The URL can be used to link to this page

CCA 03/25/2014 � � CITY COUNCIL MEETING OF MARCH 24, 2014 GTY OF FRIDLEY 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) SPECIAL CITY COUNCIL MEETING (5:30 P.M.) • Presentation of Building Study Results WORKSHOP — CANCELLED CITY COUNCIL MEETING (7:00 P.M.) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 10, 2014 ................................................................ 1 - 21 NEW BUSINESS: 1. Resolution to Correct Resolution No. 2013-60 Vacating and Reserving a Portion of 7gtn Avenue, West of Hickory Street to the Burlington Northern Santa Fe Railroad Tracks, Generally Located North of 7890 Hickory Street N.E., Petitioned by Donald J. and Judith M. Gamboni, the Property Owners of 7890 Hickory Street N.E. (Ward 3) ........................................................................ 22 - 24 FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution to Correct Resolution No. 2013-61 Approving Variance, VAR #13-01, to Allow a 12 Foot Side Yard Setback on a Corner Lot Where 25 Feet is Required; for the Property Generally Located at 7890 Hickory Street N.E., Petitioned by Donald J. and Judith M. Gamboni (Ward 3) ........................................................................................................ 25 - 28 3. Variance Request, VAR #14-01, by Novak-Fleck, Inc., to Reduce the Side Yard Setback for an Attached Garage from 5 Feet to 3 Feet, to Allow the Construction of a New Single Family Home, Generally Located at 5801 Third Street N.E.; and Resolution Approving Variance, VAR #14-01, to Allow a 3 Foot Side Yard Setback Where 5 Feet is Required on the North Side of the Lot; for the Property Generally Located at 5801 Third Street N.E., Petitioned by Novak-Fleck Incorporated (Ward 3) ........................................................................................................ 29 - 40 4. Resolution Approving First Addendum to a Joint Powers Agreement for Wellhead Protection inAnoka County ............................................................................................ 41 - 53 5. Approve Intergovernmental Agreement between the Rice Creek Watershed District and the City of Fridley for the Locke County Park Raingarden ......................................... 54 - 90 6. Claims ........................................................................................................ 91 - 105 7. Licenses .................................................................................. ........... 106 - 111 FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 PAGE 3 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. ADOPTION OF AGENDA. PUBLIC HEARING: 8. Consideration of a Proposed Ordinance Amending Fridley City Charter, Chapter 3, Procedure of Council .................................................................................... 112 - 115 NEW BUSINESS: 9. First Reading of an Ordinance Amending Fridley City Code Chapter 101. Animal Control, Section 101.01 Definitions; Section 101.04 Animal Nuisance; Section 101.05 Dog Licensing; Section 101.06 Revocation; Section 101.07 Exemption; Section 101.08 Fees; Section 101.09 Impounding; Section 101.10 Animal Bites, Quarantine; and Fridley City Code, Chapter 11. General Provisions and Fees, Section 11.10 Fees ..................................................... 116 - 124 10. Approve 2014 Reappointments to City Commissions ................................................................................................ 125 - 126 11. Informal Status Reports ................................................................................ 127 ADJOURN. � f CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2014 7:00 p.m. — City Council Chambers Attendance Sheet Please �rint name. address and item number vou are interested in. Print Name (Clearly) Address ' Item No. , , ,. ,�lr M . � I� v L `� I Z� 1 l�,��^��-�7-� 1 ;� ��J_' � ' �� ; CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 10, 2014 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:03 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Scott Hickok, Community Development Director Darin Nelson, Finance Director/Treasurer Darcy Erickson, City Attorney James Kosluchar, Public Works Director Jack Kirk,Director of Parks and Recreation Linda Abbott, 5390 Seventh Street NE Catherine Courtney, Briggs and Morgan Michael Bilski, 1422 Royal Oak Court APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 24,2014. APPROVED. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Fridley City Code, Chapter 602, 3.2% Malt Liquor, by Repealing Section 602.08.12.A(3), Social Card Game Tournament Fees; Fridley City Code, Chapter 603, Intoxicating Liquor, by Repealing Section 603.10.23(3), Social Card Game Tournament Fees; and Fridley City Code, Chapter 606, Intoxicating Liquor On-Sale Clubs, by Repealing Section 606.10.11.A(3), Social Card Game Tournament Fees. WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1312 ON SECOND READING AND ORDERED PUBLICATION. 1 FRIDLEY CITY COUNCIL MEETING OF MARCH 10.2014 PAGE 2 NEW BUSINESS: 2. Review Bids and Approve Staff s Recommendation to have the City of Coon Rapids Award Fridley's Portion of the 2014 Joint Power Agreement Street Maintenance Contract for Project No. ST2014-10. Wally Wysopal, City Manager, stated this covers sealcoating, painted traffic markings, street sweeping, crack sealing. This is something the City does in coordination with a multi-group of cities, and the City of Coon Rapids is the administrative agent. APPROVED. 3. Claims (162967— 163151). APPROVED. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 5. Estimates. Sunram Construction 20010—75`h Avenue N.E. Corcoran, MN 55340 Springbrook Nature Center Weir Project No. 410 EstimateNo. 2 .......................................................................$22,828.50 Blackstone Contractors, LLC 7775 Corcoran Trail East Corcoran, MN 55340 Oak Glen Creek Erosion Control Project No. 380 EstimateNo. 2 .......................................................................$71,924.93 Blackstone Contractors, LLC 7775 Corcoran Trail East Corcoran, MN 55340 Oak Glen Creek Erosion Control Project No. 380 EstimateNo. 3 .......................................................................$99,935.81 APPROVED. 2 FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2014 PAGE 3 APPROVAL OF CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Linda Abbott, 5390 Seventh Street NE, asked Council if they were aware of the dangers of fluoride or fluoridation. She said she has learned fluoridation affects every single human being in Fridley. Babies absorb 100 times more than the recommended amount of fluoride when drinking fluoridated formula mixed with fluoridated water. Fluoride is linked to lower IQ. African-Americans are medically damaged the most by fluoride than Latinos and the rest of all of the ethnic groups; 40 percent of teenagers show physical signs of fluorosis. This is a direct result of over-exposure of fluoride. Some of the residents in Fridley are immigrants. They do not take any medications at all. They do not swallow, chew, or ingest because of their religious or culture beliefs and, if fluoride is a drug, it is added to our public water without our medical consent and there is no opt out medical forms for any resident to sign if they do not agree with this. Many senior citizens have Alzheimer's. Fluoride is linked to Alzheimer's. Ms. Abbott stated one of the best ways to remove fluoride from water is a reverse osmosis system. It is not in her budget. Even if she uses the system to use the water in her home, she still absorbs fluoride. It is in juice, energy drinks, teas, coffee, beer, wine, and processed foods. It is also in medication. Even if we grow our own organic food in our back yard. If we put water with fluoride on our plants, the plants absorb it and cannot remove it. We cannot boil fluoride from our water. Ms. Abbott stated we need a specific medical doctor to monitor every single Fridley resident to make sure we are not being overexposed to fluoride. This doctor would have to be an M.D., not a dentist, because fluoride affects our entire bodies, not only teeth. It is harmful to our teeth, our brain, thyroid gland, bones, and even blood sugar levels. Babies, children, teenagers, immigrants, and some senior citizens cannot vote. They rely on the City's support and connection to provide safe public water. 3 I FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 4 Ms. Abbott stated she has a packet explaining there is a bill in the senate in Minnesota to end fluoridation. It has been on the books since May 2013. However, it has not been heard yet. Mayor Lund asked what the bill number was. Ms. Abbott replied, it is SF1668. Mayor Lund asked if there was any house companion bill. Ms. Abbott replied, no. If you want fluoride you can buy toothpaste. A pea size of it is the same amount of fluoride as an 8-ounce glass of water. She is not an athlete but she easily drinks two gallons of water every single day. She buys water from a well in Buhr, Minnesota. It does not have fluoride, and they do not use chlorine to clean their water. Mayor Lund asked why she wanted to remove fluoride from the water. Ms. Abbott replied, she learned this about a year and one-half ago and she wants to educate people. She has a packet for the Council and also a six-minute video for them to watch. She will then come back to the next meeting and see if they have any thoughts about this. She understands in Minnesota the bill is here to end fluoridation throughout the entire state. Mayor Lund stated he recalled the last city who did not have fluoridation but were forced by law and actually went to court was Brainerd, Minnesota, and that was about 20 years ago. Fluoride is probably not really great in some aspects but, if they have a law stating you will fluoridate public waters, you have to do it. Maybe they are finding out some evidence that it is more harmful than good for you. Asked what made her think the well water she is bringing in is better than what she is getting in her tap. Ms. Abbott replied it tastes amazing. She tried water in her home, her son's school, and public stores and it tastes like metal. She called the company who makes the water she uses from Buhr, and they did say the well is over 100 years old and they do not use underwater aquifers. Mayor Lund replied Fridley does. He said 100 percent of its water is from aquifers. We get it from the ground also. We do not use Mississippi water. Minneapolis does. However, he is not suggesting Ms. Abbott's information is not important. Fridley is required to fluoridate. Ms. Abbott stated the universe is teaching her to educate people with baby steps. The two words she heard within the last two years broke her heart. She was told that fluoride is actually industrial waste. Councilmember Barnette asked what her source of information was. Ms. Abbott replied the packet has 10 facts of fluoride and is completed by the "Fluoride Action Network" which has been working on this issue throughout the whole world for decades. They 4 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 5 have gotten this information from scientists, M.D.'s, and toxicologists. It is actually not a natural substance. It is actually an acid through industrious waste. Councilmember Bolkcom stated they get this information and Ms. Abbott indicated she is planning on coming back to the next meeting, which is not their normal process. She asked Mr. Wysopal to explain. Mr. Wysopal replied,typically Council receives the information at the open forum and they then would direct staff to do further investigation, etc. and make a report back to the City Council. Open forum is generally not a place for a continuous discussion. It is not to try and get an item perhaps onto an agenda for formal consideration. Ms. Abbott asked is it more because the law has to be passed by the State and not the City. Mayor Lund replied, no, not necessarily. It is just that the continuing dialogue between this body and her does not typically occur in open forum. The Council will look at her information and then it is usually their policy to respond to her in a public venue. He is mostly interested in looking at the senate bill to see who is sponsoring it, if there is support for it, and where it is going. Councilmember Saefke stated the municipalities do not really have a choice right now because it is State Statute. The Minnesota Department of Health requires it. In fact, the City has to test for it every day and send them the results. As a municipality, Fridley cannot make the decision to do it or not. Mayor Lund stated the City has a community advisory group called the CAG that has been meeting. Mr. Kosluchar has been attending those meetings. He asked Mr. Kosluchar when they meet. James Kosluchar, Public Works Director, said the next meeting is March 20. Councilmember Bolkcom suggested she contact Senator Barbara Goodwin. PUBLIC HEARING: 6. Consideration of the Issuance of Educational Facilities Revenue Notes for the Totino-Grace High School Project, Generally Located at 1350 Gardena Avenue N.E. (Ward 2). MOTION by Councilmember Saeflce to open the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:23 5 FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2014 PAGE 6 P.M. Darin Nelson, Finance Director, stated late last fall the City was approached by Michael Bilski, CEO of North American Banking Company, inquiring about the City's interest in issuing bank- qualified, tax exempt conduit debt for Totino-Grace High School. Totino-Grace would like to • finance fire sprinkler and gymnasium improvements, as well as refinance some existing debt. Mr. Nelson stated the type of financial assistance the City can statutorily offer is commonly referred to as conduit financing. Conduit debt is issued under the City's name, utilizing the City's bond rating to secure more favorable interest rates. The conduit debt, revenue bonds in this case, are secured by revenue derived solely from Totino-Grace High School. The debt will not constitute a general or moral obligation to the City. The debt will also not be secured by or payable from any property or assets of the City, and will not be secured by any taxing power of the City. The borrower is simply utilizing the City's name and bond rating to secure more favorable financing terms. Mr. Nelson stated the amount of the issuance will be no more than $6.8 million. At this time, the issuance is expected to be $6.5 million, with approximately $5.2 million used to refinance existing debt and $1.3 million for fire and gymnasium improvements. Any increase between $6.5 million and $6.8 million will have minimal effect on the City. Mr. Nelson stated one of the effects would be the City would retain a slightly larger administrative fee, while on other hand the City's tax exempt bank-qualified borrowing reserve would be reduced by $300,000. Bank-qualified obligations are limited to $10 million in each calendar year for the City's debt and any debt issued under a 501(c)(3) organization such as Totino-Grace. So the City is limited each year to issuing $10 million of bank-qualified bonds to be tax exempt on that end of it. This would be $6.5 or $6.8 million of the $10 million cap. Mr. Nelson stated the City does not expect to issue any debt to exceed $10 million. We do plan to potentially issue some water revenue bonds, but it should not come close to reaching the cap. Mr. Nelson stated the City will receive a fee for its role in assisting Totino-Grace in securing the revenue notes. The fee that has been agreed to is 1/4 of 1 percent. Based on the $6.5 million issuance, the fee would equate to just over $16,000. Mr. Nelson stated State law requires a public hearing on the project and the IRS tax code requires a public hearing prior to the issuance of the note. In 2013, the City issued a revenue note for Unity Hospital for the transitional care unit. This is basically identical to that type of financing,just a different type of note. Councilmearber Bolkcom asked what would happen if something catastrophic in the City happened. Mr. Nelson replied that is a hard cap on what would be tax exempt. It would just be taxable at that point in time. 6 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 7 Catherine Courtney, Briggs and Morgan, Fridley's bond counsel, stated $10 million is the cap. It is based on a reasonable expectation. If the City did issue the bonds for Totino-Grace at this point and designated as bank-qualified, it would not affect that designation for Totino-Grace. Their bonds would be okay. If the City did go over that $10 million, the City's bonds could still be tax exempt; but its interest rate might be a little bit higher than if it could have issued them as banlc-qualified. Councilmember Bolkcom asked how much higher. Attorney Courtney replied about one-quarter to one-half percent difference. Michael Bilski, 1422 Royal Oak Court, replied, that is fair. The bank-qualified $10 million allows the banks to purchase. The City could still issue t� exempt bonds, but banks would be prohibited from the tax exempt status of those bonds. The amount of availability of purchasers would be somewhat limited just because banks could not buy them. Councilmember Bolkcom stated which means the City might not get as favorable an interest rate. Mr. Bilski replied it would be one-quarter to one-half percent higher. Councilmember Bolkcom stated there are a lot of pieces of paper. She asked counsel whether everything is straightforward and the City is protected as much as it can be with the legal documents that are before them? Attorney Courtney stated as Mr. Nelson indicated this is conduit debt. What the City is essentially providing is its name. Only municipal entities can issue tax exempt debt. All of the obligation is Totino-Grace's which is covered in the document. MOTION by Councilmember Varichak to close the public hearing. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 7:30 P.M. OLD BUSINESS: 7. Approve a 120-day Extension Request for Final Plat Approval, PS #12-01, and Vacation Request, SAV #13-02, by Carlson McCain on Behalf of William Fogerty, for the Property Generally Located at 7011 University Avenue N.E. (Ward 1). Scott Hickok, Community Development Director, said since 2006, there have been two preliminary plats on this site--a variance and three special permits. The first of the special permits would have allowed a 125-unit senior building and also a Fridley medical center building of 50,000 square feet. The second and third special use permits would have reused the arena , 7 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 8 building. The first proposal had about 80 senior units of various sizes, and the third special use permit was to approve a project that had 116 senior units. Mr. Hickok stated the current final plat request was made in July, 2012. Council approved that request in September, 2012. Code requires that the final plat come back to Council within six months. In March, 2013, that plat was due back to Council; however, at that time Mr. Fogerty was evaluating a number of different things, even whether to plat it or go back to just having it be one large single lot. Much work also continued on easements and right-of-way language. A 90-day extension was granted. Four additiona190-day requests have been granted since then. Mr. Hickok said the last two extension requests were made by Mr. Fogerty's daughter, Danielle Caylor. This current extension is for 120 days and more than likely is the last needed as the sale of the property may occur within this timeframe, and the future owner may not need the plat. A purchase agreement is anticipated by the end of the month according to Ms. Caylor. Staff recommends Council approve the extension until its July 14, 2014, regular meeting. Mr. Hickok stated he did talk to the petitioner, the engineering firm, and also left a detailed message for Danielle Caylor. He has not heard from Ms. Caylor nor has the engineering firm. City staff is requesting the 120-day extension. Councilmember Saefke asked if this property is still on the tax rolls. Mr. Hickok replied yes. Councilmember Saefke asked if it is really affecting the City one way or another whether or not it is getting platted now. Mr. Hickok replied no, it is not. Councilmember Saefke asked whether there is any expiration date on the waiver of the 60-day rule they had granted. Mr. Hickok replied, no, once they let go of it which they have, and that is a good point, they have done that. There is no restriction now on the time. Councilmember Saefke asked and staff feels pretty confident that after this 120 days it will be settled. Mr. Hickok stated from the rumblings he is hearing something likely will happen within this time period. At that point he would suspect they either move ahead with approving the plat or the game will start over with a development. Councilmember Saefke stated just to let that property lay fallow as it is, and having to pay taxes on it, one would think one would want to do something with it. He does not have any objection to the 120-day extension. Something should be done. S FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 9 Councilmember Barnette asked Mr. Hickok if they have any idea of the health of Mr. Fogerty and is Ms. Caylor going to keep this. Mr. Hickok replied the last time they spoke, Ms. Caylor did say Mr. Fogerty is improving. Councilmember Bolkcom stated but this is now a City request, is that conect? Mr. Hickok replied, that is correct. Councilmember Bolkcom stated and Ms. Caylor is aware this is on the agenda tonight? Mr. Hickok replied, yes. Councilmember Bolkcom stated Ms. Caylor knew this before Mr. Hickok left her a message, and there was no other discussion? Mr. Hickok replied Ms. Caylor got a detailed package with the explanation the City would need to know in time to assemble Council's packet and get it out to the Council for this meeting tonight. When staff did not see a response, they called and urged her to get that in. Not hearing anything, staff needed to make a decision about what to do. Councilmember Bolkcom asked if the property is sold before the 120 days, it could come back to the Council to no longer keep it on the docket if it is a whole different program at that point. Mr. Hickok replied, what they would see then if they do not need the plat is they would probably just get a simple letter back from them withdrawing the request. They will have to finalize the action on this at the Council level. Councilmember Bolkcom stated the purpose of the options is to lay them out and that is why staff is asking for 120 days versus 90 days. Because Mr. Hickok has had conversation with Ms. Caylor and will again hopefully soon, at some point this will be back for discussion on a staff and City Council leveL Mr. Hickok replied, the options were in Council's packet, one, to be absolutely transparent. These are the discussions staff has had with Mr. Fogerty prior to his accident. He understood all of those options and that is the kind of thing he was evaluating. His daughter was put in a pretty tough predicament. She is not a developer. She did not necessarily know the discussions that took place. T'hey needed to just spell out those options so that at some point somebody does not come back and say, look, she really did not understand that by the Council approving this they were actually giving the City something. You were giving a right-of-way back to the City, you were giving easements back for trails, etc. The City is trying to lay out the four options. Wally Wysopal, City Manager, stated he was discussing this matter with Mr. Hickok, they decided to put the options out there and let it be completely transparent so the public would know what has been going on with this property. Councilmember Bolkcom asked, come July of this year, if they are still looking at it and are not any further, at some point does the City just pull the plug. 9 FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2014 PAGE 10 Mr. Hickok replied, at that point, frankly, he thinks they will have tried their patience as long as they want to. They have just tried to preserve an opportunity for somebody who needed to learn where her dad was and try and make the best possible decision. If Council decides they need to conclude this, a future buyer likely could buy the property and all of the intellectual product they had purchased through the engineering company including the plat, the descriptions of the easements, etc. If they wanted to do that they could initiate that process and they own all of that information. They would not have to start over. Councilmember Bolkcom stated personally by June if there is not something happening, they need to have some discussion on the Council level with staff whether they will just extend it again in July. She would like to see the City's options and discuss it at a workshop. Mr. Hickok stated just to be clear, those options are for the petitioner. Council's choice is really to approve or deny the two requests that have been made. MOTION by Councilmember Saefke to approve a 120-day extension request for Final Plat Approval, PS #12-01, and Vacation Request, SAV #13-02, by Carlson McCain on Behalf of William Fagerty, for the property Generally Located at 7011 University Avenue N.E. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Resolution of Support for Anoka County's Riverfront/Islands of Peace Master Plan Amendment (Continued February 24,2014). Jack Kirk, Director of Parks and Recreation, stated the discussion at the Council meeting on February 24, 2014, centered on a need to see the document in its entirety. It is his understanding that document was delivered to all of the councilmembers shortly after that meeting. The complete document also was delivered and reviewed by Parks and Recreation Commission members. The Parks and Recreation meet a week ago, and they did support this resolution. Councilmember Bolkcom asked if a motion was made. Mr. Kirk replied a motion was made by Commission Member Kondrick, and seconded by Commission Member Ackerman to support the resolution, and they also recommended the City Council pass the resolution of support for this master plan amendment. Wally Wysopal, City Manager, stated some of this is catching the Council by surprise, and he acknowledges that. This master planning process might have taken all of them by surprise. He and Councilmember Bolkcom had some discussions and he was asked why Council was not notified of a meeting last August. He can say probably because he did not know about it or he was not notified. That is taking the easy way out. They could have done a better job of bringing the Council some of this information. The good news is that back in August at that meeting, the County did do notifications to the affected neighborhoods and some 14 people from the neighborhood did show up at that meeting. They did not leave any comments. Some of that 10 FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2014 PAGE 11 public involvement might have taken place without Council's knowing about it and he apologized for that. Councilmember Bolkcom stated it bothers the residents in that neighborhood, how come none of the Council were there, this is something that affects the City. This is pretty significant. She is glad they had a chance to look at the master plan. There is a document signed back in 1981 by the mayor at that time. There are lots of things the City understands, the County, and determine the content of activities; and the City agrees that the County may make the facilities on the subject property available to third parties lease the subject property with concurrence of the City. Are there things that are happening there that come back to the City because it actually says that as a City Council they should be approving some of those things? Mr. Kirk asked if she is talking about the use of the facility. Councilmember Bolkcom replied yes. Mr. Kirk replied that did come back to the City. There were a couple of organization5 looking at doing a rental, and those did come back, and ultimately the building was rented to the Minnesota Recreation and Park Association who have their executive offices there. If he recalls that did come back to the City before that was done. Councilmember Bolkcom asked, right, but it also says any improvements need to come back to them and, if they do not reply within 30 days, it can happen. She really thinks they need to look over this agreement because it is part of the Master Plan and they should look at it in detail. It says on page 6 in the first part of the agreement, "Any development plan made by the County to improve park facilities other than the normal maintenance activities shall be approved in writing by the City Council. Any capital improvements provided for in the master plan on file and no further approval by the City is necessary." That is her question to the City Attorney, tonight they are there being asked to support a new master plan amendment, there are some pretty significant changes in the usage of Islands of Peace. If they approve this resolution in supporting the new regional park master plan amendment, and they want to do all the things that are in here, is the City basically giving them the opportunity to go ahead with anything they want? Darcy Erickson, City Attorney, replied, she has not seen the joint powers agreement. She cannot say what the content of the agreement is and what is important. Councilmember Bolkcom asked if she has seen the master plan. Attorney Erickson replied she has not been provided the master plan. Councilmember Bolkcom stated that is one of her first concerns, does that give them carte blanche to go ahead and do any of the improvements because it says any development plan by the County to improve other than normal maintenance shall be approved in writing; however, any capital improvements provided for in the master plan on file. . She would not approve this master plan. It is a resolution supporting a master plan, does that mean they are approving it? 11 FRIDLEY CITY COUNCIL MEETING OF MARCH 10, 2014 PAGE 12 Mr. Wysopal replied, he does not think the City has the right or authority to approve a County master plan. That is within the County's jurisdiction, and the City would have the option of endorsing it. Councilmember Bolkcom stated, it says any capital improvements provided for in the master plan on file and no further approval by the City is necessary. If this is on file with the County and they are approving a resolution tonight, is there any obligation now for them to go ahead with all the improvements they are now putting in their master plan which are pretty significant to the neighborhood. One of her concerns is she knows there were some City staff there but, if you look at the Islands of Peace concepts, there is an active park area on the top of the bluff adjacent to the neighborhood which would include enhanced picnic areas with a new open air pavilion. There would be a snack bar and rental facilities restroom. There would be a new playground, a new bridge, a new trail, and mixed use of East River Road. Those are some of the things that are part of their plan which definitely would change the flavor of that neighborhood. Mr. Hickok stated while Mr. Kirk, Ms. Qualley, and he attended the County's open house down at the park along the river, frankly he was quite surprised that this was the first he knew that Council was not invited or staff would have made more of an announcement. They had gotten this information, they showed up, they did cornment. Part of what they are seeing, when talking about the pavilion and some of the residential stuff, the Park is not planning that residential stuff that was in response to staff had discussions with them about that master planning effort they are doing with the Metropolitan Council. Initially there was a lot of reluctance on the part of the County to let the City do anything that would affect that park. Our staff really wanted to make that more of an amenity and more of an attraction, not something that is tucked behind buildings, but something the neighborhood and park can interact and do in a much more positive way. They built some of those things into their plan. In the comprehensive plan, the City had talked about getting more people to the river, trying to make it more of an amenity. They are right along the national bike trail. It is a scenic river way, and they are trying to make it more attractive. The County is trying to anticipate what the City will want to do with this master plan and what they are doing with the Metropolitan Council right now. It has to do also with the City's TOD. All of this within ten minute walks of the train station. They are trying to leave the City some room. They are not going to be building residential. That would be something the City would do. They are just making room for it if the City wants to do that. Councilmember Bolkcom stated Islands of Peace is city-owned property. If she understands this, it would also increase taking some more city-owned property, is that correct, for some of these improvements? Mr. Hickok replied just enhancing city-owned property, not taking it. Councilmember Bolkcom stated, it says, future City ownership, 4.8 acres. Mr. Hickok replied that is if the City wants to buy. For example, the snack pavilion will be on property where the City would have to purchase it if they wanted it. 12 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 13 Councilmember Bolkcom stated,just going down, at the top it says "residential trail easement on park expansion currently private ownership," is that what Mr. Hickok is talking about. Mr. Hickok replied, that is private ownership; the City would have to have some easements or some considerations given. There would be negotiations. The 4.8 acres would be an expansion of the park area. Councilmember Bolkcom stated and then there is current City ownership of future regional park land which is 3.5 acres. That is city-owned property that could be a regional park? Mr. Hickok replied it could play a role. Councilmember Bolkcom stated she does not totally understand this whole thing. Some of it is owned by the City and some is private ownership. Mr. Hickok replied the County made it very clear they are not interested in buying more land. If the City wanted to do some of these enhancements that it talked about in the TOD plan, it would have to buy it. The County is trying to make that clear in the plan so there is no question later. The County is trying to point out they are putting in the plan that if the City wants it, the City will have to buy it. Councilmember Bolkcom asked about one that states current City ownership of a future regional park. Would the City buy that? "Regional" sounds like it would be the County, or Met Council. Mr. Hickok stated they use the square foot dimension in this park. They do not have enough to make this a regional park without including Islands of Peace. Councilmember Bolkcom stated Islands of Peace and Manomin Park. They are all part of that one regional park. Mr. Hickok replied, right. They need all of that consolidated squaze foot dimension. You need a minimum area to get Federal funding for regional parks. Part of the County's fear early on in this process is the City's efforts wanting to reshape Islands of Peace and maybe take away some of the square foot dimension, thereby pulling the County out of the contention as a regional park. That was never the City's interest. It was owned by the City, but it is square dimension that is added to the overall to give the County the size to become a regional park. Councilmember Bolkcom stated under key elements it says, with a total park increase of 8.9. She asked where all this and the money were coming from. Mr. Hickok replied, if you take those numbers, 4.8, 3.5, 1.8, that is the 8.9. That is where they are saying that would need to be City land. If the City wants to expand that as part of this master plan, then that would be city-owned. Councilmember Bolkcom stated she does not see that in any of the context of the plan amendment and that is why she is confused. She is only looking at one page. Everything else is more about what the logistics are. It was probably better explained at the meeting. 13 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 14 Mr. Hickok replied there was really no presentation at the meeting. The plan was laid out and people asked questions about it. It was an open house with basically the County's large aerial view of the park and then the text that would be going into this document. It was not one of the City's community meetings it has had where a lot of explanation is given. Councilmember Bolkcom stated the only comments she saw from the City staff level were related to road alignment, etc. Were there other comments? It says see attached written comments. The only comments she sees are e-mails from Mr. Hickok, Ms. Jones, and Ms. Qualley to the County and no response back from them. Mr. Hickok stated there was some dialogue other than those e-mails at the open house when they talked about making sure there were connections to the new 122-acre BAE development. There was a lot of discussion that went into the fabric of that document but did not necessarily come out. Comments from the staff really happened at meetings they had at the building down at Islands of Peace. He was surprised to find out this plan was evolving at the same time they were talking to the County about this master plan. A short time after the County held the meetings, they had this plan for the City. There had not been any real big discussion about this plan. For the most part he was very pleased. After he saw it, he thought it was perplexing there had not been a lot of discussion at that meeting. However, he was very pleased then to see they took into consideration the things they had discussed down there. The pavilion and the fact that once they extend 57`h Avenue across the John Allen project, there is opportunity for the City to make a connection that really becomes more public. That would be a very good thing. The County tried to make provisions to talk about that. Councilmember Bolkcom stated but she does not see any of that discussion/information. Mr. Hickok stated there is an illustration in there that came from that discussion prepared by Hoisington & Koegler laying out a diagram. That was really a product of those meetings they had down at the park building where they were talking conceptually about how they were in the very early stages of this discussion of the TOD; but the Met Council did not want the park even discussed in the City's TOD plan. Staff felt the park was an essential part if they really want to promote this area as a dynamic area. It would be foolish for the City not to have the park interwoven in the trails, etc., that gets you to the train station, etc. It took that illustration and several meetings with the County for staff to show the County they are not trying to subtract from the park, they are trying to enhance the park so people actually use it and it becomes an amenity down in that area. Councilmember Bolkcom stated it is confusing because the first three pages are about Riverfront Park. It shows you all this different stuff, related to the County. Then the other diagram is some of the City concepts. Mr. Hickok stated that was a consolidated effort between the City and the County. That was some of the County's desires, new bridges down below and things like that. It also built in some concepts they talked about to try and open up the views into the park and give them maybe more of a public way of getting to the park, etc. 14 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 15 Councilmember Bolkcom stated in nowhere that she could see it says anything about it being a joint effort. It just looks like this is something the County has done. Mr. Hickok stated that is a valuable point. They had a meeting on this and the County was not really talking to them about their bigger plan. They were focused on that page, and that page became part of their plan. Timing was kind of interesting but for the most part there are a lot of exciting things about it. Paul Hyde has looked at it. Hyde Development is really using this as a very positive thing. , Councilmember Bolkcom asked how can she be comfortable there will be more input before anything happens in the residential neighborhoods. Is the agreement from 1981 still valid? Mr. Hickok replied, all of the planning the City would be doing relative to this TOD master plan, anything that has to do with that residential development at all, that has the standard City planning processes attached to it. None of that happens without it going through the Planning Commission and City Council. What the County is saying is the land they have for park they would like the City's support in saying it has looked at it and, when the County is ready to build that pavilion, to go ahead and do it. They do not have to wait for a public process to build a pavilion in the park. However, if it is going to be something outside of the park, land that the City has to buy, there are going to be all sorts of hearings. The neighborhood might get a new pavilion, they might get a new child's play area in the park, some of those things, without a lot pomp and circumstance, but that is inside the park boundaries. It is already controlled either by the City or the County. Councilmember Bolkcom asked anything that is not in their actual park now and, even though it is City's property, improvements can happen there. Anything outside of that has to come back to them. Mr. Hickok replied, yes, public hearings, etc. The standard practices. Councilmember Bolkcom stated the reason she is asking this is because in this agreement it says there is a master plan and this is in the master plan the way this agreement reads. It does say the agreement can be terminated with or without cause upon 365 days' written notice with or without cause. Mr. Hickok stated there is nothing that is giving the County planning authority outside the bounds of the park. Councilmember Bolkcom stated one area it says, Riverfront, and there had to be a public hearing which was in the Anoka Union and she is not sure how many people in Fridley get that. She understands from Mr. Kirk there was a mailing to the neighborhood. She asked if staff saw the mailing. She saw an invitation in the plan document. Mr. Kirk replied, he believed it was the same mailing he received. It might have been a postcard. There was no presentation, but they had a lot of graphics, a lot of poster boards, and they had staff there who would talk with people about the proposed project. 15 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 16 Mr. Kirk stated back when the County was doing Locke Park, there were a lot of improvements. The County did come to the Parks and Recreation Commission, and at that time, they were already starting their planning process and had told them that down the road they would be finalizing plans and needing to do a master plan amendment to the Metropolitan Council. Most of the improvements were focused on Riverfront, but some of the things, especially the land items that are shown here were because the City asked them to reconsider their view of possible changes to the configuration of the park. They replied that the time to put in these changes would be now when they are doing the master plan rather than having to do another master plan amendment two years down the road when the City decides they want to do something with the property. The adding of the Islands of Peace property into that master plan was really trying to accommodate the City's request to have some flexibility with the TOD in that neighborhood. Councilmember Bolkcom stated as to the dog park, they have a similar agreement with Anoka County that any improvements need to come back before the City Council. She is not concerned they are following the agreement. The City Attorney should really look at the agreement. Mayor Lund stated the summary of this lengthy discussion has been a failure to communicate. With a significant project like this, Council and especially the Ward Councilmember would want to weigh in on it. Councilmember Bolkcom stated if you look at the resolution on page 65, the fourth "Whereas" says, "will update existing amenities, add disc golf and expand the boundary of Islands of Peace." What does that mean? Mr. Hickok replied it is giving the City the opportunity if it wants to expand it. It really gets back to the County's point. They do not want it diminished in any way. "Expand" would be the operative word there. They do not care if the City expands it, they just do not want it getting any smaller. They have exactly the square feet to be a regional park. Councilmember Bolkcom asked if that was what that sentence said. Mr. Hickok replied yes, knowing the discussion. Councilmember Bolkcom asked Attorney Erickson what the language restriction means. Attorney Erickson replied, she really cannot comment what the intent or meaning of it is without seeing the agreement. Mr. Hickok has provided some context for it. Mayor Lund stated he does see Councilmember Bolkcom's point. It could probably be a little more succinct and say, if the City so chooses to, expand the boundaries of the park but not diminish it. Councilmember Bolkcom stated and "Whereas, City of Fridley representatives have reviewed and commented on the plan," meaning City staff? Are City councilmembers considered representatives? 16 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 17 I Mr. Hickok replied tonight Council is commenting. The resolution relates to the comments this evening and the comments earlier at that park meeting. As to the next paragraph, it is saying developed a park development program that expands. They are not saying the park now expands by this resolution. They are just saying there is a park development program that basically allows the park to expand. All of that expansion happens at the City's expense and through its ', standard planning process. It is not expanding the boundaries of the park. Not on people's ' private property. Not until land is acquired. If land is not acquired, the park does not expand. It is just like zoning where you lay out a plan, and if it is in the Met Council's plan and they are able to acquire property, then they do not have to go back to the Met Council for this expansion. We can acquire it, and it is already laid out in the plan somewhere. It actually helps the City get funding if it is laid out in a plan. Councilmember Bolkcom stated then on page 63 the last paragraph says the boundaries for Islands of Peace is proposed to be expanded to include land already under the ownership of the City of Fridley and immediately to the west of Stevenson Elementary. To her that sounds like an expansion. Mr. Kirk stated that is land the City currently owns. It is just to the north of what is Islands of Peace now. They would have the opportunity, if they got funding, to potentially add trails which is about the only thing you can do that in that area. That is not buildable land, there is nothing else really you could put in there. As to the other parcel which is cunently private land, that is a future potential addition to the park which would not happen without the City being the major player in that project. This park that is there now is land that is down at the bottom of the bluff. It is basically on the same level as the majority of the Islands of Peace Park. It was never designated as part of the Islands of Peace Park, but it is City of Fridley property. It makes some sense since the other City of Fridley property right adjacent to it is being operated and maintained by the County and have a willingness to take that on; but that would be added to that. It would potentially enhance the trail system there. It really came to light when Stevenson Elementary School was looking at trying to add better access for their students to the river and the river bluff area. Councilmember Bolkcom stated she also remembered discussion from the neighborhood where some were for and some were against it. She asked if any other councilmembers had any concerns about this. Mayor Lund stated these are all good amenities. There has been some staff review. There is not anything in here that would cause him to be concerned about the residential areas nearby. These are good things, and he would vote to pass the resolution. They should also send the County a clear message the Council wants to be better involved in the process. He did not see in the 1981 agreement about the 30 days. He does not know if that gives them adequate time. To go through the Parks and Recreation Commission's recommendation and then come to City Council; he sees it as typically a 60-day deal just like so many other things. Mr. Kirk said Mayor Lund could reiterate that and emphasize that to the Met Council to make sure the City Council approves those projects in writing to provide ample lead time. 17 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 18 Councilmember Bolkcom stated it also says the City and County will meet periodically to I discuss and review work and development plans. Does that happen? Mr. Kirk replied, back in 1981, 1982, and 1983 it probably did and, as the City gained confidence that Anoka County was maintaining and operating a park at a level the City was comfortable with, that did not continue to happen. Councilmember Varichak stated she is totally in favor of this. She is glad they had a couple of extra weeks to review the master plan and all of the amenities it is proposing. Councilmember Bolkcom did have some valid points. She asked because this is laid out the way it is, is there no chance of changes? For example, perhaps somebody wants to ask for a dog park there instead of the golf disc park. Mr. Kirk replied the County has researched what would be the best use. Councilmember Varichak stated not that she would be opposed to the Frisbee golf because it is a popular thing that is happening right now. Mr. Kirk stated and they have experience with one that is up at Bunker. There is nothing down this way in terms of disc golf. One of the other things the County has shared with him is there have been some concerns at times about users at that park. They wanted to get some real positive activities there that they felt would bring maybe a more positive use to the park area. They have been talking about trying to put in disc golf for three or four years. There is always an opportunity they could make another adjustment to the plans down the road if that is what they felt the public wanted or the City wanted. Councilmember Varichak stated the County turned down the SHIP grant last year. Now they want to get funds for this. Mr. Kirk said he believed the one was a County Board decision, and this is something the County Park Committee (which he believes has a couple of Board members on) came up with. They are applying for regional park funds. There were two different groups making decisions. Mr. Wysopal stated to summarize a few things that have come out of this discussion: (1) land use regulations remain intact as the City of Fridley retains those rights and authority to exercise any plan that takes place there; (2) have the City Attorney review that 1981 agreement, and staff will provide the Council with some feedback regarding that agreement; and (3) send the County some communication with regard to this process and ask that the City and City Council become more of a partner in that whole process. Councilmember Bolkcom stated in the agreement there actually is the same resolution they were asked to pass tonight that was passed by all the Board members. Mr. Kirk stated they passed a resolution supporting their plan. It was developed by the Park Committee and staff. 18 FRIDLEY CITY COUNCIL MEETING OF MARCH 10.2014 PAGE 19 MOTION by Councilmember Bolkcom to adopting Resolution No. 2014-26. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE , MOTION CARRIED UNANIMOUSLY. ' NEW BUSINESS: 9. Resolution Approving the Issuance and Sale of an Educational Facilities Revenue Note, Series 2014, and Authorizing the Execution of Documents Relating Thereto (Totino-Grace High School Project) (Ward 2). MOTION by Councilmember Varichak to adopt Resolution No. 2014-27. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Approve Change Order No. 1 for Oak Glen Creek Project No. 380. James Kosluchar, Director of Public Works, stated in 2011, the City and Anoka Conservation District and Coon Creek Watershed District developed plans for Oak Glen Creek, the lower portion west of East River Road. The Anoka Conservation District consequently obtained a Clean Water Systems grant through the Legacy Program to assist in funding that project and matches from special assessments from the City's storm water utility. The City of Fridley oversees the project under its Joint Powers Agreement with the Anoka Conservation District. They did the project last June. At that time, there was a concern about exceeding the eligible budget for the project. Therefore, they had a number of items they eliminated or held back from the bid documents. Fortunately, this came well in under budget including that of the low bidder, Blackstone Contracting. Staff has directed additional work to be completed on the project which enables full utilization of the awarded grant without exceeding the project budget and establishes improvements initially contemplated in the project scope. Mr. Kosluchar stated the items break down into four categories. There is stabilization of specific upper slope areas. This is the big item at $82,470. This stabilization was discussed at project meetings and met with strong support by the residents and watershed agencies. Mr. Kosluchar showed a map showing the areas that were contemplated and ranked by Wenck, the consultant engineer. Most of the areas shown were actually done. There are three or four left of£ They were prioritized and done in sequence of highest to lowest priority. Mr. Kosluchar stated they changed the configuration of the outfall. This was a negative number. They provided a savings by reducing some pipe and apron there and arrived at a better access point by doing so. Mr. Kosluchar stated the next item is an addition for toe boulder extension. They had cut the project off at the lower end, trying to again get some savings valuing the project down. The toe 19 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 20 boulders extend the length of the channel from East River Road. They actually stopped about 150 feet upstream of the mouth of the creek. Mr. Kosluchar stated the last item they modified were the cross vanes or check dams. Originally, it was conceived to have six and then a foot of fall between each one. They were able to actually come up with a better design in the field after seeing how the layout would work. They increased it to 13 and shortened the drop to half a foot which allowed them to be lower and a little more structurally stable. They also added some small rock to make the larger rock hold in place better. Mr. Kosluchar stated the total for the project is $339,700 and with the match, the total amount of funding is $425,625. The award on the bid for the project is $263,516. The proposed change order is $95,865. That leaves $65,244 for engineering and administration of the project and continuency for the remaining stages of construction. Mr. Kosluchar stated staff recommends approval of Change No. 1, as it enables full utilization of the awarded grant for the project and puts in place project elements that are needed and desired by the City and property owners. It provides a more robust project and establishes improvements originally contemplated in the project. Staff further recommends consideration for stabilization for upper slopes under this change order is not included as part of the special assessment to benefiting property owners, as the work is kind of a variable. It is not as uniform. If they were to accommodate those, you may end up with a variable assessment by some formula. Not part of the action requested tonight but something for the Council to consider going forward. Councilmember Bolkcom asked what percentage of the project is completed. Mr. Kosluchar replied, the heavy work is substantially completed. He would say they are about 80 percent complete. Councilmember Bolkcom asked there were some people who wanted o know if some work could happen on their property with the contractor, where are they at with that? Mr. Kosluchar replied that is in their contingency, that $65,000 remaining. Mainly some drainage downspout work. There was one other property owner who wanted to have some additional rock stabilization. When they came to the end of where they could go and determined what that quantity was, they met with that owner last week and went through with Wenck and the contractor, himself, and the owner was pretty satisfied with what is there. There are some other things that Wenck suggested to the property owner to monitor his property. Councilmember Bolkcom stated she thought there were some other property owners asking if other additions could be done. Mr. Kosluchar stated there were some other smaller things that will be done going forward and there will be some opportunities for people to decide whether they want to participate in those improvements, particularly in regard to the downspouts. 20 FRIDLEY CITY COUNCIL MEETING OF MARCH 10,2014 PAGE 21 Councilmember Bolkcom stated one other thing is the time is running out as far as making an application for the plantings. Has that information been sent out? Mr. Kosluchar stated he does not know, but will make sure it gets sent out. MOTION by Councilmember Bolkcom to approve Change Order No. 1 for Oak Glen Creek Project No. 380. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Informal Status Reports: None. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:59 P.M. Respectfully submitted, Denise Johnson Scott Lund Recording Secretary Mayor 21 : AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2014 CffY OF FRIDItIf Date: March 20, 2014 To: Walter T. Wysopal, City Manager�=f�v From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution correcting an error in Resolution#2013-60 that approved Vacation Request, SAV#13-03,for Vision Woodworking REQ,UEST As the City Council will recall,Vision Woodworking was granted a side yard setback variance and a street vacation ; in October of 2013. These land use requests were �� . �� _i_._', Proposed ` ' approved to allow the construction of a building addition -- �.< __ ; on the east side of their building located at 7890 Hickory •', � ;s Addition ,_ ,M c, Street. �.i � _ . .. .�.. ..............._. .Y� .:�..._:;.. .�.. .. �," . � • �` �il After the resolution had been filed at Anoka County, the 1� 'i� petitioner's attorney called and asked that both a resolutions be modified related to the legal description � � . t , t ha t was fi le d for t he priva te non-exc lusive access ; � `` easement the petitioner's were required to grant to their �`� �j �; � {i � � � � �;' ; neighboring property owners; Burlington Northern Inc., " '=-' �� ' + '� � ; '7 . Carlson Park Properties, and Ryan Companies US Inc. j .��. 'S 'ti s.s �,�� ' � n ;'-� ' The legal description approved required Vision - ,. ' � j ; : � , Woodworking to grant an access easement over land that � ' ' Park Construction would acquire with the street vacation. .. ��,� ,�; � � � �! Vision Woodworking can't grant an easement to someone �' ' � a over land they don't own,so as a result, the petitioner '�� `- � �'�� ; � ;�� ; � �, requests the legal description be changed. � �� ' o;. ..»�..: s� � t, :.�;, �-;J' _ ,,�� ,;�,��.�s�� PLANNING STAFF RECOMMENDATION o City Staff recommends approval of the attached modified �i. �` ��"�� "�i `; � resolution. 4� � j4 , �- 's r 1; . 't . ' S`' �j�i , rt' � ' `:� ( f 1 `t �� j • . 1 4 � . �� "�� ,`_ . , �..{.'r�,�. 22 RESOLUTION NO. 2014 - RESOLUTION TO CORRECT RESOLUTION NUMBER 2013-60 VACATING AND RESERVING A PORTION OF 79�AVENUE WEST OF HICKORY STREET TO THE BURLINGTON NORTHERN SANTA FE RAILROAD TRACKS, GENERALLY LOCATED NORTH OF 7890 HICKORY STREET NE,PETITIONED BY DONALD J. AND JUDITH M. GAMBONI,THE PROPERTY OWNERS OF 7890 HICKORY STREET NE WHEREAS, on August 16, 2013, Petitioners Donald J. and Judith M. Gamboni, who own the real property located at 7890 Hickory Street NE, submitted a request for the vacation of a portion of 79�' Avenue NE; WHEREAS, pursuant to City Charter Section 12.07 and City Code Section 205.05.7, property owners of land abutting the subject portion of 79`�' Avenue NE have expressed their agreement with the vacation request conditioned on provision of private access easements by the Petitioner; WHEREAS, after notice of a public hearing concerning the requested vacation was duly provided in accordance with City Code Section 205.05.07 and a public hearing was held on said request at the Planning Commission meeting on September 18, 2013, at the City of Fridley City Hall, 6431 University Avenue NE, Fridley, Minnesota; and WHEREAS, at the City Council Meeting on October 14, 2013, the City Council of the City of Fridley proceeded to hear all persons interested in said vacation request and all persons interested were afforded an opportunity to present their views and objections to the granting of said Petition and the City Council considered the request for vacation of a portion of 79�' Avenue NE; and WHEREAS,the City Council of Fridley determined that the petitioned vacation would be in the public interest; and WHEREAS, a copy of the RIGHT-OF-WAY VACATION EXHIBIT was attached as Exhibit A to the resolution approving the right of way vacation request, SAV #13-03, Resolution 2013-60; and WHEREAS, the resolution approving the right of way vacation request, SAV #13-03, Resolution 2013-60, was recorded with the Anoka County Registrar of Titles on October 24, 2013 as Document No. 519809.006 TORRENS; and WHEREAS, subsequent to the recording of Document No. 519809.006 TORRENS, an error was found in the legal description in Document No. 519809.006 TORRENS, related to the description of the private non-exclusive access easement that the property owners, Donald J. Gamboni and Judith M. Gamboni (the "Gambonis") were required to grant to adjacent property 23 owners, Burlington Northern Inc., Carlson Park Properties, and Ryan Companies US Inc. in Stipulation #3 in Resolution 2013-60; and WHEREAS, the purpose of this Resolution is to conect the error in the legal description related to the private non-exclusive access easement in Resolution 2013-60 and does not in any way affect or change the right of way vacation and the reservation of the permanent drainage and utility easement set forth in pursuant to Resolution 2013-60; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: 1. That the vacation approved in Resolution 2013-60 shall be effective only upon the recording of a private non-exclusive access easement granted by the Petitioners Donald J. Gamboni and Judith M. Gamboni over: That part of the north half of 79th Avenue N.E. lying between the northerly extension of the west line of Hickory Street and the southerly extension of the easterly line of PARK SHOP, according to the recorded plat thereof, Anoka County, Minnesota. Together with that part of the south half of 79`h Avenue N.E. lying between said northerly extension of the west line of Hickory Street and the southerly extension of the westerly line of said PARK SHOP. to adjacent property owners, who are currently Burlington Northern Inc., Carlson Park Properties, and Ryan Companies US Inc. 2. The RIGHT-OF-WAY VACATION EXHIBIT attached to Resolution 2013-60 as Exhibit A and the stipulations contained in Resolution 2013-60 are hereby reaffirmed and revised only with respect to the legal description set forth in Stipulation #3 (and corrected in Paragraph l above of this Resolution) related to the private non-exclusive access easement required to be granted by the Gambonis to Burlington Northern Inc., Carlson Park Properties, and Ryan Companies US Inc.; 3. All other provisions of Resolution 2013-60, including the vacation of the right of way and reservation of a permanent easemeni for drainage and utility purposes as set forth in Resolution 2013-60, remain unchanged and in full force and effect. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MARCH 2O14. ATTEST: SCOTT LUND—MAYOR DEBRA A. SKOGEN—CITY CLERK 24 ` AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2014 QTY OF FRIDLt1f Date: March 20, 2014 To: Walter T. Wysopal, City ManagerG�bv From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution correcting an error in Resolution#2013-61 that approved Variance Request, VAR#13-01,Vision Woodworking RE UEST As the City Council will recall,Vision Woodworking was granted a side yard setback variance and a street vacation " in October of 2013. These land use requests were ;� approved to allow the construction of a building addition `-- . ,._:�:_-�--',_.:_ Proposed � ' on the east side of their building located at 7890 Hickory ' � �: l::,., Addition Street. `:�� ' �' , � _ Y}, Y� l �� I S.r . After the resolution had been filed at Anoka County, the ' ��. {� , petitioner's attorney called and asked that both = resolutions be modified related to the legal description .. � f , ;; that was filed for the private non-exclusive access ; easement the petitione�s were required to grant to their � „ �� ` � � "�R neighboring property owners; Burlington Northern Inc., - y=- ' Carlson Park Properties, and Ryan Companies US Inc. `� �4�� ' '`'i . .� , i',. 14f ��i�� . a `.�'^ � � I .: The legal description approved required Vision _ S :,� 'jy �i.Y A �� :f� � � .� � �. Woodworking to grant an access easement over land that � , a Park Construction would acquire with the street vacation. „ � � � ,i : Vision Woodworking can't grant an easement to someone �,�._ z � � ' over land they don't own, so as a result,the petitioner ,. � ,,�� ;- ; : requests the legal description be changed. �� '�;� ;�� s� , .--. PLANNING STAFF RECOMMENDATION 1 '��`�"`', I ,�V � �. City Staff recommends approval of the attached modified �'t �, - :�"' �4! � resolution. t '�' �;�=. � �. �: .�4 i,�i' 1 , �t'� � I �'�' � i{ ' � �� `� wv ..'.1 � '�t� . ,?�+�;•;:S \- 25 RESOLUTION NO. 2014 - A RESOLUTION TO CORRECT RESOLUTION NUMBER 2013-61 APPROVING VARIANCE VAR# 13-01 TO ALLOW A 12 FOOT SIDE YARD SETBACK ON A CORNER LOT WHERE 25 FEET IS REQUIRED; FOR THE PROPERTY GENERALLY LOCATED AT 7890 HICKORY STREET NE, PETITIONED BY DONALD J.AND JUDITH M. GAMBONI WHEREAS, on August 30, 2013, an application for a Variance was submitted for the property located at 7890 Hickory Street NE and legally described as: Lots 1 through 12, including Block 4, Onaway, together with adjacent vacated street and adjacent vacated alley, subject to easement of record. WHEREAS, Section 205.25.06.D.(2).((b)) of the Fridley City Code requires a side yard setback of 25 ft. on a corner lot, in the S-3, Heavy Industrial Onaway Zoning District;and WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be granted where practical difficulties or unique circumstances exist that cause undue hardship in the strict application of the City Code; and WHEREAS,variance application, VAR#13-01 submitted by Donald J. and Judith M. Gamboni, for the property at 7890 Hickory Street, requested reduction of the side yard setback on a corner lot from 25 ft.to 12 ft.to allow a building addition;and WHEREAS, on October 2, 2013,the Fridley Appeals Commission held a public hearing to consider variance reyuest, VAR#13-01; and WHEREAS,a practical difficulty or uniqueness was found to exist based on the following findings: a. The request is in harmony with the general purpose and intent of the City Ordinance and is consistent with the Comprehensive Plan. b. The request is not out of character for the neighborhood and the reduced side yard setback does not appear to have any adverse impacts on neighboring properties. c. Unique circumstances exist on the property, related to: 1. The shape of the subject property. 2. The subject property is surrounded by public right-of-ways 3. Several utility easements run north and south along the west side of the property making it impossible to expand the building to the west. WHEREAS, at the October 2, 2013 meeting, the Appeals Commission unanimously recommended approval of Variance, VAR#13-01 based on the above findings; and 26 WHEREAS, on October 14, 2013, the Fridley City Council approved a Resolution and the stipulations represented in Exhibit A to the resolution (Resolution 2013-61) as the conditions approved by the City Council on Variance VAR# 13-01; and WHEREAS, Resolution 2013-61, was recorded with the Anoka County Registrar of Titles on October 21, 2013 as Document No. 519722.002 TORRENS;and WHEREAS, subseyuent to the recording of Document No. 519722.002 TORRENS,an error was found in the legal description in Document No. 519722.002 TORRENS related to the description of the private non-exclusive access easement that the property owners,Donald J.Gamboni and Judith M. Gamboni(the"Gambonis")were reyuired to grant to adjacent property owners,Burlington Northern Inc.,Carlson Park Properties, and Ryan Companies US Inc. as Stipulation#2 in Resolution 2013-61; and WHEREAS, the purpose of this Resolution is to correct the error in the legal description related to the private non-exclusive access easement and does not in any way affect or change the merits ofthe variance requested and approved pursuant to Resolution 2013-61; and NOW,TI-�REFORE,BE IT RESOLVED,by the City Council of the City of Fridley that: 1. Variance, VAR# 13-01 and stipulations represented in Exhibit A to Resolution 2013-61 are hereby reaffirmed and revised only with respect to the legal description set forth in Stipulation #2 related to the private non-exclusive access easement required to be granted by the Gambonis to Burlington Northern Inc., Carlson Park Properties, and Ryan Companies US Inc. and said Stipulation #2 shall be revised and corrected to read as follows: Recording of a private non-exclusive access easement granted by the Donald J. Gamboni and Judith M. Gamboni, property owners of 7890 Hickory Street, over: That part of the north half of 79th Avenue N.E. lying between the northerly extension of the west line of Hickory Street and the southerly extension of the easterly line of PARK SHOP, according to the recorded plat thereof, Anoka County, Minnesota. Together with that part of the south half of 79�'Avenue N.E. lying between said northerly extension of the west line of Hickory Street and the southerly extension of the westerly line of said PARK SHOP. to adjacent property owners, who are currently Burlington Northern Inc., Carlson Park Properties, and Ryan Companies US Inc. 2. All other provisions and stipulations of Resolution 2013-61 remain unchanged and in full force and effect. 27 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24T" DAY OF MARCH,2014. SCOTT LUND-MAYOR ATI'EST: DEBRA A. SKOGEN -CITY CLERK 28 � AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2014 QTY OF FRIDLEY Date: March 18, 2014 To: Walter T, Wysopal, City Manager�^�� From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution approving Variance Request,VAR#14-01, Novak-Fleck Inc. RE UEST The petitioner, Dave Byrne of Novak-Fleck, Inc., who is the builder and current property owner for the lot at 5801 3`d Street, is requesting a variance to reduce the side yard setback of an attached garage from 5 ft. to 3 ft. to allow the construction .- r . ,. � , r' �,. � �'�, , � � of a new single family home. � �� <'�� '=�. = , � ; , a k� �t�''°i1 a �.�'_ �'t�YWI r:'^°� -�� `� ` .�,�: � � ��` � � j � , � � The S-1, Hyde Park Neighborhood code � ��"��-� �� '��, � �`�� requires a 5 ft. setback for an attached r° ��' � _ 5 °' ��a�; m , �� , garage to a single family home if the height �' �' � _.° �. � . �� '�`� � :'� �� of the garage is no more than 14 ft. When � �� ; �`� � � ��a�.�� a , ° „, � this lot was replatted in 2005, utility � �� . ° � � �F e ��'4�', � * 4. easements were dedicated on the lot to � ��° � � � �� protect existing utilities on the site. � � � �� `�°��" � �� a � '� � �, � � ,:. � '� �� u , . � a � � �� zq.° The petitioner's surveyor failed to show the �>yr�� ' � '�` � � ' �` �' � � r �'�� 5 � � utilities on the survey submitted with the �,,. �_ : �."� ,, �`�� k��zu �` � � building permit application, and the building �� '�°�� .:� ,� ��'�rd� � �:� �'��_ permit for the new house was issued. Once � � � ��'"` � "� � `�� ., �.� �� 5 � x �.� � �' � City staff determined that there is a sewer ; "�� ,, ;:�� '.�`�� : �f .� pipe that runs along the southern line of the �__.�� 7 . .�� :��`�� ,N �� =r�s , � property, the City required the petitioner to move the house to the north to avoid constructing the house over the pipe. The day construction was to start on the new home,the City's sewer department was out verifying the location of the pipe and realized that the City's as-built drawings of the sewer pipe location were inaccurate and if the home wasn't moved even further north on the lot,the house was going to be built over the sewer line. There was not another reasonable option for the builder or the City. As a result, the petitioner is seeking the proposed variance request. 29 APPEALS COMMISSION RECOMMENDATION At the March 5, 2014,Appeals Commission meeting, a public hearing was held for VAR#14-01. After a brief discussion,the Appeals Commission recommended approval of the variance, with no stipulations. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission and approval of the attached resolution. 30 City of Fridley Land Use Application VAR#14-01 March S, 2014 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Novak-Fleck Inc. SUMMARY OF PROJECT Dave Byrne Dave Byrne, who is representing Novak-Fleck Inc., 8857 Zealand Avenue North the builder and current property owner of the lot at Brooklyn Park MN 55445 5801 3`d Street, is seeking a variance to reduce the Requested Action: side yard setback for an attached garage from 5 ft. Variance to reduce the side yard setback to 3 ft.to allow the construction of a new single Existing Zoning: family home. S-1 (Hyde Park Neighborhood) SUMMARY OF PRACTICAL DIFFICULITIES Location: The City's as-built drawings showed the wrong 5801 3`d Street NE location of the existing sewer pipe that runs through Size: the lot, which caused the new home location to be 10,796 sq. ft. .24 acres modified to allow adequate separation from the Existing Land Use: sewer pipe. New home being constructed on vacant lot SUMMARY OF ANALYSIS Surrounding Land Use & Zoning: City Staff recommends approval of this variance request. N: Single Family&S-1 ■ Practical difficulties exist—City's as-built E; University Avenue & ROW drawings showed wrong location of sewer pipe S: Single Family &S-1 W: Single Family&S-1 CITY COUNCIL ACTION/60 DAY DATE Comprehensive Plan Conformance: City Council—March 24, 2014 Consistent with Plan 60 Day—April 1, 2014 Zoning Ordinance Conformance: �� 't �� .<r �� '�� . Section 205.23.5.D(2)(b) requires a side � �� ` �� , yard setback of five (5)feet for an attached � �� : +�� Y � � � , rt� garage. ��.� y � Zoning History: ' " � ' . � ,.._. 2007—Lot is platted. r, .� �__�� . � �� 2014—New home currently under ., �. �:�� construction. � ��< z �,��;� �� :a, �. ,:.. e� ='�� E Legal Description of Property: r ' �, m Lot 1 and Lot 1A, Block 1, Gateway West � � " ��°A�� ` ��, Second Addition. ��,. � � s• - >� Public Utilities � � -�� '� �� New home will be connected. � � ��: � � , Transportation: 3� 3`d Street provides access to the property. g�, _ : Physical Characteristics: Aerial of Property Flat, typical suburban lot. Staff Report Prepared by: Stacy Stromberg 31 Land Use Application Variance #14-01 REQUEST The petitioner, Dave Byrne of Novak-Fleck, Inc., who is the builder and current property owner for the lot at 58013`d Street, is requesting a variance to reduce the side yard setback of an attached garage from 5 ft. to 3 ft. sne ��r� � ,�.,�,� SUMMARY OF PRACTICAL DIFFICUUTIES "�'' s"" " ��r 4 The City's as-built drawings showed the wrong location `�m '°'° �'°��'"' � : � y��= a� � �c� � of the exisring sewer pipe that runs through the lot, �;:' _�� _.;. � � � ��,�•» which caused the new home location to be modified to �� _•��'� m ��`�� 2 �� 5•=1 m ,.w,,.C1 S� allow adequare separation from the sewer pipe. '`�°�' '�'" � ��";.. .. '^"�` fp015�5Y '?�"�.. S110 ��" . ANALYSIS �'` �� s.� � °°°,°°� � x < The property is zoned S-1, Hyde Park Neighborhood as '� ,n� A � S.br3.3= SBTh'AVENE �� — � �� are the properties to the north, west and south. °°'� �� < �,�'�� University Avenue borders the property on the east side. �� 5165 m ` �" � N»��2z �,s�z>o�� _ � �� 'sns ^�snoisn: In 1976, the City Council created the S-1, Hyde Park � rsns s�.s . �z Overlay district which applied only to the properties ,>,o = m 3�° ,,, � „� located between Main Street and University Avenue and Fo` s�}5 571!?AVE NE 3 57`h Place and 615L Avenue. This area of the city was a �� -c S�n ='n , .,, -°-#, SH f} mixture of uses• made u of sin le famil residential '�n }�_ _.= ml � I �'� � p g Y , �,��w. �..� 1 . . ,�� duplexes, multi-family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. This property was part of a replat that the City reviewed and approved in 2005 to create 16 new single family lots for the Gateway West redevelopment project. The subject property was formerly used as a used car dealership, known as Frank's Used Cars. In 1996, the City's Housing and Redevelopment Authority(HRA) purchased the property and in 2005, the building that existed on the site was demolished. The S-1, Hyde Park Neighborhood code requires a 5 ft. setback for an attached garage to a single family home if the height of the garage is no more than 14 ft. When this lot was replatted in 2005, utility easements were dedicated on the lot to protect existing utilities on the site. The building permit was issued this year to allow construction of the proposed house, see plan attached in your packet. The petitioner's sui-veyor failed to show the utilities on the survey submitted with the building permit application, and the permit was issued. Once City staff determined that there is a sewer pipe that runs along the southern line of the property, the City required the petitioner to move the house to the north to avoid constructing the house over the pipe. The day construction was to start on the new home,the City's sewer department was out verifying the location of the pipe and realized that the City's as-built drawings of the sewer pipe location were inaccurate and if the home wasn't moved even further north on the lot, the house was going to be built over the sewer line. This was not an option for the builder or the City. As a result, the petitioner is seeking the proposed variance request. Permission was granted by City staff to start the home in light of the fact that the temperatures were nearing 50 degrees below zero,the sewer and water lines had been exposed, and the excavation would need to be closed as soon as possible.A new ductile iron pipe was installed by the City to replace the 32 existing clay tile sewer pipe.This replacement was done in part because it was an excellent opportunity while the sewer was exposed to get the new pipe in, and, by replacing it, it limits the probability of having to excavate and replace the pipe, once the home has been constructed. City code allows attached garages to be 3 ft.from the property line when a single stall garage is converted to a double stall garage, so this setback exists on other properties within the City. PRACTICIAL DIFFICULTIES Variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: Is the variance in harmony with the purpose and intent of the ordinance? • The intent of the side yard setback is to ensure that there is adequate separation between neighboring houses and sufficient room for green space. The placement of the new house will still allow a 3 ft. side yard setback on the north side of the house. The detached garage on the lot north of the subject prop�rty is approx. 15 ft.from the property line and the house is approx. 40 ft.from the property line. Adequate separation will exist between the new home and the neighbor's buildings. Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as redevelopment,which is what is occurring on this property; as a result it is consistent with the Plan. Does the proposal put the property to use in a reasonable manner? • The use of the property for a new single family home is a reasonable use of the property. Adequate separation will exist between the new home and the neighbor's buildings. Are there unique circumstances to the property, not created by the landowner? • Unique circumstances do exist on this property. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the subject property. A building permit for the proposed house had already been granted. Additional fiscal contribution would not have resolved the situation and movement of the pipe was not an option due to the location of existing water lines and requirements for adequate separation of water and sewer lines. Will the variance, if granted, alter the essential character of the locality? • The essential character(single family homes)of the area will not be altered. RECOMMENDATION City Staff recommends approval of this variance request. • Practical difficulties exist—City's as-built drawings showed wrong location of sewer pipe and adequate separation is required between water and sewer lines. 33 CITY OF FRIDLEY APPEALS COMMISSION MEETING March 5,2014 CALL TO ORDER: Chairperson Sielaff called the Appeals Commission meeting to order at 7:03 p.m. ROLL CALL: MEMBERS PRESENT: Michelle Drury Blaine Jones Brad Sielaff MEMBERS ABSENT: David Ostwald OTHERS PRESENT: Stacy Stromberg, Planner Rick Novak,Novak-Fleck, Inc APPROVAL OF MINUTES: October 2, 2013 MOTION by Commissioner Jones, seconded by Commissioner Drury,to approve the minutes. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. 1. PUBLIC HEARING: Consideration of a Variance, VAR #14-01, by Novak-Fleck, Inc., to reduce the side yard setback for an attached garage from 5 feet to 3 feet, to allow the construction of a new single-family home,generally located at 5801 3'd Street. MOTION by Commissioner Jones to open the public hearing. Seconded by Commissioner Drury. UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:04 P.M. Stacy Stromberg, City Planner, stated the petitioner, Dave Byrne of Novak-Fleck, Inc., who is the builder and current property owner for the lot at 5801 3`d Street, is requesting a variance to reduce the side yard setback of an attached garage from 5 feet to 3 feet. Ms. Stromberg stated the City's as-built drawings showed the wrong location of the existing sewer pipe that runs through the lot, which caused the new home location to be modified to allow adequate separation from the sewer pipe. Ms. Stromberg stated the property is zoned S-1, Hyde Park Neighborhood as are the properties to the north, west and south. University Avenue borders the property on the east side. In 1976 the City Council created the S-1, Hyde Park Overlay district which applied only to the properties located between Main 1 34 Appeals Commission Meeting March 5, 2014 Page 2 of 4 Street and University Avenue and 57"' Place and 61S' Avenue. This area of the City was a mixture of uses; made up of single-family residential, duplexes, multi-family and commercial properties. The purpose of the overlay district was to recognize the mix of uses that existed at that time and to no longer permit commercial properties within the Hyde Park district. Ms. Stromberg stated this property was part of a replat that the City reviewed and approved in 2005 to create 16 new single family lots for the Gateway West redevelopment project. The subject properiy was formerly used as a used car dealership, known as Frank's Used Cars. In 1996 the City's Housing and Redevelopment Authority (HRA) purchased the property and. in 2005, the building that existed on the site was demolished. Ms. Stromberg stated the S-1, Hyde Park Neighborhood code requires a 5-foot setback for an attached garage to a single-family home if the height of the garage is no more than 14 feet. When this lot was replatted in 2005, utility easements were dedicated on the lot to protect existing utilities on the site. The building permit was issued this year to allow construction of the proposed house. The petitioner's surveyor failed to show the utilities on the survey submitted with the building permit application, and the permit was issued. Once City staff determined there was a sewer pipe that runs along the southern line of the property, the City required the petitioner to move the house to the north to avoid constructing the house over the pipe. Ms. Stromberg stated the day construction was to start on the new home, the City's sewer department was out verifying the location of the pipe and realized that the City's as-built drawings of the sewer pipe location were inaccurate and if the home was not moved even further north on the lot, the house was going to be built over the sewer line. This was not an option for the builder or the City. As a result, the petitioner is seeking the proposed variance request. Ms. Stromberg stated permission was granted by City staff to start the home in light of the fact that the temperatures were nearing 50 degrees below zero, the sewer and water lines had been exposed, and the excavation would need to be closed as soon as possible. A new ductile iron pipe was installed by the City to replace the existing clay tile sewer pipe. This replacement was done in part because it was an excellent opportunity while the sewer was exposed to get the new pipe in and, by replacing it, it limits the probability of having to excavate and replace the pipe,once the home has been constructed. Ms. Stromberg stated City code allows attached garages to be 3 feet from the property line when a single-stall garage is converted to a double-stall garage, so this setback exists on other properties within the City. Ms. Stromberg stated variances may be granted if practical difficulties exist on the property. Practical difficulties are met based on the following findings of fact: Is the variance in harmony with the purpose and intent of the ordinance? • The intent of the side yard setback is to ensure that there is adequate separation between neighboring houses and sufficient room for green space. The placement of the new house will still allow a 3-foot side yard setback on the north side of the house. The detached garage on the lot north of the subject properly is approximately 15 feet from the property line and the � house is approximately 40 feet from the property line. Adequate separation will exist between the new home and the neighbor's buildings. 2 35 Appeals Commission Meeting Mazch 5, 2014 Page 3 of 4 Is the variance consistent with the Comprehensive Plan? • The Comprehensive Plan guides this property as redevelopment, which is what is occurring on this property; as a result it is consistent with the Plan. Does the proposal put the property to use in a reasonable manner? • The use of the property for a new single family home is a reasonable use of the property. Adequate separation will exist between the new home and the neighbor's buildings. Are there uniyue circumstances to the property, not created by the landowner? • Unique circumstances do exist on this property. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the subject properly. A building permit for the proposed house had already been granted. Additional fiscal contribution would not have resolved the situation and movement of the pipe was not an option due to the location of existing water lines and requirements for adequate separation of water and sewer lines. Will the variance, if granted, alter the essential character of the locality? • The essential character(single-family homes)of the area will not be altered. Ms. Stromberg stated City Staff recommends approval of this variance request as practical difficulties exist. MOTION by Commissioner Drury to close the public hearing. Seconded by Commissioner Jones. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:12 P.M. C6airperson Sielaff asked the petitioner whether he wanted to make any comments? Rick Novak,Novak-Fleck Inc., replied, no, Ms. Stromberg has done a good job. Commissioner Drury stated she did not see any problems with this. Chairperson Jones stated he saw no problems with it either. MOTION by Commissioner Jones approving Variance, VAR #14-01, by Novak-Fleck, Inc., to reduce the side yard setback for an attached garage from 5 feet to 3 feet, to allow the construction of a new single-family home, generally located at 5801 3`d Street. Seconded by Commissioner Drury. UPON A UNANIMOUS VOICE VOTE, CHAIItPERSON SIELAFF DECLARED THE MOTION CARRIED. 2. UPDATE ON PLANNING COMMISSION & CITY COUNCIL ACTIONS. Ms. Stromberg stated as to a couple of things the Planning Commission has been reviewing, Tri-dent Development is proposing three multi-family buildings on the corner of 61S` and University. It is the land Fridley refers to as Gateway Northeast that is owned by the HRA. They have had a lot of ineetings on 3 36 Appeals Commission Meeting March 5, 2014 Page 4 of 4 this development, and are hoping they will break ground with the first building this summer. That first phase will be right on the corner of 61St and University. Chairperson Sielaff asked Ms. Stromberg how long did she think it will take to get the first phase done? Ms. Stromberg replied, about 12 months. And then hopefully 12 months after that to get it fully leased. Ms. Stromberg stated next month they will be reviewing the first plat for the Paul Hyde Development on the BAE site. That is now being called Northern Stacks. It sounds like Mr. Hyde would like to start construction on his first building this spring-summer. At least starting the cleanup with the building being constructed right after that. 3. OTHER BUSINESS: Rosenberg Rules of Order MOTION by Commissioner Jones approving the new rules and guidelines of the Rosenberg Rules of Order. Seconded by Commissioner Drury. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. ADJOURNMENT: MOTION by Commissioner Jones, seconded by Commissioner Drury,to adjourn the meeting. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MEETING ADJOURNED AT 7:16 P.M. Respectfully submitted by, Denise M.Johnson Recording Secretary 4 37 RESOLUTION NO. 2014 - A RESOLUTION APPROVING VARIANCE VAR# 14-01 TO ALLOW A 3 FOOT SIDE YARD SETBACK WHERE 5 FEET IS REQUIRED ON THE NORTH SIDE OF THE LOT; FOR THE PROPERTY GENERALLY LOCATED AT 58013� STREET NE, PETITIONED BY NOVAK-FLECK INCORPORATED WHEREAS, on January 31, 2014, an application for a Variance was submitted for the property located at 5801 3`d Street NE and legally described as: Lots 1 and lA, Block 1, Gateway West Second Addition. WHEREAS, Section 205.23.S.D.(2)(b) of the Fridley City Code requires a side yard setback of five (5)feet for an attached garage, in the S-1, Hyde Pazk Neighborhood ; and WHEREAS, Section 205.05.06 of the Fridley City Code allows a variance to be ganted where practical difficulties or unique circumstances exist that cause undue hardship in the strict application of the City Code; and WHEREAS, varianee application, VAR #14-01 submitted by Novak-Fleck Incorporated, for the property at 5801 3`d Street NE, requests to reduce the side yard setback from 5 ft. to 3 ft., as depicted in Exhibit A,to allow the construction of a new house; and . WHEREAS, on March 5, 2014, the Fridley Appeals Commission held a public hearing to consider variance request,VAR#14-0 l; and WHEREAS, a practical difficulty or uniqueness was found to exist based on the following findings: a. The request is in hannony with the general purpose and intent of the City Ordinance and is consistent with the Comprehensive Plan to allow the redevelopment of the property for a single family house. b. The request is not out of character for the neighborhood and the reduced side yard setback does not appear to have any adverse impacts on neighboring properties as there is sufficient open space between the new house and the neighboring structures. c. Unique circumstances exist on the property, related to: 1. The City's utility as-built drawings showed an inaccurate location of the sewer pipe on the south side of the subject property. 2. The location of said sewer pipe, limits the placement of the new house on the subject property. 3. The relocation of sewer pipe is not feasible due to location of water line and State Code separation requirements for water and sewer lines. WHEREAS, at the March 5, 2014, meeting, the Appeals Commission unanimously approved Variance,VAR#14-01 based on the above findings; and 38 WHEREAS, on March 24, 214,the Fridley City Council approved Variance VAR,#14-01; and NOW,THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Variance, VAR# 14-01 is hereby adopted and approved based on the above findings by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24� DAY OF MARCH, 2014. SCOTT LUND -MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 39 HY-LAND SURVEYING, P.A.o LAND SURVEYORS 847.83 Top of Block 11947 Idaho Ave. N. INVOICE N0. 33262 Chomplin, Minnesota 55316 F.B. N0. XXX 847.46 �arage Floor PHONE (763) 323-7300 SCALE 1"= 20� FAx (763) 323-7035 O Denoles Iron Monument Found 839.83 Lowest Floor hylandsurvey�qwestof(ice.net x000.0 Denotes Existing Elevation Type of Building — �urVP1JIIr8 �Pl"�tf1PMtP Address: 5801 3rd ST. NE FVLL BASEMENT NOTE: PROPERTY CORNERS N SET BY DEVELOPERS SURVEYOR "AS BUILT" W •�8 E NOVAK FLECK S TC I . .. I W 844.91 134.94 S89'13 00 E W z ° � `� 22.33 — � 10 � o -�-� a� 0 10 w °° -� n � � 3 ��1 � � 2.0 �1 .6 o i i—� F= F— O �1 w � 26.17 � � Z � w � °a.s� ° � � o �, Z 2 0 ,,, o �i � � C� � � Q � O [� � Z ~ aw � � � � O � `r° � p ° Q E"� Z M X Z M o O f---� w O I � W � � Easement to be Vocoted. O . 3 w � Sanitory Sewer � /'1 —S-�—S —S—S—S—S—S—S—S�S Ss�S—S fN-1 � W � � 7 �,.� a�a.9� 134.94 1�8 19 3'0 "W Water Main W ;� Iolong ihe Soulh Iine I Lots 1 and 1A, Block 1, GATEWAY WEST ZND ADDITION This wrwy�a tarUFlaO only to (he obove named panon w panona and not to auDaequenl ownere, mwtyoy�t w lltls Insurera. The mlY eoasmsnta�hown aro from plot�o/ncord o1' formotlon provitletl by clie�t. /� `%��f�/ /� n All Wdd�mq d'mmsionc and Ooor rlovotions must be vsrified by climt. /�� " � %% 1 hereby ceriify that this survey wos D�aDored by me or under !`"�•�� my direct supervision, ond thot I om o duly Reqistered Lond �� Surveyor under the laws ot the Stote of Minnesoto. SignBd . Surveyed by us this zaTH doY o� FEBRUARY 20 14 Milton E. Hylond, Minn. Reg. No. 20262 Revised March 27, 2014 40 � AGENDA ITEM cmroF CITY COUNCIL MEETING OF MARCH 24, 2014 �� TO: Walter T. Wysopal, City Manager�j� PW14-027 FROM: James P. Kosluchar, Public Works Director DATE: March 18, 2014 SUBJECT: Resolution Approving a First Addendum to the Joint Powers Agreement for Wellhead Protection in Anoka County The City of Fridley and surrounding Cities were required by the Minnesota Department of Health and Minnesota Rules to prepare a wellhead protection plan for their community water supplies.Ten Cities entered into a Wellhead Protection Joint Powers Agreement (JPA) group in 1997 for purposes of developing the required plans. The City of Fridley submitted its final plan in 2008, and the plan was approved by the Minnesota Department of Health in 2009. Several of the plan activities are common to those included in plans developed by neighboring cities in Anoka County, particularly relating to outreach, education, and potential assistance with proper abandonment of existing wells. In 2010, Anoka County approached Anoka County cities with approved plans, and advanced the concept of formulating a group that could economize their efforts in providing wellhead protection activities together. In addition,funding for activities from outside sources would be more likely when application is made from a group effort. In 2011, the Fridley City Council approved a resolution to enter into a new JPA with six other cities and Anoka County. The Cities of Anoka, Blaine, Centerville, Circle Pines, Fridley, Lexington, and Spring Lake Park entered into this JPA which focuses on implementation of the respective cities' wellhead protection plans. This JPA permits the Cities to meet and discuss measures to jointly implement their wellhead protection plans. However, entering the JPA does not obligate a group member to anything more that to discuss and consider the benefits of jointly implementing their plan. Onty after completing a work plan will the members be required to decide whether to join the group in implementing a wellhead protection 41 activity and share the cost. Cities can decide whether to participate in each specific activity. The JPA also includes a thirty(30)day time period to consider participation in the JPA work plan and thereby consult with their respective City Councils. Recently,the cities of Andover, Columbus, East Bethel,and St. Francis have requested membership in the JPA. The member cities see value in adding members,as activities that are cost-shared are done so over a broader base. In addition, member cities bring expertise and share experiences on effective wellhead protection activities. The JPA will need amending to allow membership to these cities. In addition, the amendment allows admission of other cities that may join in the future without formal amendment of the agreement. New member cities are required to pay their share of any activities taken prior to their membership that they benefit from. Staff recommends approval of the attached resolution authorizing execution of the Joint Powers Agreement for Wellhead Protection Implementation. Staff is recommending that the City Council move fo approve fhe attached reso/ufion authorizing execution of the First Addendum to the Wellhead Protection Implementation Joint Powers Agreement. JPK/jpk Attachments 42 RESOLUTION NO. 2014- RESOLUTION APPROVING FIRST ADDENDUM TO A JOINT POWERS AGREEMENT FOR WELLHEAD PROTECTION IN ANOKA COUNTY WHEREAS The City of Fridley and surrounding Cities were required by the Minnesota Department of Health and Minnesota Rule§4720.5130 to prepare a wellhead protection plan for their community water supplies.These Cities entered into a Wellhead Protection Joint Powers Agreement with Anoka County in 1997 for purposes of developing the required plans,and WHEREAS The City of Fridley is required by the Minnesota Department of Health to implement their wellhead protection plans for their community public water supplies and desire to coordinate their efforts to protect their well water supply for their communities,and WHEREAS The City of Fridley and several adjoining Cities in Anoka County have determined that it is in their best interests to implement the common elements of their wellhead protection plans jointly,and WHEREAS,on January 24,2011,the Fridley City Council approved Resolurion 2011-07,entering into a Wellhead Protection Implementarion Joint Powers Agreement,and WHEREAS These Cities have begun to coordinate the implementation of the common elements of their wellhead protection plans through e�cient and cost effective cooperation among members,and WHEREAS Anoka County has shown its commitment to enhancing water resources protecrion and public health and finds it in the County's interest to facilitate the joint efforts of the Cities, WHEREAS,the cities of Andover,Columbus,East Bethel,and St.Francis(the"Joining Cities"),wish to be part of the Wellhead Protection Implementation Joint Powers Agreement,and WHEREAS,the Joining Cities are financially responsible to share in costs of any activities begun by the original member cities to the Wellhead Protection Implementation Joint Powers Agreement, NOW THEREFORE BE IT RESOLVED that the City of Fridley,Anoka County,Minnesota,authorizes execution of the attached First Amendment to the Joint Powers Agreement for Wellhead Protection Implementation as presented. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24�'DAY of MARCH,2014. ATTESTED SCOTT J.LUND-MAYOR DEBRA A. SKOGEN-CITY CLERK 43 Wellhead Protection Implementation Joint Powers Agreement First Addendum THIS AGREEMENT is made and entered into by and between the cities Andover,Columbus,Coon Rapids, East Bethel, Ramsey and St. Francis (hereinafter referred to as Joining Cities),the County of Anoka (hereinafter referred to as"County"),and the cities Anoka, Blaine,Centerville,Circle Pines, Fridley, Lexington, Lino Lakes, and Spring Lake Park(Member Cities)each acting by and through its governing body, pursuant to MN Stat.§471.59 providing for the joint exercise of powers. RECITALS 1. WHEREAS,the Member Cities entered into a Wellhead Protection Joint Powers Agreement in 1997 for the purpose of jointly preparing wellhead protection plans for their community water supplies. 2. WHEREAS,on or about September 15,2010 the Member Cities entered into a Wellhead Protection Implementation Joint Powers Agreement to comply with the requirements of the Minnesota Department of Health to implement their wellhead protection plans for their community public water supplies and to protect their well water supply for their communities. 3. WHEREAS,the Joining Cities wish to be part of the Joint Powers Agreement. 4. WHEREAS, paragraph 14.2 of the Joint Powers Agreement requires that any amendments to this Agreement be made in writing. 5. WHEREAS, paragraph 2.2 of the loint Powers Agreement provides that additional cities may join this Agreement following the effective date. If a city joins after the effective date that city is responsible for its proportionate share of any expenses incurred in implementing this Agreement for which the city will receive a benefit. NOW THEREFORE,the terms of the loint Powers Agreement shall be amended as follows: 1. Paragraph 2.2 shall be amended as follows: 2.2 Additional cities located in Anoka County may join this Agreement following the effective date of the First Addendum. A City shall become a party to this Joint Powers Agreement upon receipt of a Resolution by the Governing Board of the City that authorizes that City to become a party to this Agreement. No formal Addendum to the Agreement is necessary. 2.3. If a city joins after the effective date that city is responsible for its proportionate share of any expenses previously incurred in implementing this Agreement for which the city will receive a benefit. The share shall be established by the existing members and shall be paid in accordance with §6.1 and 6.3. 2. Paragraph 13.1.shall be amended as follows: Page 1 44 13.1 For purpose of notices to be given under this agreement, notices shall be directed as set forth: Andover City Council Columbus City Council Lino Lakes City Council 1685 Crosstown Blvd. NW 16319 Kettle River Blvd. NE 600 Town Center Parkway Andover, MN 55304 Columbus, MN 55025 Lino Lakes, MN 55014 Anoka City Council Coon Rapids City Council Ramsey City.Council 2015 First Avenue N. 11155 Robinson Drive 7550 Sunwood Drive NW Anoka, MN 55303 Coon Rapids, MN 55433-3761 Ramsey, MN 55303 Blaine City Council East Bethel City Council Spring Lake Park City Council 10801 Town Square Drive 2241—2215Y Ave NE 1301—81ST Avenue NE Blaine, MN 55449 East Bethel, MN 55011 Spring Lake Park, MN 55432 Centerville City Council Fridley City Council St. Francis City Council 1880 Main Street 6431 University Avenue NE 23340 Cree St. NW Centerville, MN 55038-9794 Fridley, MN 55432 St. Francis, MN 55070 Circle Pine City Council Lexington City Council Anoka County Board 200 Civic Heights Circle 9180 Lexington Avenue Government Center Circle Pines, MN 55014 Lexington, MN 55014 2100 Third Avenue Anoka, MN 55303 3. All other previously agreed upon terms remain in full force and effect. Page 2 45 IN WITNESS WHEREOF,the parties hereto have executed this agreement as of this day stated below: County of Anoka City of By: gy; Board of Commissioners Chair Mayor Rhonda Sivarajah, Attest: gy: City Manager By: lerry Soma Dated: County Administrator Dated: Approved as to form: By: Assistant County Attorney Page 3 46 Original Wellhead Protection Implementation Joint Powers Agreement (provided for reference only) 47 Wellhead Protection Implementation Joint Powers Agreement THIS AGREEMENT is made and entered into by and between the cities of Anoka; Blaine;Centerville; Circle Pines;Coon Rapids; Fridley; Lexington; Lino Lakes;Ramsey;and Spring Lake Park(hereinafter referred to as"Cities")and the County of Anoka (hereinafter referred to as"County"),each acting by and through its governing body, pursuant to MN Stat.§471.59 providing for the joint exercise of powers. RECfTALS 1. The Cities were required by the Minnesota Department of Health and Minnesota Rule§4720.5130 to prepare wellhead protection plans for their community water supplies. The Cities entered into a Wellhead Protection Joint Powers Agreement in 1997 for purposes of developing the required plans. 2. The Cities are required by the Minnesota Department of Health to implement their wellhead protection plans for their community public water supplies and desire to coordinate their efforts to protect their well water supply for their communities. 3. The Cities have determined that it is in their best interests to implement the common elements of their wellhead protection plans jointly. 4. The Cities desire to coordinate the implementation of the common elements of their wellhead protection plans through efficient and cost effective cooperation among members. 5. The County is committed to enhancing water resources protection and public health and finds it in the County's interest to facilitate the joint efforts of the Cities. NOW THEREFORE,in consideration of the mutual agreements contained herein,and in exercise of the powers granted by MN Stat. §471.59,the parties to this Agreement agree as follows: 1. PURPOSE 1.1. The Cities and County agree that they have joined together to: 1.1.1, implement common elements of their wellhead protection plans; 1.1.2. establish a joint user group to address activities related to this agreement; 1.1.3. authorize the County to act as facilitator and as agent contracting for any consultant services or applying for any grants; 1.1.4. allocate costs;and 1.1.5. receive and disburse grants. 2. TERM 2.1. This agreement shall be effective December 1, 2010 and shall continue until terminated as provided herein. Page 1 48 2.2. Additional cities may join this Agreement following the effective date. If a city joins after the effective date that city is responsible for its proportionate share of any expenses incurred in implementing this Agreement for which the city will receive a benefit. 3. ANOKA COUNTY MUNICIPAL WELLHEAD GROUP 3.1. The governing body of each of the Cities shall appoint one representative to serve as a member of the Anoka County Municipal Wellhead Protection Group(hereinafter"Group"). 3.2. One alternate member shall be appointed to the Group by the governing body of the Cities. The alternate may attend any meeting of the Group and,when the regular member is absent,vote on behalf of the City the member represents. 3.3. All members of the Group shall serve at the will and pleasure of the appointing authority. The appointing authority shall notify the Anoka County Administrator of the member or alternate member appointed to the Group and shall notify the Anoka County Administrator of any changes to their appointment. 3.4. Group members shall not be entitled to compensation or reimbursement for expenses incurred in attending meetings,except to the extent that the appointing authority might determine to compensate or reimburse the expenses of the member it appoints, in which case the obligation to make such payments shall be that of the appointing authority. 3.5. The County's Environmental Services Manager shall be an ex-officio non-voting member of the Group and shall serve as the facilitator to the Group. 3.6. The First meeting of the Group shall be at 9:00 a.m. on December 1, 2010 in Room 710 at the Anoka County Government Center,2100 Third Avenue,Anoka,Minnesota. At the first meeting, the Group will agree to procedures for its operation. 3.7. A majority of all Group voting members shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. 3.8. Recommendations of the Group related to contracting for service will require agreement of each party prior to the party incurring any financial obligation. 4. GROUP RESPONSIBILITIES 4.1. The Group shall be responsible to: 4.1.1. develop a work plan to perform joint wellhead protection activities; 4.1.2. develop programs to achieve common wellhead education and protection objectives; and 4.1.3. recommend to the governing bodies of the Cities and County whether to have the County contract with a consultant under the terms of this agreement; 4.1.4. apply for funds from any source it may identify. 5. JOINT POWERS ACTIVITIES Page 2 49 5.1. Activities authorized by this agreement are to: 5.1.1. Investigate methods and costs to jointly implement wellhead protection activities. 5.1.2. Determine process in which joint wellhead protection activities will be implemented. 5.1.3. Request consultant(s)qualifications and proposals to implement part or the entire Group's work plan. 5.1.4. Seek grants and other methods to fund implementation of the Group's wellhead protection activities. 5.1.5. Establish the apportioned costs for e#.each City to jointly implement the common elements indicated in their wellhead protection plans. 5.2. The work plan will be finalized by the Group which may require the approval of each governing body and implementation in project parts to control costs and carry out orderly wellhead protection activities. 5.3. Prior to implementation of a wellhead protection project,the Group Facilitator will send notice to the Cities of the cost identified for the project. Within thirty(30)days of receipt of the notice,each city must either send a letter to the Group Facilitator indicating the city's interest in participation in the project or notify the other parties of its intention to re#rain from participation in the project. 5.4. If one or more city chooses to refrain from participation following receipt of notice provided in 5.3,the Group Facilitator will recalculate the costs identified with participation in the project and send notice of the recalculated cost to the remaining cities. If identified costs increase by more than 10%,each of the remaining cities will have thirty(30)days to reconsider participation in the project. If a city chooses to withdraw,the city must send the Group Facilitator a letter, within the ten day period, indicating the city will refrain from participation in the project. If an additional city or cities choose to withdraw,the Group will reevaluate the work plan and associated costs before sending a new notice under 5.3. 6. FUNDING 6.1. Costs of for the Group's wellhead protection projects shall be allocated to each member city based on the proportion that each city's factors represent the total factor of all participating cities. The factors to be used shall be equally weighted and apportioned relevant to its presence and impact on each member party's wellhead plan goals. 6.2. The costs to be allocated to the cities shall be reduced by the amount of any grants received before allocation of the costs. 6.3. Each city will make payment of its pro-rata share for authorized activity expense to the County. 6.4. Funds paid by the Cities or received from any other source shall be managed by the County. 6.5. Payments from the Cities must be received by the County before the County will incur any fiscal obligation. Page 3 50 6.6. All funds disbursed by the County pursuant to this agreement shall be disbursed in a manner that is consistent with the method provided by law. 6.7. A strict accounting shall be made of all funds and a report of all receipts and disbursements shall be made by the County upon request. 7. COUNTY SERVICES 7.1. The County shall provide services to facilitate and assist the Group in the conduct of its affairs. The Environmental Services unit of the Anoka County Community Health and Environmental Services Department shall provide these services. 7.2. The County shall serve as fiscal agent for the Group for the purpose of receiving and dispersing funds as authorized by the Group and entering into contracts or grant applications on behalf of the Group. 7.3. The County shall maintain records and documents relating to matters that are the subject of this agreement. All such records shall be retained for a period of at least three years after termination of this agreement and, upon request of any party,shall be retained for any additional period requested. The records shall be available to inspection, review and audit by the parties and the State Auditor as provided by law during regular business hours. 8. CONTRACTS 8.1. Contracts and grant applications made pursuant to this Agreement shall be made by the County and shall conform to the requirements applicable to the County. 9. NONDISCRIMINATION AND COMPLIANCE WITH LAWS 9.1. In accordance with the County's Affirmative Action Plan and the County Commissioners' policy against discrimination, no person shall illegally,on the grounds of race,color, religion,sex, marital status,sexual orientation, public assistance status, handicap, age,or national origin, be excluded from full employment rights in,participation in, be denied benefits of,or be otherwise subjected to discrimination under and program,service or activity hereunder in accordance with the provisions of any and all applicable federal and state laws against discrimination. 9.2. During the perFormance of this agreement,the Group and its agents shall comply with all applicable laws,ordinances,and regulations, including federal,state and local nondiscrimination regulations. 10. WITHDRAWAL 10.1. Any party shall have the right to withdraw from this agreement in the following manner:The governing body of the withdrawing party shall pass a resolution declaring its intention to withdraw effective on a specified date,which date shall not be less than thirty(30)days from the date of the resolution,and shall send a copy of the resolution to each party's governing body not less than thirty(30)days before the effective date of withdrawal. Page 4 51 10.2. Withdrawal by a party shall not result in the discharge of any legal or financial liability incurred by that party before the effective date of withdrawal. 11. TERMINATION 11.1. This Agreement shall be terminated upon completion of the Groups'approved work plan activities adopted by member cities. Anoka County,as Group facilitator,shall send a notice of termination to each party upon completion of the Group's activities. 11.2. This Agreement may be terminated upon mutual agreement of the parties by a joint resolution passed by the parties'governing bodies. 11.3. This Agreement shall terminate if, due to the withdrawal of parties,there is less than four remaining parties. 12. DISTRIBUTION OF PROPERTY 12.1. Upon termination of this Agreement,any remaining funds or property acquired under the terms of this Agreement shall be distributed to the cities in proportion to the respedive contribution of the cities. 12.2. Upon termination of this Agreement,any payments due and owning or other unfulfilled financial obligations of a member party shall continue to be a lawful obligation of the party. 13. NOTICE 13.1. For purpose of notices to be given under this agreement, notices shall be directed as set forth: Anoka City Council Coon Rapids City Council Ramsey City Council 2015 First Avenue N. 11155 Robinson Drive 7550 Sunwood Drive NW Anoka,MN 55303 Coon Rapids, MN 55433-3761 Ramsey,MN 55303 Blaine City Council Fridley City Council Spring Lake Park City Council 10801 Town Square Drive 6431 University Avenue NE 1301—81�Avenue NE Blaine, MN 55449 Fridley,MN 55432 Spring Lake Park,MN 55432 Centerville City Council Lexington City Council Anoka County Board 1880 Main Street 9180 Lexington Avenue Government Center Centerville, MN 55038-9794 Lexington,MN 55014 2100 Third Avenue Anoka, MN 55303 Circle Pine City Council Lino Lakes City Council 200 Civic Heights Circle 600 Town Center Parkway Circle Pines, MN 55014 Lino Lakes, MN 55014 14. ENTIRE AGREEMENT 14.1. This joint powers agreement constitutes the entire agreement of the parties on the matter related hereta Page 5 52 14.2. This agreement shall not be altered or amended,except by agreement in writing signed by the parties hereto. 14.3. The Group may recommend amendments to this agreement to the governing bodies of the parties for their consideration. 15. SIGNATURES 15.1. All parties to this Agreement need not sign the same copy of the Agreement. 15.2. An original Agreement signed by each party to this Agreement shall be maintained in the Office of the Anoka County Attorney. Page 6 53 i AGENDA ITEM arroF CITY COUNCIL MEETING OF MARCH 24, 2014 ��a�r TO: Walter T. Wysopal, City Manag� PW14-026 FROM: James P. Kosluchar, Public Works Director DATE: March 18, 2014 SUBJECT: Agreement with RCWD for Locke County Park Raingarden Attached is a proposed intergovernmental agreement between the City of Fridley and the Rice Creek Watershed District (RCWD). The intent of the agreement is to provide for the construction and maintenance of a raingarden in the Rice Creek Terrace East neighborhood. This raingarden is intended on protecting the water quality of both lower Rice Creek and Locke Lake, and therefore is mutually beneficial to both agencies. As part of this agreement, RCWD will construct the raingarden, located north of the 6900 block of Brookview Drive. The property is part of unimproved right-of-way of Brookview Drive. RCWD staff selected the name of the project, which is somewhat confusing, but they wanted to emphasize the projecYs positive impact on Locke Lake. The project is cited in the RCWD Urban Lakes Study(2009) identified as Locke 23. The project is mainly funded through an agreement between RCWD and the Minnesota DNR. The City of Fridley will provic�e the curb cut for the raingarden,as is standard for these projects, with a cost of approximately$300. Under the agreement, the City would be responsible for ongoing maintenance of this raingarden, either with its own forces, or through neighborhood volunteers. The City currently maintains several larger storm water quality basins,and the additional annual maintenance will be very limited in scope. The project construction will replace a paved drainage swale that is in need of repair. Staff is recommending that the City Council move to approve the aftached lntergrovernmental Agreement Between the Rice Creek Watershed District and the City of Fridley for the Locke County Park Raingarden. JPK/jpk Attachment 54 � INTERGOVERNMENTAL AGREEMENT BETWEEN THE RICE CREEK WATERSHED DISTRICT AND THE CITY OF FRIDLEY THIS AGREEMENT is made and entered into by and between the Rice Creek Watershed District (the "Watershed") and the City of Fridley (the "City") each acting by and through its duly authorized officers. THE ABOVE-NAMED PARTIES hereby agree as follows: I. GENERAL SCOPE OF AGREEMENT 1 .01 The Watershed and the City agree to work cooperatively toward the design and construction of the "Locke County Park Raingarden" (the "Project") for which the Watershed was awarded a DNR grant to construct. 1 .02 The Watershed is responsible to design and construct the Project and to manage the DNR grant agreement. Upon the Watershed's completion of the design and construction of the Project, the City is responsible to maintain the Project as further described herein. 1 .03 The construction limits and the permanent Project improvements are located entirely on property owned by the City. On the Watershed's project acceptance, the City will assume ownership of the improvements. 1 .04 The construction will be substantially as shown in Exhibit A, which is attached hereto and incorporated herein. I1. SPECIFIC RESPONSIBILITIES 2.01 The Watershed and the City agree that it is mutually beneficial to jointly design and construct the Project to protect the water quality of Rice Creek and Locke Lake. a. General Purposes of Project: The Project will reduce the amount of nutrient and other pollutant loads from existing stormwater runoff that is harmful to the water quality of Rice Creek and Locke Lake. b. Specific Tasks Involved: The Project is as defined in the following documents, which are attached as Exhibits B, C, and D and incorporated herein. 1 55 i. Rice Creek Watershed District, Locke Lake Management Action Plan, "Locke 23" (April 2009) ii. Approved DNR grant agreement 3000045365 (August 29, 2013) iii. 2014 Locke County Park Raingarden Project RFQ (February 27, 2014) 2.02 City Responsibilities. The City agrees to: a. Participate in all meetings associated with the Project. b. Make City staff available to serve as advisors to the Project team. c. Allow the District and its contractor full use and occupation of the construction limits delineated in the RFQ for staging, stockpiling and construction of the Project. d. At its own cost, and when the District's contractor has completed work or in coordination with the District's contractor, remove existing and install new concrete curb cut in accordance with the plans included in the RFQ referenced in Section 2.O1 .b and with appropriate erosion and sediment control measures. e. Cooperate with the Watershed in working with the Anoka Conservation District and resident volunteers on the initial planting, care and establishment of Project plantings. f. From and after the Watershed's completion of the design and construction of the Project, own, operate and maintain the Project in accordance with the City's MPCA NPDES Municipal Separate Storm Sewer System (MS4) permit. g. Cooperate with the Watershed on the design, installation and maintenance of any informational signage. f. Permit a right of access to the property for Watershed staff, agents, and contractors in completion of their specific responsibilities under this Agreement. 2.03 Watershed Responsibilities. The Watershed agrees to: a. Participate in all meetings associated with the Project. b. Make Watershed staff available to serve as advisors to the Project team. 2 56 c. Bear all costs necessary to complete the Project in excess of the DNR grant amount. d. Cooperate with the City in working with the Anoka Conservation District and resident volunteers on the initial planting, care and establishment of Project plantings. e. Cooperate with the City on the design, installation and maintenance of any informational signage. f. Secure and maintain such insurance policies, naming City as additional insured, as will protect itself, its subcontractors and the City from claims for bodily injury, death, or property damage s which may arise from operations under this Agreement whether such operations by itself or by a subcontractor or anyone employed by them directly or indirectly. 111. GENERAL CONDITIONS 3.01 Period of Performance. Project construction is intended to be completed by June 30, 2014. 3.02 Amendments. The terms of this Agreement may be changed only by mutual agreement of the parties. Such changes will be effective only on the execution of written amendment(s) signed by duly authorized officers of the parties to this Agreement. 3.03 Watershed Personnel. The Watershed Administrator, or such other person as may be designated in writing by the Watershed, will serve as the Watershed's representative for its performance of this Agreement. 3.04 City Personnel. The City Public Works Director, or such other person as may be designated in writing by the City, will serve as the City's representative for its performance of this Agreement. 3.05 Equal Employment Opportunity; Affirmative Action. The City and the Watershed agree to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the City and the Watershed agree not to discriminate against any employee or applicant 3 57 for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; and further agree to take action to assure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 3.06 Liability. Each party to this agreement is liable for the acts and omissions of itself and its officers, employees, and agents, to the extent authorized by law. Neither party is liable for the acts or omissions of the other parry or the other party's officers, employees or agents. The Watershed shall defend, indemnify and hold the City harmless with respect to any claim, action, cost or liability arising out of the design or construction of the Project. The City will hold the Watershed harmless, and indemnify the Watershed, with respect to any claim, action, cost or liability arising out of the City's curb cut replacement or maintenance of the Project. Nothing in this Agreement shall be deemed to create a right in any third party or be a waiver by either party of any applicable immunity, defense or limit of liability including, without limitation, Minnesota Statutes, chapters 3.736 (State Tort Claims) and 466 (Municipal Tort Claims). 3.07 Copyright. No reports or documents produced in whole or in part under this Agreement will be the subject of an application for copyright by or on behalf of the City or Watershed. 3.08 Termination of Agreement. This agreement will terminate on December 31 , 2014. 3.09 Survivability of Terms. The provisions of Sections 2.02f. and 3.06 shall survive the termination of this Agreement. 4 58 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. RICE CREEK WATERSHED DISTRICT Date: -------------------- BY� ---------------------------- Name: Phil Belfiori Its: Administrator Approved for form and execution RCWD Counsel GTY OF FRIDLEY Date: -------------------- BY� ---------------------------- Name: Scott Lund Its: Mayor Date: -------------------- BY� ---------------------------- Name: Walter Wysopal Its: City Manager 5 59 EXHIBIT A PROJECT LOCATION AND CONSTRUCTION PLANS 6 60 1081 Rice Creek Terrace Northeast,Fridley,MN-Google Maps https://maps.google.com/maps?q=1081+Rice+Creek+Terrace+Northeast... ,��`� {�� , Address 7081 Rice Creek Terrace NE EXHIBIT A-PROJECT LOCATION � �. Fridley, MN 55432 Just east of 1018 Rice Creek Terrace „ t�, ... � '.. �� n �nit� �. � ;�'` � Vles�itai :� � � � �T`\ �9 0 � RiveiF'arK ri f��g.,ryJ`��c �, �raCr yvanqel;cal . '^ i F�ee c;��r��, ,,,, � 3.' ` r+r[i,4t�r-M� ��t1 Av�3UE ' rt; �.t�gan J'�►� ?" - � s� �47j � z . T Way Cmss Ltx�lre Cou�Cy� i7og��Ar'�r 1 Evssngelical � ;`;� ::hurch ;� ' 35 � Ltri.ke f'�rk '� �; ,i : .7`1 � ;:�? 53:i:Avr�R� < � 6 i:'r'E;'aR: L :J �si g LOGkf iA7`1 ,{y li!��L"�F'PFi W!?e'°'m�n Ca�ce f'�rir 2 Yresr�e^qityna�" trarJ Corr,tfn� �isa� '�''`i' taz`i (65i �, F-;dfey 3s � �, ties4uricaR =. c��;I �.��, t�li�si;�ui�ip�St N(- � G{�s�range � •,� 5n�ap�Y C � ��a�k. � ; � x f=3edley Ciry ' Sar��"NrP .�.�, . H�re�Eeo� i�$r,k Ct= G¢imrJ*pflS �:�+'p CrE�t P.r�!+ - f'�rk ,� ; ,� 5t i'hENu s �25Z i ' L�t�e*�n i,h�rch ,� iAIR!tds(rCF'+�dC�' i�5 i ReqioR�lPark — 1y9innes•v��I�a�r.�c , �,�^ier,r�.�;:�7��+ , � Is��mic�;er,�^e� �ssnnri#n.i�i* � C° � - � T, "}�'�I�IRPS�tfl 'y�` ,e � ;� :}-¢ { � 4'�� ''� �°:--. R.'"�.,Y�.. K�7::a - � ,,. � �,:: � s;_.�t -y.. _.�... .. . � ..... J�cEJ�� . . ��' . . 1f.t� �. ... 5�`.l' .. �Dk � �.., ��... � ;�p� „� y - �-.,�`�,e..,. �w ¢ � r 5s r _,.. ' E, �� `r.� !�2014 tk3` , � �trbrlee F'a�rk �3rd Av�NE � _ Msp data 6QU14 Googte 1 of 1 61 2/3/2014 11:10 AM '��',,',. � .i . ��;�K: . . _. . .. • �. ._ ... ._.._.... �� "�. ��'�.�.. '„�� w �t,' . v �'y .-fi; _,�s'=. � r-_ . � � 't�a - .l.._ . ,iN,� +� ��' F` x - � a� •��; • -� � ';`�',a ,z ',t>h �,�� ' �*�:. �. ;� a�u �•_ c.� _ a •�c � _ , s45�(,,�w$}�" .�, v� � ' � ,.,f � . . � ,. � _ ,_ � .,z, °� �`�^ ^�`._:.: � � i i ��'. - �"�'r,�C �� r �� I:... ' �i yY�F�`��., �� x, Y'. .r. . . '� ir� �' � �" - a��tt: -� '< ... t� t +i.1 �', �� j ' # kx� Fsat�� --�� i . ' _s.a.. �- . "� �: . . ,. ' � .�.._ � . _ ....§�.�l��f... L. °.F � i .. . �` �3 F� •F . } � :,i �.... :: `.K"'� ..s:,r��' - �!y^ . .'S .�5. i .- �. - .:. —_—_-_ . . . x �. t . ,µ.�� .. �'f �.�-t. '3� .� y, ':• . � -- . ..-, , " t �,'.�F� , .. � TcXas"1m'r.. ,.. ->.;�,.,...�. v � ,: .!r - . . , �t,�� ;� < �. � _ . . �..,� �'�" � *v % .. ..._. . � �ti�m, � . � . „., ' " , � r��.m' ,�'"� . . �r �'' � r -. .F,��. `t _ ., 4*.:. - r . � 1 .^�( �r 1� ' :�. i M N . i � � .. - _ _...._.. ,Y . . .�, ...a '3�fia. . . . . �� -.�...,y0E- �W... ��,.� _,� . ".! `� . .k,�� w, '� '� �� ,� d4�s+q� r . . . . . � . �s. �-� � �,��',t� `'�� -�`� , s . F , ti, �;.''� � . �� / . - . . � . .. � .j` {�' ��:s � \"+»w. .. � . . � � �- � � . '�. � .Mr�� \ . �" `*{ 1 ��%6�1C \ .. i 1W�. ��=a " � .. .._ ' - `� � o... ,��n �� ,�K `F��..K � ; � � ��•--.--�_-�` -. i, � � � �� '�t6_ � __ _ \� .<_�.n ^„�^� .�` ��.s � � e��"�`x.Ys.��-.. .,.,x. � , g . �,....af� ;`. r -p�, ay'�� . _i .. ..: � l � ' � 'l� ' ~�� . 8C4!�# y�; .. � . 'P�� . .. F ,�`� 1 �' 'E'sH �*+#','e �� 9� y�",„�>.IS�i §' � t3 "R+"�*�'W� ' .. .. �.�. ;X'�� -� y� 'x�� '.Y } '� � ", kj'+�-}Y:± . ... ',{�p^�ei �' '� �aF ; \ .� .,; "�4+,r�..k �c... . ..., , .;� , _ / x ,- � i � � , �� . ,« ,. '�" # : ��° ¢ �� . �' :" .., ''��e_ ,.,., � .�.�. .r . � . . . , �,.. .,ys `'°'�. �,s <^y�.,`. ..,� `. � `_ ' , , . �.,. , �� : . _ � �� <. . ,'r'±;^9fi� :S�`c.r -r � � ."•''Mt . ,�,,�..,« - .. _ ,m ^ �"'t �� ' Y>. ' � � ° ' �s^r �� m� �s*��e � �,�; - 62 Professional grade vinyl �xtent of compacted edging. �rom trail to earthen berm, property boundary, along 3:1 outer slopes property boundary to road ' 2:1 inner slopes Fxtent of mulch and planting Top of berm �lev. 100.50 Neighboring property raises 5 sharply in elevation. Contractor � to blend into existing contours. Perfora ed drain tile 50 feet, 4" corrugated plastic 30' long 2 beam split rail fence Remove 8' of � existing 12" PVC pipe I 12" PVC pipe Invert elev. �'q7.875 � af ter removal of 8' section � � 16' long 3" diameter IPS SC 40 COFX Cellular Core bSl Drive�,uay � � � PVC- V pipe through berm � Invert lev. �17.875 � �. (O" tall insurmountable curbs on both sides of � new concrete flume Bypass overflo �, 3.5' u�ide � Flev, qq.875 �, Insurmountable curb at - elev. 100.50 from top of road curb to 2.5" above Rain Guardian: chamber side wall Pedestrian Rated Turret Rice Creek Terrace pretreatment chamber Contractor may remove or eq,uivalent elev 100.00 existing curb cut. Neu� cut 4' of f set f rom curb should have same cross- Bottom interior of chamber sectional area at elev, q8.875 Locke 23 Rain Garden N Curb Cut Rain Garden Sheet I of 2 Design and Grading Plan �ocat�on 1 Date:January 31, 2014 Client: Rice Creek �Jatershed District Just East of� Designer: Chris Lord, District I'1anager 1081 Rice Creek Terrace � � p zo Anoka Conservation District Fridley, I'1N �,q�N� 63 Locke 23 Rain Garder� Cross Section �F�orizontc�l rn�o�urCm�nts vary by locction� 3(f�Drca�Fr«n�G� a'd(5'abov�b t�am� �T�� Dd�ris wdl of Top oF Berm At L�st to Ta�of Protrean+rt °F� '2S above Dd�ris woM pr�veatmait cnQri�C b"Abave E',utter CFbrcber'Gr'ate � q�.w.bo "�� *� I ft Pondrg Depth Mwc 't�", .- 0 ,.corrpac,ted eax rr. ►+�'d"°°d —.-� Use c e�so'� romf bpsi� -i Yr�etreaRrrst Clnri�er ��:,:•;^-�~_.,: .��:�:- `L' r��4 � �►��ivat 7 bebw qA.ter---- Nota Typiad Detdr Av�d�e b'Carpacted&ae� -2 O�e hm DiFsra+i F�vaGar�e Tap oF Bme �� n5'eaau wcw �ooser►ed subsoil -3 D I 2 3 4 5 6 7 S q Gurb-Gut, Inlet, Pretreatment, and Bypass 2 Beam Split Rail Fence Waler flow byposs level 3.5'wide at elev.99.875 Apron seated tightly to side Insurrriaxitd�le edge of flurne walls oF charrber usir�g expaision joint and shaped � to extend 2.5"cbove charr�er U1P��5. Pedestrion rated Insurmountable edge oF cpron from � Rdn G�ar'cim 7�rret �t'Ofl top oF rood arb to 2.5°above pretreatment charber top of chcmber at least 6"betu.�een or equivalent bottom rail and graRd 24"compacted so1 G�tier-lau point at center oF�rb cut is set at elev.100.00 6"oF gravel - MnDot concrete mix No. 3A32 - 3'-lOOpsi, 5-8 air-entroinment, membrane curing compound (3755), ond with broom finish. - Utdlize tf-ie existing curb cut iF possible. - Ens�re apron is seated tightly to chomber wall using expansion joint. - Water flow bypass sho�ld be shaped wit4� vertical southem face to better redirect water into cl�amber - Water flow bypass elevation rrwst be precisely l5" below gutter elevation. - It is criticol that the top of 6° class V bc�e for pretreatment chamber be precisely i7.5" below the gutter elevation General Notes - All elevatior�s are relative to gutter at curb c�t. - Gompoct the berm to prevent water seepage. - Gontact Gopher State One to verify vtlity locates prior to work. - Amend basin bottom with loamy sand and incorporate to a depth - Protect ail existing utilities from damage. of at least 18" - Avoid eq,uipment traffic on walking path. - Cover basin and additional planting area witl� 2"of do�ble - Limit non-tracked eq,uipment over infiltration area. shredded hardwood mvich. - Natched basin area represents the level bottom of the rain garden _ Repair all areas o{ damoged sod aFfected d�ring constr�ction. at finished elevation with.mulch and compost. - Outer berm side slopes should be 3d� inner berm side slopes should - Over excavate basin to accommodate muicF� and soil amendment, be 2:1. - Rlp subsoils after excavation to maxim�xn depth possible. - 1"I�lch sho�ld be no more than 3" deep. - Use heavy clay soils from basin to constrvct tFie berm. - Follow design details. 1F there are iss�es or q,�estions contact - PVC pipe �nder berm m�st be atigned directly across from outlet Anoka Gonservation Dlstrict prior to making any changes. culvert. 7C 3-A3A-2030 - PVG and drointile sho�ld have o 1 percent slope For positive drainage. �ocke 23 Rain Garden Curb Cut Rain Garden, Inlet and Pretreatment Chamber sheet 2 of 2 Client: Rice Creek Watershed District Typica Detai Date: January 31, 2014 Designer: Chris Lord, District I'1anager Anoka Conservation District Not to Scale 64 EXHIBIT B Rice Creek Watershed District, Locke Lake Management Action Plan (excerpted from RCWD SW Urban Lakes Study April 2009) 7 65 Locke Lake Management Action Plan Locke Lake (02-0077) is located in the City of Fridley, Anoka County, Minnesota (Figure 1). Locke Lake is a flow-through lake located on Rice Creek and is at the end of the creek just before its confluence with the Mississippi River. The lake has a surface area of approximately 26.5 acres and a maximum depth of 6 feetl. Based on its low estimated maximum depth, it is considered a shallow lake according to MPCA's definition. The watershed draining to Locke Lake is 115,583 acres and includes the entire Rice Creek drainage area and all of the various rural to urban land uses within it. The watershed to lake area ratio is approximately 4361:1. There are many improvements and studies underway in the watershed, all of which should lead in the long-term to improvement of Locke Lake. The east basin of Locke Lake essentially acts as a sediment basin for the lake. Locke Lake is predominantly an aesthetic and habitat lake that residents use for recreational boating. � ��a' ' ' � f� ` , t- � -��.� � ' 1 /�; � � + ' y ! , � -� � � °"� >: r` t �,� 4 g �� , — w . t , �`- �� _ . �' �y�,, � f � ,u;, � �_�.Y�,� ` ��^.. �'� A,d, k .^y4� y � F,; i �'pe 'f"t' $ ;,- a��''.. .f�.� �. ..�r _ 6 � �e e t �.,•r... '�`d� �� ",, ' ?�It'�'�lim�� .�.. �.r..r• � b , f .�. �a� � #�� ..��t � . � . ^°'�' ��:.. '4' `�� r� # � �i 3, 4;�� ., F * r ; � ., �� .��•t .i'.��. >Gti� $� !cY.'�n .fi�� ', : P� ��# � �''��' �T : .�`.ri 'fGry+�`` � u .v "CC.ryy �^� r. s± . . •-..—.�- . . - � . _.� - , _ ,, �''� 3F� :�' ,� � •�n ' ; �r _ �s �.. _ : V� •�, ; `�-- � _ � � ��;: ,� `� �'�- , � �� ;�;;. dY � � � The lake areas were determined by digitizing lake boundaries using 2006 1-foot resolution air photos. No bathymetric data were available for this lake. The maximum depth was estimated using depth data collected during sediment sampling. RCWD SW Urban Lakes Studv Locke Lake 1 Emmons&Olivier Resources, Inc. 2009 66 u = a, v � } t' �i�. ;k j�,' . z �,. �J`. 7Y ri:; It4 .'i�� .. .. r J t� ��i .� 4S'Y!�i' � Sb�.i it AX y� n,�, ��YCDf,�w..c��i�`Vr � s NrcvnO �'�� ;,�_ z 1 �� ,�+��S"': ��>',., f� .�{� ��.�� , �,�N� j � � 1 �'�' �'' 1�P� 1 F )� P � ��${).�`{ 1 �. '_" fi aT�^kil��'f�.{�rN��P b JC ,� i 5 a: ? {�RS'; �9!� . �i � r s, r t . � T � �� r?�r,aX„� ,r.r�� 0 NDr t'ts S�y ''�"f., , �, .n s�n„ i `� r ,i�F e � 1 i�� S. +`4 �c-4t t. i . :.� 1 t� x, � �,y� ta�r�,rt IoN� �vt7a�j � Y��, It�.' :�°� 3t�. ' 4a � � p ., A � J,t tz }� rT3.,rr �*k �Yr�tTi,N"��''�`�j �y n T � �s. �,s __ r _ i � 1.fis, a. �'� �/r t�.Y° +�,�'II�' ' i.: i�` . '� ,��^ �_+.1•—:..� .. � .�g� r �, ; � ,J 3 r��.Z � �^ 5�rvr�r°�'°�y�•� F� rpJ�_ y } P'��` J -� � m}y�� .jjas ,f��'-Il��>r�ii�b�irF' '�d.,-'itl �- J�T� � .W r'' �,�,'``-'-:�. �'v'�_.i�� g_�f.�+y�"l,`G'F� �;,d A�s f�a� � L:� ��,�'�� .��; a.,- .u��i1 ',� f � 2. 1 5��j 1 1� 4 K�. {} Y -�{ �*ii� � �� •, 'A � �- ��s �' 3"' ,�i� � :t'#.I �!�' �-wc�� '� Q ��: r� � �2� �L. 3:_ �¢ x D�i'�� t fi' v�a . r r ..•.-t � 0 � � �',�kg`ij�� xir � v� .h t jrr c tvP�� ^ � � . �' F� .�G �A.�f�1fi+��t��#�il�' a�.rd� �,a+tu{YL�t,z � ,".l�tv�� .� �s�s�+wi:i MaPExtent ti.. Z ' � �'�. �� ES�sN.s�t7t-$ e; '� `f`,J`j' T j ••�f1 � i � i. ..i� � - ix `�,�Fi'F 1 c�.} / ..z, x � , ., 1 �� h�C# x,f� � t 4 1{a Yu Ly�ajl N b�'�.3 � � �'i�' p�« rt�e '� a. c Kvd�"i�k �� ,.?��,y�,�<. � y� k z� 4!"'j i ,�,�i(� 1�� . �(�{j ii� }a Y��(a� � '�""� � �.::+r j� r f_. ►1: �,� �.iGT. a.dCt"'��.* �f t W" � t��-1'��sA�i4kt r wt r{, �; � ♦ r'�p��,� wr j° �tr:� � . � � j�.M�. [ r>w ,.r.i`•- �,� .! �.,,, . ,� � � ::.. - x ��ror aJni,w�Y'� �� • 1 °r;-1 � �" 3 �.�4 'f ti ��aL3� �`f r a i " . � aa '�r- a.,� 1 �� '.� � Y' !� ��j�� ra ��,� { '� x '��I ( � � � .#'� r , r, 4r ��'+A� 3V � tpf p�� 2�i�.�(g �,7� �J eP� i_� � .� � �3� r,/�.� � � ,.�� "��'v� },.x +t'j�✓FF�zyy � � ..'�a.t,. 0!�"t.t A�1��r h � C r� � _ ;1F... £ ..:i �i�r�F J_f9y{J.:�LY �,Y"� �X Lx 4`�ixy�`'�2 rRy,'S3r' r�yrf ♦a�,��+ ._w j . . ; �� i � A �' ,'„A � "§� � �i z�, tu° � � Y-1,� ' r$.�� . ( g § t !fi� .'d i` ,�6'�f# �'�f�s ,_ e�c,�e�,�� ,�t '� � a :�`Wtha �'^ �te r �' e �s � � �s itz�,�= r-� �,+�>�Q�`i� '�.� a�xi,� �� `_"*�,Ft.F-i!�t"�}�e�:y x'„`yi+-x' �t� -• '� +e _.-;� <;�,. r. 4�A�v�F�.� -. ��'�ri t¢��`% ��.� r�&.-.-y'4;.' ��2 :�a�r� vcRarai� �{�Y'� n r,xoai i' a � r �l� � .�^t �;�r �`'�� ' � � �r ��p.� r' �, � *E � � t ..a tisar £ ��S.. r�'�� f . � o�.. � :,r. . � �+ , x. �// 7�k�..... ` _-. .r� zi � • �.�F'.�� °as ...e �„ . `Y ' r+� , "� ' �`i•` .� Y y � l�kk9'a�Jfh aVly __'« 'T. .(`- f ` a i+n sc : �� W... F � 1 �_. r 3 ��)t 's � �� f� '� t '�,r atarE N) : i s��M �r..,..t ' 1 s` '�w- k4�1�' ' ti. .:'c 1� F x � � . z� JEra�. � . _ ._.._ ... �'" � .�� s � a t. , , .rv .;� x .-. ��. r�`._�. °+-Y'�� fy o m ._ �Nx%�y-_aE a#.. . y .��_ r. �- 1 1� 1; � � k t�i�.- } � � f^'*�, • .��''!t',. 4 .' � .;,T „�S/ia,'ltitiCM�v f ��t� R+ �a � f F' • { ;1q'� �•k;rR4.i.^}�' '1 J �r � Nl � � u = :�� 2 ��{� '� � � '>• � �� . -0s I ."��. ...._ . ` 4�f+s�� 4,� p YA �. 7--� >',> a � t t�' H � ..r� i i�i'� � � �iLuYr rn-� +,y .�:. a@ 4: . 7 ` `LO��. -`}� �r�y 9� �.:+�M.{n,` j.�k r Y��"°i' .'€+^KYR �.� � F� ✓Eh:i .«t �°�; is+tr??t C ��4t� �, ctk. n5u c ..*e : ;-�°,f�q � .��t .t€��e °�:��c<� �u �s�nr tw'� �. y� '. 1 �'"� � �; . ii .� r:-,A .+F-;.�'u a' r`y Y Y» �.��R"bJ�'y�� %� ..�4 ft�t�.r`t' � a .i �` F-f�r.YF � � � j L } € w,.,�, � :E � s.�� +�' .� .. a .�.� .� �i iM' ./:' l.Y�'�i�� </�� +'�,i r a' r,..ti "ID�{ xr:.. +`'✓�rat3�f�,i + r J'2 a��'�Cr3�t1'i '�-� i'..�'.�r �..g� �' �� ` �. �:rf . ��s ♦_ � } ;, �rl F�f '�'K I r�F tT"1f" ?,X` �}� � '. � � i�i Y 1 � Ps . x •J� �._., �", 't� ,+: r � f,�. » t {�� 4.-. � 'y n�� ..�<..s t_..��'� ID c;. r 1 �r r r�.5 5�� =y +-Y' � r A > 4 1 ¢ �.i a z. �: 1 zT � . � `.a �: f . L ' �- x p ��.x,�` fSi�SINy s� 1 t' ,. c s�. �r`� � '�'^^�,. C r s -�3"' '�"�s.'�jO {z;,.2 Y r . �J �3 +n,z ` \ . ,rrM}t.,f 1E �fd�?E a rE �!- „'7 I'f ��, ?7 '�� a i� q 4 i-.r 3 3 �..r � q�� r 1!, �..`�.: .i � a � .� ,l�`{ ��i �� i .�,�"'� �.� , .�aM'�v i � � '�� vltbL�k �''.. p �� " ��` r,p ' i� r�L�{d(�•�M".�"1? t �' ,,� �y}4 C P3} ±. �(� '� i�� 1{�� („�,� f�f ?��{j,�,,�{ . +. C 4 y -� 7: �?C lr3�� i.i; ✓ t Y �� .. � �z1 a� �� .��-� �' i: i�r�..�;�� }sy��✓II �vrce g[e`kko y� .� P��'�aKt cdt$7_c}'•�rT� - ' . S� .ct�l - r _.."�.�� =�rP� �� .l�t° } '�`p��' �` ��.)f F� -t � 9 -•r r i «F a uti. T:t �� a..K t1�k a --�.a-'u z �s i �7 " .;�s iaw-. Y" fl2 S� •tfi 4i� : S4 p �'�iffC�H.4•�. J _ 'r ( �yti P } I ' r ,�p � X .: fi �. y � y n x ' �/' [� �� v. tnZ�� .�x r �'� i � �+�� z �Y�v . ,�` � s r�� }r *'. �s . �� -�Y l�,c- z : a Cf�'L ,� � ''T;��r� ri�,r. Y � 3«��'#{{{ss€'1 i� -3� . '_9l ~GaR� $ t.i� ��..�9 f r � ' � � �r.��§r� �� s z ��' �� " �,�nra+# ..,$ vre °r�r��yn�� _ i s� � �"j d .� �� `•{ � t�c��i; � i ��pp�i1.+� �'�., a 4 �.i�t�� 4 n�#_�a�ti �i �� _�� i� C}�',�a� ��i�✓'t '�'�. �'4"'� �.'�� '. ;1�,3$Pk . y �Y s 2 � '�'C � t }../ .`�'s4 - �� -r sr�xa'a��,.�at S�: `°�i s� +.,,+a rvYV��zy' f�^.� > u� ,. �z �,��€ .'� . �� - .., M � ,a,i �.. .: a r yy'$� 't'� �y�,��",r,`'!�'�.c f ��ti�ta & J . >�,. Yrt'.s++"Y yf±" f I¢� � ,:y,,. [ * �'! ��,�`.�,. �,z, _ _ K � .�,E Fihr�•-.�. �%r. 1.� y� g t � �:R 4 �''�r . 5 : ,�. . _., ��i �no�'"ry°�waE�.��. +yt �'.s�R9 �s�-L r� ��e�}g� :� � x Y; �z �.��, i (y E F�"4"E' ua4 s. A��NR•dE s`�' '"'e� �'�°. "�^�s3 a t�"f� T7! ''HYL er S ` Ditch Potential BMP Location ^ • �-�: � ,.�: � ,„� _ � 1Natershed � Regional BMP ., �oratnooa �_; Local BMP �, Slte Specific BMP o 5°°,.°°° zooeF«i � Vegetation BMP � ` Figure 1. Locke Lake and Potential BMP Locations RCWD SW Urban Lakes Studv Locke Lake 2 Emmons&Olivier Resources, inc. 2009 67 Water Quality Summary Water quality data were collected by RCWD in 2008. Preliminary phosphorus data were available at the time of the report, and are shown in Table 1. In 2008, Locke Lake was not meeting the MI'CA phosphorus standard for shallow lakes. Table 1.Average Water Quality Data(2008)and Standards Parameter Locke Lake Shallow Lakes Standard TP(Ng/L) 84 60 Figure 2 shows the total phosphorus(TP)data for Locke Lake. �20 100 _ __.._ __ _ __._. J Z 80 � � � L � Q60 __"""__'_"_"___"""'""'_"".'_"__'_"____"'_"'_"""' O �""_"'_'__'_'.' � Lake Water a � 40 _ Quality Standard O H 20 • Mean I AAeant0.95 Conf.Interval 0 2008 Figure 2. Locke Lake Total Phosphorus A watershed model (P8) was used to estimate the watershed phosphorus load to the lake, and an in-lake model (Bathtub) was used to predict the response of the lake to phosphorus loading. Modeling indicates that watershed inputs account for nearly the entire nutrient load,with internal loading accounting for a negligible amount (Figure 3). Phosphorus data collected in 2008 were not used in the P8 model, and modeling results should be considered preliminary. RCWD SW Urban Lakes Studv Locke Lake 3 Emmons&Oliwer Resources, Inc. 2009 68 Intemal,0% � '��*,p�y, Watershed,100°/a Figure 3. Locke Lake Phosphorus Load Distribution Public Input A public input meeting was held on June 3, 2008, no attendee spoke on issues concerning Locke Lake. A second public input meeting was held on January 19, 2008, during which a resident described difficulty reestablishing macrophytes and continuing shoreline erosion due to water elevation bounce on the lake. Water Quality/ssues • The phosphorus concentration in Locke Lake is high due to its location as a flow-through lake along Rice Creek. • Although secondary to watershed loading, the lack of aquatic shoreline vegetation coupled with water level fluctuations contributes to shoreline erosion and additional phosphorus inputs to the lake. Recommended Management Approach Watershed Manaaement Recommendations Because the Locke Lake watershed is fully developed, opportunities for retrofitting BMPs into the watershed as it re-develops or as routine maintenance occurs should be sought. To that end, a preliminary field reconnaissance was conducted to identify likely regional, local and site- specific retrofit opportunities. Potential BMP locations identified during this field investigation are identified on Figure 1 and detailed in the field reconnaissance supplement at the end of this report. Note that most retrofit opportunities identified in the supplement would not only address Locke Lake, but lower Rice Creek as well. In summary, 27 BMP retrofit opportunities were idenrified in this preliminary field reconnaissance. The following are specific actions that could be pursued to reduce external loading. • Feasibility and Benefit Level Assessment of the two potential regional BMP locations identified in the field reconnaissance supplement. • Consideration of local partnerships for further assessment of the 21 potential local BMP locations identified in the field reconnaissance supplement. RCWD SW Urban Lakes Studv Locke Lake 4 Emmons&Oliwer Resources, Inc. 2009 69 • Notice/letter to potential site-specific BMP landowners educating them of potential grant funding through the District's Urban Stormwater Remediation Cost-Share Program. • Routine monitoring of sediment accumulation and maintenance excavation of the in-lake sediinentation basin in eastern portion of the lake. • Lower Rice Creek bank stability assessment and installation of bank stabilization amendments for areas with severe bank erosion. • Continued project related improvements and the studies currently underway in the watershed. Various structural projects, such as critical weir replacements, maintenance projects, such as routine clean-out of the Long Lake sediment basin, and studies with implementarion plans, such as the numerous TMDL studies, should all result in incremental improvements within the watershed. There are several options known to successfully reduce nutrient runoff that can be suggested even before data are available that will allow more targeted management. These general practices include: • Stormwater management retrofits for better nutrient,volume,rate, and erosion control • Nutrient and stormwater volume absorbing raingardens • Increased frequency of street-sweeping and targeted prioritization to direct runoff areas • Continued shoreline restoration / buffer zones of native vegetation along the lake-shore (good for both runoff problems and fish survival) • Continued public education programs to encourage voluntary land-owner changes in landscaping, lawn fertilization, and runoff management • Active inspection programs for and routine maintenance of previously installed stormwater BMPs • Compliance monitoring and inspection of active construction sites for adequate erosion and sediment control Internal Lake Manaaement Recommendations With very little in-lake biological data for Locke Lake, specific in-lake management recommendations can not be made at this time. However, a number of shallow lake management principles will likely apply to Locke Lake: • If curly-leaf pondweed is present in high densities, it likely contributes to internal loading, and curly-leaf pondweed removal activities should be considered. Curly-leaf pondweed releases a pulse of phosphorus into the water column in June when the plants senesce. • Submerged and emergent aquatic macrophytes in the lake normally stabilize the sediments and provide refugia for zooplankton. If the macrophyte communities are deternuned to be sparse, shoreline and littoral zone restoration practices should be undertaken. • The balance of benthivores, planktivores, and piscivores in the lake can influence the lake's water quality. Benthivores disturb the bottom sediments and release phosphorus into the water column, and high densities of planktivores can overgraze zooplankton, which normally graze on phytoplankton and keep chlorophyll concentrations in balance. If there is an overabundance of benthivorous fish (such as carp or bullhead) or an RCWD SW Urban Lakes Studv Locke Lake 5 Emmons&Olivier Resources, Ina 2009 70 overabundance of planktivores, a fisheries management plan should be developed that will aim to restore the balance of these types of fish in the lake. If cooperation is possible, work with DNR to promote a fisheries management strategy that places importance on water quality,while maintaining a viable fishery. Recommended Data Collection The following in-lake data collection will help tailor the management recommendations for Locke Lake. If the implementation of management practices for the lake were to move forward, bathymetric data would be needed and should be considered a high priority. • Bathymetric data collection • TP, chlorophyll, and Secchi depth data: Collect data for several years, with at least five sampling dates per year. • Macrophyte surveys: Complete one macrophyte survey during June to evaluate the presence/absence of curly-leaf pondweed and other invasive aquatic vegetation. Complete another survey during August to evaluate the quality of the macrophytes after senescence of curly-leaf pondweed,when native macrophytes may dominate. • Fish survey: Complete a fish survey to evaluate the fish species composition of the lake. • Plankton survey: Collect zooplankton and phytoplankton data for one full season. This will supplement the information from the fish survey regarding the food web, which influences nutrient cycling within the lake. Management recommendations can then be targeted towards manipulating the food web dynamics to improve water quality. RCWD SW Urban Lakes Studv Locke Lake 6 Emmons&Olivier Resources, Inc. 2009 71 Locke Lake Field Reconnaissance Supplement Regional Management BMPs Locke 1 Location: East of Old Central Avenue and north of 81St Avenue � Description: Large existing wetland receiving drainage �: � � "� `�� '�""'�= from adjacent industrial area. ��r �'`��'��C��*�r��`�� Potential Improvements: Assess current treatment "'"�. k . �AF ,� . � � °'°'��' � �°��r ��' �� capacity and assess options for enhancements to ' � •� --�r improve water quality treatment. - - i� ,�� , LoCke 2 ��' � �� Location: North of the intersection of Brookview Drive irx � . ` s�a'�� Rice Creek Terrace �� "�' -` � Description: Stormsewer outfall from adjacent ,`y�"�` ,`' ± � , �: ,. .[ ; ,_ � roadways from the south, runs through woods/swale into �� ;� Rice Creek � ��E _ ' ° � Potential Improvements: Create wetland treatment/ ,+.e�.?��7 °�� ;�`��.��r��Y'�? «: i�i� �S. _ ��`�-�= A�, t��:�,,,,, . � "9f� ponding area to provide treatment for stormsewer flows. ,�" � ,�a >:= r� z > �� ,,�. ��. : ,�, � .. : ��" " �r .�� ;, ��z Local Management BMPs Locke 3 Location: West of Hayes Street and north of 80�' Avenue ` �= Description: Green space on corner �..., k{ ;. . r, `, ,�:„, _'"' " � � - Potential Improvements: Incorporation of a large e � � �.,.. - �� raingarden for treatment of adjacent roadways. �� RCWD SW Urban Lakes Studv Locke Lake 7 Emmons&Olivier Resources, Inc. 2009 72 `,� ,[ � - -ti. ::, Locke 4 -` � �� r ' � Location: West of Silver Lake Road and south of . � � � + •. �� ' �, � �� °� . �� Woodcrest Drive �� ;� t'� <�� ' � ;; Description: Open space/small trees on corner �_ .� � : �:�• �5 Potential Improvements: Incorporation of a large �`=_-� raingarden to treat street runoff. � ��` � � ��, �. : �, � °�`� �`�� ",��.,� L �,�-,..��r :�= , _��.,''; �:�.. � �,.___ , `: ` y � � .�, Locke 5 ':' �` bl ,,,' r�� Location: West of Silver Lake Road and north of `'�'� j- � Woodcrest Drive �- � � � � � � '��, '�'�t :°. � �, � . 'i : �}�� . �; +_� :E �� Description: Open space/small trees on corner �Y� '� � � Potential Improvements: Incorporation of a large � � ' - raingarden to treat street runoff. � �� ;�� ,.-� _� �, i'4; �� - ,;,�".d -'� �a a.ti... a�y,, � °�� " . ^ � � y��,�. .. y,,�° ,,� �yt � ,; ,. "-�:-:,:;. . _ �.^ _ _ - � ! � Locke 6 " '' � �� Location: West of Stinson Boulevard and south of s ��` ��r' Onondaga Street A`,' 'e ` s°� � ' '" Description: Open low area at the corner. � ,� ,;,. `�Y�� Potential Improvements: Incorporation of infiltration _ �;, �� -�;�. basin or ponding area for treatment of adjacent roadways. F,� Locke 7 `�' Location: East of the intersection of Arthur Street and � , , �� X- ,�,, 76�'Avenue �� _ Description: Large vacant lot. f�_r. , < � Potential Improvements: Utilize area for treatment of �, . .�. ' adjacent roadways. k "'��_�� :;:�� °��'' i� �� *'�� P II .. . . .. .�I I . RCWD SW Urban Lakes Studv Locke Lake 8 Emmons&Olivier Resources, Inc. 2009 73 � � ; r ; Locke 8 ' Location: West of Old Central Avenue and south of '�'� ,.�:: ,�i� ' '�� $�;, 76�'Avenue . - ,,, ,�,. -�,�� ; :.� '�� Description: Large vacant lot adjacent to industrial {� �� areas. � " �, ._ �' '' Potential Improvements: Utilize for a large treatment �� "� 1 basin for Old Central Avenue and or adjacent industrial .y. A��-y � -� � � `�� ° sites. � �� E�� , �� . � � � �� ,� �;.� ��i.� -- _-�= _ _. �_ -.°-��.".�, Locke 9 �% Location: West of Old Central Avenue and north of � ��' � Lakeview Lane �` Description: Large vacant lot adjacent to industrial �5 k-``,`` and residential areas. Potential Improvements: Utilize for a large treatment basin for Old Central Avenue and or adjacent impervious areas. � :�� .___ " � � _ -- �� : y��_ Locke 10 Location: East of Old Central Avenue and north of 81 S`Avenue Description: Large open and wooded areas (current use unknown) Potential Improvements: Utilize for treatment of adjacent highway and/or adjacent industrial park. Locke 11 Location: North of Fireside Drive and east of "� Highway 65 • � Description: Example of large swales along Highway ��`�`' _:� ..� _ �R:�- I. 65 rovidin treatment. , P g _ ;�,; ��., - s �a� 3�- � ;r �� Potential Improvements: Maintain and or enhance rural section drainage. r�:;. RCWD SW Urban Lakes Studv Locke Lake 9 Emmons&Olivier Resources, Inc. 2009 74 Locke 12 Location: North of the intersection of Mississippi Street and Mississippi Circle ;� Description: Green space between Mississippi Street �'� ; �� '�� and existing trail. Potential Improvements: Incorporate raingarden area � �;y, „� � ��°°'-, for treatment of a portion of Mississippi Street. � �� . ��-�-;�� : �"� . r��-� Locke 13 � ' �*-�t �� !,r' 1 ��' Location: North of Mississippi Street and east of r .k, t 3 � �.=i i6 F t� ii �� e >,� � � ,� �= ., ,�►'; , � �,' Violet Lane �� " * '�` Descri hon: Wooded area west of the creek. .}� � �$ h 4� ..�� '` �� • -. i �;��,+, ` -�� :� ,.,;; } - i� b:'. Potential Improvements: Route stormsewer to this s. �;� ,� # � ' �� ` °� area and construct a wetland treatment area. � �� ,� �� : � ��! _ �� ,,, �(.f �� .xt+��` �+� ' ��y*:�� ' '4t �a� : �, -: � ��w�_ �s„�!�� ,4��,�_x r �� ,�. '�i � i ,�;c��,� ti,� �,',� �F - ^� - � Y�'1 ' -f -. ... . . _ .. . . � .. . �;.R_: �� Locke 14 '� - Location: South of the intersection of Anoka Street , ,� ��„` :-�,; � � � �.;.�- �;� ; �q.�,��'�.._ ` `�';' � �t: and Timber Ridge South r�, F ' ` �' �� " �; Description: Stormsewer discharge from Timber � �� .5 : , �� 'r.I±r �� ..� � : '�#.�. «� � ', �� 4� �,� , ; Ridge Condos and Rice Creek Condos routed directly �.::� �� °•� `� � ��` mto Rice Creek. ` �� .. ' - � �,�, � � � ��,�y;,.�� .t� Potential Improvements: Reroute outlet into existing � 3 ,�� ,�s+r�T�'�,,''�•; wetland area and eliminate direct connection to creek. '"`� '� �'�� = '"�� The quality of the existing wetland and potential �;, ��,,� :� , � �� ,. �`�'" 31.� -}�=�':y-'` < � ''"� impacts from stormsewcr dischargcs would need to be assessed before rerouting/reconfiguring the system. .� : ' �� Locke 15 *�i Location: South of Mississippi Street and west of �� Ashton Avenue r � Description: Open green space at the corner. ..�A �``� � Potential Improvements: Utilize for treatment of adjacent roadways with a large raingarden. ��...�-,r�-�±K� '.. x� RCWD SW Urban Lakes Studv Locke Lake 10 Emmons&Olivier Resources, Inc. 2009 75 !._. ;�'�- Locke 16 '� Location: South of 66 %2 Way and west of Ashton � ��` ''�� Avenue , ;j;; :,•`X Description: Open space adjacent to an existing ; ,� _ � � church. . ..n � , _:. �T �" Y�°`� ` Potential Improvements: Utilize area for treatment of bri 3:._ - the church parking lot or the adjacent roadways. _ _ N� , ;� � Locke 17 .�i;� . , Location: East of Ashton Avenue and north of 66�' �� Way �, � �� := �"'°'�J ;_ � F ,, ;,, Description: Open space within Edgewater Gardens - Park � Potential Improvements: Incorporate raingardens along right-of-way to treat Ashton Avenue. � : �.<�, - � � �� ,� ,��, j: k �^,�. `� ss�"; F t ��';�°-�'" _ _ � �..�_ . Locke 18 Location: East of 7�' Street and south of 63`a Avenue Description: Large open space located within � f,. Commons Park Potential Improvements: Incorporate treatment features for adjacent parking lot and/or 7�'Avenue. ��' p �. =-~-—..�:..� � �`� � �f� �' � Locke 19 , f - � � � � � �` �,, � Location: North of the cul-de-sac at the end of �. k+ i is � ,S ' ` ``„' ` � y� ;�. � Thorndale Avenue ' �--�-' ��-� `'�'�''� �� Description: Stormsewer outlet discharging through � A � fi ,,:�.. ; rf �,� swale along lot line into Rice Creek ��w,y�¢. �,�� ;..._.� _;� Y � " Potential Improvements: Create a linear treatment �hip��' G !,� , � e+C � .� � � �,.� � E, p .� feature along the lot line prior to discharge to Rice F ` �� .m�'y'�" � .s►�°^s' �i,� �;��.:.:� '��'''-h,�.'� � !�-� � Creek. ,� , .,,r��„ � � ; , ��d4��;�.�• x�',;'f '�-.�i�'�'�;�;e'9 r- ��.q �`.�-'.��r��'"��1P�'�7��'�' .w: a RCWD SW Urban Lakes Studv Locke Lake 11 Emmons&Olivier Resources, Inc. 2009 76 � �q� � <��S�.e. � `�`:� � 3 �h Locke 20 '�� ,� [� �� .�, t � ��-- � , - Location: North of Mound Avenue and west of � -��-�� ---�,�� <��: ,,�,�. Thorndale Avenue �,,,��„ �;„� DescripNon: Stormsewer pipe running along lot line � ' � °�� '� ' �-, _ : and discharging into Rice Creek �# � Potential Improvements: Daylight stormsewer . � y �` � _ � discharge and create at raingarden providing treatment �� . � � y��. �� prior to discharge to Rice Creek. ; �.- �`�� . =�Y�. _ . _ .' �"'+�.��.: , '�' Locke 21 ,� + ' • -� , �>°:' �` Location: North of Rice Creek Terrace and east of �'� '�� '` �` Pleasant View Drive '� �r� i � °;.� � � Description: Unnecessary impervious area ' ; ' Potential Improvements: Extend driveways to road and use remaining area for creation of raingardens to treat adjacent roadway. a:� � ,� � =, �r� - � . �;� �� > :"�,r,��''� � �>Y ? _ �� Locke 22 � � � �. '��'` ; s ��'� " Location: North of the intersection of Stinson � ' � L ` �-� i � Boulevard and 66 '/z Avenue � ° �,.. ., � � �;, ��`_ �� -,�� {'� ; � �, 7 �'° Description: Stormsewer outfall discharging in woods � ' ' � � ` flowing into Rice Creek 4 ; .f�_ ' ,�< < , < ; ''� �,� ;�� "�, ` `.�t� i ��;� �� i �"` Potential Improvements: Create wetland � �_� ��f� �f treatment/ponding areas at stormsewer outfall. � �.,_ � : +r�� ,...,�� y��a y��+y.,�. a ` ..—.� ` `r�1 ",Ai .: �•'wn"` �.: ' t. ,'.x�x T"t�s �f . � �_. �.._._ �°�'.._ ., �-_;.:.fr-.... . = Locke 23 ` �` ' ' Location: North of the intersection of Brookview , � , t,�, ��.�,� � Drive Rice Creek Terrace � # �� , ��' `"' .�� Description: Local street discharge into PVC pipe �°,, ;- y��-� ��..,,,�; � - connecting into stormsewer. " :° �< = Potential Improvements: Convert area into a :..� � - �� ' ~ raingarden. ,,� < � =x: } y._��q�� '{`: T 4��?. . C }+ p ti �:51c�a_._ _ °_ ' �.g"� RCWD SW Urban Lakes Studv Locke Lake 12 Emmons&Olivier Resources, Inc. 2009 77 Site Specific Management BMPs � Locke 24 y�� Location: North of Fireside Drive and west of Old -� � Central Avenue Description: Existing treatment facility adjacent to �`� --�v � ' - Fridley Chevrolet parking lot. Appears that the feature ;�.s�:: �,.y. � , ,_�,,,� �,.:� may provide rate control but limited water quality � � benefit. �� ;�'�' �� Potential Improvements: Feature could be enhanced ' to provide additional infiltration and water quality r t eatment. Locke 25 Location: West of Main Street and south of Rice Creek Terrace � ``� ' "�� Description: Low open space adjacent to industrial ,�.� �„�� -�' ' � building ..�� '"�""� = Potential Improvements: Enhance/retrofit low area °' "' and utilize for treatment of adjacent building. ?�:�,:. ;��, �-�_. Stabilization/Other BMPs ' Locke 26 � ,! Location: Locke Lake Outlet � '- Description: Dam controlling water levels in Locke ��' :._' . _ .,t' � Lake. The dam is an obstruction to natural fish � : ��. migration upstream. �..,� Potential Improvements: Consider reestablishment of � � � �� '� fish passage from the Mississippi into Locke Lake and �`�'i� i,:� Rice Creek. Establish a smallmouth fishery in the lower - ; � stretch of Rice Creek. The pros and cons of allowing x.r.� � .� Mississippi River fish (game and rough) to migrate upstream would need to be considered before proceeding with any studies/assessments. RCWD SW Urban Lakes Studv Locke Lake 13 Emmons& Olivier Resources, Inc. 2009 78 �� _ . r �y+� � Locke 27 ��'��''�c.,"� y' �"` Location: Rice Creek South of Timber Ridge South � ,�, �'�,: � �`'�� Description: Ground water seepage beneath an .,; ��,� � a .;� ,�., ' � ;;,� undercut bank. Just one example of a failing bank .:'�� "" '��" ,3�: along Rice Creek. , .�r! � .� �" � ,y� ' , 4,�� Potential Improvements: Incorporate bank "�� `.� �'y�� stabilization for areas along Rice Creek with severe � = j� �� bank erosion. Continue to reduce rates and flows from 6 � `� �. upstream sources that are the cause accelerated bank ��.,� r _ �� ___ ��:�:. erosion. RCWD SW Urban Lakes Studv Locke Lake 14 Emmons&Olivier Resources, Inc. 2009 79 EXHIBIT C Approved DNR grant agreement 3000045365 (August 29, 2013) s 80 . , 3000045365 STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota,acting through its Commissioner of Natural Resources and the Division of Ecological and Water Resources("STATE"}and Rice Creek Watershed District,4325 Pheasant Ridge Dr.NE,Suite 611,Blaine,MN 55449-4539("GRANTEE"). . Recitals 1. Under Minn.Stat.84.026,subd.2 the State is empowered to enter into this grant. 2. The State is in need of a restoration project for water quality improvement in the Rice Creek/Locke Lake area as compensation for a release of diesel fuel due to the train deraiIment incident in July 201 l. Development of a rain garden to capture and treat storm water runoff would reduce the amount of petroleum and organic debris currently getting into Ri�e Creek and Locke Lake. � 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minnesota Statutes §1bB.98 Subdivision 1,the Gcantee agrees to minimize administrative costs as a condition of this grant. Grant Contract • 1 Term of Grant Contract 1.1 Effective date: August 1, 2013,or the date the State obtains all required signatures under Minnesota Statutes §16C.05,subdivision 2,whichever is later. The Crantee must not begtn work nnder t6is grant contract until this contract is fuily executed and the Graatee 6as been noti5ed by the State's Authori�zed Representative to begin the work. 1.2 F,xpiration date: June 30,2014,or until all obligations have been satisfactorily fulfilled,whichever occurs first. 1.3 Surviva!oJTerms. T'he following ciauses survive the expiration or cancellation of this grant contract: 8.Liability;9. State Audits; 10.Government Data Practices and Intellectual Property; 12.Publicity and Endorsement; 13.Governing Law,Jurisdiction,attd Venue;and 15 Data Disclosure. 2 Grantee's Duties The Grantee,who is not a state employee,will: � 1.Conduct preliminary site visit,determine potential utility conflicts and collect soil borings. Soil borings will determine list of plants suitable to use to create a rain garden. 2.Develop a site plan for rain garden to reduce pollutant loading to Rice Creek by capturing and treating . storm water currently conveyed through the site described in Rice Creek Watershed District's Management Action Plan as"Locke 23"(Attachment A,attached and incorporated into this contract). 3.Rain garden project construction(includes planting vegetation) 4.Site inspection 5.Completion report wi�►photos and a maintenance plan to demonstrate project success. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract,time is of the essence. 4 ConsideratPion and Payment c�c��.o9n i� � 81 � . 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation. The Grantee will be paid a lump sum not to exce,ed$10,000°' (b) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed$0.00;provided that the Grantee will be reimbursed for trave]and subsistence expenses in the same manner and in no greater amount than provided in the current"Commissioner's Plan"promulgated by the Commissioner of Minnesota Management and Budget(MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (e) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed$10,000. 4.2. Payment (a)Invo�ces The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative.accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: Upon completion of the services 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction,as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,state,and local laws,ordinances,rules,and regulati�ns. The Graritee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state,or local law. 6 Authorized Representative The State's Authorized Representative is Marilyn Danks,Aquatic Biologist,MN DNR,Ecological& Water Resources,S00 Lafayette Road, St.Paul,MN 55155,65l-259-5087,maril�(c�state.mn us, or her successor,and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory,the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Phil Belfiori,Administrator,Rice Creek Watershed District, . 4325 Pheasant Ridge Drive NE,Suite 611,Blaine,MN 55449, 763-398-3071,�belfioriPaxicecreek.o,r�. If the Grantee's Authorized Representative changes at any time during this grant contractt,the Grantee must immediately notify the State. 7 Assignment,Amendments,Waiver,and Grant Contract Complete 7.1 Ass�gnmen� The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State,approved by the same parties who executed and approved tfiis grant contract,or their successors in office.. 7.2 Amendments Any amendments to this grant contract must be in writing and will not be effecNve until it has been executed and approved by the same parties who executed and approved the original grant contract,or their successors in office. 7.3 Wafver. If the State fails to enforce any provision of this grant contract,that failure does not waive c�n cx�.o9n>> z 82 / ! . the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negoriations and agreements between the State and the Grantee. No other understanding regarding this grant contract,whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify,save,and hold the State,its agents,and employees harmless from any claims or causes of action, including attorney's fees incurred by the State,arising from the performance of fhis�ant contract by the Grantee or the Grantee's agents or employees. This clause will no#be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. §168.98, Subd.8,the Grantee's books,records,documents,and accounting procedur�s and practices of the Grantee or other paity relevaat to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor,as appropriate, for a minimum of six years from the end of this grant agreement,receipt and approval of all final reports,or the required period of time to sarisfy all state and pmgrazn retention requirements,whichever is later. 10 Government Data PracNces and Intellectual Property 10.1. Governmeat Data Practices. The Grantee and State must comply with tfie Minnesota Government Data Practices Act,Minn.Stat.Ch. 13,as it applies to all data provided by the State under this grant contract,and as it applies to all data created,collected,received, stored,used, maintained,or disseminated by the Grantee under this grant contract.The civil remedies of Minn. Stat. § 13.08 apply to the release of the data refened to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause,the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released.The Grantee's response to the request shall comply with applicable law. 10.2.InteUcctual Property Rights Not applicable. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn.Stat. § 176.181,subd.2 pertaining to workers' compensaxion insurance coverage. The Grantee's employees and agents will not be�onsidered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement � 12.1 PubGcity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision,publicity.includes notices, informational pamphlets,press releases,r�search,reports,signs,and similar public notices prepared by or for the Grantee individually or jointly with others,or any subcontractors,with respect to the program,publications,or services provided resulting from this grant contract. c,��.o9it i> 3 83 1 � 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law,Jurisdiction,and Venae � Minnesota law,wit�out regard to its choice-of-law provisions,governs this grant contract. Venue for all legal proceedings out of this grant contract,or its breach,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 14 Termination 14.1 Terminatlon by the State.The State may immediately terminate this grant contract with or without � cause,upon 30 days'written notice to the Grantee. Upon termination,the Grantee will be entitled to payment,determined on a pm rata basis,for services satisfactorily performed. 14.2 Termination for Caus� The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract,that reasonable progress has not been made or that the purposes for which the funds were granted ha�e not been or will not be fulfilled.The State may talce action to protect the interests of the State of Minnesota,including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 15 Data Disclosure Under Minn. Stat. §270C.65, Subd.3,and other applicable law,the Grantee consents to disclosure of its social security number,federal employer tax identification number,and/or Minnesota tax identification number,already provided to the State,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could r�sult in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16. Invasive Species PrevenHon The DNR requires active steps to prevent or lunit the introduction,establishment,and spread of invasive species during contracted work. The grantee shall prevent terrestrial invasive species from entering into or spreading within a project site by cleaning equipment prior to arriving at the project site. If the equipment,vehicles,gear,or clothing arrives at the project site with soil,aggregate material,mulch, vegetation(including seeds)or animals,it shall be cleaned by grantee furnished tool or eyuipment (bnish/broom,compressed air or pressure washer)at the staging area. The grantee shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for aquatic invasive species(ex.zebra mussets)prior to being used in non- infested waters.All equipment and clothing including but not limited to waders,tracked vehicles, bar$es,boats, turbidity curtain, sheet pile,and pumps that comes in contact with any infested waters must be thoroughly decontaminated. The grantee will dispose of material cleaned from equipment and clothing at a location determined by the DNR Contract Administrator. If the material cannot be disposed of onsite,secure material prior to transport(sealed container,covered truck,or wrap with tarp)and legally di�spose of offsite, C,rant(Rev.09/11) 4 84 . � ' 1. STATE ENCUMBRAI�ICE VE CATION 3. STATE NI�',Y � I�dividua!csrt�Jias tlnt jxnds Nwe bss sncwnrband as �► /C. ►'eqri►ed by Mlnn.Stat.§§16A.15 and 6C.05. $y. Gri. � (w��del��d autfarih') Signod: Tit[e: �Q�1µ7 y Di<<�d f Date: Date:��.1� SWIFI'ContracdPO No(s). S 2. GRANTEE � The Grantee oertifies thst the approprinte n(s) have exxu�ed the gant contract on behaif of Grantx es nequired by epplicable articlea,bYlaws.nsol " or ordimnces. _ �_ By: Title• �' s �a. Date: e�' By: TiUe: Date: Distribution: ACencY GIDnta StaLe's Authoriud Representative-Photo Copy Graot(Itev.09/11) 5 85 EXHIBIT D 2014 Locke County Park Raingarden Project RFQ (February 27, 2014) 9 86 �� ' y ,� � ��;�� RICE CREEK'�ATERSNED DISTRICT Date: February 14,2014(rev. February 27,2014—FINAL FOR QUOTES—CHANGES IN RED) To: Prospective Contractors Re: 2014 Locke County Park Raingarden Project—Request for Price Quote The Rice Creek Watershed District (RCWD) invites you to consider submitting a price quote for construction of the 2014 Locke County Park Raingarden Project. This letter is intended to provide you with background information about the project,the anticipated scope of work, and deliverables. If you decide to submit a price quote,the quote submittal deadline is 4:30 a.m.on Fridav.March 14 2014. A pre-quote meeting will be held at 9:00 a.m. on Tuesday, February 25,2014 at the RCWD office(4325 Pheasant Ridge Drive NE#611, Blaine, MN 55449). Prospective contractors are encouraged to attend this meeting to get explanations of project elements and to get questions answered prior to quote submittal. A. RCWD Project Name: 2014 Locke County Park Raingarden Project B. Purpose: The purpose of this project is to reduce the volume and increase the quality of stormwater runoff to Rice Creek and Locke Lake from a 4.4 acre drainage area in a residential neighborhood in Fridley, MN. This will be accomplished by installing one large raingarden in a pre-determined location. Raingarden design work has already been completed by the Anoka Conservation District (ACD). C. History: On July 16, 2011, an intense rainstorm caused a washout of a railroad bridge over Rice Creek at Locke Lake. Two locomotives and seventeen cars filled with corn meal derailed into the creek and lake. As part of the clean-up efforts and mitigation requirements assessed to BNSF by the Minnesota Pollution Control Agency (MPCA), BNSF was required to pay a fine to the Minnesota Department of Natural Resources(DNR)to pay for a future water quality project upstream of Locke Lake. Funding for this project is being provided by this DNR fund and also from the RCWD itself. Locke Lake area residents are very interested in the outcomes of this project and will be providing volunteer planting labor for the project. D. Scope of Work-General Parameters: 1. Become familiar with project area. 2. Construct one raingarden in accordance with plans prepared by the ACD, including: a. On-site location and relocation of underground utilities, including coordination with utility companies as necessary; b. General excavation of raingarden basin and off-site disposal of excess excavated soils; c. Five feet of over excavation within basin to allow for placement of amended soil; 4325 Pheasant Ridge Drive NE #6„ � Blaine, MN 55449 � t� 763-39�-307o I F� 763-3I8-3o88 I www.ricecreek.org BOARD OF Barbara A. Haake Harley M. Ogata Patricia L. Preiner Steven P. Wagamon John J. Waller NVANAGERS Ramsey County Ramsey County Anoka County Anoka County Washington County 87 d. Construction of compacted earthen berm around raingarden perimeter; e. Installation of ACD Rain Guardian "Turret" pre-treatment chamber; f. Removal of existing asphalt flume and installation of new concrete spillway and appurtenant concrete work around "Turret" pre-treatment chamber; g. Installation of drain tile as prescribed; h. Installation of new split rail fence for trail safety along raingarden; i. Installation of edging around the planting bed; j. Delivery and installation of double-shredded hardwood mulch; k. Temporary and permanent erosion and sediment controls as needed; I. Final grading and stabilization/restoration of disturbed soils; m. Plant materials and installation labor will be provided for by the RCWD,ACD and volunteers and will not be a part of this contract; n. The City of Fridley will be providing the curb cut for this project per City policy and contractor will be required to coordinate schedule with the City of Fridley accordingly; o. The RCWD may delete concrete-related line items from the contract pending a future decision regarding whether the City of Fridley will provide this service. 3. Construction Limits: a. Access to the site is available from the City road right-of-way as well as the adjacent regional trail; b. All construction activity must be contained to the west of the regional trail and to the east of the neighboring residential property(to be staked in the field by the RCWD/City); c. Tracked equipment must not cross the regional trail without the temporary placement of matting or other trail protections—the contractor will be held solely responsible for any/all damage to the regional trail; d. The regional trail must remain open to pedestrians, bicycle traffic and emergency vehicles at all times in a safe and orderly manner; e. Vehicles and trailers may be parked along the frontage road with appropriate traffic control—to be coordinated with the City of Fridley by the contractor. E. Specific Project Features(estimated): Project implementation will occur at Locke County Park on property owned by the City of Fridley immediately north of the intersection of Brookview Drive NE and Rice Creek Terrace NE in Fridley, MN. A project location map can be found in Exhibit A. Listed below is a preliminary estimate of specific tasks and materials associated with construction of the raingarden. Site-specific plans and material estimates can be found in Exhibit B and Exhibit C, respectively. The Contractor will be responsible for obtaining any required permits associated with this project, although none are anticipated. RCWD staff will be available to assist should any permitting issues arise. The City of Fridley is a project partner and is fully aware of the project. The selected contractor will be responsible for locating utilities within the project area prior to excavating the raingarden basins. Utilities noted on the plan sheets are from design locates conducted in 2013. They are not exact and additional utilities may be present on site. Major utility conflicts are not expected. Public utilities should be buried deep enough for avoidance. The ACD will be assisting the RCWD with construction oversight and staff from both agencies will be available to work with the contractor to adjust plans in the field to avoid unforeseen utility conflicts. 88 F. Total Material Quantity Estimates See Exhibit B for design plans and Exhibit C for material estimates. G. Anticipated Project Timeline(subject to change): Pre-quote meeting February 25, 2014(9:00 a.m.) Price quotes due to RCWD March 14, 2014 (4:30 p.m.) Contractor selection March 26,2014 Begin construction April 7, 2014(weather-dependent) Complete construction May 2,2014 (weather-dependent, no later than May 30 2014) H. Payment: The RCWD will issue an initial payment of 50%of the selected quote to the contractor at their April 9, 2014 regular Board meeting. The final SO% payment will be withheld until project completion as certified by RCWD and ACD staff(final payment date anticipated to be approximately May 28, 2014). I. Deliverables: One raingarden and appurtenances as described herein,completed to the satisfaction of the RCWD and ACD. The raingarden shall infiltrate/filter stormwater as designed and drain out within 48 hours. J. Qualifications&References: Proposals should include the following items and information: • Completed price quote(may use template in Exhibit C or your own line-item template) • Certificate of Liability Insurance naming Rice Creek Watershed District,Anoka Conservation District, City of Fridley and Minnesota Department of Natural Resources as additional insureds carrying the following minimum coverages: A. Commercial general liability (CGL): $1.5 million each occurrence and aggregate, covering completed operations and contract indemnification. B. Automobile liability: combined single limit, each occurrence, coverage for bodily injury and property damage covering all vehicles,$1.5 million. C. Workers'compensation: in accordance with legal requirements applicable to contractor. • Narrative describing the firm's experience installing infiltration practices such as raingardens. • Specific projects that the firm has had a principal role in and that are similar to the work proposed for this project along with contact information for owners of those projects. • Names and qualifications of any subcontractors to be utilized for portions of the project. K. Evaluation of Proposals: Evaluation of project proposal will be a qualitative review conducted by staff and the Board of Managers with emphasis on quote price,qualifications and references as listed above. L. Proposal Due Date: Proposals must be received by the RCWD no later than 4:30 p.m.on Friday, March 14,2014. Submit via mail, email, or in person: Kyle Axtell Rice Creek Watershed District 4325 Pheasant Ridge Drive,Suite 611 Blaine, MN 55449 kaxtellCa�ricecreek.org 89 M. Questions and Point of Contact: Any questions regarding this request for proposai and qualifications should be directed to: Kyle Axtell OR Chris Lord Water Resource Specialist District Manager Rice Creek Watershed District Anoka Conservation District kaxtell@ricecreek.or� chris.lord@anokaswcd.or� (763)398-3072 (763)434-2030 x13 Attached: Exhibit A—Project Location&Concept Photo Exhibit B—Plan Sheets Exhibit C—Materials Estimate (price quote template) 90 � AGENDA ITEM � COUNCIL MEETING OF MARCH 24, 2014 F�� CLAIMS CLAIMS 1403 (ACH PCard) 163160 - 163315 91 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 1 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/20/2014 1403 U.S. BANCORP SERVICE CENTER, I 21065 1,734.26 101-0220-415.42-20 03/OS/2014 REFUND SALES TAX OFFICE MAX 03/2014 3.63- 101-0220-415.42-20 03/OS/2014 OFFICE SUPPLIES OFFICE DEPOT 03/2014 39.32 101-0331-415.42-20 03/OS/2014 OFFICE SIIPPLIES OFFICE DEPOT 03/2014 67.20 101-0331-415.43-37 03/OS/2014 SPEAKER MTG GFOA 03/2014 15.00 101-0332-415.43-34 03/OS/2014 EMPLOYMENT AD MN ASSOC ASSES 03/2014 100.00 101-0332-415.43-37 03/O5/2014 REGISTRAION-SMITH MN ASSOC ASSES 03/2014 225.00 101-0333-415.43-32 03/OS/2014 WEB DOMAIN GODADDY 03/2014 13.57 101-0440-425.42-20 03/05/2014 SALES TAX CREDIT OFFICE MAX 03/2014 4.67- 101-0440-425.42-20 03/OS/2014 OFFICE SUPPLIES OFFICE DEPOT 03/2014 279.58 101-0440-425.42-21 03/OS/2014 HEADPHONE-MONITORING TARGET 03/2014 21.41 101-0440-425.42-21 03/OS/2014 SOFTWARE UPGRADES LEA DATA TECH 03/2014 50.00 101-0440-425.42-21 03/OS/2014 FLASHLIGHT/BATTERIES AMAZON 03/2014 41.99 101-0440-425.42-21 03/OS/2014 KEYS HOME DEPOT 03/2014 4.01 101-0440-425.43-32 03/OS/2014 POSTAGE USPS 03/2014 12.35 101-0440-425.43-37 03/OS/2014 TRAINING LUNCH CUB FOOD 03/2014 10.02 101-0440-425.43-37 03/O5/2014 CONF CAR RENTAL EXPEDIA 03/2014 394.84 101-0440-425.43-37 03/OS/2014 CONF AIRFARE-TITUS USAIRWAYS 03/2014 436.00 101-0440-425.43-37 03/OS/2014 TRAINING MEALS SAMMY/DINO 03/2014 32 .27 03/21/2014 1403 U.S. BANCORP SERVICE CENTER, I 21065 8,370.31 101-0550-425.42-21 03/OS/2014 DOCUMENTS UPGRADE IPAD APPLE STORE 03/2014 8.56 �O 101-0550-425.42-21 03/OS/2014 OATH OFFICE CERTIFICATES AMAZON 03/2014 344.76 N 101-0550-425.42-21 03/OS/2014 CAKE FOR BADGE PINNING CUB 03/2014 65.30 101-0550-425.42-21 03/OS/2014 RECLINERS,MATTRESSES SLUMBERLAND 03/2014 2,500.00 101-0668-435.43-37 03/OS/2014 REFUND CLASS FREDPRYOR 03/2014 69.00- 101-0669-435.43-37 03/O5/2014 REFUND CLASS FREDPRYOR 03/2014 69.00- 101-0669-435.42-22 03/O5/2014 FILE CAB KEYS CENTRAL LOCK 03/2014 3.99 101-0880-465.42-20 03/O5/2014 OFFICE SUPPLIES OFFICE DEPOT 03/2014 59.43 101-0881-465.42-20 03/OS/2014 OFFICE SUPPLIES OFFICE DEPOT 03/2014 10.43 101-0881-465.42-20 03/OS/2014 OFFICE SUPPLIES OFFICEMAX 03/2014 26.72 101-0882-465.42-20 03/OS/2014 OFFICE SUPPLIES OFFICEMAX 03/2014 71.71 270-0771-455.42-21 03/O5/2014 APPS FOR IPAD APPLE STORE 03/2014 5.35 270-0771-455.42-21 03/OS/2014 MICE LAYNELAB 03/2014 187.44 270-0771-455.42-21 03/OS/2014 SCHEDULING BOOKS ACCO BRANDS 03/2014 33.83 270-0771-455.42-21 03/OS/2014 VOLUNTEER DINNER CATERING EL BURRITO 03/2014 370.21 270-0771-455.42-21 03/OS/2014 CRICKETS PET FOOD ETC 03/2014 4.15 270-0771-455.42-21 03/OS/2014 CRAFT SUPPLIES TARGET 03/2014 3 .52 270-0771-455.42-21 03/OS/2014 VOLUNTEER OF THE YR AWARD MAGNACHROME 03/2014 100.40 270-0771-455.42-21 03/OS/2014 NAME PLATE VOL AWARD BLAINESPORTS 03/2014 25.00 101-0666-435.42-22 03/OS/2014 CREDIT FOR KEYS NOT WRKG CITYWIDE LOCK 03/2014 21.96- 101-0666-435.42-20 03/OS/2014 WALL FILES FOR PARKS OFFICEMAX 03/2014 52.38 101-0666-435.43-37 03/OS/2014 PESTICIDE CERTIFICATIONS MN NURSERY 03/2014 507.00 101-0666-435.43-37 03/OS/2014 EMERALD ASH BORER SYMP TREE CARE DIR 03/2014 99.00 101-0666-435.43-37 03/O5/2014 SHADE TREE COURSE UOFM CCE 03/2014 360.00 101-0668-435.42-22 03/OS/2014 GREASE FOR PLOWS MILLS FLEET FRM 03/2014 56. 02 101-0770-455.42-21 03/OS/2014 TROPHY ADULT SPORT LEAGUE BLAIN SPORTS 03/2014 79.27 101-0770-455.42-21 03/OS/2014 CATERING SUPPLIES(LIONS) RESTAURANT DEP 03/2014 203.70 101-0770-455.42-21 03/OS/2014 THEATER TICKETS OLD LOG THEATRE 03/2014 697.00 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 2 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK � CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0770-455.42-21 03/OS/2014 ZONE SUPPLIES CUB 03/2014 21.26 101-0770-455.42-21 03/O5/2014 ZONE DJ FOR VALENTINE DAY PRO SOUND 03/2014 450.00 101-0770-455.42-21 03/O5/2014 ZONE SUPPLIES DOLRTREE 03/2014 13.93 101-0770-455.42-21 03/OS/2014 ZONE DANCE PRIZES MCDONALDS 03/2014 10.00 101-0770-455.42-21 03/O5/2014 CRAFT SUPPLIES HOBBYLOBBY 03/2014 21.08 101-0770-455.42-21 03/OS/2014 CRAFT SUPPLIES MICHAELS 03/2014 11.49 101-0770-455.42-21 03/OS/2014 ZONE SUPPLIES WALMART 03/2014 23.34 101-0770-455.42-21 03/O5/2014 CRAFT SUPPIES MICHAELS 03/2014 19.17 101-0770-455.42-21 03/OS/2014 ZONE SUPPIES TARGET 03/2014 11.30 101-0770-455.42-21 03/OS/2014 ZONE SUPPIES PARTY CITY 03/2014 59.94 101-0770-455.42-21 03/O5/2014 ADMISSIONS SHORVIEW PARKS 03/2014 34.00 270-0771-455.42-21 03/O5/2014 DAY CAMP SUPPLIES TARGET 03/2014 67.83 101-0770-455.42-21 03/O5/2014 MARDI GRAS DOOR PRIZES TARGET 03/2014 100.00 101-0770-455.42-21 03/OS/2014 MARDI GRAS DOOR PRIZES APPLEBEES 03/2014 40.00 101-0770-455.42-21 03/OS/2014 MARDI GRAS DOOR PRIZES EMBERS 03/2014 30.00 101-0770-455.42-21 03/OS/2014 MARDI GRAS DOOR PRIZES WALGREENS 03/2014 50.00 101-0770-455.42-21 03/OS/2014 MARDI GRAS DOOR PRIZES BOBS 03/2014 30.00 101-0770-455.42-21 03/OS/2014 MARDI GRAS DOOR PRIZES PERKINS 03/2014 50.00 101-0770-455.42-21 03/OS/2014 MARDI GRAS SUPPLIES CUB 03/2014 149.00 101-0770-455.42-21 03/O5/2014 MARDI GRAS SUPPLIES CUB 03/2014 29.45 270-0771-455.42-21 03/O5/2014 DISCOVERY DINNER SUPPLIES CUB 03/2014 31.53 270-0771-455.42-21 03/OS/2014 DISCOVERY DINNER SUPPLIES TARGET 03/2014 4.06 270-0771-455.42-21 03/OS/2014 DISCOVERY DINNER SUPPLIES PARTY CITY 03/2014 28.91 �O 101-0440-425.45-40 03/OS/2014 GRAPHICS V#397,398,399 ADVANCED GRAPH 03/2014 1,071.00 W 101-0440-425.45-40 03/OS/2014 USB HUBS V#397,398,399 NATIONAL PRODUC 03/2014 262_36 601-6000-415.42-20 03/OS/2014 OFFICE SUPPLIES OFFICE DEPOT 03/2014 49.63 601-7000-415.42-22 03/OS/2014 HOSE ADAPTERS-FROZEN LINE HOME DEPOT 03/2014 117.24 601-7000-415.42-22 03/OS/2014 MASKING TAPE OFFICEMAX 03/2014 4.74 601-7000-415.43-37 03/OS/2014 EROSION CONTROL CLASS U OF BBE 03/2014 215.00 609-9100-415.42-20 03/O5/2014 RIBBON OFFICE DEPOT 03/2014 23 .94 101-0000-362.61-60 03/OS/2014 QRTLY REBATE US BANK 03/2014 384.95- 270-0771-455.42-21 03/OS/2014 SCHL SUPPLIES AMAZON 03/2014 9.85 03/14/2014 163160 ANOKA COUNTY TREASURER 1048 987.50 101-0333-415.43-32 03/07/2014 BROADBAND B140306K 03/2014 400.00 270-0771-455.43-32 03/07/2014 BROADBAND B140306K 03/2014 400.00 101-0550-425.43-32 03/07/2014 BROADBAND B140306K 03/2014 150.00 101-0770-455.43-32 03/07/2014 BROADBAND B140306K 03/2014 37.50 03/14/2014 163161 ANOKA COUNTY TREASURER 1048 24,329.73 101-0440-425.43-32 03/07/2014 JLEC SHARED COST JI40306F 03/2014 24,329.73 03/14/2014 163162 REPUBLIC SERVICES #899 1082 21, 942.59 237-0000-415.43-40 02/28/2014 FEB RECYCLING SERVICE 0899002434853 03/2014 21, 942.59 03/14/2014 163163 ALEX AIR APPARATUS INC 1122 282 .50 101-0550-425.43-40 03/11/2014 REPLACE OIL PRESSURE SWCH 03/2014 282.50 03/14/2014 163164 APACHE PRINT INC 1147 185.50 101-0770-455.43-35 03/OS/2014 MARCH NEWSLETTER 45575 03/2014 185.50 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 3 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 -- --------------------------------------------------------------------------------- CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ � ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/14/2014 163165 ANOKA COUNTY PROP RECORDS/TAX 1233 368.00 � 101-0880-465.43-40 03/O1/2014 FILING FEES 529 03/2014 368.00 03/14/2014 163166 ACE SOLID WASTE, INC 1241 l�g,�9 101-0660-415.43-40 03/07/2014 MARCH REFUSE HAULING 11165023 03/2014 178.79 03/14/2014 163167 APPRIZE TECHNOLOGY SOLUTIONS, 1294 630.00 704-0000-415.43-30 03/06/2014 ENROLLMENT ADMIN FEES 9358 03/2014 630.00 03/14/2014 163168 APEX PRINT TECHNOLOGIES 1311 3, 018.45 601-6000-415.43-32 03/10/2014 STATEMENT BILLING 162240 03/2014 1,113.75 602-6000-415.43-32 03/10/2014 STATEMENT BILLING 162240 03/2014 548.57 601-6000-415.43-32 03/10/2014 METER CARDS 162240 03/2014 606.13 601-6000-415.43-32 03/10/2014 WEBSITE 162240 03/2014 502.50 602-6000-415.43-32 03/10/2014 WEBSITE 162240 03/2014 247.50 03/14/2014 163169 CLAREY'S SAFETY EQUIP INC 3059 340.00 101-0550-425.42-21 03/12/2014 SENSORS 154487 03/2014 340.00 03/14/2014 163170 COMMUNITY HEALTH CHARITIES 3227 9.62 101-0000-219.08-00 03/14/2014 PAYROLL SUMMARY 20140314 03/2014 9.62 \O /14/2014 163171 CENTERPOINT ENERGY-MINNEGASCO 3252 3,756.16 � 601-7000-415.43-38 03/07/2014 UTILITIES 55134407 03/2014 89.42 101-0669-435.43-38 03/07/2014 UTILITIES 55703078 03/2014 3,096.53 270-0771-455.43-38 03/07/2014 UTILITIES 55302905 03/2014 568.21 03/14/2014 163172 RICK CHASE 3281 50. 00 101-0770-455.43-40 02/28/2014 CHORES/MORE 03/2014 50.00 03/14/2014 163173 CENTURY LINK 3295 719.22 101-0110-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 5.47 101-0220-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 13.67 101-0221-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 9.20 101-0224-415.43-32 03/01/2014 PHONE SERVICE 612Z010553 03/2014 5.48 101-0331-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 32.82 101-0332-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 8 .20 101-0333-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 24.61 101-0440-425.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 265.26 101-0441-425.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 27.35 101-0550-425.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 46.49 101-0660-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 90.24 101-0661-435.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 24.62 101-0669-435.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 35.55 101-0880-465.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 19.14 101-0881-465.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 27.35 101-0882-465.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 10.94 101-0770-455.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 30.08 101-0770-455.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 2.73 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 4 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOIINT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 270-0771-455.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 13.67 601-6000-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 5.47 601-7000-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 5.47 225-0000-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 5.47 237-0000-415.43-32 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 5.47 101-0000-135.00-00 03/O1/2014 PHONE SERVICE 612Z010553 03/2014 5.47 03/14/2014 163174 CENTURY LINK 3295 527.70 101-0669-435.43-32 03/O1/2014 PHONE SERVICE Z010546 03/2014 �3.41 101-0550-425.43-32 03/O1/2014 PHONE SERVICE Z010545 03/2014 219,42 601-7000-415.43-32 03/O1/2014 PHONE SERVICE Z010548 03/2014 103.28 101-0333-415.43-32 03/O1/2014 PHONE SERVICE 5742480 03/2014 32.78 101-0440-425.43-32 03/O1/2014 PHONE SERVICE E830233 03/2014 98.81 03/14/2014 163175 CHARLESTON COUNTY FAMILY COURT 3316 451.50 101-0000-219.19-00 03/14/2014 PAYROLL SUMMARY 20140314 03/2014 451.50 03/14/2014 163176 DRAIN KING 4096 700.00 101-0660-415.43-40 03/07/2014 FROZEN LINE REPAIRS 90147 03/2014 535.00 602-7000-415.43-40 03/07/2014 SINK/DRAIN LINE UNCLOG 90757 03/2014 165.00 03/14/2014 163177 E.C.M. PUBLISHERS INC 5001 231.34 101-0880-465.43-34 03/10/2014 LEGAL NOTICE-PS14-02 LAND 80458 03/2014 64.56 � 101-0224-415.43-40 03/07/2014 LEGAL NOTICE-CHARTER AMD 80457 03/2014 166.78 03/14/2014 163178 JENNIFER ESSER 5106 75.00 101-0770-455.43-40 03/07/2014 BROOMBALL OFFICIAL 03/2014 75.00 03/14/2014 163179 CITY OF FRIDLEY 6023 86.36 101-0440-425.43-37 03/10/2014 REIMB TRAINING LUNCHES PETTY CASH 03/2014 54.60 101-0882-465.42-21 03/10/2014 REIMB LIGHT BULBS PETTY CASH 03/2014 8.51 225-0000-415.42-21 03/10/2014 REIMB BATTERIES PETTY CASH 03/2014 7.50 601-6000-415.42-22 03/10/2014 REIMB HOSE CONNECTIONS PETTY CASH 03/2014 15.75 03/14/2014 163180 FRIENDLY CHEVROLET,INC 6075 946.22 101-0880-465.43-40 O1/09/2014 REPAIRS V#106 802374 03/2014 946.22 03/14/2014 163181 FRIDLEY FIRE RELIEF ASSOC 6088 676.00 101-0000-219.15-00 03/14/2014 PAYROLL SUMMARY 20140314 03/2014 650.00 101-0000-219.18-00 03/14/2014 PAYROLL SUMMARY 20140314 03/2014 26.00 03/14/2014 163182 FRIDLEY POLICE ASSOCIATION 6117 80.00 101-0000-219.22-00 03/14/2014 PAYROLL SUMMARY 20140314 03/2014 80.00 03/14/2014 163183 FLAT ROCK GEOGRAPHICS 6144 6,760.00 601-7000-415.43-40 03/07/2014 MAPPING/DATA COLLECTIONS 800 03/2014 466.67 602-7000-415.43-40 03/07/2014 MAPPING/DATA COLLECTIONS 800 03/2014 466.67 603-7000-415.43-40 03/07/2014 MAPPING/DATA COLLECTIONS 800 03/2014 466.66 101-0880-465.43-30 03/10/2014 MAP FEEDER CUSTOMIZATION 808 03/2014 360.00 101-0882-465.43-30 03/10/2014 MAPFEEDER SETUP-RENTAL 808 03/2014 5, 000.00 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 5 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ' ------------------------------�----------------------------------------------------------------------------------------------------- 03/14/2014 163184 GOPHER STATE ONE-CALL INC 7013 68.25 601-7000-415.43-40 02/28/2014 LOCATES 96365 03/2014 34.13 602-7000-415.43-40 02/28/2014 LOCATES 96365 03/2014 34.12 03/14/2014 163185 G & K SERVICES 7100 44.21 270-0771-455.42-17 02/28/2014 RUGS,MATS 559401 03/2014 44.21 03/14/2014 163186 GENESIS EMPLOYEE BENEFITS 7162 529.30 704-0000-415.43-30 03/10/2014 VEBA,FSA FEES 03/2014 529.30 03/14/2014 163187 HEALTH PARTNERS 8022 375.00 101-0550-425.43-30 03/10/2014 OCCUPATIONAL PHYSICAL 900019649 03/2014 375.00 03/14/2014 163188 INDEPENDENT SCHOOL DIST #14 9006 7,634.75 101-0770-455.43-32 03/06/2014 PHONE SERVICE 03/2014 23.00 101-0770-455.43-32 03/06/2014 PHONE SERVICE 03/2014 46.00 101-0770-455.43-32 03/06/2014 PHONE SERVICE 03/2014 13.60 101-0770-455.43-40 03/06/2014 SECURITY SYS 03/2014 42.11 101-07�0-455.43-50 03/06/2014 BUILDING USAGE 03/2014 7,510.04 03/14/2014 163189 LEAGUE OF MN CITIES INS TRUST 12082 659.50 704-0000-415.43-30 03/10/2014 WORK COMP DEDUCTIBLE 26121,26850 03/2014 659.50 � �/14/2014 163190 LEAGUE OF MN CITIES INS TRUST 12082 54,555.50 101-0000-219.24-00 03/02/2014 2ND QRT WORK COMP 27001 03/2014 54,555.50 03/14/2014 163191 LEAGUE OF MN CITIES INS TRUST 12082 75,310.00 704-0000-415.43-36 03/02/2014 1ST & 2ND QRT MUNI INS 46045 03/2014 75,310.00 03/14/2014 163192 JENNIFER LEAF 12181 45.00 101-0770-455.43-40 03/10/2014 CHORES/MORE 03/2014 45.00 03/14/2014 163193 MINNESOTA SAFETY COUNCIL INC 13041 442.00 101-0770-455.42-21 03/06/2014 DEF DRIVING MATERIALS 27494 03/2014 442.00 03/14/2014 163194 MAVO SYSTEMS 13147 750.00 408-0005-415.43-40 03/07/2014 ASBESTOS REMOVAL-FIRE ENT 45633 03/2014 750.00 03/14/2014 163195 MULTICARE ASSOCIATES 13214 135.00 101-0331-415.43-30 03/07/2014 PRE-EMPLOYMENT DRUG TEST 03/2014 45.00 601-6000-415.43-30 03/07/2014 PRE-EMPLOYMENT DRUG TEST 03/2014 90.00 03/14/2014 163196 MINN FIRE SERVICE CERT BOARD 13229 700.00 101-0550-425.43-31 03/04/2014 CERTIFICATIONS 2458 03/2014 700.00 03/14/2014 163197 MINNESOTA ELEVATOR INC 13236 139.72 101-0660-415.43-40 03/07/2014 FEB MAINTENANCE 304386 03/2014 139.72 03/14/2014 163198 MENARDS - FRIDLEY 13256 286.59 101-0666-435.42-22 03/11/2014 LUMBER,MAT FOR ICE RINKS 58710 03/2014 286.59 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 6 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/14/2014 163199 MINN CHILD SUPPORT PAYMENT CEN 13307 6.93 101-0000-219.19-00 03/14/2014 PAYROLL SUMMARY 20140314 03/2014 6.93 03/14/2014 163200 CAROL MEYER 13454 2,120.00 101-1000-415.43-37 03/12/2014 SCHL REIMB WINTER 2014 G401CP0 03/2014 1,190.00 101-1000-415.43-37 03/12/2014 SCHL REIMB WINTER 2014 F490 03/2014 930.00 03/14/2014 163201 MARY MILLETT 13469 160.58 101-0770-455.43-40 02/26/2014 REC INSTRUCTOR 03/2014 160.58 03/14/2014 163202 NORTH AMERICAN SALT CO 14037 11,200.41 101-0668-435.42-22 03/04/2014 ROAD SALT 03/2014 11,200.41 03/14/2014 163203 NORTHERN SANITARY SUPPLY INC 14089 301.00 101-0660-415.42-22 03/07/2014 PAPER TOWELS 167166 03/2014 301.00 03/14/2014 163204 N.A.S.R.O.-NATL ASSOC OF SCHOO 14098 500.00 101-0440-425.43-37 02/28/2014 CONFERENCE-TITUS 15613CONF 03/2014 500.00 03/14/2014 163205 NORTHERN SALT, INC 14175 691.04 101-0668-435.42-22 03/06/2014 CALCIUM CHL ROAD SALT 4490 03/2014 691.04 �O /14/2014 163206 OFFICE DEPOT INC 15004 379.29 � 101-0220-415.42-20 02/28/2014 OFFICE SUPPLIES 42116799 03/2014 146.12 225-0000-415.42-20 02/28/2014 OFFICE SUPPLIES 42116799 03/2014 30.96 101-0669-435.42-20 02/28/2014 OFFICE SUPPLIES 42116799 03/2014 96.88 101-0550-425.42-20 02/28/2014 OFFICE SUPPLIES 42116799 03/2014 39.40 101-0882-465.42-20 02/28/2014 OFFICE SUPPLIES 42116799 03/2014 65.93 03/14/2014 163207 OPEN YOUR HEART 15011 25.00 101-0000-219.08-00 03/14/2014 PAYROLL SUMMARY 20140314 03/2014 25.00 03/14/2014 163208 OFFICE ENVIRONMENT BROKERS INC 15021 386.00 101-0882-465.42-21 03/10/2014 SHELVES,LIGHTS 24173 03/2014 386.00 03/14/2014 163209 POSTMASTER 16024 1,500.00 601-6000-415.43-32 03/OS/2014 BUSINESS RPLY MAIL 13637 13637000 03/2014 1,500.00 03/14/2014 163210 PERFECT 10 CAR WASH 16062 3 .99 101-0881-465.43-40 02/28/2014 CAR WASH 03/2014 3 .99 03/14/2014 163211 PREMIUM WATERS, INC 16187 68.85 101-0550-425.43-40 03/12/2014 2ND QRTLY SERVICE 6283090214 03/2014 68.85 03/14/2014 163212 STREICHER'S 19050 1,157.73 240-0000-425.42-21 02/OS/2014 COMBAT REF CARDS 1074063, 1075580 03/2014 14.85 101-0440-425.42-17 02/12/2014 DUTY BOOTS 1074286 03/2014 154.99 101-0440-425.42-17 03/22/2014 UNIFORMS 1074883 03/2014 115. 00 101-0440-425.42-17 02/24/2014 UNIFORMS 1075763 03/2014 254. 99 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 7 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0441-425.42-17 02/26/2014 NAMEPLATE 1076344 03/2014 7.99 101-0440-425.42-17 02/28/2014 UNIFORMS 1076965 03/2014 51.00 101-0440-425.42-17 02/28/2014 UNIFORMS 1076967 03/2014 102.00 101-0440-425.42-17 02/28/2014 UNIFORMS 4893,5637,50,89 03/2014 211.99 101-0440-425.42-17 02/11/2014 UNIFORMS 1073980, 1076352 03/2014 113.94 101-0440-425.42-17 02/10/2014 UNIFORMS 1076586, 1073720 03/2014 130.98 03/14/2014 163213 SUBURBAN TIRE WHOLSALE, INC 19229 1,920.40 101-0000-143.00-00 02/19/2014 TIRES 10123906 03/2014 1,920.40 03/14/2014 163214 SHRED RIGHT 19359 66.56 101-0660-415.43-40 03/07/2014 PAPER SHREDDING 173320 03/2014 66.56 03/14/2014 163215 TAHO SPORTSWEAR 20014 424.55 101-0770-455.42-17 02/27/2014 LEAGUE T-SHIRTS 14TF0237 03/2014 252.50 101-0770-455.42-17 02/27/2014 AFTER SCHOOL SUPPLIES 14TF0237 03/2014 172.05 03/14/2014 163216 TERRY OVERACKER PLUMBING 20029 72.00 101-0880-465.43-40 03/03/2014 INSPECTIONS 39232 03/2014 72.00 03/14/2014 163217 TEN THOUSAND LAKES CHAPTER OF 20035 220.00 101-0880-465.43-37 03/11/2014 REGISTRATION-JENSEN 66519719 03/2014 220.00 \p-/14/2014 163218 TOSHIBA BUSINESS SOLUTIONS 20060 17.70 � 101-0669-435.43-35 03/OS/2014 PRINTER USAGE 10776798 03/2014 17.70 03/14/2014 163219 ZCOFTL FRIDLEY,LLC 20130 12,517.82 609-9100-415.43-41 03/07/2014 MARCH LEASE PMT 470001A00000367 03/2014 12,517.82 03/14/2014 163220 TWENTY-FOUR RESTORE 20156 3, 099.93 101-0660-415.43-40 03/OS/2014 SEWER BACKUP CLEANUP 140268M 03/2014 1,532.59 602-7000-415.43-40 02/28/2014 SEWER BACKUP CLEANUP 140266M 03/2014 1,567.34 03/14/2014 163221 UNITED WAY 21035 25.00 101-0000-219.08-00 03/14/2014 PAYROLL SUMMARY 20140314 03/2014 25.00 03/14/2014 163222 UNITED BUSINESS MAIL 21064 1,190.30 101-0000-135.00-00 02/25/2014 POSTAGE 341001 03/2014 7.14 101-0220-415.43-32 02/25/2014 POSTAGE 341001 03/2014 97.25 101-0223-415.43-32 02/25/2014 POSTAGE 341001 03/2014 29.76 101-0331-415.43-32 02/25/2014 POSTAGE 341001 03/2014 197.35 101-0332-415.43-32 02/25/2014 POSTAGE 341001 03/2014 4.05 101-0440-425.43-32 02/25/2014 POSTAGE 341001 03/2014 199.37 101-0550-425.43-32 02/25/2014 POSTAGE 341001 03/2014 49.40 101-0668-435.43-32 02/25/2014 POSTAGE 341001 03/2014 39.04 101-0661-435.43-32 02/25/2014 POSTAGE 341001 03/2014 88.68 101-0770-455.43-32 02/25/2014 POSTAGE 341001 03/2014 90.10 101-0770-455.43-32 02/25/2014 POSTAGE 341001 03/2014 3 .09 101-0980-465.43-32 02/25/2014 POSTAGE 341001 03/2014 48.68 101-0881-465.43-32 02/25/2014 POSTAGE 341001 " 03/2014 123.79 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 8 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 101-0882-465.43-32 02/25/2014 POSTAGE 341001 03/2014 63.92 225-0000-415.43-32 02/25/2014 POSTAGE 341001 03/2014 .48 237-0000-415.43-32 02/25/2014 POSTAGE 341001 03/2014 7.86 270-0771-455.43-32 02/25/2014 POSTAGE 341001 03/2014 59.28 601-7000-415.43-32 02/25/2014 POSTAGE 341001 03/2014 80.58 609-9100-415.43-32 02/25/2014 POSTAGE 341001 03/2014 .48 03/14/2014 163223 VOIGT'S BUS COMPANIES 22048 442.09 101-0770-455.43-33 03/10/2014 BUS SERVICE 61869 03/2014 442.09 03/14/2014 163224 W.S.B. & ASSOCIATES INC 23012 4,325.00 603-7500-415.43-30 03/07/2014 WEIRS PROJECT 6 03/2014 3,591.00 603-7500-415.43-30 O1/31/2014 STONEYBROOK PROJ 5 03/2014 734.00 03/14/2014 163225 WENCK ASSOCIATES,INC 23070 13, 047.90 603-7500-415.43-30 02/28/2014 OAK GLEN PROJ 11400771 03/2014 13, 047.90 03/14/2014 163226 XCEL ENERGY 24002 96.98 101-0550-425.43-38 03/07/2014 UTILITIES 404068436 03/2014 85.60 101-0666-435.43-38 03/07/2014 UTILITIES 404095444 03/2014 11.38 03/14/2014 163227 YELLOW DOG UPHOLSTERY 25016 150.00 602-7000-415.43-40 03/06/2014 REPAIR DRIVERS SEAT 3788 03/2014 150.00 � �/14/2014 163228 ZEE MEDICAL SERVICE CO 26014 78.25 101-0669-435.42-21 03/10/2014 FIRST AID SUPPLIES 54105568 03/2014 44.55 101-0666-435.42-21 03/10/2014 FIRST AID SUPPLIES 54105568 03/2014 33.70 03/14/2014 163229 LIJAH RIEDEL 2014576 65. 00 101-0000-347.82-51 02/28/2014 REC REFUND 03/2014 65.00 03/20/2014 163230 ANOKA COUNTY CENTRAL COMMUNICA 1005 13, 740.30 410-0440-425.45-40 O1/09/2014 RADIO SYSTEM V#397 2014021 03/2014 4, 358.60 410-0440-425.45-40 O1/09/2014 MICROPHONE V#301 2014022 03/2014 664.50 410-0440-425.45-40 O1/09/2014 RADIO SYSTEM V#399 2014025 03/2014 4,358.60 410-0440-425.45-40 O1/09/2014 RADIO SYSTEM V#398 2014023 03/2014 4,358.60 03/20/2014 163231 APACHE GROUP OF MINNESOTA,INC 1047 843.11 101-0660-415.42-22 03/17/2014 PAPER PRODUCTS 171267 03/2014 492. 00 101-0669-435.42-22 03/17/2014 PAPER PRODUCTS 171267 03/2014 90.20 101-0440-425.42-22 03/17/2014 PAPER PRODUCTS 171267 03/2014 123.00 101-0550-425.42-22 03/17/2014 PAPER PRODUCTS 171267 03/2014 105.12 270-0771-455.42-22 03/17/2014 PAPER PRODUCTS 171267 03/2014 16.40 601-7000-415.42-22 03/17/2014 PAPER PRODUCTS 171267 03/2014 16.39 03/20/2014 163232 ADVANCE COMPANIES INC 1061 3,319.00 408-0005-415.43-40 03/04/2014 REPLACE FLOOR IN RANGE 8491 03/2014 3,319.00 03/20/2014 163233 DON ABBOTT 1086 50.00 101-0440-425.43-32 03/14/2014 REIMB CELL PHONE-MARCH 03/2014 50.00 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 9 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRA DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/20/2014 163234 AMAZON.COM 1134 205.62 101-0333-415.42-21 03/10/2014 CABLES,ADAPTERS,USB DRVS 03/2014 205.62 03/20/2014 163235 APACHE PRINT INC 1147 2,385.56 270-0771-455.43-35 03/10/2014 CAMP/SPR FLING FLYERS 45563,45562 03/2014 2,385.56 03/20/201.4 163236 ANOKA COUNTY LICENSE CENTER 1214 1,973.84 101-0440-425.42-21 03/18/2014 PLATES V#301,332 03/2014 1,849.34 240-0000-425.42-21 03/18/2014 RE-TITLE FORFEITURES 03/2014 124.50 03/20/2014 163237 ASSOC OF TRAINING OFFICERS/MN- 1217 725.00 101-0550-425.43-37 03/18/2014 REGISTRATION-HAMDORF 66828878 03/2014 725.00 03/20/2014 163238 ALLINA HEALTH SYSTEM 1244 400.00 101-0440-425.42-21 OZ/13/2014 ADULT ELECTRODES 03/2014 400.00 03/20/2014 163239 ASTLEFORD INTERNATIONAL TRUCKS 1246 15.15 101-0000-144.00-00 03/03/2014 SLEEVE T296614 03/2014 15.15 03/20/2014 163240 ALBRECHT SIGN & GRAPHICS,INC 1285 49.50 601-6000-415.42-20 03/17/2014 NAME PLATES 20819 03/2014 33.00 � 101-0331-415.42-20 03/17/2014 NAME PLATES 20819 03/2014 16.50 O O �20/2014 163241 ADVANCE SHORING COMPANY 1304 195.58 408-0005-415.43-41 03/12/2014 SHORING PARKING RAMP 0214161 03/2014 195.58 03/20/2014 163242 ALPHA MEDICAL EQUIPMENT 1309 340.95 240-0000-425.42-21 02/11/2014 PINNED DOWN KIT 1076 03/2014 340.95 03/20/2014 163243 AUTONATION FORD 1312 1,060.82 101-0550-425.43-40 02/26/2014 REPAIRS V#284 03/2014 931.82 101-0440-425.43-40 02/26/2014 REMOVE DECALS 03/2014 129.00 03/20/2014 163244 BATTERIES PLUS 2004 29.99 602-7000-415.42-22 03/12/2014 BATTERY LIFT STA 028408764 03/2014 29.99 03/20/2014 163245 BARTON SAND & GRAVEL CO 2005 1,978.74 601-7500-415.42-22 03/14/2014 WASH SAND,CLASS 5 03/2014 1,489.05 101-0668-435.42-22 03/14/2014 WASH SAND,CLASS 5 03/2014 489.69 03/20/2014 163246 KEVEN BECKLIN 2052 10.00 601-7000-415.43-33 03/07/2014 REIM PARKING-TRAINING 03/2014 10.00 03/20/2014 163247 CITY OF COLUMBIA HEIGHTS 3022 7, 729.01 101-0661-435.43-40 03/13/2014 1ST QRT GIS SERVICE 03/2014 7,729.01 03/20/2014 163248 CULLIGAN 3067 324.70 601-7000-415.43-41 02/28/2014 SOFTENER RENTAL 100X04413303 03/2014 126.45 601-7000-415.42-22 02/28/2014 SALT 100X04413303 03/2014 198.25 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 10 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/20/2014 163249 DALLAS INTERNATIONAL 3070 728.00 601-6000-415.42-21 03/17/2014 HEADSETS 50456 03/2014 485.33 101-0331-415.42-21 03/17/2014 HEADSETS 50456 03/2014 242.67 03/20/2014 163250 C.D.W. GOVERNMENT, INC 3163 3,949.55 705-0000-415.42-21 03/11/2014 TAPE DRIVE,ULTRIUM TAPE 17937,925,999 03/2014 3,949.55 03/20/2014 163251 CENTERPOINT ENERGY-MINNEGASCO 3252 1,108.03 609-9100-415.43-38 03/12/2014 UTILITIES 97917173 03/2014 1,108.03 03/20/2014 163252 CENTURY LINK 3295 36.88 270-0771-455.43-32 03/10/2014 PHONE SERVICE 7848676 03/2014 36.88 03/20/2014 163253 CENTURY LINK 3296 74.70 101-0220-415.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 .03 101-0221-415.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 5.64 101-0224-415.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 .90 101-0331-415.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 15.17 101-0440-425.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 41.10 101-0550-425.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 1.09 101-0669-435.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 .18 101-0881-465.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 2.98 � 101-0882-465.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 3.25 F+ 101-0770-455.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 .79 270-0771-455.43-32 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 3.4� 101-0000-135.00-00 03/03/2014 LONG DIST PHONE SERVICE 1293610108 03/2014 .10 03/20/2014 163254 COCHRAN RECOVERY SERVICES, INC 3319 134.00 101-0440-425.43-40 03/18/2014 DETOX TRANSPORTATION 33568 03/2014 134.00 03/20/2014 163255 DELANEY CONSULTING, LLC 4072 2,100.00 609-9100-415.43-30 03/14/2014 MRKT RESRCH,DATA ANALYSIS 03/2014 2,100.00 03/20/2014 163256 D.L.T. SOLUTIONS, INC 4073 1,885.83 101-0669-435.43-31 03/03/2014 AUTOCAD SUBSCRIPTION SI248770 03/2014 1,885.83 03/20/2014 163257 DAVID BANK STUDIOS 4142 350.00 101-0440-425.43-40 03/18/2014 MOUNTED PHOTOS FPD CHZEFS 6239 03/2014 350.00 03/20/2014 163258 D.K.N. CONSTRUCTION, LLC 4155 550.00 101-0660-415.43-40 03/13/2014 DEMO SHEET ROCK/PATCH 12272 03/2014 550.00 03/20/2014 163259 EMERGENCY AUTOMOTIVE TECHNOLOG 5073 1,398.80 240-0000-425.42-25 03/03/2014 GPS RECEIVER,CABLE AW0305149 03/2014 1,128.40 101-0000-144.00-00 03/06/2014 LINEAR LED AMBER AW02271411 03/2014 270.40 03/20/2014 163260 EMERGENCY RESPONSE SOLUTIONS,L 5103 1,348.06 101-0550-425.42-22 03/13/2014 SCBA PARTS,RES CARABINER 1697,1698 03/2014 1,348.06 03/20/2014 163261 ENDE SEPTIC SERVICES, LLC 5107 185.00 601-7000-415.43-40 02/08/2014 JET WTR LINE-HILLCREST 03/2014 185.00 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 11 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/20/2014 163262 CITY OF FRIDLEY 6023 40.94 601-0000-245.00-00 03/12/2014 UB CR REFUND-FINALS 000151505 03/2014 40.94 03/20/2014 163263 FOTH INFRASTRUCTURE & ENVIROME 6028 102.00 602-7500-415.43-30 03/11/2014 INFILTRATSON/INFLOW 38127 03/2014 102.00 03/20/2014 163264 FRONTIER PRECISION, INC 6158 1,150.00 101-0661-435.43-37 03/18/2014 CLASS-SURVEY EQUIPMENT 123963 03/2014 1,150.00 03/20/2014 163265 GROTH SEWER & WATER 7146 1, 000.00 601-7000-415.43-40 02/08/2014 DIG UP WTR SERVICE-JETTER 5793 03/2014 1,000.00 03/20/2014 163266 MYRA HARRIS-JOHNSON 8016 50.00 101-0440-425.43-32 03/14/2014 REIMB CELL PHONE-MARCH 03/2014 50.00 03/20/2014 163267 HOLIDAY CREDIT OFFICE 8023 222_38 101-0440-425.42-12 02/28/2014 FUEL 03/2014 169.92 101-0440-425.42-12 02/28/2014 FUEL 03/2014 52.46 03/20/2014 163268 KIM AERRMANN 8056 25.00 101-0550-425.43-32 03/14/2014 REIMB CELL PHONE-MARCH 03/2014 25.00 0 /20/2014 163269 HAWKINS INC 8093 3,962.36 N 601-7000-415.42-22 03/11/2014 WATER CHEMICALS 3571524 03/2014 3,424.00 601-7000-415.42-22 02/28/2014 WATER CAEMICALS 3568500 03/2014 538.36 03/20/2014 163270 HAGEN,CHRISTENSEN & MCILWAIN 8107 11, 075.00 408-0005-415.43-30 03/13/2014 FEB SERVICES-WORK STUDY 13655 03/2014 11,075.00 03/20/2014 163271 HENRY'S WATERWORKS, INC 8148 198.80 601-7500-415.42-22 03/11/2014 REPAIR CLAMP WTR BRK 16983 03/2014 198.80 03/20/2014 163272 MATTHEW KOHNER 11113 50.00 101-0550-425.43-32 03/14/2014 REIMB CELL PHONE-MARCA 03/2014 50.00 03/20/2014 163273 LEVANDER,GILLEN & MILLER, PA 12013 9,851.50 101-0222-415.43-30 02/28/2014 FEB ATTY FEES 03/2014 9,851.50 03/20/2014 163274 LEAGUE OF MINNESOTA CITIES 12015 20.00 101-0331-415.43-37 03/13/2014 SAFETY/LOSS WRKSHOP 197756 03/2014 20.00 03/20/2014 163275 LENZMEIER, DAVID 12019 155.00 101-0770-455.43-40 02/21/2014 CHORES/MORE SERV 03/2014 65.00 101-0770-455.43-40 03/18/2014 CHORES/MORE SERV 03/2014 90.00 03/20/2014 163276 MAC QUEEN EQUIPMENT INC 13006 939.17 101-0000-144.00-00 03/11/2014 PTO SHAFT 2141862 03/2014 939.17 03/20/2014 163277 MIDWEST TESTING 13011 4,090.99 601-7500-415.43-40 03/11/2014 WTR SPEC METER HEAD ASSMB 3126 03/2014 4, 090.99 PREPARED 03/Z1/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 12 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/20/2014 163278 MINN DEPT OF LABOR & INDUSTRY 13150 100.00 101-0660-415.43-31 03/12/2014 ANNUAL ELEVATOR LIC FEE ALR00374941 03/2014 100.00 03/20/2014 163279 MINN CHIEFS OF POLICE ASSOC 13197 59.90 101-0440-425.43-35 03/18/2014 HANDGUN PERMIT FORMS 7350741 03/2014 59.90 03/20/2014 163280 MENARDS - FRIDLEY 13256 62 .90 101-0660-415.42-22 03/14/2014 CLEANING/MAINT SUPPLIES 58972 03/2014 62.90 03/20/2014 163291 STEVEN MONSRUD 13280 50.00 101-0440-425.43-32 03/14/2014 REIMB CELL PHONE-MARCH 03/2014 50.00 03/20/2014 163282 MINN HWY SAFETY/RESEARCH CTR-M 13359 1,188.00 101-0440-425.43-37 O1/21/2014 DRIVING SCHL 6294303682 03/2014 1,188.00 03/20/2014 163283 JIM MORK 13368 50.00 101-0440-425.43-32 03/14/2014 REIMB CELL PHONE-MARCH 03/2014 50.00 03/20/2014 163284 CHRISTOPHER MC CLISH 13415 50.00 101-0440-425.43-32 03/14/2014 REIMB CELL PHONE-MARCH 03/2014 50.00 03/20/2014 163285 M.P.F.F. 13470 120.00 � 101-0550-425.43-37 03/12/2014 CONF REGISTRAIONS 03/2014 120.00 W 03/20/2014 163286 NELSON AUTO CENTER 14044 27,516.82 410-0440-425.45-40 O1/14/2014 FORD INTERCEPTOR V#301 F4290 03/2014 27,516.82 03/20/2014 163287 DARIN NELSON 14169 50.00 101-0331-415.43-32 03/14/2014 REIMB CELL PHONE-MARCH 03/2014 50.00 03/20/2014 163288 NUSS TRUCK AND EQUIPMENT 14185 121.08 101-0000-144.00-00 03/06/2014 FUEL/OIL FILTERS 4391843P 03/2014 121.08 03/20/2014 163289 OUTSIDE MAINTENANCE, INC 15072 408.75 101-0660-415.43-40 03/12/2014 SHOVEL/SALT WALKS 11662 03/2014 408.75 03/20/2014 163290 POSTMASTER 16024 3,400.00 101-0770-455.43-32 03/17/2014 POSTAGE PERMIT#92886 PERMIT#92886 03/2014 1,134.00 101-0770-455.43-32 03/17/2014 POSTAGE PERMIT#92886 PERMIT#92886 03/2014 1,133.00 270-0771-455.43-32 03/17/2014 POSTAGE PERMIT#92886 PERMIT#92886 03/2014 1,133.00 03/20/2014 163291 POSTMASTER 16024 220.00 601-6000-415.43-32 03/13/2014 PERMIT FEE P#13637-000 13637000 03/2014 220.00 03/20/2014 163292 PETCO 16146 162.36 101-0440-425.42-21 02/11/2014 K-9 SUPPLIES OA052738 03/2014 76.98 101-0440-425.42-21 02/11/2014 K-9 SUPPLIES OA052739 03/2014 85.38 03/20/2014 163293 PEACHTREE BUSINESS PRODUCTS 16162 280.00 101-0224-415.42-21 03/11/2014 TREE TRIMMER LIC STZCKERS 03/2014 280.00 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 13 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/20/2014 163294 REYNOLDS RAVE-WEAR 18017 2,844.22 270-0771-455.42-21 03/11/2014 CAMP SUPPLIES 03/2014 2,844.22 03/20/2014 163295 STANDARD INSURANCE COMPANY 19063 5,121.87 101-0000-219.12-00 03/O1/2014 MARCH LIFE INS PREMIUMS 643900 03/2014 2,899.24 101-0000-135.00-00 03/O1/2014 MARCH LIFE INS PREMIUMS 643900 03/2014 57.50 101-0000-219.12-00 03/O1/2014 JAN/FEB ADJ INS PREMIUMS 643900 � 03/2014 26.75 101-0000-219.23-00 03/O1/2014 JAN/FEB ADJ INS PREMIUMS 643900 03/2014 8.50 101-0000-219.23-00 03/O1/2014 MARCH LTD INS PREMIUMS 643900 03/2014 2,104.90 101-0000-135.00-00 03/01/2014 MARCH LTD INS PREMIUMS 643900 03/2014 24.98 03/20/2014 163296 SUBURBAN TIRE WHOLSALE, INC 19229 4,237.06 � 101-0000-143.00-00 03/06/2014 TIRES 10124149 03/2014 502.76 101-0000-143.00-00 03/06/2014 TIRES 10124148 03/2014 2,392.48 101-0000-143.00-00 03/04/2014 TIRES 10124095 03/2014 196.78 101-0000-143.00-00 03/04/2014 TIRES 10124088 03/2014 1,145.04 03/20/2014 163297 STIMEY ELECTRIC 19255 1,318.40 101-0660-415.43-40 03/13/2014 CIRCUIT REPAIRS,STEP LGHT 2318,2320 03/2014 708.70 408-0005-415.43-40 03/13/2014 ADA ENTRANCE ELECTRICAL 2319 03/2014 609.70 03/20/2014 163298 SIGNS BY TOMORROW 19314 158.61 p 101-0881-465.43-40 03/12/2014 LOGO COM DEV V#105 03/2014 158.61 A 03/20/2014 163299 STANTEC CONSULTING SERVICE, IN 19362 148.00 408-0005-415.43-30 03/18/2014 ENG SERV FIRE ADA DOOR 771902 03/2014 148.00 03/20/2014 163300 SOUTH SIDE ELECTRIC, INC 19378 264.85 101-0550-425.43-40 03/18/2014 RECEPTACLES/CABLES 327982 03/2014 264.85 03/20/2014 163301 LYNN TORKILDSON 20016 26.25 101-0770-455.43-40 03/12/2014 CHORES/MORE 03/2014 26.25 03/20/2014 163302 TERRY OVERACKER PLUMBING 20029 648.00 101-0880-465.43-40 03/10/2014 INSPECTIONS 39234,235,236 03/2014 216.00 101-0880-465.43-40 03/10/2014 INSPECTIONS 39237-39242 03/2014 432.00 03/20/2014 163303 U.S. HEALTHWORKS MEDICAL GRP O 21045 636.00 101-0440-425.43-30 03/18/2014 PRE-EMPLOYMNT EXAM 0029822 03/2014 636.00 03/20/2014 163304 VALLEY-RICH CO INC 22006 8, 922.00 601-7500-415.43-40 02/15/2014 WATER MAIN BREAK-TERRACE 19821 .03/2014 8,922.00 03/20/2014 163305 VERIZON WIRELESS 22050 26.02 101-0550-425.43-32 03/03/2014 WIRELESS SERVICE 9721205961 03/2014 26.02 03/20/2014 163306 WAL-MART COMMUNITY/GEMB '23024 81.64 270-0771-455.42-21 03/10/2014 VOLUNTEER DINNER SUPPLIES 03/2014 81.64 03/20/2014 163307 BRIAN WEIERKE 23042 50.00 101-0440-425.43-32 03/14/2014 REIMB CELL PHONE-MARCH 03/2014 50.00 PREPARED 03/21/2014, 9:38:41 A/P CHECKS BY PERIOD AND YEAR PAGE 14 PROGRAM: GM350L CITY OF FRIDLEY FROM 03/10/2014 TO 03/21/2014 BANK CODE 00 ------------------------------------------------------------------------------------------------------------------------------------ CHECK CHECK CHECK DATE NUMBER VENDOR NAME VENDOR # AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT ------------------------------------------------------------------------------------------------------------------------------------ 03/20/2014 163308 THOMSON REUTERS-WEST GOVT SERV 23054 146.83 101-0440-425.43-40 03/18/2014 FEB INFORMATION CHARGES 829137285 03/2014 146.83 03/20/2014 163309 WATER CONSERVATION SERVICE, IN 23059 2,346.52 601-7000-415.43-40 03/04/2014 LEAK LOCATES 4761 03/2014 2,346.52 03/20/2014 163310 XCEL ENERGY 24002 24,805.04 601-7000-415.43-38 03/11/2014 UTILITIES 404460185 03/2014 14,852.70 101-0669-435.43-38 03/11/2014 UTILITIES 405005760 03/2014 1,682.99 609-9200-415.43-38 03/11/2014 UTILITIES 404268140 03/2014 1,053.16 101-0660-415.43-38 03/11/2014 UTILITIES 404242859 03/2014 4,313.24 101-0440-425.43-38 03/11/2014 UTILITIES 404247129 03/2014 923.42 609-9100-415.43-38 03/11/2014 UTILITIES 404183848 03/2014 1, 979.53 03/20/2014 163311 YALE MECHANICAL INC 25003 ' 2,030.25 101-0660-415.43-40 03/18/2014 MAINTENANCE 146340 03/2014 2,030.25 03/20/2014 163312 ZEPHYRWARE,LLC 26027 750.00 705-0000-415.43-30 03/18/2014 FIRE INSP SOFTWARE 029 03/2014 750.00 03/20/2014 163313 BONNELL, BARBARA 99999 55.57 � 601-0000-245.00-00 03/12/2014 UB CR REFUND-FINALS 000052035 03/2014 55.57 O (� /20/2014 163314 MALLOW, KEITH 99999 46.32 601-0000-245.00-00 03/12/2014 UB CR REFUND-FINALS 000037135 03/2014 46.32 03/20/2014 163315 HURT, CLYDE 99999 29.99 601-0000-245.00-00 03/12/2014 UB CR REFUND-FINALS 000080455 03/2014 29.99 DATE RANGE TOTAL � 446,063.98 * ` CITY COUNCIL MEETING OF MARCH 24, 2014 F�O� BUSINESS LICENSE LIST NEW TYPE OF LICENSE: APPLICANT: APPROVED BY: Temporary Food Fridley Fire"Flames"Auxilary Public Safety Director 6431 University Ave NE Fire Marshall Katherine Messer,President Plannin Coordinatar RENEWALS TYPE OF LICENSE: APPLICANT: APPROVED BY: Food Bobs Produce Ranch Public Safety Director 7620 University Ave NE Fire Marshall Michael E Schroer,President Plannin Coordinator Heartland Midwest dba Burger King#13091 289 57`�Ave NE Joel Aaseb , CFO SL LLC dba Chaticlear Pizza 1262 E Moore Lake Drive Mohammed Anwar Karim,President Dolly Belle LLC dba Dunn Bros Coffee 7610 University Ave NE Steven P Gudium,President LTF Club Operations Company Dba Life Cafe 1200 E Moore Lake Drive James N S olar, Secret Medtronic World Headquarters Dba Bon Appetite Management Group 7000 Central Ave NE Michael Bauccio,COO Medtronic World Headquarters Dba Bon Appetite Management Group 710 Medtronic Way Michael Bauccio,COO Mike's Discount Foods Inc 230 Osborne Road Michael R Abernath ,President Old Country Buffet#002 6540 University Avenue NE Gre o M Ts'vold 106 March 24,2014 License List Page 2 TYPE OF LICENSE: APPLICANT: APPROVED BY: Food(Continued) Perkins Restaurant&Bakery#1041 7520 University Ave NE Anita Gates,A/R Coardinator PKS Inc dba Subway @ Moore Lake 1029 E Moore La1ce Drive NE Pe K Schmitz, Owner Wong's Gourmet 1254 E Moore Lake Dr Zhi Hui Wu,Owner Food and Tobacco Discount Tobacco and Grocery Public Safety Director 315 Osborne Road Fire Marshall Haidari Bilal,Owner Plannin Coordinator Walgreens, Store#04697 6525 University Ave NE Michael Felish,Ass't Secre Food,Tobacco and Retail Gas Bona Bros Food&Fuel Public Safety Director 5311 University Ave NE Fire Marshall John P Bona,President Plannin Coordinator Fridley BP 6485 E River Road Youssef H Rma i,President Holiday Station Stores 200 57`�Ave NE James R Hu ,Ass't Secre Holiday Station Stores 5695 Hackmann Ave NE James R Hu ,Ass't Secre Fridley Minnoco 7680 Highway 65 NE Llo d R Rin , Owner Super Stop 5300 Central Ave NE Raees Chohan,CEO University Holiday Market 7295 University Avenue NE Andrea K Drake,President HoteUMotel Budget Host Public Safety Director 6881 Highway 65 Fire Marshall Di esh N Bhank,President Plannin Coordinator Massage Therapy Lifetime Spa—Lifetime Fitness Public Safety Director 1200 E Moore Lake Drive Krista Havlik and Diane Murakami 107 March 24,2014 License List Page 3 TYPE OF LICENSE: APPLICANT: APPROVED BY: (Massage Therapy Continued) Therapeutic Massage by Karen 6558 University Ave NE Karen Sathre Therapeutic Massage by Sharon 7091 Highway 65 NE Shazon Slo er Motor Vehicle Body Repair Newman Automotive LLC dba Public Safety Director Fridley Auto Body Fire Marshall 960 Osborne Road Planning Coordinator Yolanda Newman,Officer Sams Auto World 7570 Highway 65 NE � Samir Awai'ane,President Pawn Shop Cash-N-Pawn International Ltd Public Safety Director Dba Matc-it Pawn 7300 Universi Ave NE Peddler/Solicitor Edward Jones Public Safety Director 6209 University Ave NE James Jacobson,Mana er Tobacco Fridley Liquor Store#2 Public Safety Director 6289 Highway 65 Fire Mazshall Darin Nelson,Finance Director Plannin Coordinator Fridley Liquor Store#3 264 57�'Ave NE Darin Nelson,Finance Director Ecig and Supply LLC 6594 University Ave NE Scott M Huber,Owner Tree Removal and Treatment Central Minnesota Tree Service Public Safety Director 480 Rice Creek Boulevard NE Public Works Director James Savre, Owner Eagle Tree Service Inc 8637 225�'Ave NW, Nowthen Michael Jensen, Owner Minnesota Tree Experts 7527 Oliver Ave N,Brooklyn Park Jacob Gall,Owner Premier Tree Service Inc 8588 260�'Ave,Pierz Harold R Dennis,Owner Tree Cuts Plus 9936 290`�Ave,Pierz Rand Kirschbaum, Owner 108 � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 24, 2014 F�O� LICENSES Contractor e A licant A roved B Air Mechanical Inc Gas Tan a Miller Ron Julkowski,CBO Duct Works Heating&Air Heating Donna Johnson Ron Julkowski, CBO Conditionin Gardner Builders Commercial or S ecial Robert Gardner Ron Julkowski,CBO Heatin &Coolin Two Inc Heatin Steve Sinke Ron Julkowski,CBO Patton Heatin &Air Cond Inc Heatin Shannon Patton Ron Julkowski, CBO Seasonal Control NIDI Heatin Bruce Williams Ron Julkowski, CBO Si s Now Si Erector Chad Salewski Ron Julkowski,CBO 109 : AGENDA ITEM CITY COUNCIL MEETING OF MARCH 24, 2014 F�O� LICENSES To: Walter Wysopal, City Manager From: Scott Hickok, Community Development Director Deb Biorn, Rental Property Inspections Date: March 21, 2014 Re: Annual Renewal of Rental Licenses AGENDA ITEM CITY COUNCIL MEETING Attached is a list of 7 properties that have submitted a rental license application,paid all fees related to license renewal, and completed the rental inspections process. The Rental Property Inspections Division of Community Development recommends that the City Council approves the issuance of the rental licenses for these properties. 110 Ready for Certificate The properties listed below meet the rental property guidelines according to Chapter 220 of the Fridley City Code Property Id Property Address Units Owner 2230 7558 5th St. NE 1 Michael Burns 2236 1560 73 %Z Ave. NE 1 Tonicia Ambrose 2232 6160 Briardale Court 1 IH2 Property Illinois 1788 6740 Kennaston Dr NE 1 IH3 Property Minnesota 2234 7399 Memory Ln. NE 1 IH2 Property Illinois 1656 5210 Pierce St. NE 1 ZSR Properties 2147 1621 Rice Creek Rd. NE 1 IH3 Property Minnesota Number of Properties = 7 111 � AGENDA ITEM � CITY COUNCIL MEETING OF F�°� MARCH 24, 2014 To: Walter T. Wysopal, City Manag�t�.r From: Debra A. Skogen, City Clerk/'� Date: March 17, 2014 Re: Public Hearing on a Proposed Ordinance Amending Fridley City Charter Chapter 3 Procedure of Council On September 23, 2013, a citizen asked what rules of parliamentary procedure the City Council used and whether or not ordinances and resolutions had to be read in full. As a result of the questions, the matter was referred to the Fridley Charter Commission for discussion, review and recommendation. The Charter Commission addressed this issue over several meetings and recommended an amendment by ordinance to Chapter 3 of the Charter. In addition, the City Council formally adopted Rosenberg's Rules of Order(2011) at their February 10, 2014 meeting. Minnesota Statute, Section 410.12, Subd. 7. allows for an amendment by ordinance upon recommendation of the Charter Commission. Within one month of receiving a recommendation to amend the charter by ordinance, the city must publish notice of a public hearing on tlie proposed ordinance. The public hearing must be held at least two weeks but not more than one month after the notice is published. The public hearing notice was published on Mazch 6, 2014, in the Fridley Sun Focus. The Charter Commission has proposed amending the following sections of Chapter 3: Section 3.03 is amended by adding a requirement that the rules be adopted by resolution and a copy of those rules be made available during Council meetings and to the public as requested. Section 3.04 is amended by changing the language from being read in full to shall not be read in full but would add language allowing a question to be read the first time it was presented by a councilmember or Fridley resident. Section 3.05 is amended by changing the language from having two full readings to being presented at two meetings. 112 Section 3.07 amends the language by requiring the Mayor Pro Tem to sign in the Mayor's absence, rather than three other members of the council. Staff recommends a motion to hold the public hearing on a Proposed Amendment to Fridley City Charter Chapter 3 Procedure of Council and Directing Publication of Ordinance in full as required by Minnesota Statute Section 410.12, Subd. 7. u 113 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 3 PROCEDURE OF COUNCIL, SECTION 3.03 RULES OF QUORUM AND PROCEDURE; SECTION 3.04 ORDINANCES, RESOLUTION AND MOTIONS; SECTION 3.05 PROCEDURES ON ORDINANCES; AND SECTION 3.07 SIGNING, PUBLICATION AND RETENTION OF ORDINANCES, RESOLUTIONS AND MOTIONS WHEREAS, Minnesota Statute Section 410.12, Subd. 7. allows the Charter to be amended by ordinance upon recommendation of the Charter Commission; and WHEREAS, after review, examination and recommendation by the Fridley Charter Commission, the Fridley City Council hereby ordains that the Fridley City Charter be hereby amended as follows: CHAPTER 3. PROCEDURE OF COUNCIL SECTION 1: that Section 3.03. Rules of Quorum and Procedure is hereby amended as follows: A majority of seated Councilmembers constitute a quorum for purposes of canvassing an election. For all other purposes three Councilmembers constitute a quorum to do business, but a lesser number may adjourn from time to time. The Mayor and other members of the Council each have one vote. The Council shall determine and specify by resolution its own rules and order of business and shall keep a journal of its proceedings. A conv of the rules and order of business shall be available in the Council chambers and u on re uest. (Ref Ord 1074) SECTION 2: that Section 3.04. Ordinances, Resolutions and Motions is hereby amended as follows: Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance and resolution shall be presented in writing shall not be read in full unless re uested b a Councilmen�iber oi- a Fndlev resident at the ineetina in which it is introduced before the vote is taken thereon. All administrative business may be transacted by ordinary motion. Upon the vote on ordinances, motions and resolutions the ayes and nays shall be recorded unless the vote is declared unanimous. An affirmative vote of at least three (3) members of the Council is required for the passage of all ordinances, except as otherwise provided in this Charter. Resolutions and motions require a majority vote of the Councilmembers in attendance at the meeting, except as otherwise provided in this Charter. (Ref. Ord. 1252) SECTION 3: that Section 3.05. Procedures on Ordinances is hereby amended as follows: The enacting clause of all ordinances passed by the Council shall be in the words, "The City of Fridley does ordain." Every ordinance other than emergency ordinances shall �a�e be presented 114 Ordinance No. Page 2 accoi-diiig to Sectioil �.U-� at two (2) n»h'�^ -°^a��-� �� » C r��.=� .�.....�.bJ�=�-�An ouncil meetin�s with at least seven (7) days between the fr�* �°�a�„� u„a *�° �°� a a' meetin�s. Any legislation prescribing a penalty for its violation shall be enacted in the form of an ordinance. (Re£ Ord. 1074) SECTION 4: that Section 3.07 Signing, Publication and Retention of Ordinances, Resolutions and Motions is hereby amended as follows: 1. Every ordinances passed by the Council shall be signed by the Mayor, or �-� *�� ^+'�°"'"'°"'''°:� ��'.:.. �.,��.,�� Mayor Pro Tem, and attested by the City Clerk, published and recorded. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2014. — SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CIT'Y CLERK Public Hearing Notice Published on: March 6,2014 Public Hearing: March 24,2014 First Reading Second Reading Published on: 115 ` AGENDA ITEM CITY COUNCIL MEETING OF �� MARCH 24, 2014 To: Walter T. Wysopal, City Manager��/ From: Don Abbott, Public Safety Director Bob Rewitzer,Police Captain Deb Skogen, City Clerk Date: March 17, 2014 Re: First Reading of an Ordinance Amending Fridley City Code Chapter 101 Animal Control, Sections 101.01, 101.04, 101.05, 101.06, 101.07, 101.08, 101.09 and 101.10 and Fridley City Code Chapter 11 Fees, Section 11.10 Current City Code requires a dog to have a license that is renewed annually. The license year is May 1 St through April 30`�. Post cards are mailed annually to the licensed dog owners in April. While about 200 to 300 individuals may come in within the next month or so to renew the license, staff has found the majority of individuals wait until after their dogs receive their rabies vaccination, which does not coincide with the license year. The Police Deparhnent discussed this issue with the Community Service Officers who are responsible for animal control. They recommend changing the annual dog license to a lifetime dog license, similar to other cities, for the following reasons: • A desire to keep a license program because it is easier for staff to identify ownership of the animal and rabies tags are not always traceable. • A lifetime license would mean less staff time spent processing annual renewals. • A lifetime license would mean less `hassle' for the residents. • A lifetime license does not do away with the expectation that dogs remain currently vaccinated against rabies, it means the owner is still responsible for keeping their vaccinations current. • Requires an owner to notify the city of the dog's death or removal outside of the City. The ordinance repeals the old revocation language and adds new revocation language defining how a license may be revoked and providing for an appeal process. If a revocation occurs, it allows for an owner, three years after a revocation, to request in writing to the Public Safety Director a review of the prohibition. If a person does not meet the conditions of the revocation, it provides for the process to prohibit a person from owning,keeping or harboring a dog within the City. 116 If an animal is impounded,the proposed amendment would redefine how long animals shall be kept(5 regular business days vs. Sundays and Holidays) and changes some of the duties from Animal Control Officer to Animal Shelter. The fees for Chapter 11 are being amended to reflect the changes as follows: • Increasing the dog license fee from$5 to $25 and changing from annual to lifetime license • Decreasing the duplicate license fee from$10 to $2 • Adding a$25 impound fee • That the renewal fees for the lifetime licenses for the year 2014 be$15. Staff recommends a motion holding the first reading of an Ordinance Amending Fridley City Code Chapter l O1.Animal Control, Section 101.01 Definitions; Section 101.04 Animal Nuisance; Section 101.05 Dog Licensing; Section 101.06 Revocation; Section 101.07 Exemption; Section 101.08 Fees; Section 101.09 Impounding; Section 101.10 Animal Bites, Quarantine; and City Code Chapter 11. General Provisions and Fees, Section 11.10 Fees, as shown in Attachment 1. 117 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER lOL ANIMAL CONTROL, SECTION 101.01 DEFINITIONS; SECTION 101.04 ANIMAL NUISANCE; SECTION 101.05 DOG LICENSING; SECTION 101.06 REVOCATION; SECTION 101.07 EXEMPTION; SECTION 101.08 FEES; SECTION 101.09 IMPOUNDING; SECTION 101.10 ANIMAL BITES, QUARANTINE; AND FRIDLEY CITY CODE CHAPTER 11. GENERAL PROVISIONS AND FEES, SECTION 11.10 FEES FRIDLEY CITY CODE CHAPTER 101. ANIMAL CONTROL SECTION 1. That Section 101.01 Defmitions is hereby amended as follows: 101.01 DEFINITIONS The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 2. Animal Control Officer. Any individual designated by the City to enforce the provisions of this Chapter, including all City communitv service officers and police officers. 3. Animal Shelter. Any premises designated by the City for the purpose of impounding and caring for animals held under the authority of this Chapter. receivin�Kistrations. license applications, and proof of vacciriations for such anirnals, and issuing licenses and tags far such aniinals. The facility may be owned by the City or may be contracted for shelter service. 4. Animal Tag. A tag provided to individuals who are issued a�license to maintain an animal. 12. � Li�ense. The authority to keep an animal within the City of Fridley. SECTION 2. That Section 101.04 Animal Nuisance is hereby amended as follows: 101.04. ANIMAL NUISANCE 7. Where required, the animal�as is not�eer�currentiv vaccinated against rabies�_��*�*� , as evidenced bv the certificate of an authorized veterinarian. SECTION 3. That Section 101.05 Dog Registration is hereby amended as follows: 101.05. DOG L1�ENSING 1. �License. 118 Ordinance No._ Page 2 A. No person shall own, keep or harbor any dog over the age of six (6) months within the City unless � ��°^r'•• �°-��* '�^° '�°°^ ��^�•r�a thev have re�istered and received a dog license from the Cit�. �°-��* ^°-�*��^�*�� A license shall be issued by the City upon the completion of ar� appl�cation a�Id proof of rabies vaccination. =T��*�� Y��^°^ �^ �'" -�°�r° The license shall be valid for the life of the doQ. �e , , �,. +�.o �;,.o.,�� . o .,�. » �c�ce-,�s-s�e�-€R��-o�*�-��e T n , � ,.�. � ..,,.,;�,. ��..,,+;,,,, � �., ° , B. Th��Ypli��nt � Yo ;� .,� ,..._ - -,� eo �t,.,+ �.o .,t,,, �a �_ ---'-- '�+ "�vv � ) �F�»i��nr h�rhnring � ri + +� '+ � + b.t' t, a 1.. +1, r'� t, r ----r---a - --...-...,_. _a .a.,b Y..� .... - --- tl,o �,-�+ .7.... „� +l.o .�.o...�..;+ . l;�l.;.�.. «0.,;.70 �L. !'�'� TT Jl � 7 � �.1... .. �. 4ti.o � .a 4l, a �� 4 4 a � Y Y�J� � � � > > se�e�-ei��°r �^�er��,rThe apt�lication shall include the owner�s name address, phone and e-mail address: the dog's name age breed color and sex• and proof of current rabies vaccination. No license shall be issued for a do�upon which �roof of vaccination has not been provided at the tiine of the application C. , It shall be the owner"s responsibilin� for maintaining current ��accinations at all times The owner must provide nroof of current rabies vaccination unon request or demand bv the Citv's licensin� authoritv Animal Control Officer or police department or individual that mav have been harmed iniured or bitten bv the do� 2. Tag. A. �a��e�e-�ke-�e�� Ana Animal Ta�, +'�� ' �• � � „ �- �-�� "+ � �:: ° '�� +' shall be issued by the City. The owner shall affix .va,� ivi-°v�.... .vb,.��imivii�ccrr the tag;�=L� „°.�..�..,,i�,;,�� 'ar a,��to the collar or harness of the registered dog in such a manner so that the tag may be seen. The owner shall see to it that the tag is constantly worn by the dog. In case any tag is lost, a duplicate may be issued by the City E��e�-�e�. A charge, as provided by Chapter 11 of this Code, shall be made for each duplicate tag. B. It shall be unlawful to counterfeit or attempt to counterfeit a dog tag or remove a valid tag for any purpose, or to own, keep or �iarbor a do�, wearing a counterfeit fictitious altered, or invalid license tag or a license tag not issued in connection with the licensin�or keepin� of the do� wearin�the same. C. Dog tags shall not be transferable and no refunds shall be made on a �� license fee because of leaving the City or death of the dog. 119 Ordinance No._ Page 3 D. Anv person to whom a dog license is issued must noti the city clerk in writin�of the death of the do� for which the license was issued or the transfer of the dog to a new location where the dog will reside within 30 days of the death or the transfer and must, if reauested bv the citv clerk execute an affidavit under oath setting forth either the circumstances of the do�'s death and disposition or the complete name address and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated. SECTION 4. That Section 101.06. Revocation is hereby amended as follows: 101.06. REVOCATION , �u ,,..:.r..., ,.o ;+,,,. ,�. , a •�: . 1 {A.1111 � !� �o e l...i.�: �1... ;4 0!'-., F:1„ �.. .,.1. .:�L �L_ _r�7_ y aviasi"-- -- ° - --------- - � � � 7 ) � •� ti• .a 4r 4 � a.�i v uaiu u , � f f ) f • 1 ) � 7 �nti..�r ..4ti.os..:♦ nl.,,�, 1 auvvi� ° ° , � 7 f �T;:.00'_ ^"'�'�»�� ..��±..��.....i....as�.� �n.iiu iiva' _ aauaio. �—I�n Flurn r�r vi�l�tac� th + � �t,• rl, � �1, �� ;,...� •.t,• i,� a...j.r wi -- � l. A do�;license may be revoked if: � A. The nerson to whom such license is issued violates Section 101 04 related to animal nuisance or violates Section 101.05 related to dog licensin three(3) times within a twelve (12)month period or five (5) or mare times within the dog's lifetime• or B. The person to whom such license is issued violates the terms of Minnesota Statutes Chapter 343 related to cruelty to animals• or C. The nerson to whom such license is issued violates the terms of Minnesota Statutes Chapter 347 related to the regulation of dangerous dogs• or D. The animal control officer determines that the do�poses a substantial risk to public safetv or the well bein�of the communit� 2. An Animal Control Officer shall send written notice of the revocation to the nerson to whom such license was issued. The notice shall state the basis for the revocation and that an a�peal hearin�mav be reauested in writing addressed to the City Clerk within fourteen(14� davs of the notice. The appeal shall be heard bv the City Council 120 i Ordinance No._ Page 4 ��. Any person whose�e�ri�do�license is revoked shall, within�ee�� fourteen (14) days of the notice of re��ocation, appeal the decision as required by Section I Oi.06?. remove permanently from the City, or humanely dispose of�?:�;.1a. �'��; ��*°a �� *'�°-��*�� „�- �1{41 V V1lVU 11T arry and all dogs owned, kept or harbored by such person_a�e No part of the� Ii�ense fee shall be refunded unless the person prevails on a�peal. �:�,a,�:«;n�, *�° �--��°�m^-��-��^�-� , lf aiiy niember of�a huusehold is prohibited from ownin a dog by reason of license revocation unless specificallv approved with ar without restrictions bv the Cit�no person in the household is permitted to own, keep or harbor a dog in the City, �. If a�dog license is revoked, no new�e�i�dog license may be issued for a period of e�e-(�}three 3 years from date the�e�i�license is revoked. Be inning three (3) years atter a revocation under this section that prohibits a person from owning a do� and annuallv thereafter, the person ma ��request in writin�that the Public Safety Director review the prohibition. The Public Safety Director or desi eQn e mav consider such facts as the seriousness of the violation or violations that led to the revocation anv criminal convictions or other facts deemed appropriate. The Public Safety Director or desi eng�e mav recommend that the City rescind the revocation entirely or rescind it with limitations The Public Safetv Director or desi�nee also mav recommend conditions a person must meet before the revocation is rescinded includin�, but not limited to: A. Evaluation bv a certified applied animal behaviorist or a board-certified veterinary behaviorist and completion of any trainin� or other treatment as deemed appropriate by that expert. B. Spa�g or neuterin�. C. Secure humane confinement in a manner that prevents escape and unsupervised contact with the public, permits the dog adeQuate exercise and provides protection from the elements. D. Direct supervision bv an adult 18 years of age or older whenever the dog is on public propert� E. Successful comnletion of a dog handling course. F. Muzzlin� in public in a manner that prevents the dog from biting�people and other animals but does not injure the do�or interfere with vision or respiration G. Implantin� microchip identification in the do� and roviding the City with the name of the microchip manufacturer and identification number of the microchi� If the Citv rescinds a nerson's license revocation and the person subse uq ently fails to complv with anv limitations imnosed by the Animal Control Officer or the person is convicted of anv animal violation the City mav permanentiv prohibit the person from owning keepin�or harborin a do�within the City_ 5. A do�license revocation is in addition to anypenalt��ainst a do�owner arisin from a violation of this Chapter or State Statute. SECTION 5: That Section 101.07. Exemptions is hereby amended as follows: 121 Ordinance No._ Page 5 101.07. EXEMPTIONS Section 101.05 of this Chapter requiring a � license and tag shall not apply to nonresidents of the City who are keeping only domestic pets, provided that the animals of such owners shall be kept in the City no longer than thirty (30) days and the animals are kept under restraint. All other provisions of this Chapter shall apply to nonresidents and their pets. SECTION 6: That Section 101.08. Fees is hereby amended as follows: 101.08. FEES �'�� The fees for tliis Cha�ter shall bc a� prm�ided in Cha�ter 1 I of this Code SECTION 7: That Section 101.09. Impounding is hereby amended as follows: 101.09. IMPOLTNDING 1. Generally. A. The Animal Control Officer shall, take up and impound any animals requiring �s licenses or tags found in the City without the tags; or any animals which are in violation of any of the other provisions of this Chapter. Animals shall be impounded in an aAnimal sShelter and confined in a humane manner. Impounded animals shall be kept for not less than five (5) �� '•�a� �- re ul >"' "'a �' '' , '' u '�'' , � ar business days of tlle Animal Shelter unless reclaimed by their owners. B. If an animal is found at large and the owner or custodian can be identified, the Animal Control Officer may proceed against the owner for violation of this Chapter. C. The Animal Control Officer may enter upon any public or private premises by warrant or as otherwise provided by law when such officer is in reasonable pursuit of his or her duties. D. Upon ' " recei�-iri�, any animal as provided in this Chapter, the Animal r�-�*��, ��'��r D„1;,.� ��.«.,,.t,v.° * � � Pa�� Shelter persolulel ��-ho ►�eceive animals shall check for identification on eacl� aniniaL identifv the owner bv the identification whenever possible and promptly noh the owner of the location of the animal by the most expedient means The Animal r""�"", ^� Shelter and Police Department shall maintain a record of animals so impounded. 122 Ordinance No._ Page 6 2 Claiming an Impounded Animal. A. In the instance of animals for which the owner does not have a required�� tag, the Animal r�„+r�' n��°-� Shelter shall not return such animal to the owner until a �i�license and tag have been purchased from the City or�ke an Animal �e� 9€�se�. Shelter. �e Such Animal �'��*��' ^�'��°r Shelter- shall remit to the City the sum paid for the °--m�* �a'�r tag and furnish the City with u" ° ° „� *' t11e completed do�; iicense a�plication and proof of current rabie5 vaccination subinitted in connection therewith. B. The owner of the impounded animal shall pay the Animal �''��*-�� ^�'��r Shelter an impounding fee. The Animal r�-�*r�, n��-- Shelter shall turn over to the City any impounding fees received. The City shall place such fees in the General Fund of the City. C. If a rabies vaccination is required and the owner cannot produce proof that the animal has had a current rabies vaccination��Tith,n ri�� --°�°a;� * �� Y..,.,.,�.. b ��.o«�, the Animal �'��*r�� '��r Shelter shall ensure that such dog or other animal is vaccinated for rabies as a condition of release to the owner. The animal's owner shall pay to the Animal �'�„*--�, ^��r Shelter the cost of the immunization. D. The owner of the impounded animal shall a�se be liable for and pay the Animal r�~+~�' ^��' Shelter the cost of feed and care for each day the animal is impounded in the animal shelter. 3. Unclaimed Impounded Animals. , , . . , • , , , , � . Anv impounded animal not claimed within five 5�_re ular busines_s davs oi` ttie .��iinal Shelter shall become the �roperty of the Animal Shelter and mav be disposed of in a manner permitted by law and the owner shall be liable to the Ammal Shelter for costs incurred in confinin and disposin�of the animal SECTION 8: That Section 101.10. Animal Bites, Quarantine is hereby amended as follows: 101.10. ANIMAL BITES, QUARANTINE 3. The quarantine required by this Section shall not be necessary and the requirements shall be waived if the custodian or owner of the animal, immediately upon notification that his or her animal has bitten someone, presents to the Animal Control Officer or Police Department, the certificate of an authorized veterinarian that the animal was currently vaccinated for rabies°� � a��°�� ;��T� �ea�s prior to the date of the biting. Such animal so exempt shall be quarantined on the premises of the 123 Ordinance No._ Page 7 owner, under strict control, for a period of ten (10) days for the purpose of observation for symptoms of disease. The Animal Control Officer is authorized to conduct a mid-term and terminal examination of the animal 5. Regulation of Potentially Dangerous or Dangerous Dog. A potentially dangerous or dangerous dog shall be registered and regulated as required by Minnesota Statutes Section �^�347.56�. SECTION 9: That Section 11.11. Fees is hereby amended as follows: 101 Dogs $� 25 - Lifetime License $�8?-Duplicate License $25 Kennel �25 Im�ound Fee SECTION 10: that the renewal fees for the lifetime license for the year 2014 shall be$15. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2014. — SCOTT J. LUND,MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: March 24, 2014 Second Reading: Publication Date: 124 2014 - CITY OF FRIDLEY COMMISSIONS REAPPOINTMENTS TERM EXPIRES Appointee HOUSING AND REDEVELOPMENT AUTHORITY (5 Members, 5-Year Term) CHAIR Larry Commers 6-9-14 VICE-CHAIR Pat Gabel 6-9-18 Stephen Eggert 6-9-15 Gordon Backlund 6-9-16 Bili Holm 6-9-17 PLANNING COMMISSION (Chapter 6) (7 Members, 3-Year Term) GENERAL Dave Kondrick 4-1-15 CHAIR AT LeRoy Oquist 4-1-16 LARGE CHAIR Tim Solberg 4-1-15 PARKS & REC. CHAIR Todd Olin 4-1-14 ENVIRON. QUALITY � CHAIR Brad Sielaff 4-1-15 APPEALS AT Dean Saba 4-1-16 LARGE AT Brad Dunham 4-1-14 LARG E APPEALS COMMISSION (Chapter 6) (5 Members, 3-Year Term) CHAIR Brad Sielaff 4-1-15 VICE- Blaine Jones 4-1-16 CHAIR David Ostwald 4-1-15 Michelle Drury 4-1-14 4-1-17 125 TERM EXPIRES APPOINTEE ENVIRONMENTAL QUALITY 8� ENERGY COMMISSION (Chapter 6) (7 Members, 3-Year Term) CHAIR Todd Olin 4-1-14 John (Jack) Velin 4-1-14 Richard Svanda 4-1-15 Eric Boyles 4-1-15 Paul Westby 4-1-16 Courtney Elford 4-1-16 Sam Stoxen 4-1-16 PARKS AND RECREATION COMMISSION CHAIR Tim Solberg 4-1-16 David Kondrick 4-1-15 Michael Heintz 4-1-16 Michele Barrett 4-1-14 Greg Ackerman 4-1-15 � 126 � AGENDA ITEM ` CITY COUNCIL MEETING OF MARCH 24, 2014 cmr oF FRIDLEY INFORMAL STATUS REPORTS 127