; and WHEREAS, the Minnesota Department of Transportation in cooperation with road and trail authorities have proposed a specific route to be designated as the Mississippi River Trail (USBR 45), a map of which is herein incorporated into this resolution as Exhibit A; and WHEREAS, the proposed Mississippi River Trail (USBR 45) traverses through the City of Fridley and is expected to provide a benefit to local residents and businesses; and WHEREAS , the Minnesota Department of Transportation will continue to maintain statewide mapping and information regarding Mississippi River Trail (USBR 45), convene meetings and facilitate the resolution of issues and future alignment revisionswithin the State, WHEREAS, the City of Fridley has duly considered said proposed route and determined it to be a suitable route through the City of Fridley and desire that the route be formally designated so that it can be appropriately mapped and signed, thereby promoting bicycle tourism locally and throughout Minnesota along the Mississippi River. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Fridley that it hereby expresses its approval and support for the development of the Mississippi River Trail (USBR 45) and requests that the appropriate government officials take action to officially designate the route accordingly as soon as possible. ALL RESOLUTIONS AND PARTS OF RESOLUTIONS INSOFAR AS THEY CONFLICT WITH THE PROVISIONS OF THIS RESOLUTION BE AND THE SAME ARE HEREBY RESCINDED. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF DECEMBER, 2012. _________________________________ SCOTT J. LUND - MAYOR ATTEST: ___________________________________ DEBRA A. SKOGEN - CITY CLERK EXHIBITA Blaine Coon Rapids Mississippi River Trail (MRT) Bicycle Route Map «¬ 65 City of Fridley County BoundaryMRT Route on Municipal Street City BoundaryRest of MRT Route Open WaterMNDOT Highways Spring Lake Park Other Roads Spring Lake Park ´ January 11, 2012 «¬ 47 Mounds View «¬ 65 «¬ 65 «¬ Brooklyn Park 252 «¬ 252 Fridley «¬ 65 «¬ 65 «¬ 65 New Brighton «¬ § ¨¦ 65 Brooklyn Center 694 «¬ 47 §¦¨ 694 «¬ 47 §¦¨ 694 «¬ 65 Hilltop «¬ § ¨¦ 65 94 Columbia Heights § ¨¦ 94 «¬ 47 Minneapolis Saint Anthony ´ Saint Anthony AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 Appointment Starting Start Name Position Salary Date Replaces Shelly Ass't Finance $92,098 January 2, Alan Peterson Director per year 2013 Folie (2013) AGENDA ITEM COUNCIL MEETING OF DECEMBER 3, 2012 CLAIMS CLAIMS 157433 - 157542 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 LICENSES TYPE OF LICENSE: APPLICANT:APPROVED BY: Liquor, On Sale Temporary Fridley Lions Club Public Safety Wine Tasting January 13 Applicant: Mary Olson City Clerk Fridley VFW Peddler or Solicitor Legacy Restoration, LLC Public Safety Scott Mullins, Graham Deiman and Mark McConville Massage Therapy Carrie L. Stewart for Wellspring Public Safety Chiropractic City Clerk AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 LICENSES Contractor Type Applicant Approved By Albrecht Sign Company Inc Sign Erector Tom Albrecht Ron Julkowski, CBO Budget Marketing Solutions Inc Sign Erector Mike French Ron Julkowski, CBO Diversified Construction Commercial or Cheryl Hanson Ron Julkowski, CBO Specialty Dryden Excavating Inc Excavating Randy Dryden Ron Julkowski, CBO Exhibit Plumbing Inc Heating Luke Jaques Ron Julkowski, CBO Lakeland Masonry Masonry Walter Czichray Ron Julkowski, CBO Modern Heating & Air Conditioning Heating Mike Renstrom Ron Julkowski, CBO AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 LICENSES To: William W. Burns, City Manager From: John Crelly, Fridley Assistant Fire Chief Date: November 28, 2012 Re: Annual renewal of rental licenses Attached is a list of 144 properties that have completed the license renewal process. Each property listed has submitted a rental license application, paid all rental fees, and has completed the rental property inspection process. Staff recommends that City Council approve the rental license renewal for these properties. 15 Page of RENTAL HOUSING PropID: Property Address Units Owner 1832 4620 2nd St. NE 1 Tara Chay 1117 5851 2nd St. NE 11 Hyde Park Properties, LLC 1121 6525 2nd St. NE 7 Paul M. Johnson 1148 4921 3rd St. NE 7 Elmquist Apartments 1129 4939 3rd St. NE 7 Elmquist Apartments 1130 4949 3rd St. NE 7 Elmquist Apartments 1135 5035 3rd St. NE 6 Milton Carlson 1158 5339 4th St. NE 2 Majestic Development 1166 5347-49 4th St. NE 3 Duane Schwartz 1089 5370 4th St. NE 1 Bonnie Siegfried 1161 5419 4th St. NE 4 Rashad Badae 1168 5600-06 4th St. NE 4 Rory Bluhm 2101 5712 4th St. NE 1 Jonathan Elie 1585 5740 4th St. NE 1 TVE 5740 1163 5870-72 4th St. NE 2 Kwei-Tsang Chen 1174 5900-02 4th St. NE 2 Hoa Chen 1176 5924-26 4th St. NE 1 Shannon Munson 1177 1050 52nd Ave. NE 17 KJ Management 1178 1090 52nd Ave. NE 17 KJ Management 1179 1120 52nd Ave. NE 17 KJ Management 1180 1170 52nd Ave. NE 17 KJ Management 1524 516 53 1/2 Ave. NE 1 John A. Koenig 1184 251 57th Pl. NE 7 Lowell & Anthony Efterfield 1185 262 57th Pl. NE 8 David Rust 1839 290 58th Ave. NE 1 Amy L. Snow 1192 5370 5th St. NE 3 Lee Swanson 1201 5373-75 5th St. NE 1 Joel Hansmann 1193 5400 5th St. NE 4 Todd Ellestad 1195 5420 5th St. NE 4 Kurtz Apartment Rentals 1197 5430-32 5th St. NE 2 The Salvation Army Harbor Light Center 1199 5451 5th St. NE 32 Pinecrest Apts , LLC 1950 5601 5th St. NE 1 Ronald W Brown 1948 5956 5th St. NE 1 Twin City Property Solutions 1202 6232-34 5th St. NE 2 RESM 1733 7566 5th St. NE 1 BCL Enterprise 1944 1560 60th Ave. NE 1 Alison Romstad 2123 15 63 1/2 Way NE 1 Chris Postma 2045 608 63rd Ave. NE 1 Khalif Jama 1245 5600-02 6th St. NE 1 Keith Alan Edstrom 1250 5606-08 6th St. NE 2 James Pearson 1251 5612-14 6th St. NE 2 Kenneth Hafner 1252 5618-20 6th St. NE 2 Kenneth Hafner 2104 5909 6th St. NE 1 Michael Flowers 1483 5932 6th St. NE 1 Open Door Investments 25 Page of PropID: Property Address Units Owner 1465 5949 6th St. NE 1 PK Investments Properties 1895 6130 6th St. NE 1 Ronald Brown 1253 1200 72nd Ave. NE 42 Rustic Oaks Apartments 1254 1250 72nd Ave. NE 30 Bailey Enterprises, Inc. 1258 1580-84 73 ½ Ave. NE 2 Mozafar Chehrazi 1938 1333-35 73rd Ave. NE 2 Gregg & Lois Johnson 2044 1545 73rd Ave. NE 1 Executive Realty/Phil Beaumia 1676 1655 73rd Ave. NE 1 John Estes 1270 370-372 74th Ave. NE 2 Jugal Agarwal 1266 371 74th Ave. NE 4 Rudy Bayer 1689 1401 76th Ave. NE 1 T & K Properties 1274 181 79th Way NE 8 John Gutmanis 1275 211 79th Way NE 8 John Gutmanis 1276 231 79th Way NE 7 John Gutmanis 1295 7301-03 Able St. NE 2 Chris Rugg 1296 7313-15 Able St. NE 2 David Halek 1297 7325-27 Able St. NE 1 John Glenn 1298 7339-41 Able St. NE 1 Jerome Thompson 1299 7349-51 Able St. NE 2 Mark & Stacy Lekson 1301 7379-81 Able St. NE 2 Tina & Brian Sorvari 1581 7401-03 Able St. NE 2 Jeffrey Bogut 1303 7417-19 Able St. NE 2 Todd Fuechtmann 1309 7501-03 Able St. NE 1 Terrell Akons 1310 7513-15 Able St. NE 2 Ashraf, LLC 1313 7553-55 Able St. NE 2 Ashraf, LLC 1726 6231 Alden Way NE 1 Glenn Bottomly 1724 7854 Alden Way NE 1 Handi-Access Inc 1659 7874 Alden Way NE 1 Chuck & Heidi Nygren 1061 5960-80 Anna Ave. NE 34 Riverwood Rentals, LLC 1957 737 Bennett Dr. NE 1 Tony & Alison Stinar 1687 7675 Brigadoon PL. 1 T & K Properties 1660 6229 Central Ave. NE 1 Mike Sherman 2010 7325 Central Ave. NE 1 Mark V Olson 1330 6551 Channel Rd. NE 11 Winnetka Investments, LLC 1331 6571 Channel Rd. NE 11 Winnetka Investments, LLC 2140 136 Christenson Ct. NE 1 Amaranto Capital 1896 179 Christenson Ct. NE 1 Woong & Eugene Song 1669 6426 Christenson Ln. 1 Garth & Jill Peterson 1706 5540 E Bavarian Pass 1 Phyllis A. Reha 1940 5431 E Brenner Pass 1 Paul & Elissa Weller 2125 5457 E Brenner Pass 1 I Jin Lee 2046 5461 E Brenner Pass 1 Christine & Philip 1045 5820 East River Rd. 42 Georgetown Court Apartments 1346 6540-50 East River Rd. 141 Klaus Freyinger 35 Page of PropID: Property Address Units Owner 1338 6551 East River Rd. 11 Otty Properties 1707 6819 East River Rd. 1 Paul M. Johnson 2115 6911 East River Rd. 1 D & J Properties, LCC 1953 7505 East River Rd. 1 William Brown 1732 501 Glencoe St. NE 1 John Kinkeade 1302 538 Glencoe St. NE 1 Dianne Olson & Graig Gardiner 1709 1104 Hackmann Circle 1 Lowell Wolter 1671 105 Hartman Circle 1 Tom & Lisa Giancola-Kimlinger 1643 1217 Hathaway Ln. NE 1 Norma Hotvedt-Iacono 1956 6988 Hickory Dr. NE 1 Joseph Hoffman 1363 6341-43 Hwy 65 NE 10 Nay-Rox Ltd. 1365 6379 Hwy 65 NE 8 Julida, LLC 1366 6393 Hwy 65 NE 7 Elmquist Apartments 1367 6417 Hwy 65 NE 8 Elmquist Apartments 1368 411-413 Ironton St. NE 2 Jerome Thompson 1054 150 Island Park Dr. NE 12 Island Park Trail, LLC 1055 151 Island Park Dr. NE 12 Mirsad Dizdarevic 1910 851 Kennaston Dr NE 1 Jerald P. Janson 2131 6275 Kerry Lane NE 1 Lowell Pettit 1496 735 Kimball St. NE 1 Paul Dotty 1777 554 Lafayette St. NE 1 JYM Properties, LLC 1553 254 Liberty St. NE 1 Garth & Jill Peterson 1371 6670-80-90 Lucia Ln. 48 Lucia Lane Apartments, LLC 1720 7320 Lyric Ln. NE 1 Shirley NG 1617 1378 Meadowmoor Dr. 1 Abdalla Omar 1723 202 Mercury Dr. NE 1 Valerian B Kuechle 1674 241 Mercury Dr. NE 1 Greg Carlson 1540 1250-60 Mississippi St. 3 Gerald Joseph Pehl 1742 1513 N Innsbruck Dr. 1 PK Investments Properties 1698 1601 N Innsbruck Dr. (109) 1 Marjorie J. & Richard T. Smith 1690 1601 N Innsbruck Dr. (132) 1 Jeanne Guse 1663 1601 N Innsbruck Dr. (176) 1 Lisa Ost 1679 1601 N Innsbruck Dr. (219) 1 Duane A. Buhl 1714 1601 N Innsbruck Dr. (220) 1 Christie Reeves 1666 1601 N Innsbruck Dr. (307) 1 Margaret Thompson 2130 1601 N Innsbruck Dr. (312) 1 Justin Crain 1699 1601 N Innsbruck Dr. (321) 1 Marjorie J. & Richard T. Smith 1700 1601 N Innsbruck Dr. (345) 1 Marjorie J. & Richard T. Smith 1924 1601 N Innsbruck Dr. (364) 1 D.E.A.L. Investments, LLC 1923 1601 N Innsbruck Dr. (381) 1 Cynthia Maroulas 1604 1130 Norton Ave. NE 1 Sinan Music 1951 1284 Norton Ave. NE (204) 1 Rahhal Hamimoune 1429 6335 Pierce St. NE 2 Robert D. Shimanski 1695 137 Pilot Ave. NE 1 Jewel Dufour 45 Page of PropID: Property Address Units Owner 1575 6480 Riverview Terr. NE 2 Edward P. Fragale 1440 1375 Skywood Ln. NE 2 Skyrock Properties 1684 1385 Skywood Ln. NE 1 Dave & Carole Steele 2037 6348 Starlite Blvd. NE 1 Twin City Property Solutions 1670 137 Talmadge Way 1 Arnold & Nola Gilbertson 1688 7547 Tempo Terrace 1 T & K Properties 2035 6260 Trinity Dr. NE 1 John & Leslie Arntzen 1449 7349-51 University 2 Tom Okerstrom 1501 8310 University Ave. NE 110 Banfill Crossing Senior Housing 1531 5751 W Moore Lk Dr. NE 1 Gerry Gerochi 2034 1429 Windemere Dr. NE 1 TJB Homes, Inc Number of Licenses for approval: 144 55 Page of AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 ESTIMATES Central Roofing 4550 Main Street N.E. Minneapolis, MN 55421 Municipal Center Roof Replacement Project No. 418 Estimate No. 2 ............................................................................ $ 74,890.22 GM Contracting th 19810 – 515 Avenue Lake Crystal, MN 56055 2012 Watermain Project No. 404 and Jackson Street Improvement Project No. 413 FINAL ESTIMATE: .................................................................... $ 78,927.65 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 Date:November26,2012 To:WilliamBurns,CityManager From:ScottHickok,CommunityDevelopmentDirector JulieJones,PlanningManager StacyStromberg,Planner Subject:PublicHearingforTextAmendmentRequest,TA#1202,MillerFuneralHome INTRODUCTION Thepetitioner,ShannonAsmus,onbehalf oftheMillerFuneralHome,isseekinga textamendmenttoaddlanguagetotheC 3,GeneralShoppingzoningdistrict;that wouldallowacrematoryasanaccessoryto themortuaryuseatthesubjectproperty, whichislocatedat6210Hwy65. Theequipmenttoperformcremationsis calledaretort.Theretortisproposedto belocatedinthedetachedaccessory structureonthewestsideoftheproperty. Allactivityassociatedwiththecremation processwilltakeplacewithintheexisting accessorystructure.Noportionofthe processwillbevisibletoapassiveviewer. PLANNINGCOMMISSIONRECOMMENDATION AttheNovember21,2012,PlanningCommissionmeeting,apublichearingwasheldforTA#1202. Afterabriefdiscussion,thePlanningCommissionrecommendedapprovalofTA#1202.Nostipulations areattached.Nomembersofthepublicattendedthehearingtospeakonthisissue. THEMOTIONCARRIEDUNANIMOUSLY. PLANNINGSTAFFRECOMMENDATION CityStaffrecommendsconcurrencewiththePlanningCommissionandthattheCouncilholdthepublic hearingforTA#1202. CityofFridleyLandUseApplication TA#1202October19,2012 GENERALINFORMATIONSPECIALINFORMATION Applicant:SUMMARYOFPROJECT Thepetitioner,Mr.AsmusonbehalfofMiller MillerFuneralHome FuneralHome,isseekingatextamendmenttoadd ShannonAsmus languagetotheC3,GeneralShoppingzoning 316SSibley district;thatwouldallowacrematoryasan LitchfieldMN55355 accessorytothemortuary,whichislocatedat6210 RequestedAction: Hwy65. TextAmendmenttoallowcrematoryasan SUMMARYOFANALYSIS accessorytoamortuary CityStaffrecommendsapprovaloftheproposed ExistingZoning: textamendmentwithcertainconditions. C3(GeneralShopping) ProposedAccessoryUseisanextensionof Location: thepermitteduse. 6210Highway65NE Size: 83,760sq.ft.1.92acres ExistingLandUse: Mortuary SurroundingLandUse&Zoning: N:VeterinaryClinic&C3 E:TH65&Rightofway S:Church&R3 W:SingleFamily&R1 ComprehensivePlanConformance: ConsistentwithPlan ZoningHistory: Seeattachedstaffreport. LegalDescriptionofProperty: nd Lots34,Block1,Herwal2Addition AerialoftheSubjectProperty PublicUtilities: CITYCOUNCILACTION/60DAYDATE Buildingisconnected. CityCouncilDecember3,2012 Transportation: 60DayDecember17,2012 WestMooreLakeDriveandtheHwy65 st ReadingforTADecember10,2012 1 ServiceDriveprovideaccesstothebuilding. nd 2ReadingforTAJanuary7,2013 PhysicalCharacteristics: 60DayExtensionDateFebruary14,2013 Lotconsistsofbuildings,parkinglot,and StaffReportPreparedby:StacyStromberg landscaping. LandUseApplication TextAmendment#1202 REQUEST Thepetitioner,ShannonAsmus,on behalfoftheMillerFuneralHome,is seekingatextamendmenttoadd languagetotheC3,GeneralShopping zoningdistrict;thatwouldallowa crematoryasanaccessorytothe mortuaryuseatthesubjectproperty, whichislocatedat6210Hwy65. Theequipmenttoperformcremations iscalledaretort.Theretortis proposedtobelocatedinthedetached accessorystructureonthewestsideof theproperty.Allactivityassociated withthecremationprocesswilltake placewithintheexistingaccessory visibletoapassiveviewer. structure.Noportionoftheprocesswillbe SITEDESCRIPTIONANDHISTORY ThesubjectpropertyiszonedC3,GeneralShoppingandislocatedinthenorthwestcornerofthe intersectionofHighway65andWestMooreLakeDrive.Onthepropertyarea6,348squarefoot mortuarybuildinganda1,859squarefootaccessorystructure.Thefollowingactivitieshaveoccurredon thepropertysince1963: 1963Variancesweregrantedforbuildingsetbacks,parkingstalls,anddrivewaylocationfora mortuary. 1967Issuanceofabuildingpermitforthemortuarybuilding. 1987Avariancewasgrantedtoreducethesideyardsetbackonacornerlotto35feettoallow constructionofabuildingadditiononthewestendofthemortuary. 1993Avariancewasgrantedtoreducethesideyardsetbackto3feettoallowahearse enclosure. 1994Avariancewasgrantedtoincreasethesizeofafreestandingsignanda30ft.by60ft. garagewasbuilt. 1996Avariancetoreducethesideyardsetbackwasapproved,avariancetoreducetherear yardsetbackwasdenied;andadditionalsideandrearyardsetbackvariancesweredenied. 1998Avariancetoreducethesouthsideyardsetbackto37feetwasapproved. 2001Varianceswereapprovedtoreducethefrontyardsetbackfrom80ft.to58.25;reduce thesideyardsetbackonthenorthsidefrom15ft.to3.7ft.,andavariancetoreducetheside yardsetbackonthesouthcornerlotfrom80ft.to37.4ft.,toallowconstructionofadditions whichtotal3,489sq.ft.theseadditionswereneverconstructed. 2008Twovarianceswereapprovedtoreducethesideyardsetbackonthenorthsideofthe buildingfrom15ft.to3.7ft.toallowanexpansionoftheexistinggarageandtoincreasethe 1 encroachmentofacanopyintotherequiredsideyardfrom3ft.to7ft.theseadditionswere neverconstructed. ANALYSIS ThepetitionerhasinitiatedatextamendmenttoaddlanguagetotheC3,GeneralShoppingzoning districtcodethatwouldallowacrematoryasanaccessoryusetoamortuary,providedspecificcode requirementscanbemet.MortuariesarecurrentlyapermitteduseinourC2,GeneralBusinessandC 3,GeneralShoppingzoningdistricts.Thecrematoryusezx·specificallylistedasapermitteduseoran accessoryuse,sostaffdeterminedthatitwasbeneficialforthepetitionertorequesttheadditionofthe proposedlanguagetoensurethatthecrematoryuseisallowed. Belowisthenarrativeprovidedbythepetitioner: MillerFuneralHomehasbeenservingfamiliesinthisareasince1929.Overthepast83years,there havebeenmanychangesinfuneralservice.Onesuchchangehasbeenthesteadyincreaseindemandby localfamiliesforcremation.Cremationisanoptionalmethodofpreparationofadeceasedbody. Currently,MillerFuneralHomestaffmusttransportthedeceasedtoanindependentcrematory,leaveit withthecrematoryoperator,andthenreturntopickupthecrematedremainsfortransportbacktothe funeralhome.Thistransferringofthedeceasedmeansthat,foratime,thedeceasedisoutofthefuneral home· EEximmediatecare.MillerFuneralHomewantstooffercremationasadirectservicetoour families. Theequipmentnecessarytoperformcremationsiscalledaw©;·©·xuMillerFuneralHomeproposesto theremodeled,detachedgaragebuilding purchaseanewretortwhichwillbeinstalledandoperatedin onitspropertyat6501Highway65N,Fridley,MN.AnyretortpurchasedbyMillerFuneralHomewould berequiredtomeetorexceedallMinnesotaPollutionControlAgencyairqualitystandards;and,would belicensedandinspectedannuallybytheStateofMinnesota,DepartmentofHealth. Forthisreason,MillerFuneralHomeisworkingwiththeCityofFridleytoexpandthelanguagewithinthe currentzoningdistrictcodestoallowacrematoryasanaccessoryusetoamortuary(funeralhome).The purchaseandplacementoftheretortwouldoccurwhentheCityofFridleyhasapprovedthetext amendmentandthecitybuildinginspectorhasapprovedourbuildingpermit. Thepetitionerhasalsoprovidedadditionalinformationthatisattachedinyourpacketforyourreview. Thoseitemsinclude: AletterfromCrematoryManufacturingandService,Inc.identifyingthenoiseandpollution aspectsoftheretortapplianceandhowz·xnotintrusivetothepublic. AnengineeringevaluationtestdocumentationofCrematoryManufacturingandServices,Inc. equipment(testofthestack). InformationfromCremationAssociationofNorthAmerica. Anarticlefromfuneralwire.comregardingcrematoryoperatorscertificationprogram. AcopyoftheMinnesotaDepartmentofHealthlicensetooperateacrematory. Acopyofthe2012MinnesotaStateStatuesrelatedtolicensingofacrematory. Asstatedbythepetitioner,overthelastseveralyearstherehasbeenanincreaseindemandfor cremation.BasedoninformationprovidedbytheMortuaryScienceProgram,in1990,15.8%of Minnesotadeceasedchosecremationwhere46.8%chosecremationin2009.Itisexpectedthatthat 2 percentagewillcontinuetoincrease.Asaresult,providingtheopportunitytohavethisservicewithin ourcommunitycanbeconsideredvaluable. StaffhadtheopportunitytotourNorthMankatoMortuary,whichisaffiliatedwiththe¦;·z·z;©x atMillerFuneral business.NorthMankatoMortuaryhasaverysimilarsetuptotheoneproposed Home.Thecrematorybuildingwiththeretortapplianceislocatedinadetachedaccessorybuilding. Staffvisited thesitewhen theretortwas inusetofully graspany potential concernsthe residentsof Fridleymight have.The buildinglooks likeatypical garage structure,with stackcoming a offthetopof thebuilding andaventoff thebackofthebuilding.Nosmokeorodorwaspresentduringstaffsvisit.Otherthanasomewhatloud fansoundthatcouldbeheardfromtheoutsideofthebuilding,therewerenootherimpacts.According tothepetitioner,theretortappliancethatwewitnessedismanufacturedbya ··w;ÞxManufacturing andis9yearsold.TheretorttobeinstalledatMillerFuneralHomewillbebrandnewandis manufacturedbyCrematoryManufacturing&ServicesInc.(CMS),whichmanufacturesaquieter appliance.InstudiesconductedbyCMS,thatmeasuredthenoise(decibel)leveloftheretortappliance, about70decibelswasmeasuredata0distance.Basedoninformationgatheredbythepetitioner,70 decibelisthenoiselevelyouwouldtypicallyhearwhenoperatingawashingmachine,airconditioneror operationcanmeasureatdoublethatdecibel dishwasher,whereasthea ··w;Þxappliancewhenin level.Staffshouldalsopointoutthatthebuildingstaffvisitedisastickconstructedbuildingasopposed totheMillerFuneralHomebuildingthatismadeoutofbrickandblock,whichwillhelpwithbuffering thenoise.Anynoiseconcernsshouldalsobealleviatedbythefactthatthereisa40ft.treelinebuffer areabetweenthesubjectpropertyandtheresidentialpropertiestothewest. MillerFuneralHome'sgarageisalsoflatroofedsothestackcomingofftheroofwillbeshorteranditwill bescreenedonallsideswitharooftopscreeningdevice. WhenMillerFuneralHomeapproachedtheCityaboutinstallingtheretortinthedetachedaccessory structureontheexistingproperty,staffdeterminedthatthoughamortuaryisapermitteduseintheC 2,GeneralBusinessandC3,GeneralShoppingzoningdistricts,thereisnomentionofacrematoryuse eitherasapermitteduseoranaccessoryuse.Asaresult,staffadvisedthepetitionertorequestatext amendmenttoallowacrematoryasanaccessoryusetoamortuarywithintheC3,GeneralShopping zoningdistrictonly.AlthoughamortuaryisallowedinaC2,GeneralBusinessdistrict,generallythelot sizeoftheseparcelsaremuchsmallerandasaresult,thisuseisbettersuitedintheC3,General 3 Shoppingdistrict.Thepetitionerhassubmittedtheproposedtextlanguagethatwouldallowa crematoryasanaccessorytoamortuary,providedthefollowingconditionsaremet.Thoseconditions arelistedbelow: (a)CrematorymustbelicensedannuallybytheStateofMinnesotaDepartmentofHealth. (b)CrematorymustbeinspectedannuallybytheStateofMinnesotaDepartmentofHealth. (c)EmissionsfromtheoperationoftheretortmustmeetStateofMinnesotaPollutionControl Agencystandards. (d)Theretortmustbeproperlymaintainedandservicedbythemanufactureratminimum every18months. (e)Mortuarywillemployafullytrained,CertifiedCremationTechnician,capableofoverseeing theoperationandmaintenanceofthecrematoryandretortequipment. (f)MortuarywillmakecopiesofStatelicensurerenewalsandannualinspectionreports availabletotheCityBuildingInspectoruponrequest. Ofparticularimportancewhenconsideringatextamendmentisdeterminingiftheproposedusewould beconsistentwiththepurposeandintentofthezoningdistrictinwhichitwouldbecomeallowable,and whetherornottheproposedusewouldbecompatiblewithotheraccessoryuseswithinthedistrict. Staffhasdeterminedthattheabovementionedconditionsarenecessaryfortheproposedaccessoryuse tobecompatiblewiththepurposeandintentofthecommercialzoningordinance.Theproposed crematoryuseisanaccessoryoranextensiontothemortuaryservicesthatarealreadybeingprovided onthesite.Basedontheinformationstaffwitnessedandprovidedbythepetitionerthistypeof accessoryuse;wouldbeconsideredreasonabletobeallowedintheC3zoningdistrict,withoutcausing disruptiontotheneighboringpropertiesanduses. NEIGHBORHOODMEETING Thepetitionerwentdoortodoortovisitwiththeneighborswithin350ft.ofthesubjectpropertyon November3,2012,withnonegativecommentsfromthepeopletheywereabletovisitwith.Theyalso oneattendedthatevent. heldanopenhouseatMillerFuneralHomeonNovember10,2012.No TWOLETTERSFROMNEIGHBORS Citystaffhasreceivedtwolettersinopposition,onefromthepropertyownersat6264BakerAvenue, whostateintheirletterthattheyfeelthatitisalreadydifficulttosellhomesonBakerAvenueandthis willmakeitworse.Theotherletterisfromthepropertyownerat6220BakerAvenue.Noreasonwas givenfortheopposition,justthatshe7z7x·wantthecrematory. Informationprovidedinmaterialsfromthemanufactureroftheretort;indicatethat,´TheMillennium Modelsaresoquietduringoperationthatyoucanactuallyholdaserviceinthenextroom".Itisour understandingthatthisisthemanufacturerandmodeltypethathasbeenchosenforthisapplication.A combinationofthismanufacturer'sinformationandcarefuldesignandscreeningoftheproposed cremationoperation,hasstaffconvincedthattherewillnotbeasoundorotherenvironmentalimpact, norwilltherebeanaestheticimpacttonegativelyaffectfuturesalesorenjoymentofpropertieson BakerorotherstreetsinFridley.Further,morethanonebusinessneighborthatMr.Asmushasspoken with,believedthattheywerealreadyprovidingcremationservicesatthefacility,theyweresurprisedto Millerwasnot. findthat RECOMMENDATION CityStaffrecommendsapprovalofthetextamendmentwithcertainconditions. 4 ProposedAccessoryUseisanextensionofthepermitteduse. 5 Ordinance No. ____ AN ORDINANCE AMENDING CHAPTER 205, SECTION 205.03, SECTION 205.15 DEFINING “CREMATORY”, “MORTUARY” AND “RETORT” AND ALLOWING “A CREMATORY IN CONJUCTION WITH A MORTUARY” AS AN ACCESSORY USE IN THE C-3, GENERAL SHOPPING ZONING DISTRICT The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 205 related to creation of a definition for “crematory”, “mortuary”, and “retort” and allowing “a crematory in conjunction with a mortuary” as an accessory use in the C-3, General Shopping zoning district be amended as follows: SECTION 1. That Section 205.03 be hereby amended as follows: 205.03DEFINATIONS 17. Crematory. A furnace for cremating; also: an establishment containing such a furnace. 17. 18. Curb Grade. (Remainder of section renumber accordingly) SECTION 2. That Section 205.03 be hereby amended as follows: 53. Mortuary A place in which dead bodies are kept until burial. 53. 54. Motel (Remainder of section renumber accordingly) SECTION 3. That Section 205.03 be hereby amended as follows: 63. Retort A vessel or chamber in which substances are distilled or decomposed by heat. 63. 64. Seasonal Outdoor Food Sales (Remainder of section renumber accordingly) SECTION 4. That Section 205.15 be hereby amended as follows: 205.1 C-3, GENREAL SHOPPING CENTER DISTRICT REGULATIONS 1. USES PERMITTED B. Accessory Uses (11)Crematory in conjunction with a mortuary: (a)Crematory must be licensed by the State of Minnesota Department of Health (b)Crematory must be inspected annually by the State of Minnesota Department of Health (c)Emissions from the operation of the retort must meet State of Minnesota Pollution Control Agency standards. (d)The retort must be properly maintained and serviced by the manufacturer at minimum every 18 months. (e)Mortuary will employ a fully trained, Certified Cremation Technician, capable of overseeing the operation and maintenance of the crematory and retort equipment. (f)Mortuary will make copies of State licensure renewals and annual inspection reports available to the City Building Inspector upon request. TH PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7 DAY OF JANUARY, 2013 ____________________________ Scott J. Lund, Mayor ATTEST: _________________________________ Debra A. Skogen, City Clerk Public Hearing: December 3, 2012 First Reading: December 10, 2012 Second Reading: January 7, 2013 Publication: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 TO: William W. Burns, City Manager PW12-093 FROM: James P. Kosluchar, Public Works Director DATE: November 29, 2012 SUBJECT: Approve Joint Powers Agreement with the Anoka Conservation District for the Oak Glen Creek Project No. 380 The attached Joint Powers Agreement (JPA) has been prepared by the City of Fridley and Anoka Conservation District. This agreement is required to be approved prior to the City of Fridley authorizing the Oak Glen Creek Project No. 380. The proposed project intends to address stabilization of Oak Glen Creek that have been progressively eroding over several decades. The total project cost is estimated to be $422,500, including engineering and administration costs. Construction costs are estimated at $379,800. The Anoka Conservation District (ACD) working with the City of Fridley was successful in obtaining a $339,700 Clean Water Legacy grant for this project. The attached agreement formally allows the City of Fridley to provide oversight and of bidding, construction, and long term maintenance of improvements related to this project. ACD is responsible to reimburse the City up to $320,800 for eligible costs, which includes eligible staff coordination and engineering. Staff recommends that the City Council move to approve the attached Joint Powers Agreement for Stabilization of the Oak Glen Creek Ravine, in the City of Fridley. If the agreement is approved, staff requests consideration of the following resolution to prepare final plans and specifications and order advertisement of bids for the work. JPK:jpk Attachment JOINT POWERS AGREEMENT FOR STABILIZATION OF THE OAK GLEN CREEK RAVINE, IN THE CITY OF FRIDLEY ANOKA CONSERVATION DISTRICT PROJECT NO. C12-130 CITY OF FRIDLEY PROJECT NO. 380 THIS AGREEMENT is made and entered into this _____ day of ____________, 2012 by and between the Anoka Conservation District, a political subdivision of the State of Minnesota, 1318 McKay Drive NE Suite 300 Ham Lake, Minnesota 55304, hereinafter referred to as "District" and the City of Fridley, a Minnesota municipal corporation, 6431 University Avenue NE, Fridley, MN 55432, hereinafter referred to as "City". WITNESSETH WHEREAS , the parties to this agreement agree it is in the best interest of the properties adjacent to, and downstream from the project to stabilize severe erosion occurring along the Oak Glen Creek corridor west of East River Road and extending to the Mississippi River as soon as possible; and, WHEREAS , Anoka Conservation District successfully secured $339,700 in Clean Water Land and Legacy Amendment Funds and will be solely responsible for the administration of, and compliance with, terms of that grant; and, WHEREAS , Anoka Conservation District has entered into a Grant Agreement with the Board of Water and Soil Resources with respect to the $339,700 Clean Water Land and Legacy Amendment Funds, a copy of which is attached hereto as Exhibit C; and, WHEREAS, Anoka Conservation District will not be performing any of the physical project construction contemplated by this Agreement but will be responsible for grant fund administration; and, WHEREAS, Anoka Conservation District and the City of Fridley upon final acceptance of the project design plans and specifications by Anoka Conservation District, will execute a Conservation Practice Assistance Contract, substantially similar in form to the attached Exhibit D and it shall become a part of this Agreement upon execution by both parties as Exhibit D WHEREAS , the City of Fridley successfully secured 30 crew days of labor from the Conservation Corps Minnesota Iowa toward the installation of this project and will be solely responsible for the administration of, and compliance with the terms of that grant; and, WHEREAS , the City of Fridley agrees to provide an in-kind funding eligible match of at least 25% of Clean Water Land and Legacy Amendment Fund through special assessment, storm water utility funds, ad valorem tax or other revenue mechanism in an amount sufficient to complete the project; and, WHEREAS , Anoka Conservation District and the City of Fridley agree to work cooperatively to finalize project designs and specifications within funding constraints to become part of this agreement as Exhibit B; and, WHEREAS , the City of Fridley agrees to provide for oversight of bidding, construction, and long term maintenance of project improvements; and, WHEREAS , the City of Fridley agrees to provide for the initial payment of materials and expenses and Anoka Conservation District has agreed to timely reimbursement of eligible expenses not to exceed a total of $320,800 (total award $339,700 less grant administration and project oversight $18,900); and, 1 WHEREAS , Anoka Conservation District and the City of Fridley agree to provide timely documentation of time, materials and labor expenses to facilitate administration of related grants and funds; and, WHEREAS , Minn. Stat. §471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I.PURPOSE The parties have joined together for the purpose of stabilizing severe erosion along the Oak Glen Creek corridor west of East River Road and extending to the confluence with the Mississippi River. The City project number for the project is City of Fridley Project No. 380. II.METHOD The City shall provide all engineering services and shall cause the construction of City of Fridley Project No. 380 in conformance with engineering plans and specifications approved by both parties to this agreement. The City shall do the calling for all bids and the acceptance of all bid proposals. III.COSTS The contract cost of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs, and equipment rental required to do the work shall constitute the actual "construction" and shall be so referred to herein. "Estimated costs" are good faith projections of costs which will be incurred for the project. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. The District is responsible to reimburse the City up to $320,800 for eligible costs. Exhibit A shows the estimated cost of the total project at $422,500.66 as well as the intended local match. If the project comes in under budget, cost savings will be shared pro rata by the funding sources. The District will cooperate with the City to seek grant amendments to ensure all eligible expenses are reimbursed. No reimbursements will be made until project installation has commenced. IV.TERM This Agreement shall continue until terminated as provided hereinafter. V.DISBURSEMENT OF FUNDS All funds disbursed by the City pursuant to this Agreement shall be disbursed pursuant to the method provided by law. VI.CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance to the State laws. VII.STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report official receipts and shall be made upon request by either party. VIII.TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, 2 it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The District shall pay the pro rata share of eligible costs to the City which the City incurred and contracted for prior to such notice of termination. IX.NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the Anoka Conservation District, 1318 McKay Drive NE Suite 300, Ham Lake, MN 55304, on behalf of the District, and to the City of Fridley, 6431 University Avenue NE, Fridley, MN 55432, on behalf of the City. X.INDEMNIFICATION Subject to and restricted by the tort liability limits in Minnesota Statutes Chapter 466, as amended, the City and District mutually agree to indemnify and hold each other and each other’s elected officials, officers and representatives, agents, employees, and contractors harmless from any and all claims, liabilities, losses, costs (including attorney’s fees), expenses, or damages whatsoever resulting from the acts or omissions of the respective elected officials, officers, representatives, agents, employees, and contractors relating to activities conducted by either party under this Agreement. XI.ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 3 CITY OF FRIDLEY, ANOKA CONSERVATION DISTRICT, MINNESOTAMINNESOTA By: By: Scott J. Lund Mary Jo Truchon, Chair Mayor Board of Supervisors Dated: Dated: ATTEST: ATTEST: By: By: Dr. William W. Burns Chris A. Lord City Manager District Manager Dated: Dated: RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL: By: By: James Kosluchar Nathan Zwonitzer Public Works Director/City Engineer Conservation Specialist APPROVED AS TO FORM AND EXECUTION: APPROVED AS TO FORM AND EXECUTION: By: By: Darcy M. Erickson Dan Klint City Attorney Assistant County Attorney 4 EXHIBIT A EXHIBIT B Upon approval of final project designs and specifications by both parties, said project designs and specifications will become part of this agreement as Exhibit B. EXHIBIT C State of Minnesota Board of Water and Soil Resources Competitive Grants Program Grant Agreement FY 2012 EXHIBIT D Conservation Practice Assistance Contract Page 1 of 2 CONSERVATIONPRACTICEASSISTANCECONTRACT GeneralInformation OrganizationContractNumberOtherfederalorotherstate Canceled Amendment funds? Boardmeetingdate:____________ Boardmeetingdate(s)__________ YesNo *Ifcontractamended,attachamendmentform(s)tothiscontract. Applicant LandOccupierNameAddressCity/StateZipcode *Ifagroupcontract,thismustbefiledandsignedbythegroupspokespersonasdesignatedinthegroupagreementandthegroupagreementattachedtothisform. ConservationPracticeLocation TownshipNameTownshipRangeSection 1/4,1/4 ContractInformation I(we),theundersigned,doherebyrequestcostshareassistancetohelpdefraythecostofinstallingthefollowingpractice(s)listed onthesecondpageofthiscontract.Itisunderstoodthat: 1.Thelandoccupierisresponsibleforfullestablishment,operation,andmaintenanceofallpracticesanduplandtreatment criteriaappliedunderthisprogramtoensurethattheconservationobjectiveofthepracticeismetandtheeffectivelife,a minimumofyears,isachieved.Thespecificoperationandmaintenancerequirementsfortheconservationpracticelisted aredescribedintheoperationandmaintenanceplanpreparedforthiscontractbytheorganizationtechnicalrepresentative. 2.Shouldthelandoccupierfailtomaintainthepracticeduringitseffectivelife,thelandoccupierisliabletotheStateof Minnesotafortheamountupto150%oftheamountoffinancialassistancereceivedtoinstallandestablishthepracticeunless thefailurewascausedbyreasonsbeyondtheland--Ò¦z;©xcontrol,orifconservationpracticesareappliedattheland --Ò¦z;©xexpensethatprovideequivalentprotectionofthesoilandwaterresources. 3.Iftitletothislandistransferredtoanotherpartybeforeexpirationoftheaforementionedlife,itshallbetheresponsibilityof thelandoccupierwhosignedthiscontracttoadvisethenewownerthatthiscontractisinforce. beplannedandinstalledinaccordancewithtechnicalstandardsandspecificationsofthe: 4.Practice(s)must 5.Increasesinthepracticeunitsorcostmustbeapprovedbytheorganizationboardthroughamendmentofthiscontractasa conditiontoincreasethecostsharepayments. 6.Thiscontract,whenapprovedbytheorganizationboard,willremainineffectunlesscanceledbymutualagreement,except ofpracticescoveredbythiscontracthavenotbeenstartedby(date),thiscontractwillbe whereinstallations automaticallyterminatedonthatdate. 7.Practiceswillbeinstalledby(date)unlessthiscontractisamendedbymutualconsenttorescheduletheworkand funding. 8.Itemsofcostforwhichreimbursementisclaimedaretobesupportedbyinvoices/receiptsforpaymentsandwillbeverifiedby theorganizationboardaspracticalandreasonable.Theorganizationboardhastheauthoritytomakeadjustmentstothecosts submittedforreimbursement. Updated2010 Page 2 of 2 ApplicantSignatures Thelandoccupier'ssignatureindicatesagreementto: 1.Granttheorganization'srepresentative(s)accesstotheparcelwheretheconservationpracticewillbelocated. 2.Obtainallpermitsrequiredinconjunctionwiththeinstallationandestablishmentofthepracticepriortostartingconstruction ofthepractice. 3.Beresponsiblefortheoperationandmaintenanceofconservationpracticesappliedunderthisprograminaccordancewithan operationandmaintenanceplanpreparedbytheorganizationtechnicalrepresentative. 4.Notacceptcostsharefunds,fromstateandfederalsourcescombined,thatareinexcessofpercentofthetotalcostto establishtheconservationpracticeandprovidecopiesofallformsandcontractspertinenttoanyotherstateorfederal programsthatarecontributingfundstowardthisproject. DateLandOccupier DateLandowner,ifdifferentfromapplicant Address,ifdifferentfromapplicantinformation: ConservationPractice Theprimarypracticeforwhichcostshareisrequestedis Practicestandardsoreligiblecomponent(s)EngineeredPracticeTotalProjectCostEstimate (yesorno) Ecologicalpractice (yesorno) TechnicalAssessmentandCostEstimate Ihavetheappropriatetechnicalexpertiseandhavereviewedthesitewheretheabovelistedpracticeistobeinstalledandfinditis neededandthattheestimatedquantitiesandcostsarepracticalandreasonable. DateTechnicalRepresentative AmountAuthorizedforFinancialAssistance TheOrganizationBoardhasauthorizedthefollowingforfinancialassistance,totalnottoexceedtheoverallpercentlistedindicated in4,above. $_________________from_____________________________________ Enterprogramnameandfiscalyear $_________________from_____________________________________ Enterprogramnameandfiscalyear $_________________from_____________________________________ Enterprogramnameandfiscalyear BoardMeetingDateAuthorizedSignatureTotalAmountAuthorized $ Updated2010 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 TO: William W. Burns, City Manager PW12-094 FROM: James P. Kosluchar, Public Works Director DATE: November 29, 2012 SUBJECT: Oak Glen Creek Improvements Project No. 380 - Resolution Directing Preparation of Final Plans and Ordering Advertisement for Bids The attached resolution directs preparation of final plans and specifications and authorizes the advertisement for bids for the Oak Glen Creek Improvements Project No. 380. The proposed project intends to address stabilization of Oak Glen Creek that have been progressively eroding due to a combination of factors, including land use, lack of vegetative cover, and undercutting of non-cohesive banks during peak discharge flow events. Project components include: installation of rock check dams, boulder slope stabilization, brush bundles and revetments for stabilization, vegetative riprap channel lining, shrub plantings, erosion control blanket and seeding, extension of drainage pipes and rain leaders, and installation of stormwater Best Management Practices (BMPs) and top of bank buffer maintenance where agreed upon with property owners. The total project cost is estimated to be $422,500, including engineering and administration costs. Construction costs are estimated at $379,800. The Anoka Conservation District (ACD) working with the City of Fridley was successful in obtaining a $339,700 Clean Water Legacy grant for this project. The remainder of the project is proposed to be funded by local match sources, consistent with similar projects completed by the City of Fridley. These will include 50% match funding (10% of the total project costs) from the City’s Storm Water Utility Fund, and a like amount from special assessments to benefiting property owners. A Public Hearing on special assessments for this project was held on July 9, 2012. Those commenting supported the project moving forward; one owner questioned the benefit their property received. Since that time, staff has been working to obtain easements necessary to complete the project work. At the time of this writing, easements have been obtained with the exception of those for a single property, which we have a verbal commitment for, and hope to obtain prior to the meeting of December 3. Presuming these are obtained, we have presented the City Council with the Joint Powers Agreement to enable the City of Fridley to administer the project on behalf of the Anoka Conservation District, and have recommended its approval. Staff recommends that, presuming the Joint Powers Agreement with Anoka Conservation District is approved, that the City Council move to approve the attached resolution to prepare final plans and specifications and order advertisement of bids for the work. If the project is moved forward by the City Council, the easement documents will be finalized and recorded, required permits will be obtained, and the project will be advertised per legal requirements with a targeted bid letting date the week of January 21, 2013. This would enable a possible award of the project, if favorable bids are received, on January 28, 2013. If awarded under this schedule, substantial project work could be completed prior to spring thaw. JPK:jpk Attachment Oak Glen Creek Corridor Stabilization Frequently Asked Questions Common Questions from Landowners QUESTIONS: 1. What is the cause of the w · z ·w; - Ò; E ·w; ;©zj erosion? There are several causes leading to the erosion and no single ca 2. How will the proposed plan labeled as the ONLY reason. First, this is the only open-channel section of the address the erosion? Oak Glen Creek subwatershed. It conveys stormwater runoff from a 573 acre 3. watershed that underwent development to residential and commercial cause more damage? landscapes prior to current stormwater management practices that restrict runoff rates and volumes. As was consistent with practices at the time the 4. upstream? watershed was developed, there was very little stormwater infrastructure constructed to control the volume or rate of discharge, resulting in large 5. How is the project funded? volumes of runoff being channeled through the creek corridor dur 6. What am I being asked to events. The channel is highly susceptible to erosion due to the lack of deep- contribute? rooted vegetation along the corridor. Over the years the tree c prevented sunlight needed to promote vegetation growth from reac 7. What am I getting in return? ground. Adjacent landowners dumping leaf and grass clippings ov 8. Why is the easement also smothers any growing vegetation. Finally, runoff over the permanent? results in gullies and ravines that increase the rate of erosion 9. runoff into draintile and running the tile down to the creek wil provide a permanent amount of water going over the banks. easement? uIÞ Þz ·w; ¦©¦;7 ¦ 77©; ·w; ;©zj 10. Does the easement allow the City to do whatever it The plan will address the erosion by armoring the banks with rip wants? vanes will be installed across the channel at key locations to prevent the creek 11. What guarantees do we from continuing to cut down deeper into the landscape and will also direct flow have that this project will to the center of the creek. Trees will be dropped to open the c work? promote the growth of dense deep rooted vegetation. Limbs from the trees will 12. What if the creek erodes be used to create brush bundles that will be anchored to the slope to address further? Will I be assessed overland flow. Seeding with deep rooted vegetation will be done more? provide long term stability. The design that has been developed 13. Wo address the current conditions. The size of the rock, placement and elevation of bank together? the rock vanes, and the height of the rip rap along the bank wer based on existing high flow volumes. 14. Where can I find project information? u More damage WILL occur of nothing is done. If the project goes precautions will be taken to minimize additional damage. However heavy equipment is involved it is inevitable that some damage wi term damage is considered in the construction plans and will be during construction. uw Projects upstream will definitely benefit the corridor stabiliza However, they are not imperative to the success of this project, as the designs we There i subwatershed reduces options substantially. An analysis of the subwatershed was completed by the Anoka Conservation District (available at www.anokaswcd.org) to identify potential water quality improvement and volume reduction projects. It will take a lot of resources and many years to implement these projects. The City of Fridley, Coon Creek Watershed District, and Anoka Conservation District are committed to pursuing those projects. Recently, the City dedicated matching funds that allowed the Ano application to improve and expand the Ralcorp (formerly McGlynns The expansion will result in a 74% reduction in peak flows during a 1- a 2- Funds were applied for through the same grant source funding the stabilization project, and we believe the project will score well for this competitiv. If this project were to be implemented, the downstream corridor stabilization project-is, however the life of the improvement would likely be extended, and maintenance needs would likely be reduced. uIÞ z ·w; ¦©;-· EÒ7;7j Funding for the corridor stabilization is coming from several so received a grant through Conservation Corps Minnesota. The granw days (typically a 5- person crew) to work on the creek. Their main task will be to c This work is valued at $35,000. Another funding source is through a grant the Anoka Conservationough Clean Water, Land, and Legacy Amendment. The grant award was $3 $85,000. Half of the match funds will come fro City-wide tax based on property type. The other half will come from a special assessment to the adjacent benefiting properties (~$2,000/each). This assessment can be paid at once,financed over a period of up to 10 years and paid with your property taxes. The grant funds come with some additional requirements. It requ less than 25 years. Typically it is easy to provide this guarans an easement over the area that would allow the City to maintain it. Oak Glen Creek does n one is part of the project. The grant also requires that the pr application. Based on earlier support of the project from the adjacent landown calculations used in the application assumed participation in th A significant amount of public investment has already gone into this project over the past 2-3 years. Project promotion and coordination prior to the grant were done free of District secured funding for engineers to develop the initial ploes not happen now, all of this work would have to be re-done in the future. Additional savings are being achieved by creating a single project that covers all 21 properties. Wit cost, that breaks down to about $20,000 project value per landowner, with only $2,000 out of poc The average landowner along Oak Glen Creek could expect to pay a uw · L ,;zm ;7 · -·©z,Ò·;j Adjacent landowners are being asked to contribute four main things: wzmw· E 9·©ä zÝ;© E ©;¦ t This document provides permission for crews to access your prope during construction and outlines liability. Access permission g t;© ;· 9 ;;·t Permanent easements (or Stormwater Drainage and Access easements in this case) are the most common type of easement for creeks, ditches, or dra They are very specific in that they allow access for city staff or their contractors to maintain stormwater infrastructure. Granting an easement to the City will allow them to perform main needed. Without it, the City cannot maintain the project and th maintenance on their own. The easement does not allow general public access to your proper city permission construct amenities such as trails. a ·-wzm CÒ7t Landowners are being asked to provide a portion of the matching grant through special assessments. This amounts to about $2,000 per landowner, and is well below the amount that each property will benefit. This is consistent with how the City has handled assessments similar past projects and equates to less than 10% of the direct project costs. In fact, for a similar project constructed in 1996 by the City of Fridley on Stonybrook Creek, each property owner. When accounting for inflation, this is nea While other cities may not require assessments for this type of proj residents in different ways. For example, the City of Plymouth stormwater utility rates are 4-5 times higher than that in the City of Fridley. CÒ·Ò©; a z·; -;t Landowners that want to include project elements that would be n their homes will be required to maintain those elements (rain ba buffer strips, etc.) These are elective only, and landowners can de installed. This language is included in Exhibit C of the Stormw In addition, Exhibit C precludes owners from depositing yardwaste below the bluffline of the creek. This is consistent with current City ordinances. uw · L m;··zm z ©;·Ò©j The project will provide long-term stability to all properties. Streams can be very unpredict will move from year to year. Even properties with very little erosion right now could be face issue in as little as a year if the stream channel shifts. Evid properties along Oak Glen Creek. For properties that are in goope, this project will make sure they stay that way. For properties in peril, the project will mitigate the effects of ongoing erosion. Additionally, providing a permanent easement to the City ensures the project w-term. This is a tremendous benefit to your property! Landowners have already received a significant amount of service cost. Services provided by the Anoka Conservation District (inc design work, and grant application) have been done free of charge. Add by a sales tax throughout the State will be paying for 80% of pr time and resources to this point, and will be covering half of the match requirement through the City stormwater utility fund. If you add up all of the resources tha this project, the landowner contribution is less than 10% of theobably closer to 5%. That is less than 0.5% per property. uwä z ·w; ; ;;· ¦;© ;·j These types of easements are almost always permanent since the i there for the foresee place. Most urban/suburban drainageways in Anoka County have an easemen Watershed District so maintenance can be done when needed. uw Grant requirements prevent public funds from being invested into maintained. Since this is a stream project with moving water any of the length of the channel, it is very difficult to stop the project start again downstream. It leaves an unprotected area prone to ir it. Granting an easement not only allows participation in th passes long-term maintenance responsibilities to the City. Without easements along the entire corridor, the project will not be installed. 5; ·w; ; ;;· Þ ·w; /z·ä · 7 Þw ·;Ý;© z· Þ ·j in order to maintain the project. If something occurs in the future that necessitates repair of tht is important that they can get to the project quickly. w · mÒ © ·;; 7 Þ; w Ý; ·w · ·wz ¦©;-· Þz Þ©j with inherent risks. However, we have taken many steps to ensure the project is successful. Wenck Associates Inc. was hired to develop the corridor stabilization engineering and has extensive experience with streambank stabilid a project on Lambert Creek in Vadnais Heights using similar method information can be found at www.wenck.com. One of their Principal Engineers (who is also the Engineer for tn Creek Watershed District) worked with stream hydrologists, soil specialists and landscape archite vegetative measures are appropriate for the conditions in the st revised with input from the Anoka Conservation District, Coon Creek Waters Fridley, all of whom have experience working on stream stabiliza closely during and after construction to identify any problem areas that may develop before they become larger issues. w · zE ·w; -©;; ;©7; EÒ©·w;©j z L ,; ;;7 ©;j The creek WILL erode further if nothing is done. The use of equipment always creates some disturbance, but the goal of this project is to establish the proper vegetation and root structure th construction damage and provide stability long term. Multiple rounds of repairs are not uncommon for projects of this scale, and there will be long term maintenance equired. Just like any other infrastructure nothing lasts forever and maintenance will be an ongoing task. The benefit of the permanent easement is the regular typically assess for maintenance activities. Without the easement the City cannot access the area to maintain it and landowners would be responsible for addressing a As an example of maintenance, we again refer to the Stonybrook Project. In 2011 after severe rainfall events caused washouts on East River Road and downstream, the City of F repair riprap, clear sediment, and re-establish turf with no charge to property owners. w; ·©;; w7 ä , ·m;·w;©j The trees are better than nothing, but they tend to have large r, whereas deep fine roots are better for holding soil in place. This is why trees roots are prone to undermining. Additionally, they add a tremendous amount of weight to the unstable slopes. Du present the tops of the trees can act like a sail or parachute o expose bare soil. If you look up and down the creek Optimal vegetation for stable creek banks will provide a dense net-like root structure to hold the soil together. These roots structures can go over 10 feet below the w;©; - L Ez7 E ·w; zE© ·z ·wz ¦©;-·j Past presentations, the corridor stabilization plan, and informaOak Glen Creek Subwatershed Stormwater Retrofit Analysis) is available on a project website hosted by the Anoka Conservation District. Go to www.anokaswcd.org projects including Oak Glen Creek. RESOLUTION NO. 2012 - ___ A RESOLUTION ORDERING OAK GLEN CREEK IMPROVEMENTS PROJECT NO. 380, AUTHORIZING PREPARATION OF FINAL PLANS AND SPECIFICATIONS, AUTHORIZING THE ADVERTISEMENT FOR BIDS, AND AUTHORIZING PREPARATION OF PRELIMINARY PROPOSED ASSESSMENT ROLL FOR PENDING ASSESSMENT REPORTING PURPOSES WHEREAS, in recent years, several properties along Oak Glen Creek have experienced severe erosion of their banks with Oak Glen Creek; and WHEREAS, it is in the interest of the City of Fridley, and its residents and property owners to perform bank stabilization and other improvements on the properties adjacent to Oak Glen Creek and prevent further erosion and adverse impact to the banks of Oak Glen Creek; and WHEREAS, City staff has held several joint meetings with the Anoka Conservation District (ACD) on the matter with adjacent residents to review alternatives for mitigation of this erosion; and WHEREAS,OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 the, was developed to provide for mitigation of this erosion; and WHEREAS,OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 the was submitted for funding by the ACD and has been awarded funding of $339,700 through the Clean Water Fund Competitive Grant program; and WHEREAS, City staff held an open houses to discuss this project, funding, and need for easements on March 28, 2012 and May 15 2012, and residents were invited to attend and discuss the project, funding, and need for easements, WHEREAS , on February 13, 2012, the City Council passed Resolution 2012-14 calling for the City’s Public Works Engineering Division to prepare a feasibility study and prepare preliminary plans and OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 specifications for the ;and WHEREAS, on June 7, 2012, the City Council passed Resolution No. 2012-35 which received the feasibility study recommendations of the Public Works Director prepared pursuant to Minn. Stat. § 429.031, Subd. 1(b); and called for a public improvement hearing on the matter of the construction of OAK GLEN CREEK certain improvements listed in the feasibility study concerning the IMROVEMENTS PROJECT NO. 380 to be noticed pursuant to Minn. Stat. § 429.021, Subd. 1(a); and WHEREAS , the feasibility study concluded that the improvements are necessary, cost-effective, and feasible to construct upon receipt of granted permanent easements from adjacent property owners; and WHEREAS , the granted permanent easements from adjacent property owners have been substantially obtained; and WHEREAS,OAK GLEN CREEK IMROVEMENTS the City noticed a public hearing on the PROJECT NO. 380 for July 9, 2012. A Notice of Public Hearing was published by the City’s official newspaper on June 21, 2012 and June 28, 2012 and was mailed to affected property owners on or about June 15, 2012, pursuant to Minn. Stat. § 429.031, Subd. 1(a); and WHEREAS , the public hearing regarding said improvements was held thereon on July 9, 2012 at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the City of Fridley has approved a Joint Powers Agreement for Stabilization of the Oak Glen Creek Ravine, in The City Of Fridley; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA : The OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 1.is necessary, cost- effective, and feasible as detailed in the feasibility report. OAK 2.That the improvements and design features proposed in the feasibility report for the GLEN CREEK IMROVEMENTS PROJECT NO. 380 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Installation of rock check dams, boulder slope stabilization, brush bundles and revetments for stabilization, vegetative riprap channel lining, shrub plantings, erosion control blanket and seeding, extension of drainage pipes and rain leaders, and installation of stormwater Best Management Practices (BMPs) and top of bank buffer maintenance where agreed upon with property owners along Oak Glen Creek from East River Road to the Mississippi River. OAK GLEN CREEK IMROVEMENTS PROJECT NO. 380 3.That the is hereby ordered by this Resolution in conformance with Minnesota Statutes, Chapter 429. 4.That the Director of Public Works, James P. Kosluchar, is hereby designated as the engineer for this improvement. He shall oversee the preparation of plans, specifications and estimates of costs thereof for making of such improvements. 5.That final plans, specifications, and estimates in substantial conformance with the design features desired and approved by the City Council at the July 9, 2012 public hearing are prepared by the Public Works Department and provided to the City Council as they are completed. 6.That the Public Works Department is hereby authorized to call and advertise for bids in order that project award and construction can be considered. 7.That the construction contract shall be let/awarded no later than two years after the adoption of this Resolution pursuant to Minn. Stat. §429.041. 8.That the City staff and City Public Works Department are hereby authorized to prepare a “preliminary” proposed assessment roll for all affected properties. Said “preliminary” proposed assessment roll shall be used for pending assessment reporting purposes. rd PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3 DAY OF DECEMBER 2012 . ______________________________ SCOTT J. LUND – MAYOR ATTEST: ________________________________ DEBRA A. SKOGEN - CITY CLERK AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 03, 2012 To: William W. Burns, City Manager From: Darin R. Nelson, Finance Director Date: November 29, 2012 Re: Resolution Approving First Amendment to Lease for Fridley Liquors Background This past spring the Council approved a new liquor store lease agreement with ZCOF TL Fridley, LLC also know as Tri-Land Developments, Inc of Westchester, Illinois. Due to Tri-Land Developments modifications to the shopping center subsequent to the execution of the lease, there is th a need to adjust the building number assigned to the leased premises from 260 57 Avenue N.E. to th 264 57 Avenue N.E. The lease provides the liquor store with completely new space within the existing building. As with most landlord-tenant lease agreements, the landlord agreed to build out our new space to a vanilla our desired liking. Due to the desire to minimize downtime during the transition from the old space to the new space and to minimize costs, staff has requested that landlord construct and install finishing items not listed in the original lease agreement. Since the liquor store has and will continue to be a long-term tenant at this location, the landlord has agreed to modify and enlarge the scope of work to be performed by the landlord. The attached Schedule 1 includes a list of items the City is requesting to be completed by the landlord. The items listed are considered fixtures and if the liquor store were to terminate its lease these fixtures would remain property of the landlord. A couple of the larger dollar value changes include electrical work for additional lighting and receptacles. Since the space is in its early phases of construction it makes economic sense to have this work done before walls are enclosed with sheetrock. Another change increases the size of the vestibule. The vestibule in the original lease was rather small given the size of the store and the amount traffic that would be entering and exiting one single 1 entrance. Staff decided a larger vestibule would provide better pedestrian traffic flow. Staff is also planning to install a tasting area in the rear of the store in order to hold special tasting events. The quote listed in schedule 1 includes quartz countertops. Staff is recommending we select an alternative solid surface countertop, which will reduce the amount by $3,000. As of the writing of this memo, we still have a few unknown costs left to incur. The biggest unknown cost will likely be flooring. The lease called for standard non-descript vinyl throughout the store. Staff is recommending carpet on sales floor area with laminate tile type flooring in front of the beer cooler. The landlord is providing us with a $16,000 credit towards the upgraded flooring. We did receive preliminary quotes late on Thursday evening that have estimated flooring at a net add of approximately $21,700. The general contractor is expecting more flooring quotes and we should have more accurate flooring information available before ouncil meeting. Other costs will surface as the project progresses and field changes need to be made. The remaining costs however should be relatively minimal and include such items as security upgrades, video surveillance, network cabling, etc. As you may remember, the landlord is providing the city with a $50,000 renovation allowance. This allowance can be used for relocating, replacing or adding fixtures and equipment. The allowance will be used to offset some of these additional costs. Also, in order to keep the construction process moving along and not hinder the progress of either the landlord or the general contractor, staff is requesting that the Mayor and City Manager be authorized to approve additional change orders or requests up to a contingency amount of 15% of associated with the lease agreement. Attached is Attorney along with the amendments supporting documents noted as Exhibit A and Schedule 1. Also included are architectural drawings that depict the interior design of the new liquor store. Recommendation Staff is recommending Council approve the attached resolution approving the first amendment to lease for Fridley Liquors, which will accomplish renumbering of the building number and accommodate modification and enlargement of the scope of Tri-Land Developments work requested by the City. The resolution will also authorize the Mayor and City Manager to approve change orders or additional requests changes listed at the bottom of Exhibit A for work associated with the lease agreement. 2 CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA RESOLUTION NO. _____ - 2012 A RESOLUTION APPROVING FIRST AMENDMENT TO LEASE FOR FRIDLEY LIQUORS WHEREAS, ZCOF TL FRIDLEY LLC are parties to that certain Amended and Restated Lease for Fridley Market dated June 8, 2012 (the "Lease"), for approximately 10,540 square feet of rentable Floor Area as identified on th Exhibit A of the Lease, currently and commonly known as 260 57 Avenue N.E., Fridley, Minnesota 55421 (the "Leased Premises"), and located in the Fridley Market Shopping Center in the City of Fridley, County of Anoka, Minnesota (the "Shopping Center"); WHEREAS, of the Lease has necessitated adjustment to the building number assigned to the Leased Premises thth from 260 57 Avenue N.E., Fridley, MN 55432 to 264 57 Avenue N.E., Fridley, MN 55432; WHEREAS, the City has requested ZCOF to modify and enlarge the scope of the work to be performed by ZCOF specified in Exhibit C of the Lease to accommodate changes to the design and functionality of the Leased Premises desired by the City and ZCOF has agreed to modify and enlarge the scope of its work to incorporate certain changes subject and pursuant to which is attached hereto as Exhibit 1; WHEREAS, expiration of the Lease with ZCOF such fixtures remain the property of ZCOF; WHEREAS, throughout the course of completion of the Leased Premises, it is likely that changes to the work set forth in Exhibit A and Schedule 1 to the First Amendment will be necessary; WHEREAS, to ensure the progress of completion of the Leased Premises in a timely fashion and transition from the existing leased space into the Leased Premises is not delayed, the City Council finds it reasonable to authorize the Mayor and City Manager to approve such changes in an amount not to exceed 15% of the Priced in GC Package on Exhibit A and Schedule 1 to the First Amendment. Any changes in excess of 15% will come before the City Council for its consideration. -1- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY: 1.The Mayor and City Manager are authorized and directed to execute the First Amendment to Lease with ZCOF, which will accomplish renumbering of the building number for the Leased Premises and accommodate modification and requested by the City; and 2.The Mayor and City Manager are authorized to approve changes to the completion of the Leased Premises as set forth in Exhibit A of the First Amendment in an amount of 15% of GC Package on Exhibit A and Schedule 1 to the First Amendment. Any changes in excess of 15% shall come before the City Council for its consideration. rd PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3 DAY OF DECEMBER 2012. __________________________ Scott J. Lund, Mayor Attest: ____________________________ Debra A. Skogen, City Clerk -2- Exhibit 1 FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE ("First Amendment") is made and entered ZCOF TL into as of the ____ day of December, 2012 (the "Effective Date"), by and between FRIDLEY LLC, CITY OF FRIDLEY, a Delaware limited liability company ("Landlord"), and a Minnesota municipal corporation ("Tenant"). W I T N E S S E T H: WHEREAS, Landlord and Tenant are parties to that certain Amended and Restated Lease for Fridley Market dated June 8, 2012 (the "Lease"), for approximately 10,540 square feet of rentable Floor Area as identified on Exhibit A of the Lease, currently and commonly known th as 260 57 Avenue N.E., Fridley, Minnesota 55421 (the "Leased Premises"), and located in the Fridley Market Shopping Center in the City of Fridley, County of Anoka, Minnesota (the "Shopping Center"); WHEREAS, Tenant has requested Landlord to modify and enlarge the scope of the work to be performed by Landlord specified in Exhibit C of the Lease ("Landlord's Work") to accommodate changes to the design and functionality of the Leased Premises desired by Tenant ("Tenant's Changes") and Landlord is willing to modify and enlarge the scope of Landlord's Work to incorporate Tenant's Changes subject to the terms, covenants and conditions of this First Amendment; WHEREAS, since the execution of the Lease, Landlord has modified its construction plans for the Shopping Center and increased the number of tenant spaces available for lease within the Shopping Center, which has resulted in the need to adjust the building number th assigned to the Leased Premises from 260 57 Avenue N.E., Fridley, Minnesota 55421 to 264 th 57 Avenue N.E., Fridley, Minnesota 55421 and the parties desire to incorporate this change into the Lease by memorializing this change in this First Amendment; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree and amend the Lease as follows: Modification and Enlargement of Scope of Landlord's Work 1.. Notwithstanding anything set forth in the Lease to the contrary, the scope of Landlord's Work shall be modified and enlarged to incorporate Tenant's Changes as detailed more fully in the Narrative Summary of Tenant's Changes attached hereto as Exhibit A which includes the GC Package (as therein defined) attached to Exhibit A as Schedule 1, both of which are hereby incorporated by reference herein. Tenant shall cooperate with Landlord's efforts to incorporate Tenant's Changes into Landlord's Work in an expeditious and efficient manner by promptly providing approvals and information requested by Landlord during the course of Landlord's Work. 05392\00707\1279528.3 Cost of Tenant's Changes Additional Rent. 2. All of Tenant's Changes shall be performed at Tenant's expense, including the costs incidental thereto as described or referenced in Exhibit A. As and for additional Rent, as defined in Section 4.3 of the Lease, Tenant shall pay the Landlord for the cost of performing Tenant's Changes in one or more progress payments within thirty (30) days of Tenant's receipt of Landlord's invoice(s) therefor, which invoice(s) shall be accompanied by reasonable evidence that Landlord has paid for the cost of the Tenant's Changes covered by Landlord's invoice. The Changes set forth in Schedule A and Schedule 1 constitute fixtures that, upon any termination of expiration of the Lease, remain property of the Landlord. Address Change for Leased Premises. 3. th The Leased Premises shall now and hereafter be addressed as and referred to as 264 57 Avenue N.E., Fridley, Minnesota 55421. Defined Terms. 4. All capitalized terms used herein shall, unless otherwise specified, have the meanings ascribed to such terms in the Lease. Confirmation; Republication; Integration. 5. As amended hereby, the Lease is hereby ratified, confirmed and republished, and all of the terms, provisions and conditions of the Lease shall remain in full force and effect and shall continue to be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors in interest, and assigns. This First Amendment embodies the entire agreement between the parties and supersedes all prior discussions, negotiations and written communications between the parties with respect to the Lease as hereby amended. Tenant hereby acknowledges that the Lease is in full force and effect and that there is no existing default on the part of Landlord under the terms of the Lease. Landlord Exculpation. 6. It is specifically understood and agreed that there shall be no personal liability of Landlord or any member, manager, or beneficial owner thereof in respect of any of the covenants, conditions, or provisions of the Lease; in the event of a breach or a default by Landlord of any of its obligations under the Lease, Tenant shall look solely to the equity of [signature page follows] 05392\00707\1279528.3 2 IN WITNESS WHEREOF , the parties hereto have caused this First Amendment to Lease to be executed as of the day and year first written above. LANDLORD TENANT:: CITY OF FRIDLEYZCOF TL FRIDLEY LLC , a Minnesota municipal , a Delaware corporation limited liability company, By: ZCOF TRI-LAND, L.L.C., a Delaware By: limited liability company, managing Name: Scott Lund member Its: Mayor By: By: Name: William W. Burns Name: Its: City Manager Title: 05392\00707\1279528.3 3 Exhibit A b ©© ¼Ý; {Ò ©ä E ; ·'s Changes Lease ("Tenant's Changes") and perform Tenant's Changes at Tenant's expense. Tenant caused its Architect, Architectural Consortium, to prepare the schematic pl Changes (collectively, "Tenant's Plans"): T1.1 Revised 9/12/2012, A2.1 Revised 9/12/2012, A2.2 Revised 9/12/2012, A2.3 Revised 9/12/2012 A2.4 Revised 9/12/2012, A3.1 Revised 9/12/2012, A3.2 Revised 9/1 10/22/2012 P200 Revised 10/22/2012 P300 Revised 10/22/2012 Landlord requested its General Contractor (the "GC") to review Tnt's Plans and provide pricing to implement Tenant's Changes. Due to the schematic nature of Tena November 30, 2012, the GC has been able to provide pricing on so which pricing is summa is attached hereto as Schedule 1, cost estimates for certain other Tenant's Changes on which reasonable allowances have been formulated ("Allowances") and the addition of 8 stainless door guards referenced but not priced in the GC Package. Tenant's cost of implementing those Tenant's Changes in the G Package that either (i) are now priced or (ii) are covered by the Allowances, which Tenant authorizes Landlord to perform and for which Tenant agrees to pay Landlord, $ 88,829.50 Minus Lan ($ 1.415.00) $ 87,414.50 Flooring Add Allowance $ 21,716.00 Stainless Corner Guards (8)- Add $ 280.00 Additional Electrical Add Allowance $ 2,000.00 Door Security features - Add Allowance $ 2,000.00 Stanley Door - Add Allowance $ 3,631.00 Miscellaneous (printing Rev Plans) $ 26.40 Added GC Supervision (three weeks, to January 31, 2013) $ 4,500.00 $121,567.90 05392\00707\1279294.4 $ 547.06 Subtotal $122,114.96 5% on changes $ 6,105.75 $128,220.70 Architect fee & Reimbursables (for revisions) - Add Allowance $ 3,000.00 Tri-Land Developments Fee 5% on changes $ 6,561.04 Total Cost of Tenant's Changes Priced in GC Package tÒ !Þ -; E© !77z¼ ; ·³ /w m; $137,781.74 The "Total Cost of Tenant's Changes Priced in GC Package Plus Al Changes" set forth above may not include the cost of other work Plans but not priced in the GC Package or covered by the Allowances ("Unpriced Changes"). Tenant shall pay for all Unpriced Changes it elects to implement, if any, plus the cost of additional GC supervision after January 31, 2013 (if needed) necessitated by Tenant's Chan printing costs to revise Landlord's or Tenant's plans to accommodate Tena the Allowance therefor, additional permitting costs necessitated insurance costs and additional GC OH&P and Tri-Land Developments fees attributable to the cost of the Unpriced Changes. 05392\00707\1279294.4 AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 3, 2012 INFORMAL STATUS REPORTS