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CCA 09/11/2017 fridlrr CITY COUNCIL MEETING OF SEPTEMBER 11 , 2017 ey 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) CONFERENCE MEETING (5:30 p.m.) 1. IT Informational Presentation 2. Discussion of 2018 City Calendar 3. Discussion of Personnel Ordinance and Policies CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Chiari Malformation Day — September 16, 2017 Constitution Week — September 17-23, 2017 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 28, 2017 1 - 11 NEW BUSINESS: 1. Receive the Minutes from the Planning Planning Meeting of August 16, 2017 12 - 20 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Approve Special Use Permit Request, SP #17-03, by American Masonry, to Allow Limited Outdoor Storage, Generally Located at 55 — 77th Avenue; and Resolution Approving Special Use Permit, SP #17-03 to Allow Limited Outdoor Storage for American Masonry Located at 55 — 77th Avenue N.E. (Ward 3) 21 - 29 3. Approve Lot Split Request, LS #17-02, by Don and Julie Findell, to Create Two Single Family Lots from One Large Single Family Lot, Generally Located North of 6700 Central Avenue N.E.; and Resolution Approving a Subdivision, Lot Split, LS #17-02, to Create Two Single Family Lots from the Large Lot Generally Located North of 6700 Central Avenue N.E. (Ward 2) 30 - 37 4. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for the Street Improvement Project No. ST 2017-01 38 - 39 5. Resolution Directing Publication of the Hearing on the Proposed Assessment for the Street Improvement Project No. ST 2017-01 40 -41 6. Resolution Directing Preparation of the Assessment Roll for the 2017 Nuisance Abatement 42 - 43 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution directing Publication of Hearing on the Proposed Assessment Roll for the 2017 Nuisance Abatement 44 - 45 8. Approve Change Order No. 1 for the Main Street Trail Project No. ST2015-21 46 - 48 9. Approve Agreement Relating to Landowner Improvements within City Right-of-Way on 5906 Benjamin Street N.E. (Ward 2) 49 - 58 10. Claims (177925 — 178075) 59 - 77 11. License: Temporary On —Sale Intoxicating Liquor 78 OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes ADOPTION OF AGENDA: PUBLIC HEARINGS: 12. Consider Revocation of Special Use Permit, SP #93-10, for Mobile Maintenance, Inc., to have Exterior Storage of Materials and Equipment in a C-1 Zoning District, Generally Located at 505 Fairmont Street N.E. (Ward 3) (Continued August 14, 2017) 79 - 81 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 PAGE 4 PUBLIC HEARINGS (CONTINUED): 13. Consider Revocation of Special Use Permit, SP #16-04, for Mobile Maintenance, Inc., to Expand Automobile Parking in an R-1 Zoning District, Generally Located at 513 Fairmont Street N.E. (Ward 3) (Continued August 14, 2017) 82 - 83 14. Consider Modification to the Fridley City Code, Chapter 205.30 0-5 Telecommunications Towers and Facilities District, to Allow a Telecommunications Tower to a 150 Foot Height Provided Conditions Can be Met to Blend into the Surrounding Environment 84 - 86 NEW BUSINESS: 15. Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, Adopting a 2017 Tax Levy Collectible in 2018 87 - 90 16. Resolution Adopting the 2018-2022 Capital Investment Program 91 - 94 17. Resolution Approving Agreements and Awarding Oak Glen Creek Pond Expansion Project 17-446 95 - 147 18. Informal Status Reports 148 ADJOURN. ir f.ridley FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 7:00 p.m. — City Council Chambers Attendance Sheet Please print name, address and item number you are interested in. P int Name (Clearly) Address Item No. ' 21,( (:=.?, /-1 J� \C `t\liOkr.�. t (C%k IID(Q Oka $1 NC, frf (ey r--N-t 14..... ii, -------- --- -\>) ie„ IL__ eA --r-,T.1 / .t/: ' Cam` OAK w J / IFridley • g5! / / I CHIARI MALFORMATION DAY SEPTEMBER 16, 2017 WHEREAS, on September 16, 2017, Fridley will hold its annual Conquer Chiari Walk Across America in Minnesota, to help support the thousands of people struggling with this life-changing disease; and WHEREAS, Chiari Malformation is a serious neurological disorder affecting well over 300,000 people in the United States; and WHEREAS, Chiari Malformations are defects in the cerebellum, the part of the brain that controls balance. This creates pressure on the cerebellum and brain stem, and may block the normal flow of cerebral spinal fluid to and from the brain; and WHEREAS, symptoms usually appear during adolescence or early adulthood and can include severe head and neck pain, vertigo, muscle weakness, balance problems, blurred vision or double vision, difficulty swallowing and sleep apnea; and WHEREAS, the National Institute of Neurological Disorders and Stroke of the National Institute of Health is conducting research to find alternative surgical options and identify the cause of the malformation to create improved treatment and prevention plans; and WHEREAS, increased awareness of Chiari Malformation will lead to expanded knowledge and increased support for both research and for patients and families affected with the disorder that will hopefully answer fundamental questions regarding its underlying cause, diagnosis, and treatment; and NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Saturday, September 16, 2017, as CHIARI MALFORMATION AWARENESS DAY in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 23rd day of January, 2017. Scott J. Lund, Mayor 11111F d.i I- Fridley gj! / 1 e 1 CONSTITUTION WEEK SEPTEMBER 17 —23, 2017 WHEREAS, September 17, 2017, marks the 230th anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to accord official recognition of this magnificent document and its memorable anniversary and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the week of September 17 through 23, 2017, as CONSTITUTION WEEK in the City of Fridley, Minnesota, and urge all citizens to study the Constitution, and reflect on the privilege of being an American, with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 11th day of September, 2017. Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY AUGUST 28,2017 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:04 p.m. ROLL CALL: Mayor Lund Councilmember Barnette Councilmember Varichak Councilmember Saefke Councilmember Bolkcom OTHERS PRESENT: Wally Wysopal, City Manager Darcy Erickson, City Attorney Julie Jones, Planning Manager Shelly Peterson, Finance Director James Kosluchar, Public Works Director Connie Metcalf, 860 West Moore Lake Drive Sam Salsite, 850 West Moore Lake Drive Shirley Schmidt, 870 West Moore Lake Drive APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of August 14, 2017. APPROVED. NEW BUSEINSS: 1. Claims: 1708 (PCard); 177777—177924. APPROVED. ADOPTION OF PROPOSED 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. 1 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 2 OPEN FORUM, VISITORS: Connie Metcalf, 860 West Moore Lake Drive, said that 39 residents on the west side of Moore Lake have signed a petition for the City to clear the weeds off of Moore Lake. The City needs to do something about this, as it is not a pleasant sight. Jim Kosluchar talked to the Rice Creek Watershed District and their report said the water is clearer than it has ever been. She is concerned about the appearance of the lake and the navigability of the lake. The City needs to think about the future of the lake. MOTION by Councilmember Barnette to receive Petition No. 2017-01 into the record. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Sam Salsite, 850 West Moore Lake Drive, said he worked with the neighbors on the petition. He just moved into the area in October and was excited to have a lake home but he is unable to enjoy the lake because it is too weedy. He is concerned that if the lake gets worse, the property values will go down. Shirley Schmidt, 870 West Moore Lake Drive, said the City brushed out the sand dune area. If the City could clean that up, she wondered why they could not clean up the lake. Mayor Lund said that Council would take this under advisement. Wally Wysopal, City Manager, noted that the cleanup of the brush was done by a volunteer environmental group for the betterment of the park. Jim Kosluchar, Public Works Director, added that the brush was hauled out by City crews. Laura Ingebrigtsen, 5831 West Moore Lake Drive, said she was worried about the wildlife in the lake--the ducks and wood ducks. She said that the bike trail is being put in and most of the neighborhood is not for that. She asked if the money could be used to clean the lake. Mayor Lund replied that the bike trail is funded with safe routes to school funds and the money is regulated as to how it can be spent. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 3 PUBLIC HEARING/NEW BUSINESS: 2. Consideration of Vacation Request, SAV #17-03, by the City of Fridley, to Vacate an Unimproved Portion of Washington Street N.E., Generally Located North of 53rd Avenue N.E. and East of Seventh Street N.E. And Resolution Vacating a Section of Washington Street, which is Public Right-of-Way Along 53rd Avenue N.E., Generally Located between 521 and 551 —53rd Avenue N.E. MOTION by Councilmember Saefke to waive the reading of the public hearing notice open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:13 P.M. Julie Jones, Planning Manager, stated the adjoining property owner would like to have control of City property. The City has no plans to expand a street through this right of way and would prefer to have property on the tax rolls and not have to incur maintenance costs on property. The land includes two 30-foot wide sections between 521 and 551 53rd Avenue, and the total size is 60' x 134'. The parcel does not connect to 53 %2 Avenue, so there is no need to preserve the right-of-way. Ms. Jones noted that there are currently no City utilities but some private utilities; electric, Comcast and CenturyLink utilities on the north end. No easement was found in the records. The gas pipeline easement is on the south end. There is a 5' Drainage and Utility Easement on the north end, a 15' Drainage, Utility, and Transit Easement on the south end. The City Attorney advises changing legal description of easement to simply omit the south 20' from the vacation. This will preserve the easement in place for the pipeline easement and space for possible future sidewalk or transit stop. Ms. Jones stated that 30 feet goes to the owner of 521 53rd Avenue and 30 feet goes to the owner of 551 53rd Avenue. If one of the adjoining property owners wants the entire 60-foot parcel, they will privately need to arrange that purchase. A public hearing notice was published in the Sun Focus newspaper and the property owners within 350' were notified. The City Council will public testimony and consider adopting the resolution. If approved, staff will file the vacation and easement documents with the County. Staff recommends Council to direct staff to correct the legal description of the vacation to exclude the south 20'. The City's power to vacate and create easements is limited. Mayor Lund asked if excess land is usually free. Ms. Jones replied this is right of way property, so it is treated like a vacation. Sometimes the City may ask for a fee, but staff initiated this because we thought it was right thing to do. The property owners may have fees for replat in the future. 3 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 4 Joann Milner, 551 —53rd Avenue N.E., said she is not interested in additional property. Christine Moore, 501 — 53rd Avenue N.E. said she is excited about this because she feels that people's lives are in danger at that stop sign. It is a dangerous place for a bus stop; there is no sidewalk and not everyone stops at the stop sign. Mayor Lund noted that this action does not guarantee there will be a sidewalk there. Ms. Moore said she understood that but noted that a sidewalk would be great because no sidewalk is a danger to the community. Councilmember Bolkcom asked if it was 20' or 15' and asked for the process on how to change this and the relationship about the portion and pipeline easement to be reviewed again. Darcy Erickson, City Attorney, stated the City has the power to reserve when it vacates a street, a utility or drainage easement. The City may not want to vacate the southerly 15 feet for a bus rapid transit because it would fall within the public right-of-way. With respect to the pipeline on the southern end, that is a separate independent easement and legally recognizable property interest. Staff is suggesting to either make the 20' southerly section not part of the legal description; or do 15' and in both cases omit reference to the pipeline easement. Either vacate it and omit 20' or 15' and remove the lines to the pipeline easement. Council can approve the resolution subject and contingent to staff and the City Attorney to omit a portion of the legal description. City staff will remove the reference to the pipeline and revise the exhibit accordingly. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:25 P.M. MOTION by Councilmember Saefke to approve Vacation Request, SAV #17-03, by the City of Fridley, to vacate an unimproved portion of Washington Street N.E., generally located north of 53rd Avenue N.E. and east of Seventh Street N.E., contingent upon modification by the City Attorney and City staff to reflect that the southerly 20 feet shall not be vacated and the reference to the pipeline easement established pursuant to Document No. 306013 shall be removed and Exhibit A revised accordingly; and to adopt Resolution No. 2017-40. Seconded Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 5 NEW BUSINESS: 3. Receive Bids and Award the 1-694 Water Main Rehabilitation Project #17-514 (Ward 3). James Kosluchar, Public Works Director, stated on Tuesday, August 22, at 10:00 a.m., sealed bids were opened for the I-694 Water Main Rehabilitation Project #17-514. Two bids were received and one qualified as responsive. The low responsive bid was received from Fer-Pal Construction USA, LLC of Elgin, IL in the amount of $154,888.00. This is under the final engineer's construction estimate for the project of $214,000.00. A second bid received from Insituform Tech USA, LLC was considered non-responsive. Mr. Kosluchar said this project will rehabilitate the water main using the no-dig method of structural cured-in-place pipe lining (CIPP), approximately 440 feet of 12-inch cast iron utility lying beneath I-694,just west of University Avenue N.E. This segment of pipe was discovered to have a leak in an unknown location in December, 2016. At that time, City utility crews attempted to repair the water main leak using standard open-cut excavation, which disturbed an on-ramp of I-694 and was unsuccessful in locating the leak. A portion of the pipe is in a casing, so determining the leak location under I-694 was not possible. This project was not in the Capital Investment Plan for 2017, but an allocation of$200,000 was made in the 2018 draft CIP (2017 construction year)to accommodate the repair. The base project is within this budget. Mr. Kosluchar said although there is only one responsive bid, staff believed the pricing received was very competitive, and would deliver the project with the requisite quality specified in the bid documents. Staff recommends the City Council move to receive the bids per the attached bid tabulation and award the I-694 Water Main Rehabilitation Project #17-514 to Fer-Pal Construction USA, LLC of Elgin, IL in the amount of$154,888.00. If Council approves, staff will notify the contractor of the award and issue a notice to proceed to the contractor upon receipt of acceptable submittals. Councilmember Bolkcom said staff indicated the City would do the other section in the future if there is a larger leak. She asked why they did not do it now. Mr. Kosluchar replied the main is smaller and it does not have a problem. Staff thougt the cost for this alternative was too high. Councilmember Bolkcom said staff could not find the original leak. She asked if staff felt confident this project will take care of the leak. Mr. Kosluchar replied the leak was isolated by valving it off. There were no more leaks, so staff knew it was between those two spots. The alternate is pipe jacking where you take a pipe and ram it under the freeway, and it is not a good method. This is a more economical method. Councilmember Bolkcom asked if this would interrupt traffic. Mr. Kosluchar replied no. 5 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 2017 PAGE 6 MOTION by Councilmember Bolkcom to receive bids and award the I-694 Water Main Rehabilitation Project#17-514 to Fer-Pal Construction USA,LLC. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Resolution Approving and Ratifying the Escrow Agreement for Parcel No. 12-30-24-21- 0002, Amending the Deferred Assessment Placed on Parcel Id. No. 12-30-24-21-0002, Under the 1986-1 Street Improvement Project and Identifying the Sum Owed as $44,080.59, and Directing City Clerk to Effectuate Collection of Deferred Assessment from Escrow Funds with the Escrow Agent. Shelly Peterson, Finance Director, stated that beginning in 1986, the City had discussions with property owners regarding the street improvements and necessary easements planned for 1986. During discussions related to the Viron Road loopback portion of the project, the City agreed not to levy any assessment for that improvement against the Wayne Dahl Property (7699 Viron Road) until such time as the property was sold, re-platted, or had a new development in excess of 3,600 square feet. The City abated the first installment of that assessment and deferred the entire assessment of $18,979.78 until that future unknown date. As described in Resolution No. 36-1987 and consistent with all other assessment deferrals, interest has accumulated. Today, the City would require a payment in the amount of$165,503.44. Ms. Peterson said staff has reviewed the documents related to this deferred assessment and those of the other owner assessed for the same project. In an effort to expedite the sale of the property, staff had determined that it was in the best interest of the City and the property owner to calculate interest through a term consistent with the other property owner under the 1986-1 Street Improvement Project. The term of this assessment was 10 years. If Mr. Dahl's property assessment not been abated and was deferred without payments, the City would have been owed a total of$44,080.59 during that ten-year assessment period. Ms. Peterson stated staff recommends Council approve amending the original deferred assessment placed on Parcel Id. No. 12-30-24-21-0002 to accrue interest through December 31, 1996, and request the release of funds currently held in escrow with the sale of the property. MOTION by Councilmember Barnette to add Exhibit B into the records. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Randall Tigue, 604 North Lilac Park, Golden Valley, representing Wayne Dahl, said it is important to note the nature of the transaction and agreement made with the City. The City gave an easement across the property and entered into an agreement through eminent domain. An agreement from John Flora, Public Works Director, was received in writing to the affect that no assessment would take place based upon voluntary conveyance of the property. Minnesota 6 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 7 Statute, Section 429.061, Sub 1, requires a mailed notice to property owners what will be assessed. Mr. Dahl requested records of the assessment from August 8, 1986, and November 19, 1987. John Flora wrote a letter to Mr. Dahl stating that Mr. Dahl could request rezoning or expand the building on the premises. The City took the position to impose an assessment if the property was not rezoned or expanded. On November 19, 1987, Mr. Flora sent a letter stating that there were no requests for rezoning or expansion, therefore no street assessments with the Viron Road loopback would take place. Mr. Flora promised there would be no assessment. Finally, on April 6, 1987, Council voted to abate the assessment. Abatement means it ended, terminated and is over. Thirty years later when Mr. Dahl was selling the property, there was an assessment after Mr. Dahl was promised there would be no assessment and the City voted to abate the assessment. He urged the City Council to live up to their word and do what was agreed upon and not assess the property, and return the money to Mr. Dahl. Wayne Dahl, 177 Hartman Circle, stated there were two property benefits from this--I give you the land and we will not go through eminent domain. He said at the time he had three curb cutbacks. He lost the property, gave up and ended up with two curb cuts. Other businesses in the area received better access to their properties than he did. He said he was paying the same amount but lost access. He said that was when the City made three promises. Mayor Lund said the memo said the City would assess if the property was rezoned or expanded. The third trigger was the sale of the property as there was benefit with the road that was not there 30 years ago. Exhibit B to the resolution indicates that since the first payment was already on the tax statement of Anoka County, this speaks to remove the assessment because it was deferred. Mr. Dahl said that he did not request a deferment. Mayor Lund replied the documents do not read that way. The trigger did not happen for 30 years until the sale of the property. At the Council meeting on April 6 they talked about the abatement of the annual payment deferring until the property was sold, re-platted or redeveloped. The property was not redeveloped or rezoned. Abating the prior assessment and deferring to a later date does not make the assessment go away. Darcy Erickson, City Attorney, said the abatement was for an installment. The assessment is not made for 10 years all at once. It is levied, collected and sent to the County on an annual basis. Mr. Dahl asked how come nothing was done after Council said they would abate it. Attorney Erickson replied that the abatement was for a single installment. Mr. Dahl said that the assessment was put on in August of 1986 and never showed a reduction and it has gathered interest for 30 years. Attorney Erickson said that the assessment was deferred with the County. 7 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 8 Patrick Maghrak, Senior Appraiser, said the principal balance is applied on an annual basis and is public information. At any time, Mr. Dahl could have called and asked if he had an assessment pending on the property. The answer would have been yes and he would have been given the amount with interest at that time. Mr. Dahl said this was the first time he had heard about this in 30 years. He asked about notices. The City mails out notices via certified mail and should have receipts. There is no record retention of the notices. Mr. Maghrak replied that record retention for certified mail is kept for six years. There is a lifetime requirement on the assessment role and that was sent a few weeks ago. This clearly states mailed notice and name on page 30 with the current mailing address. Council has been doing resolutions for decades and the City has never received any complaints from people that they did not get their notices. We are not required to keep letters past six years. Mr. Dahl has letters from 1986 and extensive documentation of Council stating to abate it and Mr. Flora said there would be no assessments. Mr. Maghrak said the content of Mr. Flora's letter was taken out of context. Mr. Flora has no authority to abate, only Council can abate. Council abated and deferred the payment. There is a memo from Director Pribyl that you had asked for a deferral. Mr. Dahl said there was going to be no assessment because they gave us all the land. Mr. Maghrak stated that no land was received, it was an easement. You got land on the west side. We did not inhibit your ability to develop that property. Mayor Lund asked if Mr. Dahl had any document on the land swap and deed. Mr. Dahl said he did not have it with him. Councilmember Bolkcom said there are no official letters except the resolution from April 6, 1987. Council abated the prior assessment and deferred it to a later date and the record explains the reasons why. The resolution was passed and is the official record. Ms. Peterson said the resolution Council approved was sent to the County Board and recorded with the property. Councilmember Bolkcom said it was adopted and certified letters were sent. Jim Kosluchar, Public Works Director, said state statute does not require certified letters. Mayor Lund said he would like to allow the closing to occur with escrow and try to be reasonable and reduce the $165,000 to a 10-year assessment of $44,000. The City has been generous. 8 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 9 Mr. Dahl said he thought that the trigger of when the land sells was ridiculous. Everything will be sold eventually. He said if he hung on to it for another 30 years, the assessment would be a million dollars. Mayor Lund said Mr. Flora had no authority to put in a memo that there are no assessments. The argument is that abating the assessment on the taxes would occur if redevelopment or rezoning happened but those plans went away and the City abated that portion of it. Mr. Dahl said nothing was abated. The assessment was applied the same day as John Flora's letter; it was agreed not to assess on August 8 in exchange for the land. The balance on the County taxes on August 8, 1986, went up as interest accumulated and there was never a reduction. The City abated one year but the numbers do not reflect a single cent. Ms. Peterson replied during the discussion at the August 1986 Council meeting, John Flora recommends to the City Manager the stipulation to assess the cost improvement loopback estimated at $22,000 to come into place if certain criteria were met. The assessment took place in September of 1986. Looking at the tax statement, reports from the County show the first year installment of 1987 taxes and the next year shows it was removed. Mr. Dahl said that the records Mr. Maghrak gave us showed something different. Ms. Peterson replied that was an internal City log for accounting and audit purposes. The abatement was removed the first year. Attorney Erickson noted the City cannot be bound by action put forth by the Public Works Director and there is no record that there would be no assessment. Mr. Wysopal added that there is no record on the deed. Attorney Erickson stated that an agreement not to assess the property would need to be signed by Council. Mr. Wysopal said that to abate an assessment and enter an exchange for a parcel would require Council do to something. Attorney Erickson added that a signature on the agreement is required by the City Mayor and City Manager by the City Charter and nothing was found or produced. The request for deferral is all staff could find. Mr. Dahl said that Mr. Wysopal could reduce the amount like he is suggesting tonight. John Flora wrote a letter with the deal that was made. He asked why the City Manager did not have the power to do it at that time. Attorney Erickson replied that Mr. Wysopal has not made that decision. Part of the action tonight is to ratify and approve the action. 9 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 10 Mr. Wysopal said this is a time-sensitive item with the closing of the property, and the City has proposed to reduce the amount to a fair amount due to the cloud that surrounds this. The City decided to look at the 10-year assessment and offer an agreement. As City Manager, I have no authority to reduce the amount without Council vote. Mayor Lund said by the generosity of the Council, Mr. Dahl will not have to pay the $165,000 that is due. He said the closing would not occur without an agreement. Mr. Dahl replied that is the common-sense thing to do, but he still understood that there was not going to be a street assessment due to this street improvement project. Mr. Wysopal asked what capacity is Mr. Tigue representing Mr. Dahl. Mr. Tigue replied that he is his attorney. Mayor Lund asked if he has a license to be an attorney. Mr. Dahl replied that he has a license until the 30th and will lose his license as a result of arithmetic errors. MOTION by Councilmember Varichak to adopt Resolution No. 2017-41, Resolution Approving and Ratifying the Escrow Agreement for Parcel No. 12-30-24-21-0002, Amending the Deferred Assessment Placed on Parcel Id. No. 12-30-24-21-0002, Under the 1986-1 Street Improvement Project and Identifying the Sum Owed as $44,080.59, and Directing City Clerk to Effectuate Collection of Deferred Assessment from Escrow Funds with the Escrow Agent. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Informal Status Reports Jim Kosluchar, Public Works Director, stated there is a Community Water Meeting tomorrow night at the Legacy Room Anoka Ramsey Community College put on by the League of Women Voters to discuss Governor Dayton's request to improve water quality by 25% by 2025. Also, a memo went out about the West Moore Lake Drive trail project onsite meeting. Fifteen residents talked about the layout and understood the value of reducing the speed but did not like the narrower lane widths. A feasibility report will be produced later this year. Mr. Wysopal announced new employees and retirements. Councilmember Bolkcom said on September 9 from 10 a.m. to 4 p.m. Banfill-Locke Center will be holding Art at Rice Creek. There will be art, music, food, and projects for kids and adults. 10 FRIDLEY CITY COUNCIL MEETING OF AUGUST 28,2017 PAGE 11 Mayor Lund said Fridley '49er Days needs support from the community and we are looking to reorganize. Volunteers are needed to fill Board positions. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 8:36 P.M. Respectfully submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 11 CITY OF FRIDLEY PLANNING COMMISSION MEETING August 16,2017 Chairperson Kondrick called the Planning Commission Meeting to order at 7:00 p.m. MEMBERS PRESENT: David Kondrick, Leroy Oquist, David Ostwald, Mike Heintz, Brad Sielaff,Rachel Schwankl MEMBERS ABSENT: Mark Hansen OTHERS PRESENT: Stacy Stromberg,Planner Scott Hickok, Community Development Director Don and Julie Findell,petitioners, 6850 Siverts Lane NE Fridley Todd Christenson,2977 County Road 4 John Perry, 6684 Central Avenue NE Fridley Mike Hart,petitioner, 7701 East River Road NE Fridley Joanna Tonelli, Crown Castle Approval of Minutes: June 21,2017 MOTION by Commissioner Heintz to approve the minutes as submitted. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS 1. Consideration of a Special Use Permit, SP#17-03, by American Masonary/5577th Avenue LLC, to allow limited outdoor storage,generally located at 5577th Avenue. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:02 PM Stacy Stromberg, Planner, stated that the petitioner whose business is located at 7701 E River Rd, is the new owner of the property at 55 77th Ave, and is seeking a special use permit to allow limited outdoor storage on the property. The property is zoned S-3, Heavy Industrial, Onaway. It is a triangular piece of land bordered by 78th Ave to the north, 77th Ave to the south and the railroad tracks to the west. The original office/shop building was constructed in 1970. There have been two building additions since then; one constructed in 1981 and the other in 1986. There was a variance granted in 1986 to allow the addition to be setback 0 ft. from the property line, instead of 20 ft. At that time, the property was owned by Sentinel Restoration Projects and they owned 2 other properties to the east, so they functioned like a campus for that owner. The properties have since become for sale, and the petitioner needed additional space for growth so he was able to acquire this property. Ms. Stromberg noted that City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. This building is 8,780 sq. ft., so City code would allow up to 4,390 sq. ft. of outdoor storage on this site. The petitioner plans to fence in a 37 ft. by 100 ft., 12 Planning Commission Meeting August 16, 2017 Page 2 of 9 or 3,700 sq. ft. area to allow for the storage of small equipment and building supplies related to the business. The petitioner states that proposed use of the building is strictly for storage, which code would require only 5 parking stalls. The plan submitted shows 53 stalls that are needed to park the company's vehicles. Those vehicles will be used during the day and stored on-site at night. The entire property will be fenced in, with automatic gates for access from the north and the south. Ms. Stromberg said that City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the S-3, Heavy Industrial Onaway Addition zoning district,provided specific code requirements are met, subject to stipulations. 1. Outdoor storage area shall be limited to the square footage amount requested as part of this special use permit request. 2. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal. 3. The petitioner shall obtain a land alteration permit from the City's Engineering department and any other permit they deem necessary prior to work being done on-site. 4. The petitioner shall obtain any necessary approval from the Coon Creek Watershed District. 5. City staff to review and approve landscape plan prior to issuance of a land alteration permit. 6. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Commissioner Oquist asked what kind of landscaping would be included in stipulation number five. Ms. Stromberg replied that stipulation is related to the installation of trees and there is a proposed landscaping plan in the packet. Mr. Hart, Petitioner, had no questions or reservations on the stipulations. They intend to put in a land alteration permit application as soon as possible. Commissioner Sielaff asked how many vehicles would be stored on site. Mr.Hart replied it will vary depending upon the season,but around 53 vehicles. Chair Kondrick asked what type of vehicles. Mr.Hart replied vehicles for his masonry concrete business. Commissioner Schwankl asked if any hazardous materials would be stored outside. Mr.Hart replied no. Chair Kondrick asked if the Fire Marshal had inspected the site. Mr.Hart replied that he has already inspected the interior and the outside improvements are just starting. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. 13 Planning Commission Meeting August 16, 2017 Page 3 of 9 UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:10 MOTION by Commissioner Sielaff to approve the Consideration of a Special Use Permit, SP#17-03, by American Masonary/5577th Avenue LLC, to allow limited outdoor storage, generally located at 5577th Avenue with the following stipulations: 1. Outdoor storage area shall be limited to the square footage amount requested as part of this special use permit request. 2. The types of materials stored inside of the containers shall be reviewed by the Fire Marshal. 3. The petitioner shall obtain a land alteration permit from the City's Engineering department and any other permit they deem necessary prior to work being done on-site. 4. The petitioner shall obtain any necessary approval from the Coon Creek Watershed District. 5. City staff to review and approve landscape plan prior to issuance of a land alteration permit. 6. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. Seconded by Commissioner Schwankl. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY Chair Kondrick said that this will go before the City Council on September 11,2017 2. Consideration of a Lot Split, LS #17-02, by Don and Julie Findell, to create two single family lots from one large single family lot,pin number is 13-30-24-21-0006. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:12 PM Stacy Stromberg, Planner, said that the petitioners and owners of the vacant piece of land located north of 6700 Central Ave are seeking a lot split to sub-divide the large vacant lot to create two, new single- family lots. Fridley City Code requires that single-family lots in the R-1 zoning district be a minimum of 75 ft. in width with a minimum total lot area of 9,000 sq. ft. The subject property is a large single-family lot at 27,369 sq. ft. Ms. Stromberg stated that the petitioner is seeking to split the lot, so the northern lot is 85 ft. wide and the southern lot is 75 ft. wide. Both lots will be 171 ft. deep; Parcel A will be 14,541 sq. ft. and Parcel B will be 12,828 sq. ft. This property is in the 0-1, Floodplain Management Overlay District, which the City administers on behalf of the Federal Emergency Management Agency(FEMA)and is shown to be in the General Floodplain District (GF). This district doesn't allow the construction of new homes, unless there is an exemption or a letter of map revision issued by FEMA. Ms. Stromberg said that the property to the south has received an exemption from FEMA and a determination from the Rice Creek Watershed District, which also includes the subject property, stating 14 Planning Commission Meeting August 16, 2017 Page 4 of 9 "this area could not possibly be within the floodplain of Rice Creek under any circumstance due to extreme elevation difference." Since the Planning Commission report was completed, staff has heard from the neighbor to the south, who said he was not opposed to the construction of 2 new homes on this lot, he just wanted to make sure the zoning wasn't changing to anything but single family. Which we assured him, it isn't. Ms. Stromberg said that City Staff recommends approval of this lot split request,with stipulations as this will provide a new homeownership opportunity within the City. Staff recommends that if the lot split is granted,the following stipulations be attached: 1. A letter of map revision or exception from FEMA shall be submitted to City staff prior to issuance of a building permit for the construction of the new homes. 2. All necessary permits shall be obtained prior to construction of new homes. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. Any requirements set forth by the Rice Creek Watershed district shall be met. 5. Any requirements set forth by Anoka County shall be met. 6. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Property owner, at time of building permit application for the construction of the single-family homes, shall pay$1,500.00 required park dedication fee per lot. 8. Property owner at time, of building permit application for the construction of the single-family home, shall pay all water and sewer connection fees. 9. Concrete and tree debris along the bluff shall be cleaned up prior to issuance of a building permit for new homes. Chair Kondrick asked if the Findell's had any objections to the stipulations. Mr.Findell replied that the main one was if there is enough room on the lot to cover the existing concrete that is on the property. He wondered why the concrete couldn't stay as it is in the back of the property and he doesn't know how to get it out of there and it's been there for 40 years. He wondered if the concrete could just be covered up or if it had to be removed. John Perry, 6684 Central Avenue, has lived in the area for 38 years. He recalled that for a long time there was a truck pad for someone who lived on Channel Street and he could get through that way. The concrete was a pad for the truck. Commissioner Ostwald asked if it was a floating slab. Mr. Findell replied that it's a huge piece of concrete that is already part of the earth. It looks like there are places to hook up lines from a barge. He asked if dirt could be put over the slab; he would work things out with the watershed district. He said it's time to put this property to use. He has offered it for sale and has a good offer who is serious about building two homes out there. He asked if there was sewer in there. Ms. Stromberg will find out and get back to Mr.Findell. 15 Planning Commission Meeting August 16, 2017 Page5of9 Chair Kondrick noted that it is important to remove the concrete slab before they offer it or build something. Mr. Hickok talked to the property owner and there is a concern with the hole that was dug and materials were pushed over the slope. The bluff goes down to the creek. Removing the concrete will need to be done, when people take out a swimming pool, people ask to fill in the pool with dirt and the answer is no. The land needs to be returned to its predevelopment state, the buyer of the lot will want to know they have a clean lot. Todd Christenson, a friend of the petitioner said that this concrete that is northwest corner, looks like bridge footings or piers have been there for quite some time, the other smaller stuff can be easily removed. Chair Kondrick said that the city is asking that the concrete be removed. Mr. Christenson stated this concrete is retaining the dirt, removing it will loosen everything up. It can be taken care of,but we are looking for an alternative to removing it. Commissioner Heinz asked if we know how many of these piers are there? Mr. Hickok was not aware of this nor has he seen it. He saw the concrete boulders that were pushed to the north and rolled down the bluff. If the pier in there served as a foundation and worked as a retaining wall, there is something to talk about with the petitioner. It sounds like this is something he hasn't seen on this site. The stipulation is talking about cleaning up the small chunks of concrete that north side of the lot. If it is a retaining wall that would be a different topic. Commissioner Sielaff asked if just one parcel had concrete. Chair Kondrick replied yes. Mr. Hickok said that what is interesting about this lot is that it is 16' above the flood elevation. The contours of this lot are high enough to be out of the floodway. It may be that there were materials used to get the 16' of elevation up there. Engineers can take a look at this along with the Rice Creek Watershed District. This is a great candidate to take out of the floodway. Commissioner Schwankl asked what would happen if the watershed district decides the concrete was used to raise the land and can stay. Mr. Hickok said that the concrete that came out during the recent excavation and rolled over the bluff would still need to be removed, so that stipulation would still apply. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:38 • 16 Planning Commission Meeting August 16, 2017 Page 6 of 9 MOTION by Commissioner Oquist to approve the Consideration of a Lot Split, LS #17-02, by Don and Julie Findell,to create two single family lots from one large single family lot, pin number is 13-30-24-21- 0006 with the following stipulations: 1. A letter of map revision or exception from FEMA shall be submitted to City staff prior to issuance of a building permit for the construction of the new homes. 2. All necessary permits shall be obtained prior to construction of new homes. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. Any requirements set forth by the Rice Creek Watershed district shall be met. 5. Any requirements set forth by Anoka County shall be met. 6. Property owner, at time of building permit application, shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Property owner, at time of building permit application for the construction of the single- family homes, shall pay$1,500.00 required park dedication fee per lot. 8. Property owner at time, of building permit application for the construction of the single- family home, shall pay all water and sewer connection fees. 9. Concrete and tree debris along the bluff shall be cleaned up prior to issuance of a building permit for new homes. Seconded by Commissioner Sielaff. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY Chair Kondrick noted that this will go before City Council on September 11, 2017. 3. Consideration of a Text Amendment, TA 17-01, by the City of Fridley, to amend Chapter 205.30 0-5 Telecommunication Towers and Facilities District, to allow a telecommunications tower to a 150 ft. height provided conditions can be met to blend into the surrounding environment. MOTION by Commissioner Oquist to open the public hearing. Seconded by Commissioner Heintz. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:42 PM Scott Hickok, Community Development Director, stated that the City's telecommunications overlay created in 1997 has been a great tool that has needed little change over the last 20 years. However, technology is continually changing which requires staff to look at doing updates from time to time. There have been inquiries about whether under certain conditions a 150 ft. tall tower might be permitted rather than the code required 125 ft. Mr. Hickok noted that staff has analyzed this question and is providing a recommendation of approval if certain criteria can be met. The criteria is that the tower is located within 250 ft. of any of the following structures that exceed the height of 150 ft. These structures include: buildings, power lines, and train/rail yard fixtures such as light fixtures. The tower can meet or exceed any local, State, or Federal regulations 17 Planning Commission Meeting August 16, 2017 Page 7 of 9 relative to tower fall distance. All permits required to replace or expand an existing tower shall be reviewed and approved by the City prior to alteration. Mr. Hickok noted that current code requires stealth design so that the tower to the extent it can, will blend in with the surrounding environment. In Fridley, there are enormous above ground power structures, railroad signal structures and other elements which exceed 125 ft. high. By allowing an increase in height on cell towers in areas where other taller structures exist,the stealth intent can be met. The increase in height will also allow for more co-location on the towers of other cell carrier companies, therefore reducing the need for more towers. Mr. Hickok said that City staff recommends that the Planning Commission recommend approval of Text Amendment, TA #17-01 to the City Council. The City Council is scheduled to hold a public hearing on this item at their September 11,2017 meeting. Commissioner Sielaff asked what adjacent cities were doing. Mr. Hickok replied that 125' is very popular but some are as low as 100 but requests come in higher requiring variance requests. John Perry said that the current cellphone towers are 125 feet high and that provides adequate coverage. Now we are requesting 150' high towers for new corners who may or may want to come in. Chair Kondrick said that the 150' towers would only be built upon request. Mr.Perry asked if the taller towers provided better coverage. Chair Kondrick replied; we don't know but we want to be ready with this ordinance in case it would happen. Mr. Hickok said that telecom providers have asked about the potential ability to have a 150' tower and have more than 3 stations per tower which keeps us from having more towers. Commissioner Sielaff asked if the height of the tower or number of towers will need to continue to increase as cell phone providers increase their level of what that can provide. Mr. Hickok replied that providers are constantly in with permit requests to change out equipment on towers as technology changes. Towers are like a landlord leasing in an office building. Someone owns the tower and has the opportunity for other providers to lease that space. Cell towers located on land that is owned by the city,they lease from the city. Private industries pay the landlord of the property. MOTION by Commissioner Oquist to close the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:04 MOTION by Commissioner Oquist to approve the Consideration of a Text Amendment, TA 17-01, by the City of Fridley, to amend Chapter 205.30 0-5 Telecommunication Towers and Facilities District, to 18 Planning Commission Meeting August 16, 2017 Page 8 of 9 allow a telecommunications tower to a 150 ft. height provided conditions can be met to blend into the surrounding environment. Seconded by Commissioner Heintz. UPON A VOICE VOTE,ALL VOTING AYE, CHARI KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY RECEIVE MINUTES FROM OTHER COMMISSIONS: 1. June 6,2017,Environmental Quality and Energy Commission MOTION by Commissioner Oquist to receive the minutes. Seconded by Commissioner Ostwald. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 2. July 11,2017,Environmental Quality and Energy Commission MOTION by Commissioner Oquist to receive the minutes. Seconded by Commissioner Ostwald. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 3. June 5,2017,Parks & Recreation Commission MOTION by Commissioner Heintz to receive the minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE,ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 4. April 6,2017,Housing&Redevelopment Authority Commission MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY 5. May 4,2017,Housing&Redevelopment Authority Commission MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner Heintz. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY OTHER BUSINESS: Stacy Stromberg,Planner, said that the plat for Kurt Manufacturing was approved by City Council. The next Planning Commission Meeting is September 20,2017 pending agenda items. 19 Planning Commission Meeting August 16, 2017 Page 9 of 9 ADJOURN: MOTION by Commissioner Sielaff to adjourn. Seconded by Commissioner Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, PRO TEM CHAIRPERSON HANSEN DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:08 P.M. Respectfully submitted, Krista Peterson Recording Secretary 20 AGENDA ITEM Cu)°f CITY COUNCIL MEETING OF Fridley SEPTEMBER 11 , 2017 Date: September 6, 2017 To: Walter T. Wysopal, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Special Use Permit Request, SP#17-03, American Masonry REQUEST The petitioner, Mike Hart, of American Masonry located at _ _ 7701 East River Road, is the new owner of the property at 55 _� 6 77th Avenue NE, and is seeking a special use permit to allow ""'- i_ - _ • r limited outdoor storage on the property. \- \ utdoor . The petitioner would like to fence in a 37 ft. by 100 ft. area \-- toVage area north of the existing building to store small equipment and building supplies used for the business. City Code allows limited outdoor storage in the industrial ;� ti districts that is up to 50%of the building footprint with a special `. :' Ry._ use permit. This building is 8,780 sq. ft., so City code would `• allow up to 4,390 sq. ft. of outdoor storage on this site. The ,fi \ t - petitioner plans to fence in a 37 ft. by 100 ft., or 3,700 sq. ft. \l i a area to allow for the storage of small equipment and building \ , i supplies related to the business. i; PLANNING COMMISSION RECOMMENDATION ,`y s---r `.l At the August 16, 2017 Planning Commission meeting, a public :`':_ +' "`` s." hearing was held for SP#17-03. _: i' ' �- :...k _ __ _ is . c T� ' This public hearing notice was published in the Fridley Focus ';i :I '_ Newspaper on August 4, 2017. � _ After a brief discussion, the Planning Commission recommended approval of SP#17-03,with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution. 21 STIPULATIONS 1. Outdoor storage area shall be limited to the square footage amount requested as part of this special use permit request. 2. The types of materials stored in outdoor storage area shall be reviewed by the Fire Marshal. 3. The petitioner shall obtain a land alteration permit from the City's Engineering department and any other permit they deem necessary prior to work being done on-site. 4. The petitioner shall obtain any necessary approval from the Coon Creek Watershed District. 5. City staff to review and approve landscape plan prior to issuance of a land alteration permit. 6. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 22 City of Fridley Land Use Application SP #17-03 August 16, 2017 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT American Masonry The petitioner, Mr. Hart, of American Masonry is Mike Hart seeking a special use permit to allow limited 7701 East River Road NE outdoor storage in an area north of the existing Fridley MN 55432 building on the property located at 55 77th Avenue Requested Action: NE. Special Use Permit to allow limited outdoor SUMMARY OF ANALYSIS storage City Staff recommends approval of this special use Location: permit, with stipulations. 55 77th Avenue NE Limited outdoor storage is a permitted special use Existing Zoning: in the S-3, Heavy Industrial Onaway Addition zoning S-3 (Heavy Industrial, Onaway Addition) district, provided specific code requirements are Size: met, subject to stipulations. 89,086 sq. ft. 2.04 acres CITY COUNCIL ACTION/60 DAY DATE Existing Land Use: City Council—September 11, 2017 Industrial 60 Day—September 11, 2017 Surrounding Land Use &Zoning: t ' $ a3 i " .' =t N: Industrial &S-3h t E: Industrial & S-3 ', ` ' S: Industrial & M-2 ~ TETH aB Rail & RR — y` Comprehensive Plan Conformance: ' E Consistent with Plan Zoning Ordinance Conformance: t -4, , Sec. 205.25.04.C.12 requires a special use , ;v°_E -- permit to allow limited outdoor storage ;;_- — 4.� 114 F;w Legal Description of Property: Lots 1-8, Block 5, Onaway Addition, 1 ... Zoning History: . t i it Ir*?=Y;+ 1911—Lot is platted , bi-r 1970—Building constructed (office &shop) \ ' t 'We 1981—Building addition '''' .-•'„"_- 1986—Variances approved to reduce the side yard setback from 20 ft. to 0 ft 1986—Building addition 4r ,-,E „ Public Utilities: :. ' Building is connected meq Transportation: Aerial of Property The property can be accessed from 77th Staff Report Prepared by: Stacy Stromberg Avenue and 78th Avenue. Physical Characteristics: Flat lot with a small industrial building, hard and gravel surface areas with a tree covered area on the northeast side of the site 13 Land Use Application Special Use Permit #17-03 REQUEST The petitioner, Mike Hart, of American Masonry located at - - - �---y --� -� 7701 East River Road, is the new owner of the property at 6 � 55 77th Avenue NE, and is seeking a special use permit to allow limited outdoor storage on the property. " • The petitioner would like to fence in a 37 ft. by 100 ft. area north of the existing building to store small equipment and {'- building supplies used for the business. HISTORY AND ANALYSIS • The subject property is zoned S-3, Heavy Industrial, Onaway Addition and is a triangular piece of property r. bordered by 78th Avenue to the north, 77th Avenue to the south and the railroad tracks to the west. In 1998, the City created a new zoning district for industrial lots below one and a half acres in size,with special attention to the Onaway Addition. The creation of this zoning district \ allowed lots in the Onaway Addition to become in F-- - compliance with the code as it recognized the small lot 'i`` ' `�' sizes. • The original office and shop building on the subject ";+ :s property was constructed in 1970. There have been two building additions since then; one constructed in 1981 and the other in 1986. The 1986 addition was constructed as a result of a variance being granted to reduce the side yard setback from 20 ft. to 0 ft. At that time,the subject property was owned by Sentinel Restoration Projects Inc., which also owned 2 other industrial properties to the east, so the properties combined functioned like a campus for that owner. The properties have since become for sale, and the petitioner who currently operates their business at 7701 East River Road needed additional space for growth and was able to acquire this property. The petitioner states in his narrative that since they located in Fridley in 1999; they've grown from 12 employees to 90. With that growth they need a larger facility to park vehicles and have additional warehouse space. Over the last several years they looked for space throughout the metro to provide for their growing business and in 2015 met with City staff during a business retention visit to review potential options for staying in Fridley. The subject property became available in close proximity of their existing facility, so they purchased it with the intent of making improvements to utilize it as part of their operations. They are planning to make several improvements to the property including, correcting grading issues, adding a storm water pond, adding landscaping and completely renovating the exterior of the building. It should be noted that this property along with others along the rail-line have many challenges for development because of the extensive underground and overhead utilities and easements. So,the petitioner's proposal is a great re-use of this site. 24 CODE REQUIREMENTS City Code allows limited outdoor storage in the industrial districts that is up to 50%of the building footprint with a special use permit. This building is 8,780 sq.ft.,so City code would allow up to 4,390 sq. ft.of outdoor storage on this site. The petitioner plans to fence in a 37 ft. by 100 ft.,or 3,700 sq.ft.area to allow for the storage of small equipment and building supplies related to the business. Before the proposed special use permit can be issued,several additional requirements need to be met. Those specific requirements relate to height,screening, parking,and the types of materials allowed to be stored outside. The petitioner states that proposed use of the building is strictly for storage. City code would require 5 parking stalls for this use. The plan submitted shows 53 parking stalls that are needed to park the company's vehicles. Those vehicles will be used during the day and stored on-site at night. The entire property will be fenced in,with automatic gates for access from the north and the south. The petitioner plans to fence in the outdoor storage area with a wood privacy fence,which will meet code screening requirements from the public right-of-way and the rail right-of-way. All other code requirements to allow a special use permit for limited outdoor storage are being met. City staff hasn't heard from any neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the S-3, Heavy Industrial Onaway Addition zoning district, provided specific code requirements are met,subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted,the following stipulations be attached. 1. Outdoor storage area shall be limited to the square footage amount requested as part of this special use permit request. 2. The types of materials stored in outdoor storage area shall be reviewed by the Fire Marshal. 3. The petitioner shall obtain a land alteration permit from the City's Engineering department and any other permit they deem necessary prior to work being done on-site. 4. The petitioner shall obtain any necessary approval from the Coon Creek Watershed District. 5. City staff to review and approve landscape plan prior to issuance of a land alteration permit. 6. Per Section 205 of the Fridley City Code, this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 25 RESOLUTION NO. 2017 - A RESOLUTION APPROVING SPECIAL USE PERMIT,SP#17-03 TO ALLOW LIMITED OUTDOOR STORAGE FOR AMERICAN MASONRY LOCATED AT 55 77TH AVENUE NE WHEREAS, Section 205.25.01.C.12 of the Fridley City Code allows limited outside storage in an M-2 zoning district by a Special Use Permit if certain conditions can be met; and WHEREAS, on August 16, 2017, the Fridley Planning Commission held a public hearing to consider a request by American Masonry, for the property located at 55 77th Avenue NE in Fridley, legally described in Exhibit B, for Special Use Permit, SP#17-03 to allow limited outside storage; and WHEREAS,at the August 16,2017 meeting,the Planning Commission unanimously recommended approval of Special Use Permit, SP#17-03; and WHEREAS, on September 11,2017,the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit SP#17-03; and WHEREAS, the petitioner and owner of the property, American Masonry was presented with Exhibit A,the stipulations for SP#17-03 at the September 11,2017 City Council meeting;and WHEREAS, on September 11, 2017, the Fridley City.Council approved the outdoor storage location as represented in Exhibit C to this resolution, as the only location where outdoor storage can exist on the subject property;and WHEREAS, the petitioner and owner of the property, American Masonry was presented with Exhibit C,the site plan depicting the outdoor storage locations for SP #17-03, at the September 11, 2017 City Council meeting; and WHEREAS, Section 205.05.5.G of the Fridley City Code states that this special use permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special UseP - ermit SP #17 03 and stipulations represented in Exhibit A and the outdoor storage locations P p � depicted on Exhibit C are hereby adopted by the City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEP 1'EMBER,2017. SCOTT LUND—MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 26 EXHIBIT A SP#17-03 Special Use Permit for Limited Outdoor Storage American Masonry—55 77th Avenue NE Fridley MN 55432 STIPULATIONS 1. Outdoor storage area shall be limited to the square footage amount requested as part of this special use permit request. 2. The types of materials stored in outdoor storage area shall be reviewed by the Fire Marshal. 3. The petitioner shall obtain a land alteration permit from the City's Engineering department and any other permit they deem necessary prior to work being done on-site. 4. The petitioner shall obtain any necessary approval from the Coon Creek Watershed District. 5. City staff to review and approve landscape plan prior to issuance of a land alteration permit. 6. Per Section 205 of the Fridley City Code,this Special Use Permit will become null and void one year after the City Council approval date if work has not commenced or if the Petitioner has not petitioned the City Council for an extension. 1 27 EXHIBIT B SP#17-03 Special Use Permit for Limited Outdoor Storage American Masonry—55 776 Avenue NE Fridley MN 55432 Legal Description: Lots One to Eight(1 to 8)inclusive of Block Five(5),All in Onaway according to the plat thereof on file and of record in the office of the Registrar of Deeds in and for said Anoka County. Subject also to the reservation to the State of Minnesota in trust for the taxing districts concerned, of all mineral and mineral rights as provided by law. AND That part of the West Half of vacated PINE St. (now known as Gumwood Street), as dedicated in the plat on ONAWAY, lying southerly of the westerly extension of the north line of Block 6,ONAWAY,and northerly of the westerly extension of the south line of said Block 6. AND All that part of the 20 foot alley located adjacent to the West side of Block 5, Onaway, lying between the Westerly extension of the North line of said Block 5 and the Westerly extension of the South line of said Block 5; Reserving to the City of Fridley easement for drainage and utility purposes over the vacated alley. 28 i s riR \\ Dew•aulw�nwIf esse-6,,,,<: i 006,sa .:ww + 1•Tr aN-+O a6gr•Es884.1068ENw 6806 48816 Mb TOLLNo U--V Sfl3WN9AiAOWI-3311 s li NVId ills AIINOSVW NaItiWV +i 10 I II , — , ;11 1 1....w" 11 , . i„. , rr' i 00 13...... i • 14 m o o J �. .I p hi 1 ... I 1 il---ht--- £ • ♦ I 1 t. 0 • yip ��i3p Mill/EMI 5 — — --t--",84E81+:8:-:"-M..-1--r---- --ter. e s -----1---- - 1- – A r 6• k f B • 3N 3f1N3/\V HlCL\ g 1\i 0 is i • � �` $ ; d � 1 �� —\ \ w \ '� ° VI i \ - -i--T--I--�–ji_ 0 r / • • • •• 1 g r t • • 1 9 IS ik i 1 1 1 T . i. nn nmm �1., __ _; : ` �f \ i \\ a t eXt y ¢ y • ♦ se re R ii 1 II I i I [A I Avi r iiv..��Lu/vYu iu�g 1‘, / \, � I \, •se s \\ a p� Y j" riii Q II — ( 1 I .. ; 11 3 \� �\ i I ` • \` p I g 1r1 fit [ I g�1 R 4• hi g i gq■ py --- — �j�yti;R.�_f.� {,: \ 7�� \\ , i ••• i h gr . .l!pl1#ti a it 311 y§gg ' \ ♦\ . • • a.. C $,.„\ .•• \. , . a 9 a s I:. \A \it .-,16\ • • \ il • , , • ...,41-, \I r �Z, ♦emg \J \ owl,* \ A • s..., _ „„i # { ` 4114'a' \ 1 j\y l W. •.1 ... '. - e • \ • va",400'. RkSr-i-*-1;• wric,i -, , ----, \ • „ • r • . •wittio, ,k,.:1E-7,,r,,,, 4,0 ,,A..sq • • • \ \ • — 1 Co •• M r — 1. 0'i I s f t Mme~ \ ♦i i ok ‘11.421. arf13AV g'.,l NM i---�' r ' A\\T ♦-— ——- — • •'' -11'- N _Rb -.------1?-6 •tY aR k _ _ f 3 ' •i r'f' I .1.... \\ ��\ i s /� \ ••• • I I I $ 3 I \, A \V • • I 1 gs i I \ \ \,S. • \ t\ ` 1T • i I t\ ` 29 iam`miff AGENDA ITEM ` °f CITY COUNCIL MEETING OF Fridley SEPTEMBER 11, 2017 Date: September 6,2017 To: Walter T. Wysopal,City Manager From: Scott Hickok,Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Lot Split Request, LS#17-02, Don and Julie Findell INTRODUCTION The petitioners and owners of the vacant piece of land located north of 6700 Central Avenue, Don and Julie Findell;are seeking a lot split to sub-divide the large vacant lot to create two, new single family lots. Fridley City Code requires that single-family lots in the R-1 zoning district be a minimum of 75 ft. in width with a minimum total lot area of 9,000 sq.ft. The subject property is a large single family lot at 27,369 sq. ft. The petitioner is seeking to split the lot, so the northern lot is 85 ft.wide and the southern lot is 75 ft.wide. Both lots will be 171 ft. deep. Parcel A will be 14,541 sq.ft. in size and Parcel B will be 12,828 sq.ft. in size, therefore, both lots exceed the minimum lot size and lot width requirement. PLANNING COMMISSION RECOMMENDATION At the August 16, 2017, Planning Commission meeting,a public hearing was held for LS#17-02. This public hearing notice was published in the Fridley Focus Newspaper on August 4,2017. There was some discussion between the Planning Commission,the petitioner and staff related to stipulation#9. The petitioner has stated that there is a large concrete pier that is on the property that is acting like a retaining wall that they would prefer not to remove. Stipulation#9 is specifically related to the loose concrete debris that looks to have recently been pushed over the bluff on the north side of the lot. If a concrete pier exists on the property,a structural engineer with need to verify that it can remain in place before a new home in constructed on the lot. This structural analysis will be required prior to issuance of a building permit. The Planning Commission did recommend approval of the lot split request, LS#17-02,with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City staff recommends concurrence with the Planning Commission and approval of the attached resolution. 30 STIPULATIONS 1. A letter of map revision or exception from FEMA shall be submitted to City staff prior to issuance of a building permit for the construction of the new homes. 2. All necessary permits shall be obtained prior to construction of new homes. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits,in order to minimize impacts to the surrounding properties. 4. Any requirements set forth by the Rice Creek Watershed district shall be met. 5. Any requirements set forth by Anoka County shall be met. 6. Property owner, at time of building permit application,shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Property owner, at time of building permit application for the construction of the single family homes,shall pay$1,500.00 required park dedication fee per lot. 8. Property owner at time, of building permit application for the construction of the single family home,shall pay all water and sewer connection fees. 9. Concrete and tree debris along the bluff shall be cleaned up prior to issuance of a building permit for new homes. 31 City of Fridley Land Use Application LS#17-02 August 16, 2017 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF PROJECT Don and Julie Findell The petitioners and owners of the vacant piece of 6850 Siverts Lane NE property located north of 6700 Central Avenue, Don Fridley MN 55432 and Julie Findell, are seeking a lot split to sub-divide Requested Action: the vacant lot to create two, new single family lots. Lot Split SUMMARY OF ANALYSIS Purpose: City Staff recommends approval of this lot split To create two single-family lots request. Existing Zoning: • Provides additional homeownership R-1 (Single Family Residential) opportunities within the City. Location: CITY COUNCIL ACTION/60 DAY DATE Unaddressed, vacant lot located north of City Council—September 11, 2017 6700 Central Avenue NE 60-Day Date—September 11, 2017 Size: 27,369 sq. ft. .62 acres 4 ¢ --' .r � ;ttaxic J Existing Land Use: it tiRal � ' ` }, Large Single Family Lot Surrounding Land Use &Zoning: -tzt ' N: Single Family& R-1 E: Park land & P S: Single Family & R-1 W: Single Family& R-1 ► y ' Comprehensive Plan Conformance: _ . _,_ , Consistent with Plan a > ' Zoning Ordinance Conformance: Section 205.07 requires a minimum lot size * eil of 9,000 sq. ft. and a minimum lot width of 75 feet Zoning History: _ ,,ti. -, ,_ • 1953— Lot platted "__ • Lot remains vacant it Legal Description of Property: - ,; Lot 4C,Second Revision Auditor's Subdivision No. 21 , < e f.-- `' s Public Utilities: a Water and sewer services are available in ir the street for the new homes Transportation: The new homes will be accessed from Subject Property Central Avenue Staff Report Prepared by: Stacy Stromberg Physical Characteristics: Large single family lot,wooded with some areas cleared out that drops off to Rice Creek on the north 32 Land Use Application Lot Split #17-02 ANALYSIS The petitioners and owners of the vacant piece of land located north of 6700 Central Avenue, Don and Julie Findell; are seeking a lot split to sub-divide the large vacant lot to create two, new single family lots. The subject property is zoned R-1,Single 11 Family, as are all surrounding properties, , except the land across Central Avenue is PARCEL A Anoka County park land. ,'a. i, , Fridley City Code requires that single- ', o family lots in the R-1 zoning district be a 6 -' c minimum of 75 ft. in width with a Y. , -ti; F minimum total lot area of 9,000 sq.ft. 77\ p L9" , , > The subject property is a large single L �� family lot at 27,369 sq.ft. - i _ ",... ...r— .- - rm is s , ' The petitioner is seeking to split the lot, { PA R c s iM/e ' I"`';-- 1••••.. N'Aso the northern lot is 85 ft.wide and theme � � —1y r _,_a ice' `•✓',, _'/Z„� ,i southern lot is 75 ft.wide. Both lots will , i ., =.. .ter •1 :"v 1 .,. be 171 ft. deep. Parcel A will be 14,541 ;' «—s - sq. ft. in size and Parcel B will be 12,828 ' sq.ft. in size,therefore, both lots exceed the minimum lot size and lot width requirement. Parcel A was purposely made larger due to the fact that the northern edge drops off to Rice Creek. This additional land area will give the adequate space needed for construction of a home on the lot and also meets the intent of the simple fraction rule in the Subdivision ordinance. ✓ This subject property is in the 0-1, Floodplain g Management Overlay District,which the City ' -• _; administers on behalf of the Federal Emergency Management Agency(FEMA) and is shown to be in , 1 the General Floodplain District(GF). This district r l i i doesn't allow the construction of new homes, s " 4= j unless there is an exemption or a letter of map ok tok I - revision issued by FEMA. The property to the south of this property has received an exemption and a ,Thisareaoouidnot 4 # determination from the Rice Creek Watershed possidg be udF,in the � floodplain District,which also includes the subject property, tr,- 3 under ang c:ounstanoe xa :Nar g' due to extreme elevation' c ence. \:,t,;. .--,:w.,-5,., stating "this area could not possibly be within the floodplain of Rice Creek under any circumstance i trill,4.1r ' due to extreme elevation difference." Based on �. . t ` this information, staff believes the property can be built on; however we will stipulate that a letter of 1"'"W''1''ti j ti' ' r� �a 1' map revision from FEMA be submitted to us before a building permit can be issued. 33 The City hasn't heard from any neighboring property owners. STAFF RECOMMENDATION City Staff recommends approval of this lot split request, with stipulations. • Provides additional homeownership opportunities. STIULATIONS City Staff recommends that if the lot split is granted, the following stipulations be attached. 1. A letter of map revision or exception from FEMA shall be submitted to City staff prior to issuance of a building permit for the construction of the new homes. 2. All necessary permits shall be obtained prior to construction of new homes. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 4. Any requirements set forth by the Rice Creek Watershed district shall be met. 5. Any requirements set forth by Anoka County shall be met. 6. Property owner, at time of building permit application,shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 7. Property owner, at time of building permit application for the construction of the single family homes,shall pay$1,500.00 required park dedication fee per lot. 8. Property owner at time, of building permit application for the construction of the single family home,shall pay all water and sewer connection fees. 9. Concrete and tree debris along the bluff shall be cleaned up prior to issuance of a building permit for new homes. 34 1 RESOLUTION NO. 2017- A RESOLUTION APPROVING A SUBDIVISION,LOT SPLIT,LS#17-02, TO CREATE TWO SINGLE FAMILY LOTS FROM THE LARGE LOT GENERALLY LOCATED NORTH OF 6700 CENTRAL AVENUE,WITH A PARCEL IDENTIFICATION NUMBER OF 13-30-24-21-0006 WHEREAS,the Planning Commission held a public hearing on the Lot Split,LS#17-02,on August 16, 2017 and recommended approval based on meeting the minimum requirements set forth within the zoning code of the R-1, Single Family zoning district;and WHEREAS,the City Council at their September 11,2017 meeting approved the Lot Split request; and WHEREAS, such approval was to create two single family lots within the R-1, Single Family zoning district,based on new legal descriptions which read as follows: PARCEL A: That part of Lot 4C, Second Revision Auditors Subdivision No. 21,Anoka County. Which lies North of the South 75 feet thereof. PARCEL B: The South 75 feet of Lot 4C, Second Revision Auditors Subdivision No.21,Anoka County. WHEREAS,the City has received the required Certificate of Survey from the petitioner, showing the proposed new legal descriptions and it is attached as Exhibit B; and WHEREAS,the City has approved Lot Split,LS#17-02 with the stipulations as outlined in Exhibit A; NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Fridley approves Lot Split,LS#17-02 and directs the petitioner to record this Lot Split at Anoka County within one-hundred eighty(180)days or said approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEPTEMBER 2017. SCOTT J.LUND-MAYOR ATTEST: DEBRA A. SKOGEN-CITY CLERK 35 I EXHIBIT A STIPULATIONS FOR LS#17-02 1. A letter of map revision or exception from FEMA shall be submitted to City staff prior to issuance of a building permit for the construction of the new homes. 2. All necessary permits shall be obtained prior to construction of new homes. 3. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any buildingpermits, in order to minimize impacts to the surroundingproperties. 4. Any requirements set forth by the Rice Creek Watershed district shall be met. 5. Any requirements set forth by Anoka County shall be met. 6. Property owner,at time of building permit application, shall provide proof that any existing n wells or individual sewage treatment systems g y s located on the site are properly capped or removed. 7. Property owner,at time of building permit application for the construction of the single family homes, shall pay$1,500.00 required park dedication fee per lot. 8. Property owner at time, of building permit application for the construction of the single family home, shall pay all water and sewer connection fees. 9. Concrete and tree debris along the bluff shall be cleaned up prior to issuance of a building permit for new homes. 36 I 1 OLD CENTRAL AVENUE NE CURS Pq 4 I(i _ SOt'56'23"E>..160.00 _f V/ o �. f` *P. _ /85.00 0 75.00 � "-:':: —, In t lip )1iire \ \\., I .. -\\ ,/ ., o� I )4( • � . f a i` i r S r\ r o . (1,,,,/,:i ■ / 'il 1 m . } �.gia .�Y61,1 . WSi\ , ; N/ t .v T t ' �'O a Vi �.... / ygR V / WT? Cr\/ / • d •� Z.. i s �� W h 01 • i `'�}', \ `\\ $ V / / N$ 11.1 iti / , .. I ... �, _. I V 1?i, �/ /� co 00 Lf. _ t 1 ■ \., WW w i.\ f- a. 04H-, s" 7 g :1r'o '\ \ \ \C A ffi� p N i \, $ $. . . 75.00. . ,1 p.7 00 „,_ ,,. U o N01'57 28 W 160.00 NS Z i„, so i S I $ 8 is „,ma A cj § as M N M 1°. . i I 67 " 1' I gi I r i' k : t il i i 0 H Fq. 1 geo g li ifA . Zo 0 1 g§ i 4. R 11 t 10 (1 i Mrs N 1° 411 37 i_ AGENDA ITEM 110111/ CITY COUNCIL MEETING OF Fridley SEPTEMBER 11, 2017 TO: WALLY WYSOPAL, CITY MANAGER FROM: SHELLY PETERSON,FINANCE DIRECTOR MARY SMITH, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROJECT NO. ST 2017-01 DATE: September 7,2017 Attached you will find the resolution directing preparation of the assessment roll for the Street Improvement Project No. ST 2017-01. This project included 99 properties. The assessment will be for 10 years at a rate of 6.0%. SP/ms Attachment 1 38 RESOLUTION NO. 2017- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST 2017-01 WHEREAS, the costs for the Street Improvement Project No. ST 2017-01 have been estimated to be $1,175,000 for the contract price for such improvement and$120,000 for expenses incurred in the making of such improvement so that the total estimated cost of the improvement is $1,295,000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby estimated to be $955,000, and the portion of the cost to be assessed against benefited property owners is estimated to be $340,000. Assessments shall be payable in installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2018 and shall bear interest at the rate of 6.0 percent per annum from the date of the adoption of the assessment resolution. The Finance Director, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. The Finance Director shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY OF SEPTEMBER,2017. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 39 AGENDA ITEM CITY COUNCIL MEETING OF c Iry el Fridley SEPTEMBER 11, 2017 TO: WALLY WYSOPAL, CITY MANAGE& FROM: SHELLY PETERSON,FINANCE DIRECTOR MARY SMITH, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE STREET IMPROVEMENT PROJECT NO. ST 2017-01 DATE: September 7, 2017 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the Street Improvement Project No. ST 2017-01. This project included 99 properties. These properties will be assessed an estimated total of$340,000. The public hearing notice will be published in the Focus newspaper on September 22, 2017, as required by State Statute. SP/ms Attachment 40 RESOLUTION NO.2017- RESOLUTION DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR THE STREET IMPROVEMENT PROJECT NO. ST 2017-01 WHEREAS, by resolution passed by the Council on September 11, 2017, the Finance Director was directed to prepare a proposed assessment of the Street Improvement Project No. ST 2017- 01, AND WHEREAS, the Finance Director has notified the council that such proposed assessment has been completed and filed by her office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: A hearing shall be held on the 9th day of October, 2017 in the City Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The Finance Director is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY OF SEPTEMBER, 2017. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 41 AGENDA ITEM cryf CITY COUNCIL MEETING OF Fridley SEPTEMBER 11, 2017 TO: WALLY WYSOPAL, CITY MANAGE FROM: SHELLY PETERSON,FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2017 NUISANCE ABATEMENT DATE: September 7, 2017 Attached you will find the resolution directing preparation of the assessment roll for the 2017 Nuisance Abatement. This project included approximately 39 properties. The assessment will be for 1 year at a rate of 6.5%. SP/gt Attachment 42 RESOLUTION NO. 2017- RESOLUTION DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR THE 2017 NUISANCE ABATEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: 1. It is hereby determined that the assessable cost to the following named improvement to-wit: 2017 NUISANCE ABATEMENT including all incidental expenses thereto is estimated at$20,412.19. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY OF SEPTEMBER 2017. SCOTT J. LUND—MAYOR ATTEST: DEBRA A. SKOGEN- CITY CLERK 43 AGENDA ITEM c�tyof CITY COUNCIL MEETING OF Fridley SEPTEMBER 1112017 TO: WALLY WYSOPAL, CITY MANAGER FROM: SHELLY PETERSON,FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION DIRECTING PUBLICATION OF THE PUBLIC HEARING NOTICE FOR THE 2017 NUISANCE ABATEMENT DATE: September 7,2017 Attached you will find the resolution directing publication of the public hearing on the assessment roll for the 2017 Nuisance Abatement. This included yard debris clean up, and lawn service for a total of approximately 39 properties. The total assessment is estimated to be $20,412.19. The public hearing notice will be published in the Sun Focus newspaper on September 22, 2017 as required by State Statute. SP/gt Attachment 44 RESOLUTION NO. 2017 RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE 2017 NUISANCE ABATEMENT WHEREAS, by resolution passed by the City Council on the 11th day of September, 2017, the Finance Director was directed to prepare a proposed assessment of the cost of Nuisance Abatement; and WHEREAS, the Finance Director has notified the Council that suchro osed assessment roll P p has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City Fridley,Fridle , An oka County, Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka County, Minnesota on the 9th day of October, 2017, at 7:00 o'clock P.M. to pass upon the proposed assessment for: 2017 NUISANCE ABATEMENT 2. The Finance Director shall publish notice of the time and place of meeting in the official newspaper of the City at least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY OF SEPTEMBER 2017. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 45 AGENDA ITEM CITY COUNCIL MEETING OF Fridley SEPTEMBER 11, 2017 TO: Walter Wysopal, City Manager PW17-056 FROM: James Kosluchar, Public Works Director Brandon Brodhag, Civil Engineer DATE: September 5, 2017 SUBJECT: Approve Change Order 1 for Main St Trail Project ST2015-21 Attached is Change Order No. 1 for the Main St Trail Project ST2015-21. This project provides a multi-use trail along the west side of Main St from 44th Ave to 57th Ave, including a new pedestrian bridge over Interstate 694. This project is being performed under a contract with S.M. Hentges& Sons, Inc., of Jordan, MN. The amount of this change order is $23,795.38. There is no change to the contract completion date for the project as a result of this change order. Total work included in Change Order 1 for this project would increase the original contract by 1.3%.This amount of additional work was required due to the following: 1. The contractor's bid for tree removals included one mobilization.During construction, it was determined that additional trees needed to be removed, requiring a second mobilization. The additional tree removals were paid at the contract unit price, however, added costs were incurred for the second mobilization. 2. An additional lane closure of WB 694 was required in order to do center median work for the loop detector system that was not included in the bid. 3. The engineer has determined that due to differing site conditions, modular block retaining walls are not needed from Station 58+95 to Station 59+23 and from Station + Station + a on 60 60 to 61 60. The contractor had paid for engineering services to design the modular block retaining walls that were eliminated. The pay item will reflect a lower quantity of retaining walls installed. This change order represents the portion of the unit price bid for the design of the walls. 4. During construction of the south abutment of the proposed pedestrian bridge (Bridge 02587), it was discovered that a MnDOT storm sewer pipe was located within the construction limits of the bridge footing. The storm sewer pipe was not located during the Utility Survey.The storm sewer was not marked prior to or during construction and was discovered while excavating for the footing. The contractor was required to install a short- term bypass to reconnect the existing storm sewer system so work could continue. This change order relates to the short term by-pass only. 5. During construction south of the proposed pedestrian bridge(Bridge 02587)the contractor encountered trash and debris within the project limits. These items were collected by the contractor and transported to an on-site dumpster. 6. The unmarked storm sewer pipe (described in Item 4 above) was permanently rerouted. 46 The contractor provided all equipment, material, and labor to complete the work and all work was in accordance with the applicable specifications. This work is not expected to become, or affect the Controlling operation. Contract time will not be altered as a result of this work except provided in MnDOT Specification 1806. Staff is recommending that the City Council move to approve Change Order No. 1 for the Main St Trail Project ST2015-21 in the amount of$23,795.38 to S.M. Hentges &Sons, Inc. If approved, the contract amount shall be increased from $1,882,486.05 to $1,906,281.43. BJB/bjb Attachment 47 Fridley Public Works Department Strada•Parka•Water•Sewer•Stormwater•Fleet•Facilities*Engineering 9/11/2017 S.M.Hentges&Sons,Inc. 650 Quaker Ave Jordan,MN 55352 SUBJECT:Change Order No.1 Main St Trail Project ST2015-21 You are hereby ordered,authorized,and Instructed to modify your contract for the above referenced project by including the following items: ITEM NO. DESCRIPTION UNITS QUANTITY UNIT PRICE COST 1 Additional Mobilization LS 1 $ 2,750.00 $ 2,750.00 2 Additional WB 694 Lane Closure LS 1 $ 660.00 $ 660.00 3 Eliminated Retianing Walls Fee LS 1 $ 600.60 $ 600.60 4 Temporary Storm Sewer LS 1 $ 1,848.68 $ 1,848.68 5 Waste Disposal LS 1 $ 507.10 $ 507.10 6 Storm Sewer Reroute LS 1 $ 17,429.00 $ 17,429.00 $ $ $ CHANGE ORDER NO.1 TOTAL= $ 23,795.38 Original Contract Amount: $ 1,882,486.05 Prior Change Orders Approved: $ - 0.0%of Original Contract Amount This Change Order: $ 23,795.38 1.3%of Original Contract Amount Proposed Contract Amount: 5 1,906,281.43 Submitted and approved by James Kosluchar,Director of Public Works,on the 11th Day of September,2017 James P.Kosluchar,Director of Public Works Approved and accepted this_th day of 2017 by S.M.Hentges&Sons,Inc. S.M.Hentges&Sons,Inc. Approved and accepted this_th day of 2017 by the City of Fridley Scott Lund,Mayor Waiter T.Wysopal,City Manager Page lofl 48 �r AGENDA ITEM Y CITY COUNCIL MEETING OF September 11, 2017 TO: Walter Wysopal, City Manager PW17-057 FROM: Jon Lennander, Assistant City Engineer James Kosluchar, Public Works Director DATE: September 6, 2017 SUBJECT: Approve Encroachment Agreement for 5906 Benjamin Street Alexander and Sierra Smith, residents at 5906 Benjamin Street NE in Fridley have executed an Encroachment Agreement for a retaining wall located in the right-of-way of Benjamin Street and Gardina. This agreement was prepared by the City Attorney,and it is being presented for execution by the City. In October 2016 City Staff noticed a stone retaining wall at the corner of Benjamin and Gardina. A letter was sent to the owner notifying them that the work was non-permitted,that a permit would not have been issued for this wall,and that the impacts existing utilities in the area. No response was received at that time. In April 2017 a second letter was sent to the owners. Alex Smith responded to that letter and staff met with him. From that meeting it was found that the Smiths had recently bought the property,and the wall was constructed by the previous owner. It was also clear that removing the wall would be a hardship for the new owners so staff reviewed options for this property. The Fridley Street and Utility Departments agreed to allow the wall to remain in place with an encroachment agreement that specifies the conditions for removal of the wall if needed in the future. The Smiths have agreed with the conditions of the agreement. The Encroachment Agreement will be filed at Anoka County and will run with the property in case the current owners sell the property. Staff is recommending that the City Council move to approve an Encroachment Agreement for 5906 Benjamin Street for execution by the Mayor and City Manager, JXUjxl Attachment I 49 AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS WITHIN CITY RIGHT-OF-WAY ON LOT 3 BLOCK 1 VARICHAK ADDITION 5906 BENJAMIN STREET NE IN THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA 50 AGREEMENT RELATING TO LANDOWNER IMPROVEMENTS WITHIN CITY RIGHT-OF-WAY ON LOT 3, BLOCK 1, VARICHAK ADDITION, IN THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA THIS AGREEMENT,made this day of ,2017,by and among the City of Fridley(hereafter referred to as"City"), a Minnesota municipal corporation, and Alexander N. Smith and Sierra J. Smith,husband and wife(hereafter referred to collectively and individually as "Landowners"). Based on the covenants, agreements,representations and recitals herein contained,the parties agree as follows: ARTICLE 1 TERMS 1.1 Terms. Unless specifically defined elsewhere in this Agreement, the following terms shall have the following meanings. 1.2 City. "City"means the City of Fridley,a Minnesota municipal corporation. 1.3 Subiect Lot. "Subject Lot" means Lot 3, Block 1, VARICHAK ADDITION, according to the plat thereof on file and of record in the office of the Anoka County Recorder, Anoka County, Minnesota. The Subject Lot is located in the City of Fridley,Anoka County,Minnesota. 1.4 City Right-of-Way. "City Right-of-Way" means, individually and collectively, the following Right-of-Way on the Subject Lot: The permanent Right-of-Way adjacent to the Subject Lot on the recorded plat of VARICHAK ADDITION,Anoka County,Minnesota 1.5 Landowners. "Landowners" means collectively and individually Alexander N. Smith and Sierra J. Smith, husband and wife and their respective heirs, assigns and successors in interest with respect to the Subject Lot. 1.6 Formal Notice. "Formal Notice" means notice given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage prepaid, addressed as follows: -1- 51 IF TO CITY: City of Fridley Attention: Director of Public Works 6431 University Avenue,N.E. Fridley,MN 55432 IF TO LANDOWNERS Alexander and Sierra Smith(or their heirs, successors or assigns) 5906 Benjamin Street NE Fridley,MN 55432 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above,provided, that a notice not given as above shall, if it is in writing,be deemed given if and when actually received by a party. 1.7 Landowner Improvements. "Landowner Improvements" means the four foot high stone retaining wall depicted on Exhibit A and constructed by the previous owner of the Subject Lot within the City Right-of-Way. 1.8 City Right-of-Way Improvements. "City Right-of-Way Improvements" means all existing and future sanitary sewer, municipal water and storm water pipes, conduits, culverts, ditches, ponds, catch basins, water collection mechanisms, drainage facilities, maintenance access routes and other utility appurtenances lying within the City Right-of-Way now or in the future. ARTICLE 2 RECITALS Recital No. 1. The undersigned Landowners are Alexander and Sierra Smith of the Subject Lot located in Fridley,Anoka County,Minnesota. Recital No.2 The City Right-of-Way Improvements are within the City Right-of-Way and future City Right-of-Way Improvements may be located within the City Right-of-Way. Recital No.3. Landowners have requested permission from the City to keep and maintain Landowner Improvements installed prior to their purchase of the property within the City Right-of- Way. Recital No.4. Subject to the terms of this Agreement, the City is willing to allow the Landowner Improvements to remain within the within the City Right-of-Way if the following conditions are met: a.) The Landowners maintain the Landowner Improvements at their sole expense; b.) The Landowners agree that the Landowner Improvements in the City Right-of-Way may be removed by the City if necessary to permit the City to gain access to the City Right-of-Way or City Right-of-Way Improvements and for the purposes of inspecting, -2- 52 repairing, maintaining, or replacing the City Right-of-Way Improvements or installing future City Right-of-Way Improvements; and • c.) The Landowners agree to seek prior written approval from the City for any future alteration or modification of the Landowner Improvements in the City Right-of-Way. NOW, THEREFORE, THE CITY OF FRIDLEY AND THE UNDERSIGNED LANDOWNERS, FOR THEMSELVES, AND THEIR SUCCESSORS, HEIRS AND ASSIGNS DO HEREBY AGREE: ARTICLE 3 AGREEMENTS 3.1 Existence And Maintenance Of Landowner Improvements. Under the terms and conditions stated herein, the Landowners, at their own cost, are hereby authorized by the City to maintain the Landowner Improvements within the City Right-of-Way. The existing Landowner Improvements are only permitted at the location specified in Exhibit A. The Landowners shall not place any other structures, irrigation systems, buildings, fences, landscaping, trees or shrubs within the City Right-of-Way, except for the Landowner Improvements. The Landowners, at their own expense, shall maintain and repair the Landowner Improvements. 3.2 City Not Responsible For Landowner Improvements. Nothing contained herein shall be deemed an assumption by the City of any responsibility for construction, maintenance, replacement or repair of the Landowner Improvements. 3.3 Continuing Right To City Right-of-Way. Nothing contained herein shall be deemed a waiver or abandonment or transfer of the right, title and interest that the City holds to the City Right- of-Way. 3.4 Subordinate Position Of Landowner Improvements. The Landowner Improvements are subordinate to the rights of the City in the City Right-of-Way and in the City Right-of-Way Improvements. 3.5 Risk Of Loss. The Landowners understand and agree that the Landowner Improvements within the City Right-of-Way may be adversely affected by use of the City Right-of- Way and City Right-of-Way Improvements, including but not limited to destruction or removal. The parties agree that the City is not responsible for such events; the City shall have no liability to the Landowners for such events. The Landowners assume the risk keeping the Landowner Improvements in the City Right-of-Way area. 3.6 City Authority to Remove Landowner Improvements. The City is responsible for the repair and maintenance of the City Right-of-Way Improvements in the City Right-of-Way. The City may require the Landowners to remove the Landowner Improvements in the City Right-of-Way in the event and in order for the City to gain access to the City Right-of-Way -3- 53 Improvements for the purposes of inspecting, repairing, maintaining, or replacing, the City Improvements or adding future City Right-of-Way Improvements or if, in the City Public Works Director's or City Public Works Director's designee's sole discretion the Landowner Improvements are in a state of disrepair such that their removal is necessary due to safety concerns. If the Landowners do not perform such tasks, the City may perform such tasks and in such case the Landowners shall reimburse the City for the City's costs and expenses. Prior to commencing such tasks, the City shall send Formal Notice to the Landowners and allow the Landowners twenty (20) days from the date of the Formal Notice to perform the tasks. If the Landowners have not completed the work within the twenty(20)days, then the City may proceed to perform the tasks. Once the City's costs and expenses have been determined by the City,the City shall send an invoice for such costs and expenses to the Landowners. The Landowners must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged to the City by third parties such as contractors as well as the costs for City personnel that may have performed the work.—Bills not paid shall incur the standard penalty and interest established by the City for utility billings within the City. Any City restoration of the Subject Lot and appurtenances shall be limited to the restoration required for completion of the City's work in the City Right-of-Way 3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating to a twenty (20) day Formal Notice to the Landowners to perform its obligations under Sections 3.6, the City shall not be required to give such Formal Notice if the City's Public Works Director or the Public Works Director's designee determines that an emergency exists. In such instance, the City, without giving Formal Notice to the Landowners may perform the work and in such case the Landowners shall reimburse the City for the costs and expenses relating to the work. Once the City's costs and expenses have been determined by the City, the City shall send an invoice for such costs and expenses to the Landowners. The Landowners must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not limited to, costs charged to the City by third parties such as contractors as well as the costs for City personnel that may have performed the work. Bills not paid shall incur the standard penalty and interest established by the City for utility bills within the City. Any City restoration of the Subject Lot and appurtenances shall be limited to the restoration required for completion of the City's work in the City Right-of-Way 3.9 Modifications To Landowner Improvements. If in the future the Landowners desire to alter or modify the Landowner Improvements, Landowners must submit such alteration or modification plans to the City for its review and approval. Landowner may not alter or modify the Landowner Improvements without first obtaining the written approval of the City's Public Works Director or the Public Works Director's designee. 3.10 Remedies. If the Landowners fail to perform their obligations under this Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of the following non- exclusive remedies: -4- 54 a.) The City may specifically enforce this Agreement. b.) If the Landowners fail to make payments under Section 3.6, 3.7 or 3.8, then the City may certify to Anoka County the amounts due as payable with the real estate taxes for the Subject Lot in the next calendar year; such certifications may be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications for unpaid utility bills. The Landowners waive any and all procedural and substantive objections to the imposition of such usual and customary charges on the Subject Lot. Further, as an alternate means of collection, if the written billing is not paid by the Landowners, the City, without notice and without hearing, may specially assess the Subject Lot for the costs and expenses incurred by the City. The Landowners hereby waive any and all procedural and substantive objections to special assessments for the costs including, but not limited to, notice and hearing requirements and any claims that the charges or special assessments exceed the benefit to the Subject Lot. The Landowners waive any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The Landowners acknowledge that the benefit from the performance of tasks by the City equals or exceeds the amount of the charges and assessments for the costs that are being imposed hereunder upon the Subject Lot. No remedy herein conferred upon or reserved to the City shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 3.11 Indemnification. The Landowners shall indemnify, defend and hold the City, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the City incurs or suffers,which arise out of,result from or relate to any of the following: a.) The Landowner Improvements; b.) Existence and maintenance of the Landowners Improvements; c.) Failure by the Landowners to observe or perform any covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement; and d.) Use of the City Right-of-Way for Landowner Improvements. 3.12 City Duties. Nothing contained in this Agreement shall be considered an affirmative ative duty upon the City to perform the Landowners' obligations contained in Article 3 if the Landowners do not perform such obligations. -5- 55 3.13 No Third Party Recourse. Third parties shall have no recourse against the City under this Agreement. 3.14 Recording. Upon execution by the parties, City shall record this Agreement with the Anoka County Recorder and Landowners shall bear the cost of recording fees associated with this Agreement. 3.15 Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable Agreement shall run with the Subject Lot and shall be binding upon the heirs, successors, administrators and assigns of the parties. 3.16 Amendment And Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the covenants contained in this Agreement and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 3.17 Governing Law. This Agreement shall be governed by and construed in accord with the laws of the State of Minnesota. 3.18 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. 3.19 Headings. The subject headings of the sections in this Agreement are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. IN WITNESS WHEREOF, the parties have executed this Agreement the year and day first set forth above. CITY OF FR DLEY LANDOWNERS By: Scott Lund, Mayor Alexander N. Smith Walter Wysopal,City Manager Sierra J. Smith -6- 56 STATE OF MINNESOTA ) )ss: COUNTY OF ANOKA ) On this day of , 2017, before me a Notary Public within and for said County,personally appeared Scott Lund and Walter Wysopal to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Fridley, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) On this _ day of , 2017, before me a Notary Public within and for said County, personally appeared Alexander N. Smith and Sierra J. Smith, husband and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Notary Public A}i I R RECORDING,PLEASE THIS INSTRUMENT DRAFTED BY: RETURN THIS INSTRUMENT TO: Darcy M.Erickson Darcy M.Erickson LeVander,Gillen&Miller,P.A. LeVander,Gillen&Miller,P.A. 633 South Concord Street,Suite 400 633 South Concord Street,Suite 400 South St.Paul,MN 55075 South St.Paul,MN 55075 (651)451-1831 (651)451-1831 -7- 57 EXHIBIT A PROPERTY PHOTOS DEPICTING LANDOWNER IMPROVEMENTS 5906 Benjamin Street NE ? . . :wy� : - SPEEO :1.':11.::th*7:-1-i'l *47:74!{'_ : " . ' "- � �:Tl..., �Y. .Y - F . ._•°'-! f M✓ `'i 'il': *R" )* a es+ -- tallilk --®1 :e" f �S X4.Aar"% .�- ," _, Air .,'•,-.,;-,;_ '- mow, Property along Gardenia Avenue W , ,STOP tr„ji .t •q '.......-'--:`,.,-",,,,'--'7,'7,-- R a .( _ J Property along Benjamin Street -8- 58 sir AGENDA ITEM Fridley �m<! COUNCIL MEETING OF SEPTEMBER 11, 2017 CLAIMS CLAIMS 177925 - 178075 59 E 0 00 8 W ^ CO CONN CO CO 8 M M n n O O LrOi O vOi N Lail 0 .O.L cc e-1 C m O g g Ln Y1 pp pppp pp o Q 4-1 N CO ao V1 N n V •Q N LO N 00 O N N O in M 8 m CO m g N HI el Z 0 ;- „ O1 N N �O COCO ti e-1 i tD LD 0 \ O o to -a a 1 0 C n .. •. To 3 al ►- o cc C Ca a. ==W y Q Z 2 {1J pua e O 0 J - 0i of 0�{ k W E W 02 IL N o a w 0 W oc 4.+ C 6 Z 0 2 J LL m _E E ,z° c 8 • Q 0 • 1 CD_ > en W l� 2 p K F I ) a z m a � S � � o a m i f a L•' OBJ m W C O O • '� 0 000 O C « Q Z' N O _ 2 o coO O y • 'O Z p 00 n n _ an m Z t :7 c Q C M C § C T' N V 13 O C Q Til ` N C. in 7 • 0 m § c ~ F t�D N u o E E 101 0 ° u N IQ y� C ."� ... u > .Or S .. \ °p', O. 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N N W CO O O o N N to N N N N N N N Coll 0) 01 01 Z n N N .-t t~n t~o N n 1.4 Q .~-1 ro c .-1 0 0 0 0 0 0 0 0 0 0 00 0 0 V 0 0 0 0 0 Q tc O t0 t0 tc tc to tc t0 tc tc t0 lD o 0 0. * 011-00/ 10. 14T .010 '0 tD to to $ t$ N .1 N E o w T.,- c o; 7 d 8 m N E .1 O .2N V N 01 7/� / �.r CITY COUNCIL MEETING OF Fridley SEPTEMBER 11, 2017 LICENSE LIST Temporary On-Sale Intoxicating Totino Grace High School Public Safety Director Liquor— 1350 Gardena Ave NE City Clerk Oktoberfest, 10/07/17 Outdoors on Football Field Annual Fundraiser 11/18/17 Indoors in the gym and commons 78 AGENDA ITEM cyfy of CITY COUNCIL MEETING OF Fridley SEPTEMBER 11, 2017 Date: August 29,2017 To: Walter T. Wysopal,City Manager From: Scott Hickok,Community Development Director Julie Jones,Planning Manager Stacy Stromberg,Planner Subject: Continued Public Hearing to Consider Revocation of SP#93-10 for Outdoor Storage at 505 Fairmont Street,Mobile Maintenance Introduction Good news! Mr. Witzel and his Mobile Maintenance Property are in compliance and the revocation of the outdoor storage Special Use Permit has been re-evaluated.At this time staff will recommend that SP#93-10 not be revoked,due to corrective measures that have been made to this property since the earlier portion of the public hearing. Background You will recall,at the August 14 City Council meeting,Council voted to continue a public hearing to consider revocation of a special use permit from 1993.The permit,granted to Mobile Maintenance for 505 Fairmont Street,allows outside storage in a fenced-in area in the north end of the lot,abutting single- family homes. Since the owner had not brought the vehicle parking areas and the vehicle parking into compliance with City Code, staff had recommended revocation. Staff has been trying to bring compliance to the site since 2009. The property owner had been given an extension to August 14 by staff,following a meeting with the property owner in June,to install curbing on the west end for vehicle parking,but did not meet that deadline.The City Council continued the public hearing until September 11,2017 as the property owner said he had the contractors scheduled. Steve Witzel,the owner, indicated that he was unaware that his larger trucks needing to be moved until two weeks before the hearing.However, staff notes from a June 28 meeting with the owner indicate that parking of all the vehicles on site was discussed at that time. Staff visited the site on August 28 to review the progress.The curbing on the west end of 505 Fairmont Street was complete. Landscaping of the 5' setback area had not occurred.There were nine Mobile Maintenance trucks parked on the site and two parked on the street.This is far more vehicles than the site has room to contain.At the August 14 hearing,the owner argued that the large trucks parked in the southeast corner of the site are not a vision safety problem.No one pointed out that the trucks are too large to fit in this location without encroaching into the public right of way and pose a danger to seeing 79 pedestrians or bicyclist coming down the sidewalk through the intersection.This is why the owner was informed by staff previously that the large trucks needed to be moved to the west end of the site.The owner indicated at the time that those trucks were moving to his other location. Staff contacted the owner August 29,2017,and he indicated that he is still in the process of moving large trucks off site and determining how many vans can be parked against the new west curb at an angle.Part of the difficulty is leaving access for the garbage truck to service their dumpster inside the outside storage area fence.He anticipated installing sod on both the 505 and 513 Fairmont Street lots in.a few days. On Friday September 8, 2017, staff inspected the properties at 505 and 513 Fairmont Street. Sod had arrived to be installed behind the newly installed curb, in its proper location 5'from the westernmost property line. Sod would be completely installed according to Mr. Witzel by 5:00 PM Friday(that same day). The box-type service vans that remained parked south of the corner building would be removed by 5:00 PM Friday as well.They both had mechanical issues and would be leaving the site not to return to those stalls. Recommendation Staff recommends that the City Council hold the public hearing,reconsider revocation of special use permit SP#93-10 and allow the owner to continue with that special use permit for outdoor storage,provided that compliance with all City Code and SUP requirements continue to be met at 505 and 513 Fairmont Street. A resolution is attached should the City Council decided instead to take revocation action. 80 RESOLUTION NO. -2017 A RESOLUTION REVOKING SPECIAL USE PERMIT#93-10 FOR MOBILE MAINTENANCE,INC. TO HAVE EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT IN AN C-1 ZONING DISTRICT, GENERALLY LOCATED AT 505 FAIRMONT ST NE,FRIDLEY WHEREAS, Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety,morals, and general welfare; and WHEREAS,on July 19, 1993,the City of Fridley issued special use permit SP#93-10 for exterior storage and materials at 505 Fairmont Street, legally described as Lots 9 and 10,Block I, Riverview Heights, subject to six stipulations; and WHEREAS, from August 2010 to present, City staff sent several letters and has met with the property owner, attempting to gain compliance with the code requirement of parking business vehicles on the business' property and installing curbing five feet back from the west property line as code and the stipulations of SP#93-10 requires; and WHEREAS, City Zoning Code Section 205.05.5.H requires the City Council to revoke a special use permit, following a public hearing,when there is failure to comply with any and all conditions and stipulations of the issued permit; NOW, THEREFORE BE IT RESOLVED,that based on current conditions,the City Council of the City of Fridley hereby revokes the special use permit SP#93-10 for exterior storage of materials and equipment at Mobile Maintenance,Inc. at 505 Fairmont St NE. BE IT FURTHER RESOLVED, that the owner of 505 Fairmont Street will have until December 15, 2017 to remove the contents within and outside and fencing for existing outside storage area at 505 Fairmont Street. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,2017. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk 81 . ,it AGENDA ITEM City °' CITY COUNCIL MEETING OF Fridley SEPTEMBER 11, 2017 Date: August 30,2017 , To: Walter T. Wysopal, City Manag I From: Scott Hickok,Community Development Director Julie Jones,Planning Manager Stacy Stromberg,Planner Subject: Continued o tmued Public Hearing to Consider Revocation of SP#16-04 for Automotive Parking in an R-1 Zoning District at 513 Fairmont Street,Mobile Maintenance Background In June of 2016,the owner of Mobile Maintenance, located at the corner of East River Road and Fairmont Street,obtained a special use permit to expand his business parking onto a residentially-zoned parcel he owns west of his business. He was given a deadline of September 30,2016 to install pavement and curb and gutter. The owner did not meet that deadline for the stipulations of the permit,and the City staff negotiated an extension to May 15,2017 to complete the improvements. With the improvements and stipulations still not begun a full year following issuance of the permit, staff met with the property owner this past June. Steve Witzel,the property owner, indicated that he had decided not to expand his business parking lot onto the adjoining residential lot.He had, instead, purchased a different business site outside of Fridley,was moving his larger trucks to the other site,and was going to instead comply with the stipulations of a 1993 SUP for outside storage on the property and bring the business lot into compliance with parking setbacks, installing curbing and landscaping on the west side. Staff explained to Mr. Witzel at that time that there would need to be a public hearing to declare the 2016 SUP for expanding business parking onto a residentially-zoned lot null and void as he did not meet the stipulations due to a business plan change. Staff warned Mr.Witzel that the 1993 SUP was contingent on him meeting the 5' parking setback on the property's west side and moving his larger trucks to his business location in a different city.This matter was advertised to be heard at a public hearing on August 14,2017. Since Mr. Witzel did not have the curbing installation initiated by the date of the August 14 hearing,the City Council continued the hearing to September 11,2017. Recommendation Staff recommends that the City Council hold the public hearing for special use permit SP#16-04 started on August 14,2017 and adopt the attached resolution revoking the permit.This revocation needs to occur and be filed at the County to clear the record that the property owner has decided to take a different approach to solve his truck parking needs and is no longer intending to use the residential lot for parking purposes. 82 RESOLUTION NO. -2017 A RESOLUTION REVOKING SPECIAL USE PERMIT#16-04 FOR MOBILE MAINTENANCE, INC. TO EXPAND AUTOMOBILE PARKING IN AN R-1 ZONING DISTRICT, GENERALLY LOCATED AT 513 FAIRMONT ST NE,FRIDLEY WHEREAS,Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create zoning ordinances that regulate the use of land in order to protect the public's health, safety, morals, and general welfare; and WHEREAS,on June 13, 2016,the City of Fridley issued special use permit SP#16-04 for expanding commercial automobile parking in an R-1 Zoning District at 513 Fairmont Street, legally described as Lots 9 and 10, Block I, Riverview Heights, subject to six stipulations that were required to be met by September 30, 2016; and WHEREAS,to date, the owner of Mobile Maintenance has not completed the improvements as stipulated due to a change in business plans and has indicated that he no longer plans to expand his business' parking lot as allowed in SP#16-04; and WHEREAS,City Zoning Code Section 205.05.5.H requires the City Council to revoke a special use permit, following a public hearing, when there is failure to comply with any and all conditions and stipulations of the issued permit; WHEREAS,on August 14, 2017 the City Council of the City of Fridley held a public hearing regarding SP#16-04, and continued such hearing until September 11, 2017 to be assured that the business owner had completed alternative parking solutions; NOW,THEREFORE BE IT RESOLVED,that based upon a change in business plans,the City Council of the City of Fridley hereby revokes the special use permit SP #16-04 for expansion of automobile parking at Mobile Maintenance, Inc. at 513 Fairmont St NE. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,2017. Scott J. Lund,Mayor ATTEST: Debra A. Skogen, City Clerk 83 AGENDA ITEM City OfCITY COUNCIL MEETING OF Fridley SEPTEMBER 11, 2017 DATE: September 8,2017 TO: Walter T. Wysopal,City Manage FROM: Scott Hickok,Community Development Director Julie Jones,Planning Manager Stacy Stromberg,Planner SUBJECT: Public Hearing for a Modification to Code Section 205.30.10,Telecommunications Introduction hi 1996,the Federal Government enacted the federal telecommunications act was enacted.The act set boundaries for what cities could and could not do in terms of regulating telecommunications across the country. The City of Fridley reacted by creating a very comprehensive telecommunications overlay ordinance whereby we followed the federal requirements while selecting where the towers would be permitted to be placed and by what standard.The 1997 Fridley overlay has for the most part stood the test of time.There have been inquiries about whether under certain conditions a 150'tall tower might be permitted,rather than a maximum 125'height tower. Staff has analyzed this question and provided a recommendation of approval to be considered in certain cases. Background Code Section 205.30.10,Tower Height states that the tower height shall be measured from the average adjoining grade to the highest point of construction of any tower or wireless telecommunications facility. Towers are exempt from height restrictions of the districts where located.Towers shall be permitted to a height of 125'. The next Code section following 205.10 requires stealth design,so that the tower to the extent it can,will blend with the surrounding elements. hi Fridley there are enormous above ground power structures,Railroad signal structures and other elements, some of which exceed the height of 125,many 180'or higher.In keeping with the stealth requirements,which exist in the Code.By allowing an additional height in areas where other taller structures exist,the stealth intent can be met if a tower is no greater than 250'away from the taller structure.Also,by doing this greater co-location can occur and many carriers can be on one tower as opposed to having the need for another tower elsewhere. In reviewing tower height limits in other communities, it is clear cities vary across the board with what they allow. Several cities do allow towers of 150'or more under specific circumstances.Under strict circumstances Fridley staff concurs with a limit of 150' 84 Planning Commission Recommendation The Planning Commission Reviewed this item at their August 16,2017 regular meeting. After brief discussion the Commission unanimously recommended approval of the ordinance amendment as proposed. No comments from the public were received regarding this item. A public hearing notice was published in the Sun Focus Paper on August 4th and August 18th,2017. Recommendation Staff recommends to hold a public hearing and to take comment. 85 ORDINANCE NO. AN ORDINANCE TO AMEND THE FRIDLEY CITY CODE CHAPTER 205.30 0- 5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT,TO ALLOW A TELCOOMMINCATIONS TOWER TO A 150 FOOT HEIGHT PROVIDED CONDITIONS CAN BE MET TO BLEND INTO THE SURROUNDING ENVIRONMENT. The Fridley City Council hereby finds after review, examination and recommendation of staff that Chapter 205.30 related to be hereby amended and ordains as follows: Chapter 205.30.11 is hereby amended as follows: 205.30.11. TOWER HEIGHT Tower height shall be measured from the average adjoining grade to the highest point of construction of any tower or wireless telecommunications facilities. Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred twenty-five (125) feet. An additional 25' of tower height shall be permitted for a total height of one hundred fifty (150) feet, If all of the following criteria can be met: A. The tower exists within a lineal dimension of two hundred fifty (250) feet of any one of the following structures that exceed the height of one hundred and fifty feet. These structures include: buildings, power lines, and train/rail yard fixtures such as light fixtures. B. Tower can meet or exceed any local, State, of Federal regulations relative to tower fall distance. C. All permits required to replace or expand an existing tower be reviewed and approved by the City prior to alteration. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 20. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk Public Hearing: September 11, 2017 First Reading: Second Reading: Publication: 86 111111/ AGENDA ITEM 1 MAW 'FV,Hey COUNCIL MEETING OF Fridley SEPTEMBER 11 , 2017 DATE: September 6, 2017 TO: Wally Wysopal, City Manage FROM: Shelly Peterson, Finance Director Paul Bolin, Assistant Director of HRA RE: Consider HRA Tax Levy for Taxes Payable in 2018 Since 1996, the HRA has utilized a tax levy to help support its housing rehabilitation programs. The levy is equal to .0185% of the taxable market value of all real estate and personal property. The tax levy will allow the Authority to collect approximately $477,023 based on a city-wide estimated market value of$2,416,338,500. In terms of the impact on taxpayers, the levy would cost approximately $34.41 per year for a home valued at $186,000 and $185.00 per year for a commercial property valued at $1,000,000. The revenues raised by the levy are directed towards ongoing and future redevelopment priorities. The Housing and Redevelopment Authority approved the levy at their September 7, 2017 meeting. State Statutes also require the consent of the City Council, prior to the tax levy becoming effective. As a final note, the HRA tax levy must be certified to Anoka County by September 15, 2017. Recommendation Staff recommends that the City Council consent to the attached resolution approved by the Housing and Redevelopment Authority. 87 RESOLUTION NO. 2017- A RESOLUTION CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY,MINNESOTA ADOPTING A 2017 TAX LEVY COLLECTIBLE IN 2018. BE IT RESOLVED by the City Council (the "Council) of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota(the "Authority") at its regular meeting on September 7, 2017, adopted the attached HRA Resolution No. 2017—08: A Resolution Adopting A 2017 Tax Levy Collectible in 2018. 1.02. The Council must consent to any Authority levy prior to its becoming effective as required by Minnesota Statutes Section 469.033. Section 2. Consent. 2.01. The Council hereby consents to the HRA Resolution and to the final levy of$477,023 to be levied in 2017 for collection in the year 2018 as described therein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY OF SEPTEMBER,2017. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK 88 Attachment HRA RESOLUTION NO.2017-08 RESOLUTION ADOPTING A 2017 TAX LEVY COLLECTIBLE IN 2018 BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and Redevelopment Authority in and for the City of Fridley,Minnesota(the "Authority"),as follows: Section I. Recitals. 1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on all taxable property within its area of operation, which is the City of Fridley, Minnesota (the "City"). The amount of the levy shall not exceed 0.0185 percent of estimated market value. 1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of Minnesota Statutes Sections 469.001 to 469.047(the"General Levy"). Section 2. Findings. 2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the Authority to adopt the General Levy to provide funds necessary to accomplish the goals of the Authority. Section 3. Adoption of General Levy. 3.01. The following sums of money are hereby levied for the current year, collectible in 2018, upon the taxable property of the City for the purposes of the General Levy described in Section 1.02 above: Total General Levy: .0185%of the Estimated Market Value Amount: $477,023 Section 4. Report to City and Filing of Levies. 4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy of this Resolution to the City Council for its consent to the General Levy. 89 HRA Resolution No. 2017- 08 Page 2 4.02. After the City Council has consented by resolution to the General Levy, the Executive Director of the Authority is hereby instructed to transmit a certified copy of this Resolution to the County Auditor of Anoka County,Minnesota. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY,MINNESOTA,THIS 7TH DAY OF SEPTEMBER, 2017. fia? PATRICIA E. GABEL- AIRPERSON A 1"1',ST: WALTER T. WYSOPAL-EXECUTIVE DIRECTOR 90 AGENDA ITEM CITY COUNCIL MEETING OF Fridley SEPTEMBER 11 , 2017 To: Wally Wysopal, City Manager From: Shelly Peterson, Finance Director Date: September 7, 2017 Re: Resolution approving the 2018-2022 Capital Investment Program Background The Capital Investment Program (CIP) is the City's plan to maintain facilities and equipment for the citizens and businesses of Fridley within the constraints of limited resources. Similar to the annual operating budget, the Capital Investment Program is a policy document. While it details capital expenditures in the City over the next five years, changes in the City's priorities and available resources require that the plan be reevaluated annually. The goal of creating a separate CIP document is to focus on capital projects over both the upcoming year and the foreseeable future. Capital projects often require planning well into the future to assure financing and implementation procedures are in alignment. This document assists with that planning and the development of the annual operating budget. Council and staff have reviewed the draft CIP at the conference meeting held on July 10th Final adjustments have been made and were discussed again with Council at the August 28th conference meeting. The recommended CIP includes funding priorities and planning principles that help guide the planning process. Priority rankings include projects that: (1) contribute to the public health and welfare, (2) maintain an existing system or make it more efficient, and (3) expand public services. Planning principles include: supporting the City's long-term strategic goals, updating the Capital Investment Program annually to reflect changing capital needs, and being consistent with the annual operating budget such that future operating costs will be projected and included in operating budget forecasts. The staff and Council have a made a concerted effort over the last several years to dedicate a significant portion of Local Government Aid (LGA) to capital projects. This was a conscious decision to reduce General Fund dependence on state-aid by shifting this funding to capital project type funds which are for one-time purchases. Due to levy restrictions, in 2016 we started to shift LGA back to the General Fund to provide funding for basic operations. LGA is anticipated to increase by $160,000 in 2018 and that increase has been allocated to the General Fund (approximately 60%) as part of the effort to balance that operating budget. 91 The 2018-2022 CIPi ncludes268 000 in equipment$ quipment deferrals in Police, Fire and Public Works. In addition, all of the capital funds are anticipated to use reserves to fund 2018 projects. The most significant is the Civic Campus project, which in 2018 is anticipated to use the remaining proceeds from the 2017 CIP bonds along with $300,000 in reserves from the Building Fund. The remaining capital improvement funds (Equipment, IT, Parks and Street funds) are anticipated to use a combined $470,000 in reserves. Nearly half of this amount is within the Street Improvement Fund which is anticipated to use $217,000 in reserves. Staff continues to research alternative reliable funding sources for capital projects for 2018 and beyond. The 2018-2022 CIP also includes the projects and equipment necessary to support our utility infrastructure. The Water, Sewer and Storm Water funds require user fees to support operations, capital and debt payments. Work is being finalized on a water and sewer rate study which will be presented to Council at the September 25th conference meeting. If consumption and expenditure assumptions hold, the goal of the study will be to stabilize water and sewer utility rates for the next 10 years. Preliminary figures indicate that once initial realignments are made to customer classes and consumption tiers are modified, future rates should increase by an inflation rate of about 3% each year for the next several years. The approval of the Capital Investment Program is an important step in the budget and planning process. The capital items noted in the 2018. columns will be included in the 2018 annual budget under each projects respective fund for Council's review at the November budget work session and ultimate approval in December. Recommendation Staff recommends Council approve the resolution adopting the 2018-2022 Capital Investment Program. 92 RESOLUTION NO. 2017- A RESOLUTION ADOPTING THE 2018-2022 CAPITAL INVESTMENT PROGRAM WHEREAS, the preliminary 2018-2022 Capital Investment Program was presented to the City Council for its consideration on July 10, 2017 and then again on August 28, 2017; and WHEREAS, as a result of that review, it was concluded that the preliminary Capital Investments Program provides for an effective and orderly allocation of resources for the community's needs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the 2018-2022 Capital Investments Program as presented and discussed by the City Council on July 10, 2017 and then again on August 28, 2017,and as amended is hereby adopted. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY OF SEPTEMBER,2017. SCOTT J. LUND-MAYOR ATTEST: • DEBRA A. SKOGEN - CITY CLERK 93 Table Capital Investment Program 2018-2022 EXPENDITURES BY PROGRAM CATEGORY&METHOD OF FINANCING 2017 2018 2019 2020 2021 2022 TOTAL Percent Expenditures Program Category Major Equipment $ 705,800 $ 534,600 $ 1,267,000 $ 1,342,000 $ 402,000 $ 455,000 $ 4,706,400 6.7% Technology Improvements 274,200 317,000 309,000 316,000 331,000 291,000 1,838,200 2.6% Municipal Buildings 29,880,000 22,000,000 60,000 - - 40,000 51,980,000 73.5% Parks Improvements 722,000 629,000 244,000 287,000 197,000 197,000 2,276,000 3.2% Street Improvements 1,389,400 1,862,800 1,668,200 1,708,400 2,205,400 1,100,400 9,934,600 14.0% Total Expenditures By Program $ 32,971,400 $ 25,343,401 $ 3,548,202 $ 3,653,403 $ 3,135,404 $ 2,083,405 $70,735,215 100.0% Method of Financing Property Taxes $ 50,000 $ 50,000 $ 75,000 $ 75,000 $ 75,000 $ 75,000 $ 450,000 0.6% Local Government Aid 568,300 568,300 568,300 568,300 568,300 568,300 4,509,793 6.1% Municipal State Aid 429,000 947,200 596,000 830,000 490,000 400,000 4,733,046 6.4% Federal Highway Aid 75,000 459,000 - - 360,000 - 971,948 1.3% S.P.R.I.N.G.Foundation 473,000 300,000 - - - - 773,000 1.0% Other Grants&Reimb 25,000 - 825,000 - 750,000 10,000 1,610,000 2.2% User Fees(External&Internal) 40,700 - - - - - 2,539,999 3.4% Park Dedication Fees 75,000 5,000 5,000 5,000 5,000 5,000 106,422 0.1% Special Assessments 560,000 230,000 10,000 680,000 300,000 360,000 2,740,223 3.7% Interest on Investments 224,000 154,000 29,000 49,000 24,000 24,000 562,144 0.8% Auction Proceeds 30,000 30,000 30,000 30,000 30,000 30,000 223,690 0.3% Capital Improvement Plan Bonds 50,003,137 - - - - - 50,003,137 67.6% Equipment Certificates - - 1,514,000 - - - 1,514,000 2.0% Transfers In(Liquor Proceeds) 250,000 250,000 250,000 250,000 250,000 250,000 1,750,000 2.4% Transfers In(Other Funds) 1,250,000 - - - - - 1,457,100 2.0% Total Method of Financing $ 54,053,137 $ 2,993,500 $ 3,902,300 $ 2,487,300 $ 2,852,300 $ 1,722,300 $73,944,502 100.0% Net 21,081,737 (22,349,901) 354,098 (1,166,103) (283,104) (361,105) Expenditures-Enterprise Program Category Storm Drainage Improvements 1,325,000 1,345,000 390,000 525,000 460,000 375,000 4,420,000 34.0% Water System Improvements 1,705,000 1,105,000 350,000 945,000 850,000 940,000 5,895,000 45.3% Sewer System Imp 615,000 265,000 925,000 50,000 665,000 125,000 2,645,000 20.3% Municipal Liquor Stores - 56,000 - - - - 56,000 0.4% Total Expenditures By Program $ 3,645,000 $ 2,771,000 $ 1,665,000 $ 1,520,000 $ 1,975,000 $ 1,440,000 $13,016,000 100.0% Method of Financing-Enterprise Grants 500,000 200,000 - - 700,000 5.4% Utility Improvement Bonds - - - - - - - 0.0% User Fees(External&Internal) 3,145,000 2,571,000 1,665,000 1,520,000 1,975,000 1,440,000 12,316,000 94.6% Total Method of Financing $ 3,645,000 $ 2,771,000 $ 1,665,000 $ 1,520,000 $ 1,975,000 $ 1,440,000 $13,016,000 100.0% i 1 1 • Page 1 94 AGENDA ITEM CITY COUNCIL MEETING OF Bridky SEPTEMBER 11, 2017 TO: Walter Wysopal, City Manage PW17-058 FROM: James Kosluchar, Public Works Director DATE: September 8, 2017 SUBJECT: Resolution to Approve Agreements and Award Oak Glen Creek Pond Expansion Project 17-446 This memorandum covers a series of items that staff is requesting relating to the Oak Glen Creek Pond Expansion Project. The City of Fridley, the Anoka Conservation District, and Coon Creek Watershed District have been working with Treehouse Foods,current owner of properties at 7350 Commerce Lane NE, along with two prior owners of the property to develop a project that 1) provides water quality improvements to reduce phosphorus and suspended solids in stormwater from the Oak Glen Creek subwatershed, and 2) mitigates flooding concentrated on Treehouse Foods property. The project will expand an existing stormwater detention pond, add an Iron- Enhanced Sand Filter in the proposed pond,and provide piping and control structure improvements to alleviate flooding. In late 2016,the City Council approved a Memorandum of Understanding(MOU)between the City of Fridley and Treehouse Foods relating to the project. Project scope and design were developed with Treehouse Foods, in order to provide the most effective results that benefit all parties. This process has been time consuming due to the sale of the property in the midst of project development, and to address the mutual objectives of the property owner,the City of Fridley, and partnering agencies. It is important to note that this project will mitigate one of two primary flood- prone areas in the City of Fridley. The attached resolution including three actions is requested for this project to move forward. The project is to be completed by the end of this year, and therefore approval to enter into agreements and award of the project are requested at one time in order that these interdependent actions are expedited. The first action for approval is a Joint Powers Agreement with the Anoka Conservation District,who have obtained $517,780.00 from the state Clean Water Fund program to assist in funding the project. This JPA identifies roles and responsibilities for the project, and identifies that the City of Fridley will maintain the project for the coming 25 years. The second action for approval is a project agreement with Treehouse Foods,which identifies that Treehouse will donate property and construction easements necessary to complete the project,and that the City will fund the project. In addition, the.City will complete a secondary improvement project to maximize the flood protection benefit of the overall project. The entire work that the City will commit to is within the amount budgeted for this project in 2017. The agreement further 95 acknowledges that Treehouse Foods will not be assessed for the project, and that they are able to utilize the pond for future expansion to undeveloped property. The third action for approval is to award bids received for the initial phase of the project. On Thursday, August 24th at 10:00 am, sealed bids were opened for the Oak Glen Creek Pond • Expansion Project 17-446. Five responsive bids were received. The low responsive bid was received from Peterson Companies of Chisago City, MN in the amount of $733,831.50. This is under the final engineer's construction estimate for the project of $929,540.00. The bids received were very competitive,and will deliver the project with the requisite quality specified in the bid documents,and further will enable the additional flood protection project to be implemented, estimated to cost $140,000.00. Please refer to the attached bid tabulation which summarizes bids received. The City of Fridley has not worked with Peterson Companies, however our partners at the Anoka Conservation District advised that they have completed a similar project with good results, and are able to complete the project on time. Staff recommends the City Council move to approve the attached Resolution Approving Agreements and Awarding Oak Glen Creek Pond Expansion Project 17-446. If the Council approves, staff will move forward and with the City Attorney, prepare final documents for execution. JPK/jpk Attachments • 96 RESOLUTION NO. 2017 - RESOLUTION APPROVING AGREEMENTS AND AWARDING OAK GLEN CREEK POND EXPANSION PROJECT 17-446 WHEREAS, the City of Fridley, along with the Anoka Conservation District(ACD) and Coon Creek Watershed District(CCWD) recognize the need for water quality improvements including removal of phosphorus and suspended solids in the Oak Glen Creek subwatershed; and WHEREAS, these agencies also recognize that there have been historic flooding problems in the Oak Glen Creek subwatershed and that have a direct adverse impact on Treehouse Foods at 7350 Commerce Lane NE, Fridley, MN 55432 (Treehouse); and WHEREAS, these agencies and Treehouse have come together to develop and fund improvements that are intended to 1) provide water quality improvements to reduce phosphorus and suspended solids in stormwater from the Oak Glen Creek subwatershed, and 2) mitigates flooding concentrated on Treehouse Foods property; and WHEREAS, these agencies and Treehouse agree it is in the best interest of the City, Treehouse, and the public to provide for specific stormwater system improvements to reduce the recurrence of flooding and provide water quality benefit; and WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the Anoka Conservation District have obtained $517,780.00 from the state Clean Water Fund program to assist in funding the project, and WHEREAS, the City of Fridley has prepared a Capital Investment Program which includes funding for specific stormwater improvements in the Oak Glen Creek subwatershed, including the Oak Glen Creek Pond Expansion Project 17-446, and WHEREAS, the City of Fridley has completed design documents for the improvements, and has solicited bids for the first phase of the improvements as the Oak Glen Creek Pond Expansion Project 17-446; and WHEREAS, Treehouse owns the real property necessary to construct a portion of the improvements upon; and WHEREAS, a Joint Powers Agreement has been developed with the Anoka Conservation District for the project, outlining roles and responsibilities between the City of Fridley and Anoka Conservation District; and WHEREAS, a Project Agreement has been developed with Treehouse, outlining roles and responsibilities between the City of Fridley and Treehouse Foods; 97 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA: To receive the bids for the Oak Glen Creek Pond Expansion Project 17-446 per the attached bid tabulation, and FURTHERMORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA: Contingent upon the City securing the real property rights and interests necessary and sufficient to construct and maintain the improvements, including but not limited to the expansion of the stormwater pond and construction of an iron-enhanced sand filter, the City Council hereby approves and authorizes the Mayor and City Manager to execute the following documents and agreements as presented subject to further revisions approved by the City Attorney and City Manager: 1. Joint Powers Agreement For The Design, Construction, Operation and Maintenance of a Stormwater Pond Expansion and Iron Enhanced Sand Filter on a Portion Of Lot 3 Block 4 of Commerce Park In the City Of Fridley, MN -Anoka Conservation District Project No. C14-2296, City Of Fridley Project No. 17-446 2. Agreement for the Construction of Specific Stormwater System Improvements in the Oak Glen Creek Subwatershed - City of Fridley Projects 17-446 and 17-516 3. Award the project to Peterson Companies of Chisago City, MN in the amount of$ 733,831.50 and contract with Peterson Companies for the Oak Glen Creek Pond Expansion Project 17-446 in accordance with the project contract documents PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEPTEMBER, 2017. ATTESTED SCOTT J. LUND - MAYOR DEBRA A. SKOGEN - CITY CLERK 98 Page 1 of 1 CITY OF FRIDLE Y OAK GLEN CREEK POND EXPANSION PROJECT NO. 17-446 ENGINEER'S ESTIMATE BID TABULATION LETTING: 8/24/2017 10:00 AM Note: numbers in red are corrected for mathematical errors in bid provided ENGINEER'SPeterson CompaniesPark ConstructionVeitFrattalone CompaniesSunram Construction, Inc. ESTIMATEChisago City, MNMinneapolis, MNMinneapolis, MNCorcoran, MNLittle Canada, MN EST. SEQ.DESCRIPTIONUNITSQTY UNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICEUNIT PRICEEXTENDED PRICE PART 1 - WATER QUALITY POND 1 MOBILIZATION & DEMOBILIZATIONLUMP SUM1$ 40,000.0040,000.00$ 25,000.00$ 25,000.00$ 53,500.00$ 53,500.00$ 15,200.00$ 15,200.00$ 52,460.00$ 52,460.00$ 118,100.50$ 118,100.50$ 2 TRAFFIC CONTROLLUMP SUM1$ 1,500.001,500.00$ 2,000.00$ 2,000.00$ 1,620.00$ 1,620.00$ 995.00$ 995.00$ 818.00$ 818.00$ 3,000.00$ 3,000.00$ 3 CLEAR TREETREE36$ 12,600.00350.00$ 157.00$ 5,652.00$ 202.00$ 7,272.00$ 145.00$ 5,220.00$ 142.00$ 5,112.00$ 120.00$ 4,320.00$ 4 GRUB TREETREE36$ 5,400.00150.00$ 157.00$ 5,652.00$ 50.50$ 1,818.00$ 112.00$ 4,032.00$ 109.00$ 3,924.00$ 80.00$ 2,880.00$ 5 REMOVE SANITARY PIPELIN FT20$ 1,000.0050.00$ 40.00$ 800.00$ 52.30$ 1,046.00$ 93.00$ 1,860.00$ 34.00$ 680.00$ 53.00$ 1,060.00$ 6 REMOVE STORM PIPELIN FT12$ 1,200.00100.00$ 30.00$ 360.00$ 77.30$ 927.60$ 55.00$ 660.00$ 113.00$ 1,356.00$ 265.00$ 3,180.00$ 7 REMOVE OUTLET STRUCTURELUMP SUM1$ 3,000.003,000.00$ 500.00$ 500.00$ 1,650.00$ 1,650.00$ 1,935.00$ 1,935.00$ 1,360.00$ 1,360.00$ 7,875.00$ 7,875.00$ 8 REMOVE FENCELIN FT75$ 3,750.0050.00$ 11.00$ 825.00$ 8.85$ 663.75$ 7.00$ 525.00$ 5.80$ 435.00$ 10.00$ 750.00$ 9 SALVAGE & RESPREAD EXISTING TOPSOILSQ YD9,275$ 18,550.002.00$ 1.42$ 13,170.50$ 0.80$ 7,420.00$ 4.00$ 37,100.00$ 1.95$ 18,086.25$ 3.75$ 34,781.25$ 10 SALVAGE & REINSTALL LIGHT POLE AND BASELUMP SUM1$ 1,000.001,000.00$ 3,000.00$ 3,000.00$ 3,540.00$ 3,540.00$ 1,400.00$ 1,400.00$ 3,820.00$ 3,820.00$ 7,500.00$ 7,500.00$ 11 COMMON EXCAVATION - OFFSITE (EV)CU YD25,265$ 252,650.0010.00$ 11.80$ 298,127.00$ 10.60$ 267,809.00$ 10.00$ 252,650.00$ 11.60$ 293,074.00$ 36.80$ 929,752.00$ 12 MUCK EXCAVATION - OFFSITE (EV)CU YD2,675$ 133,750.0050.00$ 29.50$ 78,912.50$ 36.30$ 97,102.50$ 34.50$ 92,287.50$ 38.50$ 102,987.50$ 48.35$ 129,336.25$ 13 STREET SWEEPER WITH PICKUP BROOMHOUR10$ 1,250.00125.00$ 175.00$ 1,750.00$ 152.00$ 1,520.00$ 170.00$ 1,700.00$ 145.00$ 1,450.00$ 150.00$ 1,500.00$ 14 DEWATERINGLUMP SUM1$ 20,000.0020,000.00$ 10,000.00$ 10,000.00$ 12,800.00$ 12,800.00$ 13,110.00$ 13,110.00$ 16,360.00$ 16,360.00$ 27,500.00$ 27,500.00$ 15 8" DIP SANITARY SEWER W/ LINERLIN FT20$ 3,000.00150.00$ 275.00$ 5,500.00$ 91.20$ 1,824.00$ 125.50$ 2,510.00$ 113.50$ 2,270.00$ 105.00$ 2,100.00$ 16 TEMPORARY SEWER BYPASS PUMPINGLUMP SUM1$ 7,500.007,500.00$ 1,500.00$ 1,500.00$ 2,480.00$ 2,480.00$ 5,206.00$ 5,206.00$ 8,800.00$ 8,800.00$ 1,840.00$ 1,840.00$ 17 CONNECT TO EX SANITARY SEWER PIPEEACH2$ 3,000.001,500.00$ 700.00$ 1,400.00$ 1,050.00$ 2,100.00$ 2,844.00$ 5,688.00$ 680.00$ 1,360.00$ 1,820.00$ 3,640.00$ 18 5" HDPE SDR-11LIN FT20$ 1,500.0075.00$ 40.00$ 800.00$ 30.50$ 610.00$ 25.25$ 505.00$ 51.50$ 1,030.00$ 27.00$ 540.00$ 19 4" PVC DRAINTILELIN FT20$ 500.0025.00$ 10.00$ 200.00$ 23.10$ 462.00$ 15.25$ $ 305.00$ 725.0036.25$ 27.00$ 540.00$ 20 GATE VALVEEACH2$ 1,500.00750.00$ 350.00$ 700.00$ 958.00$ 1,916.00$ 1,230.00$ 2,460.00$ 1,170.00$ 2,340.00$ 1,575.00$ 3,150.00$ 21 6" PVC SLOTTED DRAINTILELIN FT220$ 3,300.0015.00$ 16.00$ 3,520.00$ 21.80$ 4,796.00$ 16.00$ 3,520.00$ 16.70$ 3,674.00$ 20.25$ 4,455.00$ 22 CLEANOUT W/ VENTED CAPEACH6$ 4,500.00750.00$ 210.00$ 1,260.00$ 304.00$ 1,824.00$ 981.00$ 5,886.00$ 324.50$ 1,947.00$ 500.00$ 3,000.00$ 23 10" PVC DRAINTILELIN FT110$ 2,750.0025.00$ 25.00$ 2,750.00$ 31.30$ 3,443.00$ 21.00$ 2,310.00$ 39.25$ 4,317.50$ 41.50$ 4,565.00$ 24 24" RCP STORM SEWER PIPELIN FT16$ 1,600.00100.00$ 70.00$ 1,120.00$ 88.70$ 1,419.20$ 99.50$ 1,592.00$ 55.25$ 884.00$ 95.00$ 1,520.00$ 25 36" RCP STORM SEWER PIPELIN FT280$ 28,000.00100.00$ 79.00$ 22,120.00$ 89.80$ 25,144.00$ 111.25$ 31,150.00$ 86.25$ 24,150.00$ 110.00$ 30,800.00$ 26 60" RCP STORM SEWER PIPELIN FT21$ 8,400.00400.00$ 244.00$ 5,124.00$ 242.00$ 5,082.00$ 254.00$ 5,334.00$ 237.50$ 4,987.50$ 585.00$ 12,285.00$ 27 24" RCP STORM FES W/TGEACH1$ 2,500.002,500.00$ 1,650.00$ 1,650.00$ 1,670.00$ 1,670.00$ 2,470.00$ 2,470.00$ 1,640.00$ 1,640.00$ 2,550.00$ 2,550.00$ 28 36" RCP STORM FES W/TGEACH1$ 4,000.004,000.00$ 2,600.00$ 2,600.00$ 2,720.00$ 2,720.00$ 4,125.00$ 4,125.00$ 2,730.00$ 2,730.00$ 4,075.00$ 4,075.00$ 29 IMPROVED PIPE FOUNDATION - 24" THICKLIN FT75$ 3,750.0050.00$ 25.00$ 1,875.00$ 25.70$ 1,927.50$ 18.50$ 1,387.50$ 45.50$ 3,412.50$ 42.00$ 3,150.00$ 30 RANDOM RIPRAP CLASS IIICU YD22$ 2,750.00125.00$ 112.00$ 2,464.00$ 91.60$ 2,015.20$ 83.75$ 1,842.50$ 113.00$ 2,486.00$ 125.00$ 2,750.00$ 31 CONSTRUCT DRAINAGE STRUCTURE - 5' DIA MHEACH1$ 8,000.008,000.00$ 4,200.00$ 4,200.00$ 5,520.00$ 5,520.00$ 5,300.00$ 5,300.00$ 4,750.00$ 4,750.00$ 11,365.00$ 11,365.00$ 32 CONSTRUCT DRAINAGE STRUCTURE - 6' DIA MH (SHARED UTILITY)EACH1$ 12,000.0012,000.00$ 5,800.00$ 5,800.00$ 8,370.00$ 8,370.00$ 6,900.00$ 6,900.00$ 6,920.00$ 6,920.00$ 13,750.00$ 13,750.00$ 33 CONSTRUCT DRAINAGE STRUCTURE - 8' DIA MHEACH1$ 30,000.0030,000.00$ 10,900.00$ 10,900.00$ 12,300.00$ 12,300.00$ 11,685.00$ 11,685.00$ 12,590.00$ 12,590.00$ 20,200.00$ 20,200.00$ 34 CONSTRUCT DRAINAGE STRUCTURE - 9' DIA MHEACH1$ 40,000.0040,000.00$ 15,500.00$ 15,500.00$ 18,800.00$ 18,800.00$ 21,393.00$ 21,393.00$ 19,570.00$ 19,570.00$ 30,350.00$ 30,350.00$ 35 CONNECT EXISTING STORM PIPE TO STRUCTUREEACH2$ 4,000.002,000.00$ 1,200.00$ 2,400.00$ 1,050.00$ 2,100.00$ 2,767.00$ 5,534.00$ 2,720.00$ 5,440.00$ 5,515.00$ 11,030.00$ 36 FIELD CONSTRUCTION PIPE TO PIPE JOINTEACH2$ 5,000.002,500.00$ 1,500.00$ 3,000.00$ 1,630.00$ 3,260.00$ 1,373.00$ 2,746.00$ 3,400.00$ 6,800.00$ 5,775.00$ 11,550.00$ 37 BITUMINOUS PAVEMENT RESTORATIONSQ YD1,715$ 56,595.0033.00$ 25.85$ 44,332.75$ 27.60$ 47,334.00$ 30.50$ 52,307.50$ 23.00$ 39,445.00$ 37.00$ 63,455.00$ 38 PREMIXED IRON/FINE FILTER AGGREGATECU YD245$ 49,000.00200.00$ 147.00$ 36,015.00$ 190.00$ 46,550.00$ 204.00$ 49,980.00$ 205.50$ 50,347.50$ 205.00$ 50,225.00$ 39COARSE FILTER AGGREGATECU YD245 $ 18,375.0075.00$ 62.00$ 15,190.00$ 62.90$ 15,410.50$ 65.00$ 15,925.00$ 71.25$ 17,456.25$ 74.00$ 18,130.00$ 40 45 MIL SMOOTH EPDM LINERSQ FT7,000$ 24,500.003.50$ 1.30$ 9,100.00$ 2.05$ 14,350.00$ 1.50$ 10,500.00$ 2.00$ 14,000.00$ 4.00$ 28,000.00$ 41 TEMPORARY ROCK CONSTRUCTION ENTRANCEEACH1$ 2,500.002,500.00$ 1,500.00$ 1,500.00$ 1,670.00$ 1,670.00$ 1,910.00$ 1,910.00$ 2,550.00$ 2,550.00$ 1,250.00$ 1,250.00$ 42 SITE RESTORATIONLUMP SUM1$ 3,000.003,000.00$ 2,000.00$ 2,000.00$ 4,860.00$ 4,860.00$ 29,650.00$ 29,650.00$ 3,400.00$ 3,400.00$ 4,400.00$ 4,400.00$ 43 MNDOT SEED MIXTURE 25-131SQ YD6,400$ 6,400.001.00$ 1.50$ 9,600.00$ 0.10$ 640.00$ 0.35$ 2,240.00$ 0.11$ 704.00$ 0.40$ 2,560.00$ 44 EROSION CONTROL BLANKET - CATEGORY 3 STRAW 2S (NO POLY NETTING)SQ YD6,400$ 19,200.003.00$ 1.25$ 8,000.00$ 1.15$ 7,360.00$ 2.00$ 12,800.00$ 1.25$ 8,000.00$ 1.45$ 9,280.00$ 45 SILT FENCE, MACHINE SLICED - MAINTAINEDLIN FT1,450$ 7,250.005.00$ 2.50$ 3,625.00$ 2.00$ 2,900.00$ 2.00$ 2,900.00$ 2.20$ 3,190.00$ 2.20$ 3,190.00$ 46 SEDIMENT CONTROL LOG TYPE STRAW (OR BIOROLL) - MAINTAINEDLIN FT320$ 1,920.006.00$ 3.00$ 960.00$ 3.25$ 1,040.00$ 3.50$ 1,120.00$ 3.50$ 1,120.00$ 2.60$ 832.00$ 47 INLET PROTECTION - MAINTAINEDEACH3$ 1,200.00400.00$ 200.00$ 600.00$ 212.00$ 636.00$ 161.00$ 483.00$ 272.50$ 817.50$ 150.00$ 450.00$ TOTAL PART 1 - WATER QUALITY POND$ 673,054.75863,140.00$ 711,222.25$ $ 738,339.00$ 1,632,512.00765,776.50$ PART 2 - STORM WATER DITCH 48 MOBILIZATION & DEMOBILIZATIONLUMP SUM1$ 2,500.002,500.00$ 2,800.00$ 2,800.00$ 1,010.00$ 1,010.00$ 14,400.00$ 14,400.00$ 8,720.00$ 8,720.00$ 8,000.00$ 8,000.00$ 49 TRAFFIC CONTROLLUMP SUM1$ 1,000.001,000.00$ 1,500.00$ 1,500.00$ 202.00$ 202.00$ 995.00$ 995.00$ 818.00$ 818.00$ 3,000.00$ 3,000.00$ 50 CLEAR TREETREE2$ 700.00350.00$ 157.00$ 314.00$ 202.00$ 404.00$ 275.00$ 550.00$ 272.50$ 545.00$ 120.00$ 240.00$ 51 GRUB TREETREE2$ 300.00150.00$ 157.00$ 314.00$ 50.50$ 101.00$ 275.00$ 550.00$ 272.50$ 545.00$ 80.00$ 160.00$ 52 REMOVE CONCRETE CURB AND GUTTERLIN FT100$ 1,000.0010.00$ 10.00$ 1,000.00$ 10.40$ 1,040.00$ 2.50$ 250.00$ 4.25$ $ 425.00$ 1,100.0011.00$ 53 REMOVE BITUMINOUS PAVEMENTSQ YD100$ 1,500.0015.00$ 9.50$ 950.00$ 8.55$ 855.00$ 3.00$ 300.00$ 4.85$ 485.00$ 4.40$ 440.00$ 54 SAWING BITUMINOUS PAVEMENT (FULL DEPTH)LIN FT50$ 500.0010.00$ 5.00$ 250.00$ 7.70$ 385.00$ 3.00$ 150.00$ 5.80$ 290.00$ 5.00$ 250.00$ 55 SALVAGE & RESPREAD EXISTING TOPSOILSQ YD4,150$ 8,300.002.00$ 1.42$ 5,893.00$ 0.98$ 4,067.00$ 1.00$ 4,150.00$ 1.95$ 8,092.50$ 3.75$ 15,562.50$ 56 COMMON EXCAVATION - OFFSITE (EV)CU YD1,825$ 18,250.0010.00$ 12.35$ 22,538.75$ 12.90$ 23,542.50$ 9.50$ 17,337.50$ 12.70$ 23,177.50$ 36.80$ 67,160.00$ 57 CONCRETE CURB AND GUTTER W/ CURB CUTLIN FT21$ 1,050.0050.00$ 50.00$ 1,050.00$ 65.70$ 1,379.70$ 72.00$ 1,512.00$ 43.00$ 903.00$ 69.00$ 1,449.00$ 58 RANDOM RIPRAP CLASS IIICU YD13$ 1,625.00125.00$ 112.00$ 1,456.00$ 102.00$ 1,326.00$ 83.00$ 1,079.00$ 113.00$ 1,469.00$ 125.00$ 1,625.00$ 59 AGGREGATE BASE CLASS 5, 100% CRUSHEDTON42$ 1,260.0030.00$ 21.75$ 913.50$ 39.30$ 1,650.60$ 15.50$ 651.00$ 61.25$ 2,572.50$ 37.00$ 1,554.00$ 60 BITUMINOUS PAVEMENTTON27$ 4,050.00150.00$ 175.00$ 4,725.00$ 163.00$ 4,401.00$ 178.00$ 4,806.00$ 174.50$ 4,711.50$ 210.00$ 5,670.00$ 61 CONCRETE CURB AND GUTTERLIN FT79$ 2,765.0035.00$ 40.00$ 3,160.00$ 55.60$ 4,392.40$ 61.00$ 4,819.00$ 43.00$ 3,397.00$ 58.00$ 4,582.00$ 62 $ 4,150.001.00$ 1.50$ 6,225.00$ 0.10$ 415.00$ 0.35$ 1,452.50$ 0.11$ 456.50$ 0.40$ 1,660.00$ MNDOT SEED MIXTURE 25-131SQ YD4,150 63 $ 12,450.003.00$ 1.25$ 5,187.50$ 1.15$ 4,772.50$ 2.00$ 8,300.00$ 1.25$ 5,187.50$ 1.45$ 6,017.50$ EROSION CONTROL BLANKET - CATEGORY 3 STRAW 2S (NO POLY NETTING)SQ YD4,150 5,000.005.00 2.50 2,500.00 2.00 2,000.00 2.00 2,000.00 2.20 2,200.00 2.20 2,200.00 64SILT FENCE, MACHINE SLICED - MAINTAINEDLIN FT1,000$$$$$$$$$$$$ TOTAL PART 2 - STORM WATER DITCH$ 66,400.00$ 60,776.75$ 51,943.70$ 63,302.00$ 120,670.0063,995.00$ TOTAL BID AMOUNT$ 929,540.00$ 733,831.50$ 763,165.95$ 801,641.00$ 829,771.50$ 1,753,182.00 JOINT POWERS AGREEMENT FOR THE DESIGN, CONSTRUCTION, OPERATION AND MAINTENANCE OF A STORMWATER POND EXPANSION AND IRON ENHANCED SAND FILTER ON A PORTION OF LOT 3 BLOCK 4 OF COMMERCE PARK IN THE CITY OF FRIDLEY, MN ANOKA CONSERVATION DISTRICT PROJECT NO. C14-2296 CITY OF FRIDLEY PROJECT NO. 17-446 THIS AGREEMENT is made and entered into this day of , 2017 by and between the Anoka Conservation District, a political subdivision of the State of Minnesota, 1318 McKay Drive NE Suite 300 Ham Lake, Minnesota 55304, hereinafter referred to as "ACD", and the City of Fridley, a Minnesota municipal corporation, 6431 University Avenue NE, Fridley, MN 55432, hereinafter referred to as"City, referred to jointly as the "Parties." WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of Oak Glen Creek and the Mississippi River, the adjacent properties, and the community as a whole, to improve water quality in the Mississippi River by reducing Dissolved Phosphorus by 25 lbs/year, Total Phosphorus by 109 lbs/year, Total Suspended Solids by 24.5 tons/year, and peak discharge by 51%for the next 25 years through expansion of a stormwater pond and construction of an iron-enhanced sand filter on private property within a stormwater utility easement(Project); and, WHEREAS, ACD successfully secured $517,780 in Clean Water Funds from the Clean Water Land and Legacy Amendment(Grant)to cover a portion of the direct costs to construct the Project, and will be solely responsible for the administration of, and compliance with,terms of that grant; and, WHEREAS, ACD has entered into a Grant Agreement with the Board of Water and Soil Resources with respect to the$517,780 Clean Water Fund grant, a copy of which is attached hereto as Exhibit A; and, WHEREAS, City agrees to provide funds sufficient to secure rights to the property plus an eligible cash match of at least 28.4% ($147,000)of the Grant from local sources in an amount sufficient to complete the Project; and, WHEREAS, City agrees to secure rights to portions of Lot 3 Block 4 of Commerce Park(Property) either by fee title or easement shown on Exhibit B on which to construct the Project; and, WHEREAS, ACD and City agree that it is of mutual interest to clearly define their short and long-terms administrative,technical and financial roles and responsibilities regarding the design, construction, operation and maintenance of the Project; and WHEREAS, Minn. Stat. §471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. Project Management Responsibilities a) ACD and City agree to work cooperatively to finalize project designs and specifications within funding constraints to become part of this agreement as Exhibit C. b) ACD will serve as lead on Grant Administration (grant compliance, fiscal administration and reporting), Project Development(general coordination, planning, correspondence, communications, and logistics), and assist with media testing and construction monitoring (recorded under the Design/Engineering category). c) City will serve as the lead on Land Acquisition (secure fee title or easement rights to the property), Design Engineering (engage a qualified design engineer to develop a mutually agreeable design, design alternatives and bid packet), secure permits and approvals from 1 100 all regulatory authorities, coordinate construction of the Project on the Property, including but not limited to soliciting bids and hiring a qualified contractor, scheduling construction activities, inspecting and recording construction progress, paying contractor invoices, maintaining complete records of all staff and contractor expenses, verifying Project installation and materials meet design specifications, ensuring critical Project elevations and dimensions are verified during constructions, and providing for a post-construction as-built survey of the Project to ensure the Project was built to specifications. d) City will ensure Contractor complies with Prevailing Wage Laws(Minn. Stat. 177.42-177.44). e) ACD and City agree to provide timely documentation of time, materials and labor expenses to facilitate administration of related grants and funds. f) A strict accounting shall be made of all funds and report of official receipts,work orders and vouchers shall be made upon request by either party. II. Financial Responsibilities a) ACD and City commit funds for the Project as shown in Table 1, and assume responsibility therefor. Table 1. Project Budget PARTY CONTRIBUTION PARTY COMPENSATION ($) ($) ELEMENT CITY1 ACD2 CITY ACD Administration 2500 0 0 2500 Project Development 9000 0 3000 6000 Design/Engineering 50400 0 15000 3000 Land Acquisition & 85100 5177803 0 0 Construction TOTAL 147000 517780 18000 11500 b) City will provide funds sufficient to complete the Project and fulfill grant obligations as well as secure rights to the property on which to construct the Project. c) Project costs in excess of those anticipated (Table 1)shall be the sole responsibility of City. d) City will reimburse ACD for Administration, Project Development, and Design/Engineering costs within 45 days of presentation of an itemized invoice. Reimbursement will not exceed total committed Project funding. e) ACD will reimburse City for, eligible project construction costs within 45 days of presentation of an itemized invoice and ACD verification of application of the invoiced time and materials to the Project. Reimbursement will not exceed total committed Project funding. f) Eligible construction costs are those directly related to construction of the Project. Invoicing should provide sufficient detail to verify cost eligibility. III. Operation & Maintenance Responsibilities a) City is responsible for the on-going physical performance of the Project, and for any repairs, changes or alterations to the same and cost thereof. b) In the event that the Project integrity is compromised, City will immediately notify ACD. c) City agrees, at City's expense and at no cost to ACD, to regularly maintain the integrity and viability of the Project in accordance with the attached Operations and Maintenance Guidelines (Exhibit E). 1 Not less than 2 Clean Water Fund Grant 3 Not to exceed 2 101 d) If City fails to maintain the Project, after two weeks written notice to City from ACD, ACD may complete tasks in the Operations and Maintenance Guidelines and charge City for full reimbursement of the costs. IV. Disposition of Work Products a) All Works and Documents created during this Project shall be made available to ACD and City. b) Pursuant to the provisions of the FY 2017 State of Minnesota Board of Water and Soil Resources Competitive Grants Program Grant Agreement for Project C17-3550 Between the State of Minnesota and ACD, the State of Minnesota owns all rights, title and interest in all of the intellectual property rights, including copyrights, patents,trade secrets, trademarks, and service marks in the Works and Documents created during this project that are paid for with Clean Water Land and Legacy dollars. Works means all inventions, improvements, discoveries, databases, computer programs, reports, notes, studies, photos, negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice by ACD, City or contractors in performance of this Project. Where applicable, Works created in performance of this Agreement shall be considered "works made for hire"as defined in the U.S. Copyright Act and all right, title and interest, including copyright, of the same prepared pursuant to this Agreement is owned by the State. It is further agreed that the State, ACD and City have unlimited rights to use, duplicate and make derivative works of the same, with no obligation for an accounting. c) Work products during this Project must display the Clean Water Land and Legacy Amendment logo when required by the State. d) Upon Verification of Construction Completion, the Project and all related personal property shall be distributed to the City. V. Assurances and Liability a) ACD and the City upon final acceptance of the project design plans and specifications by ACD, will execute a Conservation Practice Assistance Contract, substantially similar in form to the attached Exhibit D and it shall become a part of this Agreement upon execution by both parties. b) City attests that they have secured rights to the Property sufficient to construct and maintain the Project in accordance with this Agreement and that City has the authority to enter into this agreement. c) City will incorporate the Project into its Stormwater Pollution Prevention Plan (SWPPP)to be approved by MN Pollution Control Agency. d) City shall require that all contractors who perform work on the project obtain and maintain the insurance specified in Exhibit F. In addition, contractors who perform work on the project shall provide payment in performance bonds in the full amount of the contract. e) Pursuant to Minn. Stat. §471.59, subd. 1 a(a), as amended, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit"for the purposes of liability; provided, however, that each party expressly declines responsibility for the acts or omissions of the other party. Nothing in this Agreement shall be construed to waive or limit any immunity from, or limitation on, the liability of either party as provided by law. f) City assumes the full and sole responsibility for the operation, maintenance and repair of the Project over the twenty-five (25)year effective life. Should the project fail to fully function due to City's failure to comply with this agreement, City is liable to ACD for the lesser of 0 100/o of the cost to install a project of equivalent water quality benefit elsewhere as determined by the ACD, or 150% of the total amount of financial and technical assistance provided. 3 102 g) ACD may record a Deed Restriction on the property for the life of the project to compel City to fulfill Operations, Maintenance and Repair responsibilities throughout the life of the project. h) City is not liable to ACD for the technical and financial assistance provided for the Project if: i. ACD and the MN Board of Water and Soil Resources determine that the Project's failure was caused by reasons beyond the City's control, or ii. If conservation practices are applied at City's expense that provide equivalent benefit to soil and/or water resources, as determined by ACD. VI. Indemnification Subject to and restricted by the tort liability limits in Minnesota Statutes Chapter 466, as amended, the City and ACD mutually agree to indemnify and hold each other and each other's elected officials, officers and representatives, agents, employees, and contractors harmless from any and all claims, liabilities, losses, costs(including attorney's fees), expenses, or damages whatsoever resulting from the acts or omissions of the respective elected officials, officers, representatives, agents, employees, and contractors relating to activities conducted by either party under this Agreement. VII. Site Access and Signage a) ACD or its agents or contractors may enter onto the Property to complete routine inspections of the Project or bring others to the Property to view the Project. b) City agrees to allow ACD to place and maintain a "Clean Water Land and Legacy Amendment" sign at the Property. VIII. Entire Agreement and Term a) It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been. reduced to writing and duly signed by the parties. b) This agreement includes exhibits A-F by reference,which are incorporated as they become available and are attached. A. Grant Agreement between ACD and State of MN for project number C14-2296 B. Property Location Map C. Project Design D. Conservation Practice Assistance Contract E. Operations and Maintenance Guidelines F. Insurance Requirements c) This agreement shall commence when executed by both parties. d) This agreement will remain in effect for twenty-five(25)years following Verification of Construction Completion. If the Project is not constructed,this agreement will terminate upon expiration of the Grant. e) Any modification or cancellation of this agreement shall be in writing and signed by both parties. IX. Notice For purposes of delivery of any notices herein,the notice shall be effective if delivered to the following addresses: 4 103 City: ACD: City of Fridley Anoka Conservation District 6431 University Avenue NE 1318 McKay Drive NE, Suite#300 Fridley, MN 55432 Ham Lake, MN 55304 CITY OF FRIDLEY, MINNESOTA ANOKA CONSERVATION DISTRICT By: By: Scott Lund Mary Jo Truchon Mayor Chair, Board of Supervisors Dated: Dated: ATTEST: ATTEST: By: By: Wally Wysopal Chris A. Lord City Manager District Manager Dated: Dated: APPROVED AS TO FORM AND EXECUTION: APPROVED AS TO FORM AND EXECUTION: By: By: Darcy Erickson Dan Klint City Attorney Assistant County Attorney 5 104 EXHIBIT A State of Minnesota Board of Water and Soil Resources Competitive Grants Program Grant Agreement FY 2017 105 ikeelnd6yACD NAY 3 0 2014 RECEIVED APR 2&5 2074 atesouram " "" FY 2014 STATE OF MINNESOTA Sd. of Water Sot)Resources BOARD OF WATER and SOIL RESOURCES St. Paul COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT This grant agreement is between the State of Minnesota,acting through its Board of Water and Soil Resources(Board) and Anoka CD,131$McKay Dr NE,Ste 300 Ham Lake Minnesota 55304. Fiscal Agent:Anoka CD 7i: ''CP i:j ;r. he follatvitigGfant Pfogroms Ch1-2295 Oak Glen Creek Stormwater n�404)r ` ,n Sand Filter Retrofit C14-8647 Coon Lake Area Stormwater Retrofits $42,987 C14-1-48:, 6,44101 .-M ," ' ti; !! Total Grant Awarded: $649,357 Recitals 1. The Laws of Minnesota 2013,Chapter 137,Article 2,Section 7,appropriated Clean Water Fund(CWF)funds to the Board for the FY 2014 Competitive Grants Program. The Minnesota Department of Health has transferred funds to the Board for the Well Sealing Grants Program. 3. Minnesota Statutes 1036.101,subd.9(1),and 1036.3369,authorize the Board to award this grant. 4. The Board has adopted the FY 2014 Clean Water Fund Competitive Grants Policy in Board Resolution 13-63 and 13-93 to authorize and implement this Program. 5. The Board has adopted Board Resolutions 14-05 and 14-06 to allocate funds for the FY 2014 Competitive Grants Programs. 6. The Grantee has submitted a BWSR approved work plan for this Program which is incorporated into this agreement by reference. r 7. 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. 8. As a condition of the grant,Grantee agrees to minimize administration costs. Authorized Representative The State's Authorized Representative is David Weirens,Acting Assistant Director,BWSR,520 Lafayette Road North, Saint Paul,MN 55155,651-297-3432,or his successor,and has the responsibility to monitor the Grantee's performance and the authority to accept the services and performance provided under this grant agreement. The Grantee's Authorized Representative is District Manager,Chris Lord 1318 McKay Drive NE,Suite 300 Ham Lake,MN 55304 763-434-3040 the Grantee's Authorized Representative changes at any time during this grant contract,the Grantee must immediately notify the Board. i 106 Grant Agreement 1 Term of Grant Agreement 1.1 Effective date: The date the Board obtains all required signatures under Minn.Stat.§166.98,Subd.5.The Grantee must not begin work under this grant contract until this grant agreement is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: December 31,2016,or until all obligations have been satisfactorily fulfilled,whichever comes first. 1.3 Survival of Terms: The following clauses survive the expiration or cancellation of this Agreement: 7.Liability; 8.State Audits;9.Government Data Practices; 11.Publicity and Endorsement;12.Governing Law,Jurisdiction, and Venue;and 14.Data Disclosure. 2 Grantee's Duties The Grantee is responsible for the specific duties for the Program as follows: 2.1 Implementation: The Grantee will implement the work plan,which Is incorporated into this Agreement by reference,according to the FY 2014 Clean Water Fund Competitive Grants Policy. 2.2 Reporting: All data and information provided in a Grantee's report shall be considered public. 2.2.1 The Grantee will submit an annual progress report to the Board by February lof each year on the status of program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. 2.2.2 The Grantee will display on its website the previous calendar year's detailed information on the expenditure of these State grant funds and measurable outcomes as a result of the expenditure of these State grant funds according to the format specified by the BWSR,by March 15 of each year. 2.2.3 The Grantee will submit a final progress report to the Board by February 1,2017 or within 30 days of completion of the Project,whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3 Match:The Grantee will ensure any local match requirement will be provided as stated in Grantee's approved work plan. 3 Time The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement,time is of the essence. 4 Terms of Payment 4.1 Grant funds will be distributed in.three installments: 1)The first payment of 50%will be distributed after the execution of the Grant Agreement. 2)The second payment of 40%will be distributed after the first payment of 50%has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50%must be signed by the Grantee and approved by BWSR. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3)The third payment of 10%will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10%payment must be requested within 30 days of the expiration date of the grant agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the grantee and approved by BWSR 4.2 All costs must be incurred within the grant period. 4.3 All incurred costs must be paid before the amount of unspent grant funds is determined. Unspent grant funds must be returned within 30 days of the expiration date of the grant agreement. 4.4 The obligation of the State under this Grant Agreement will not exceed the amount stated above. 4.5 This grant includes an advance payment of 50 percent of the grant's total amount. Advance payments allow the grantee to have adequate operating capital for start-up costs,ensure their financial commitment to 2 107 landowners and contractors,and to better schedule work into the future. 5 Conditions of Payment All services provided by the Grantee under this Grant Agreement must be performed to the State's satisfaction,as set forth in this Agreement and in the BWSR approved work plan for this program. Compliance will be determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal,state, and local laws,policies,ordinances,rules,FY 2014 Clean Water Fund Competitive Grants Policy,and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal,State,or local law. The Minnesota Department of Administration's Office of Grants Management Policy On Grant Closeout Evaluation (Policy 08—13)requires the Board to consider a grant applicant's past performance before awarding subsequent grants to them.The Board must consider a grant applicant's performance on prior grants before making a new grant award of over$5,000. The Board may withhold payment on this and grants from other programs if the Grantee is not in compliance with all Board reporting requirements. 6 Assignment,Amendments,and Waiver 6.1 Assignment.The Grantee may neither assign nor transfer any rights or obligations under this grant agreement without the prior consent of the State and a fully executed Assignment Agreement,executed and approved by the same parties who executed and approved this grant agreement,or their successors in office. 6.2 Amendments. Any amendment to this grant agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant agreement, or their successors in office. Amendments must be executed prior to the expiration of the original agreement or any amendments thereto. 6.3 Waiver. If the State fails to enforce any provision of this grant agreement,that failure does not waive the provision or its right to enforce it. 7 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 this Grant Agreement by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant Agreement. 8 State Audits Under Minn.Stat.§16B.98,subd.8,the Grantee's books,records,documents,and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board 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 satisfy all State and program retention requirements,whichever is later. 8.1 The books,records,documents,accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant,may be examined at any time by the Board or Board's designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 8.2 The Grantee or designated local unit of government implementing this Agreement will provide for an audit that meets the standards of the Office of State Auditor.The audit must cover the duration of the Agreement Period and be performed within one year after the end of the Agreement Period or when routinely audited, whichever occurs first. Copies of the audit report must be provided to the Board if requested. Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, 3 108 received,stored, used, maintained,or disseminated by the Grantee under this Grant Agreement.The civil remedies of Minn.Stat.§ 13.08 apply to the release of the data referred 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 notif the State. 10 Workers'Compensation The Grantee certifies that it is in compliance with Minn.Stat.§ 176.181,subd.2,pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered 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. 11 Governing Law,Jurisdiction,and Venue 11.1 Pubtklty. Any publicity regarding the subject matter of this grant contract must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices,informational pamphlets,press releases,research,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. 11.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 12 Governing Law,Jurisdiction,and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Agreement,or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County,Minnesota. 13 Termination 13.1 The State may cancel this Grant Agreement at any time,with or without cause,upon 30 days'written notice to the Grantee. Upon termination,the Grantee will be entitled to payment,determined on a pro rata basis, for services satisfactorily performed. 13.2 In the event of a lawsuit,an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 14 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 result in action requiring the Grantee to file State tax returns and pay delinquent state tax liabilities,if any. 15 Prevailing Wage It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which State prevailing wage laws apply(Minn.Stat. 177.42—177.44).All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality. 16 Constitutional Compliance It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding use of Clean Water Funds to supplement traditional sources of funding. 17 Signage It is the responsibility of the Grantee to comply with requirements for project signage,as provided in,Minnesota 4 109 e ` Laws 2010,chapter 361,article 3,section 5(b)for Clean Water Fund projects. 18 Intellectual Property Rights The State owns all rights,title,and interest in all of the intellectual property rights,including copyrights,patents, trade secrets,trademarks,and service marks in the Works and Documents created and paid for under this grant. Works means all inventions,improvements,discoveries(whether or not patentable),databases,computer programs, reports,notes,studies,photographs,negatives,designs,drawings,specifications,materials,tapes,and disks conceived,reduced to practice,created or originated by the Grantee,its employees,agents,and subcontractors,either individually or jointly with others in the performance of this grant.Works includes "Documents."Documents are the originals of any databases,computer programs,reports,notes,studies, photographs,negatives,designs,drawings,specifications,materials,tapes,disks,or other materials,whether in tangible or electronic forms,prepared by the Grantee,its employees,agents,or subcontractors,in the performance of this grant.The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State's request.To the extent possible,those Works eligible for copyright protection under the United States Copyright Act will be deemed to be"works made for hire."The Grantee assigns all right,title,and interest it may have in the Works and the Documents to the State.The Grantee must,at the request of the State,execute all papers and perform all other acts necessary to transfer or record the State's ownership interest in the Works and Documents. IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Anoka CD Board Of Water and Soil Resources )v40 IAD By : (l9 By : Title: d4ifead61,14,e. Title: Acting Assistant Director Date: l h2, Z"/�/ Date: $124 J jy • S 110 41.• -'7 4 4 _ - &a, - , , .... . . 0 a I .1.7 .7.11...r..t t EXHIBIT B E • t.t.i.. ;rt-.. Property Location Map i iil s ; W ccTsi ' i .....04,.. . ,,„.„,4 , f '-'-' 1 rtri:i. 7 t- .. C.•V ''..,'-; 1 ' 117 4 1; ' isi I t..,..4 W 4. -6-t' t -_-) . t•t. c 44. 1. e U t et COMMERCE LANE I t I r 1 1 1 . Op 4 1 - . 1 i -- 1 I 1 . - 1 I4 I I t , ' D• 0 -t %it r f 6:.110 1 1 ''- rUt • 1 4r, i; 10 4 i ; 41 , . k . . 1 i 0 4 I i I 4 <*f ., ID i .!+ 0 1 r 4 1 u t; It i i t•O V cA., ,..t.v.," Atli, 0.4.14, Q i I 'I 141 1 1 # 1 tt8 ; t1'4, , I" • • s: ..9 i 1 VorN a J I trt_reo:s"te# .) i i i IN - wrs - 44X0.4„. i ,, 1 I • 11'Ni *.' tlimE I .6.4431; 0,4a0I1' . l'"t''1 kr..40, I1 e..F.' 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I D 1 4 — I ig 10 I Q ri 21 ViOPk 1 ;I i i 1 E k I II Ing § 1 I I 1/ ) b . ;i 16 __ 1 N a .1It u S ow lit r 1 1 1 i I 1; k \'",..-dir 11 i ---,LA 111 ill Lii 13 r 1 i k it 101 E Ia4 1 I 1111115 r s i II llg x 1 - Ie 1 g �11r i g N . x i� N I Mill k `_ \ cl bi g t ��' ___iQ 1 Ik 1 111— U IR k i - � d I ii Q 1 N I n .. i tO ,... . .....1:1 0! -.1/4 1 . 11ERI . i Lk Ni 11 I cI I yt7 1N..I•N1Y ••• YM CWe.......S NNMq...0-N11�M 122 EXHIBIT D Conservation Practice Assistance Contract 123 Conservation Practice Assistance Contract GENERAL INFORMATION Conservation District Anoka Contract No. Individual/ Federal or other dmentCanceled 00 Group state Cost-Share? Amen County number 2 C14- I Yes 0 No IE Board Meeting Date(s): Board meeting date(s): 2296 APPLICANT Applicant Address City/State City of Fridley 6431 University Ave NE Fridle MN ZIP Y� 55432 'If a group contract,this must be filed and signed by the group spokesperson as designated in the group agreement. CONSERVATION PRACTICE LOCATION Township Name Township Range Section 114,114 County Number Minor Watershed Number Fridley 30 24 10 SE,NE 1 2 20066 CONTRACT INFORMATION I(we), the undersigned, do hereby request cost-share assistance to help defray the cost of installing the following 1 practice(s)listed on the second page of this contract. It is understood that: 1. The applicant is responsible to ensure the operation and maintenance of practices and upland treatment criteria applied under this program to ensure that the conservation objective of the practice is met and the effective life,a minimum of 25 years, is achieved.The specific operation and maintenance requirements for this conservation practice listed are described in the operation and maintenance plan prepared by the organization technical representative. 2. Should the applicant fail to ensure practice maintenance during its effective life,the applicant is liable to the state of Minnesota for the amount up to 150%of the amount of financial assistance received to install and establish the practice unless the failure was caused by reasons beyond the applicant's control, or if conservation practices are 'applied at the applicant's expense that provide equivalent protection of the soil and water resources. 3.The applicant shall obtain perpetual rights from landowners to facilitate project construction, inspection and I maintenance. 4. Practice(s)must be planned and installed in accordance with technical standards and specifications of the: design drawings provided by Wenck Associates, Inc. 5. Increases in the practice units or cost must be approved by the organization district board through amendment of this contract as a condition to increase the cost-share payments by amendment. 6. This contract is part of the Joint Powers Agreement entered into between the organization and applicant on September 18,2017 and does not require separate approval. 7. This contract will remain in effect unless canceled by mutual agreement, except where installation of practices covered by this contract have not been,started by 10/15/2017,this contract will be automatically terminated on that date. 8. Practices will be installed by 12/15/2017(date)unless this contract is amended by mutual consent to reschedule the work and funding. 9. Items of cost for which reimbursement is claimed on the Voucher and Practice Certification Summary Form are to be supported by invoices/receipts for payments and will be verified by the conservation district board as practical and reasonable.The district board has the authority to make adjustments to the costs submitted for reimbursement. 124 Page 2 of 2 APPLICANT SIGNATURES The applicant's signature indicates their agreement to: 1. Grant the organization's representative(s) access to the parcel where the conservation practice will be located. 2. Obtain all permits required in conjunction with the installation and establishment of the practice prior to starting construction of the practice. 3. Be responsible for the operation and maintenance of conservation practices applied under this program in accordance with an operation and maintenance plan prepared by the conservation district technical representative. 4. Not accept cost-share funds,from state sources in excess of 80 percent of the total cost to establish the conservation practice 5. Provide copies of all forms and contracts pertinent to any other state or federal programs that are contributing funds toward this project. Date Applicant Address 09/11/17 City/State/Zip Code 6431 University Ave NE Fridley, MN 55432 Date Applicant Address City/State/A)Code CONSERVATION PRACTICE The conservation practice category for which cost-share is requested is Stormwater Pond Expansion and Iron- Enhanced Sand Filter. Eligible component(s) Other recognized technical practice En ineered Practice Stormwater Pond Expansion Iron- ®yes or ono) Total Cost Estimate Enhanced Sand Filter Ecological practice $735,000 (oyes or®no) TECHNICAL ASSESSMENT AND COST ESTIMATE I have reviewed the site where the above listed conservation practice(s)are to be installed and find that they are needed and that the estimated quantities and costs are practical and reasonable. Consery on 'strict Technical tab Date + 09/18/17 /7 • AMOUNT AUTHORIZED FOR COST-SHARE (ENCUMBRANCE) The Organization Board has authorized the following for financial assistance,total not to exceed the overall percent indicated in 4, above. $517,780 from C14-2296 Clean Water Fund—Clean Water Assistance Board Meeting Date Conservation District Board,Chair Total Amount Authorized 09/18/17 $517,780 125 EXHIBIT E Operations and Maintenance Guidance 126 Oak Glen Creek Pond Stormwater Pond and Iron-Enhanced Sand Filter Treating Discharge to Oak Glen Creek and the Mississippi River Monitoring, Inspection and Maintenance Plan The intent of this plan is to ensure the long-term efficacy of the Oak Glen Creek stormwater pond and iron-enhanced sand filter(IESF).This effort will involve the City of Fridley,with the goal of maximizing and sustaining the effectiveness of this practice.This plan was developed based on maintenance plans for similar stormwater treatment systems and from conversations with stormwater professionals who have worked directly with stormwater ponds and IESFs in the field and laboratory.As IESFs are an emerging technology,there is no long-term data to judge maintenance needs over the project's lifetime with certainty.This plan will need to be updated as more information is gained concerning these practices. Operations and Maintenance needs of this practice are summarized in this document within two categories: 1) Visual inspections& Maintenance 2) Performance Monitoring—water quality and quantity The frequency of these actions will be adjusted to ensure the project achieves it performance goals.As such,schedule suggestions noted below only serve as a starting point. Visual Inspections&Maintenance— Following installation,visual inspections of the project should be performed to ensure the practice is operating at design capacity.Specific items to look for during each inspection are summarized on the inspection form, included on pages 3 and 4 of this document. Inspections and maintenance frequency should be based upon the performance of the project and adjusted accordingly to ensure proper function. Inspections should occur often enough to ensure performance at design standard. Year 1:monthly Year 2-3:bi-monthly during non-winter months Year 4+:annual in early summer. Inspections should occur recently after storm events such that filter appearance, drawdown,and overall function can all be assessed within a single visit.The length of time between the end of rainfall and the inspection should also range to ensure drawdown time is being properly assessed. Prior to entering the field,the inspector should know the length of time and amount of the most recent rainfall in the area and enter these values into the inspection sheet. Important notes for visual inspections: 1) If the surface of the practice develops a)a hard crust that appears impermeable or does not break apart easily the top layer may need to be skimmed and broken apart manually into a finer material similar to the design grain size. b)a gray muck or clay-like build-up(may feel slimy to the touch)the material should be removed and replaced with clean sand and/or a sand-iron mix matching the designed 6.5% ratio. If either of the scenarios above occurs they should be remedied immediately,as they can adversely affect filtration rates.Coarse debris(including leaves,other organics,garbage,etc.) should also be removed as they could potentially inhibit filtration rates. 2) If neither of the problems listed in Item#1 is present, but flow appears limited,dig into the filter to inspect for layers that are either gray or black in color and/or feel hard and crust-like to the 1 Oak Glen Creek IESF Monitoring, Inspection and Maintenance Plan 127 touch.These aggregates have been known to limit flow through IESF systems and can significantly reduce performance. If these are found replacement of the entire filter media may be necessary as this is often evidence of either(i)poor iron-sand mixing prior to installation or(ii)accumulation on a confining layer. Performance Monitoring BMP effectiveness in reducing phosphorus export to the Mississippi River is best determined through the analysis of water quality samples.The frequency of sampling should be based on project goals, but should occur often enough to adequately determine BMP efficacy. Monitoring frequency should be adjusted as needed to determine the effectiveness of maintenance activities. Monitoring samples should be taken when the pond is actively discharging.The monitoring season extends from spring melt to freeze up in late fall/winter.The first three years of monitoring will determine a baseline. Year Frequency Parameter Site 1-3 Monthly TP,TDP, DO, In-pond within water column above filter media&in TSS, pH outflow segregated from non-treated water. 1-3 Every 2 hours(electronic Water level Within pond and at discharge point in ditch to data logger/transducer) determine backwater 4-6 Seasonally TP,TDP, DO, In-pond within water column above filter media&in TSS, pH outflow segregated from non-treated water. 6, 12, Every 2 hours(electronic Water level Within pond and at discharge point in ditch to 18,24 data logger/transducer) determine backwater 6+ Seasonally every three TP,TDP, DO, In-pond within water column above filter media&in years TSS, pH outflow segregated from non-treated water. TP—Total Phosphorus,TDP—Total Dissolved Phosphorus,TSS—Total Suspended Solids, DO—Dissolved Oxygen,pH Tests for additional constituents such as nitrogen species(ammonia,nitrate-nitrite,total Kjeldal nitrogen), chloride, heavy metals(cadmium,chromium,copper,lead, nickel,and zinc)may be included based on available project dollars or additional concerns. MPCA guidelines for sample preparation and analysis should be followed. If multiple TP measurements taken at the IESF outlet are above 60-70 NA, phosphorus binding sites within the filter media may have been exhausted. If this occurs,soil samples should be taken from the sand-iron media and analyzed to determine the ratio between TP and total iron.TP to total iron ratios that exceed 5 mg-TP per 1 g of elemental iron indicate that phosphorus binding sites have reached capacity and that the filter media should be replaced. • 2 Oak Glen Creek IESF Monitoring, Inspection and Maintenance Plan 128 Oak Glen Creek Stormwater Pond and IESF Inspection Form Date of Inspection: Inspector's name(s): Time since last rainfall(hr): Quantity of last rainfall(in): Were monitoring samples taken as part of the inspection(Yes or No): If Yes,how many samples taken: which constituents will be analyzed: Date of sample analysis: Is the pond above the permanent pool depth(Yes or No): Is there water above the filter bed(Yes or No): Is water exiting the practice outfall(Yes or No): If Yes,does effluent have any special characteristics(iron color,odor,slow discharge,etc.): O � Maintenance ItemH Comments/Actions Required �.� to N in C 1.Debris Cleanout Filter area clear of trash and debris I 0 ❑❑ I Control structure clear of trash and debris 2.Vegetation Deep-rooted vegetation removed from on and ❑ I ❑ I around the filter bed 3.Sediment Deposition Evidence of sediment deposition on filter bed OIDI 4.Sand media Condition of media(evidence of discoloring, ❑ ❑ I clumping,clogging) 5.Outlet/Inlet Condition - Condition of outlet control structure from IESF and pond(evidence of blowout,clogging,large 0 0 deposition of sediment) Condition of flared-end outlet into the ditch- north of the park trail(evidence of blowout, ❑ 0 clogging,large deposition of sediment) Condition of inlet bench from pond(evidence of ❑ ❑ sloughing,leakage) 6.Cleanout Riser Condition Condition of cleanout risers(6 total) 0 0 7.Dewatering Evidence of leakage from pond to IESF 0 ❑ Evidence of filter clogging(if yes,see notes on page 1 for corrective actions) ❑ - ❑ 8.Structural Integrity Condition of embankment(evidence of leaks, 0 0 holes,slope failures,woody vegetation) Evidence of structural damage(leaks,cracks,etc) ❑ 0 3 Oak Glen Creek IESF Monitoring, Inspection and Maintenance Plan 129 9.Overall IESF functionality Evidence of odors(gasoline,oil,rot,etc.) 0 0 Evidence of flow bypass 10 I 0 I 10.Overall Pond functionality Sediment deposition in the pond that threatens IESF performance I 11.Miscellaneous Items: Maintenance actions taken: [If any of the above items were marked unsatisfactory,explain the actions taken and time table for correction.Attach additional pages as necessary.] Additional comments: 4 Oak Glen Creek IESF Monitoring, Inspection and Maintenance Plan 130 EXHIBIT F Insurance Requirements The City shall ensure the contractor carries insurance that meets or exceed the requirements below or greater where required by Laws and Regulations. Proof of insurance must be provided to the Anoka Conservation District,and any changes of insurance during the project must be reported to the Anoka Conservation District. Workers Compensation: The contractor must be in compliance with Minn. Stat. 176.181 subd. 2 pertaining to workers'compensation insurance coverage. The contractor's employees will not be considered Isanti SWCD employees. Minimum workers'compensation insurance, statutory requirements of MN, including Coverage B, Employer's liability $100,000 bodily injury by disease per employee $500,000 bodily injury by disease aggregate $100,000 bodily injury by accident 1.Workers'Compensation, and related coverages per Minn. Stat. 176.181 subd. 2: a. Minimum workers'compensation insurance, statutory requirements of MN, including Coverage B, Employer's liability $100,000 bodily injury by disease per employee $500,000 bodily injury by disease aggregate $100,000 bodily injury by accident b.Applicable Federal(e.g., Longshoreman's): Statutory 2. Contractor's General Liability shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care,custody and control of Contractor. Coverages required: Premises and Operations Bodily Injury and Property Damage Personal&Advertising Injury Blanket Contractual Products and Completed Operations Contractor's Pollution Liability(or equivalent)Pollution Liability coverage a. General Aggregate$1,500,000 b. Each Occurrence(Bodily Injury and Property Damage)$1,500,000 c. Property Damage liability insurance will provide Explosion, Collapse,and Under-ground coverages where applicable. d. Excess or Umbrella Liability Each Occurrence$2,000,000 3.Automobile Liability: a. Bodily Injury and Property Damage Combined Each Occurence$1,500,000 Aggregate Limit$1,500,000 4. Contractual Liability coverage not less than the following amounts: a. Bodily Injury: Each person$1,500,000 Each Accident$1,500,000 b. Property Damage: Each Accident$1,500,000 Annual Aggregate$1,500,000 5. Other persons or entities to be included on policy as additional insureds are: a.State of Minnesota b.Anoka Conservation District c.Treehouse Foods, Inc. An Umbrella or Excess Liability insurance policy may be used to supplement the contractor's policy limit to satisfy the full policy limits required by the contract. 131 AGREEMENT FOR THE CONSTRUCTION OF SPECIFIC STORMWATER SYSTEM IMPROVEMENTS IN THE OAK GLEN CREEK SUBWATERSHED CITY OF•FRIDLEY PROJECTS 17-446 AND 17-516 This Agreement For the Construction of Specific Stormwater System Improvements In the Oak Glen Creek Subwatershed City of Fridley Projects 17-446 and 17-516 (the"Agreement") is made and entered into this day of September, 2017 by and between the City of Fridley, a municipal corporation under the laws of the State of Minnesota (the "City"), and Treehouse Private Brands, Inc., a Missouri corporation ("Treehouse"). WITNESSETH WHEREAS, the City and Treehouse recognize that there have been historic flooding'problems in the Oak Glen Creek subwatershed and that have a direct adverse impact Treehouse; and WHEREAS, the parties to this Agreement agree it is in the best interest of the City, Treehouse, and the public to provide for specific stormwater system improvements to reduce the recurrence of flooding and provide water quality benefit; and WHEREAS, the parties to this Agreement, in conformance with a Memorandum of Understanding executed by both parties dated December XX, 2016, have come together in a collaborative effort and agree that construction of stormwater system improvements in and adjacent to Treehouse Foods' property located at the 7350 Commerce Lane NE, Fridley, MN 55432 (the"Property") have been identified as providing the greatest benefit with available funding services; and WHEREAS, the parties agree that it is in their best interest to work together to implement these stormwater system improvements; and, WHEREAS, Treehouse owns the real property necessary to construct a portion of the improvements upon; and, WHEREAS, the City has encumbered funding from its own and outside sources for construction of the improvements; NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED AS FOLLOWS: I. PURPOSE The City has contracted with Wenck Associates ("Wenck") to prepare a final design for improvements that will a)achieve water quality betterment in conformance with its shared goals with the Anoka Conservation District and Coon Creek Watershed District("CCWD"), b) mitigate flooding of the Property, and c) meet the budgeted funding available for the Improvements. A review of final design options has been conducted by Treehouse, the City, and the CCWD. Project elements have been evaluated by the City, Treehouse, and the CCWD and Wenck to determine 1)the most efficient layout, 2)the benefits from both a water quality and flood control standpoint, and 3)the budget established for the project. Page 1 of 16 132 Wenck has provided analysis of combinations of project elements and their impact to water quality and flood control. A final option has been selected by concurrence of the City and Treehouse. IL METHOD Project The parties agree that the Final Plan, dated June 18, 2017, as shown in Exhibit A, has been reviewed and accepted by the parties and is suitable for construction of the Phase I Project(City Project 17-446) improvements. The parties further agree that conceptual design for the Phase II Project(City Project 17- 516) improvements has been reviewed and accepted by the parties as shown in Exhibit B, which are suitable for use in development of final design plans and construction. These improvements identified in Exhibit A and Exhibit B, collectively, are the"Project" and individually"Phase I Project"and "Phase II Project". Improvements The Phase I Project has three main elements, as follows: 1)Stormwater Ponding with Iron-enhanced Sand Filter(Stormwater Pond); 2) Conveyance and Storage Channel on an existing City Easement (Channel), and 3) Eastern Lot/Driveway Improvements. The Phase II Project provides for the construction of a fourth additional element: the Treehouse Foods Outfall (the"Treehouse Outfall"). Due to budgetary limitations, the Project does not include concepts reviewed for a Storm Sewer Trunk Line Diversion to the north Property boundary(Storm Sewer Diversion), Implementation The City will be responsible for completion of Project design, permitting, bidding, contracting, and construction administration to complete the Project. The City and Treehouse foods will review and concur with the project on a regular basis to review activities and coordination needs relating to the Project. Assignment of Property Subject to the terms and conditions of this Agreement, Treehouse agrees to grant to the City a permanent easement to the Stormwater Pond, which shall be in substantially similar form to that attached hereto as Exhibit C. In addition, subject to the terms and conditions of this Agreement, Treehouse agrees to grant to the City temporary construction and permanent access easements as reasonably necessary for the construction, use and maintenance of the Project improvements. III. FUNDING The City, via its own funds and various funds available from partnering agencies, will pay for the design, permitting, bidding, contracting, and construction administration of the Project. The construction cost of the Project is currently estimated at$770,000 for the Phase I Project(including contingency)and $154,000 for the Phase II Project(including contingency)totaling $924,000.00 for the Project, excluding engineering and administration expenses. The City agrees that no portion of the Project construction, administration, or engineering costs shall be levied as assessments against the Property. Page 2 of 16 133 IV. TIMELINE Both parties recognize that time is of the essence in construction of the Project and developing final agreement(s)for the Project. Both parties will therefore execute agreements, provide Property access and donation, and contract for improvements necessary to complete the Phase I Project no later than September 15, 2017. Final completion of construction of the Phase I Project shall occur on or before December 31, 2017. Both parties will similarly execute agreements, provide property access, and complete final design necessary to complete the Phase II Project no later than January 31, 2018. Final completion of construction of the Phase II Project shall occur ur on or before June 30, 2018. V. TERMINATION This Agreement shall continue until construction of the Project is complete, and a maintenance agreement for the Project improvements is executed and recorded, whichever is later. VI. MAINTENANCE Treehouse shall have and retain primary responsibility for maintenance of the Property, with the exception of the City's primary responsibility for maintenance of its constructed storm water management, storm water drainage, and storm water treatment improvements. The City's stormwater improvements maintenance responsibilities are outlined in the recorded easement which shall be substantially similar to that attached hereto as Exhibit C and the stormwater maintenance agreement which shall be substantially similar to that attached hereto as Exhibit D. The City maintenance obligations shall include provision improvement site security in the form of fencing as further described in Exhibits C and D. VII. OPERATION, MODIFICATION,AND DISPENSATION In accordance with this Agreement, the Project improvements shall be operated by the City for the benefit of both parties, partner agencies, and the community as a whole in accordance with state and local regulations and requirements. In the event that relocation or modification of a portion of the Project improvements is found to be beneficial to either party, both parties will evaluate their benefit and negotiate in good faith in effecting said relocation or modification. In the event that some or all of the Phase I improvements have reached their useful life, the City shall cause to reconstruct that portion of the improvements that require replacement in the same or differing form to provide equivalent performance of the Phase I Project improvements under this Agreement. In the event that some or all of the Phase II improvements have reached their useful life, Treehouse shall cause to reconstruct that portion of the improvements that require replacement in the same or differing form to provide equivalent performance of the Phase II Project improvements under this Agreement. Page 3 of 16 134 VIII. MISCELLANEOUS 1. Notice. For purposes of delivery of any notices herein,the notice shall be effective if sent a via overnight express courier to the City Manager of the City of Fridley, 6431 University Avenue NE, Minnesota 55432 on behalf of the City and to the Treehouse Private Brands, (insert recipient and address),on behalf of Treehouse. 2. Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another with any of the provisions contained in this Agreement, waive performance of any obligations by the other. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 5. Headings. The subject headings of the paragraphs and subparagraphs of this Custom Grading Agreement are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. IX. INDEMNIFICATION The City and Treehouse mutually agree to indemnify and hold harmless each other, their officers, agents and employees, from any claims, losses, costs, expenses or damages resulting from the acts or omissions of their respective officers, agents, or employees relating to activities conducted by the indemnifying party under this Agreement, but only to the extent caused in whole or in part by the negligent acts, errors or omissions of the indemnifying party or anyone directly or indirectly employed or hired by the indemnifying party or anyone for whose acts the indemnifying party may be liable. This indemnity obligation shall survive the completion or termination of this Agreement. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, under no circumstances shall the City be required to pay on behalf of itself any amounts in excess of the liability on limits established in Minnesota Statutes, Chapter 466. Page 4 of 16 135 X. ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding effective as of December , 2017. CITY OF FRIDLEY TREEHOUSE PRIVATE BRANDS, INC. a Missouri Corporation By: By: Scott Lund, Mayor By: Walter Wysopal, City Manager Date: Date: Page 5 of 16 136 Exhibit A Final Plan, dated June 18, 2017 City Project 17-446 Page 6 of 16 137 § m m g r 'w m a a o LLJ -mgeE-Z—. e U 'i -o 6 g � 6 -_ 3 tag" & i� A i E 8 r_..( ',', --i s 1,- l $ 11 II e , ,1 B I , !TIPamo ------"------:„-.L.....-- '.--- --=-Tr---- -: _ a� -- `_t3_---=� I a 4 q6 av SYS ___ ---`r. • 1-1—,(7547-7:-Iil 1 �fO-'� .. V -. --_, _ 1 , it e Rrl E ;' 11-;=,‘ I r s , 1/41 go p h 4 Al ck - - ' - — — I t A , - .. OIC" ' ; _F—• 'II ''..--7 \ - .10 .01 i , 1 - I n I , 158 1 `` I O I _ ig 4\\ �`41'� ,, ! � li a: ` .\ III II II /i; — /Ih �'.,,�1 ' !'^ 1_- rr _ et-----7...; FIdd �{ , ,, ,, . il 1 /r- . „ =-77-=', 1 7 BB , E' —. -- — ' ----6.------------ 'may: :111g � �' - - -- olli 4 ' '' IE ` T` , `i it a 'Mc a \ !Ti 'lig ggigi _L_---<----- brit 1u sv(Jar r.a 1c..0•+o w 4w,e SWtAme...sW\e...+r.....ss....w.wu-...MN, 138 Exhibit B Conceptual Design City Project 17-516 Page 8 of 16 139 n Y m w m a o W a ii--.EK-z---, : . i I� i I S€08 o f P ap --81.______„,., i ig ' - - 1Q 7 oo. III 51 I V 44 dam_ /-",L-7-1,---, •01_2_-0: <— ° I II. jl ,, 8VA W Ail I EVA s s: a�a IL �md II ' ' ' 1 1 011 1 �,, Q 1,1 ' I 8� 4 NI o � Ij � I,. °g �1: A a iiiiii.1 i. „/ lb, a-0 0 SII I 1 N) °9'FO1 �j ! ; % $ ,, I / smo ! i‘'s ' ' ,(0„5_..- --, O - t I---4?-' I ill ( 811 ri -, �� p•p yyye C1 p� fs. S c�a E uei \ '\ I 1 1 ' '' '------U !! 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Ij Exhibit D Maintenance Agreement i i Page 12 of 16 143 Oak Glen Creek Pond Stormwater Pond and Iron-Enhanced Sand Filter Treating Discharge to Oak Glen Creek and the Mississippi River Monitoring, Inspection and Maintenance Plan The intent of this plan is to ensure the long-term efficacy of the Oak Glen Creek stormwater pond and iron-enhanced sand filter(IESF).This effort will involve the City of Fridley,with the goal of maximizing and sustaining the effectiveness of this practice.This plan was developed based on maintenance plans for similar stormwater treatment systems and from conversations with stormwater professionals who have worked directly with stormwater ponds and IESFs in the field and laboratory.As IESFs are an emerging technology,there is no long-term data to judge maintenance needs over the project's lifetime with certainty.This plan will need to be updated as more information is gained concerning these practices. Operations and Maintenance needs of this practice are summarized in this document within two categories: 1) Visual inspections&Maintenance 2) Performance Monitoring—water quality and quantity The frequency of these actions will be adjusted to ensure the project achieves it performance goals.As such,schedule suggestions noted below only serve as a starting point. Visual Inspections&Maintenance— Following installation,visual inspections of the project should be performed to ensure the practice is operating at design capacity.Specific items to look for during each inspection are summarized on the inspection form,included on pages 3 and 4 of this document. Inspections and maintenance frequency should be based upon the performance of the project and adjusted accordingly to ensure proper function. Inspections should occur often enough to ensure performance at design standard. Year 1:monthly Year 2-3:bi-monthly during non-winter months Year 4+:annual in early summer. Inspections should occur recently after storm events such that filter appearance,drawdown,and overall function can all be assessed within a single visit.The length of time between the end of rainfall and the inspection should also range to ensure drawdown time is being properly assessed. Prior to entering the field,the inspector should know the length of time and amount of the most recent rainfall in the area and enter these values into the inspection sheet. Important notes for visual inspections: 1) If the surface of the practice develops a)a hard crust that appears impermeable or does not break apart easily the top layer may need to be skimmed and broken apart manually into a finer material similar to the design grain size. b)a gray muck or clay-like build-up(may feel slimy to the touch)the material should be removed and replaced with clean sand and/or a sand-iron mix matching the designed 6.5% ratio. If either of the scenarios above occurs they should be remedied immediately,as they can adversely affect filtration rates.Coarse debris(including leaves,other organics,garbage,etc.) should also be removed as they could potentially inhibit filtration rates. 2) If neither of the problems listed in Item#1 is present, but flow appears limited,dig into the filter to inspect for layers that are either gray or black in color and/or feel hard and crust- like to the 1 Oak Glen Creek IESF Monitoring, Inspection and Maintenance Plan 144 touch.These aggregates have been known to limit flow through IESF systems and can significantly reduce performance. If these are found replacement of the entire filter media may be necessary as this is often evidence of either(i)poor iron-sand mixing prior to installation or(ii)accumulation on a confining layer. Performance Monitoring BMP effectiveness in reducing phosphorus export to the Mississippi River is best determined through the analysis of water quality samples.The frequency of sampling should be based on project goals,but should occur often enough to adequately determine BMP efficacy. Monitoring frequency should be adjusted as needed to determine the effectiveness of maintenance activities.Monitoring samples should be taken when the pond is actively discharging.The monitoring season extends from spring melt to freeze up in late fall/winter.The first three years of monitoring will determine a baseline. Year Frequency Parameter Site 1-3 Monthly TP,TDP, DO, In-pond within water column above filter media&in TSS, pH outflow segregated from non-treated water. 1-3 Every 2 hours(electronic Water level Within pond and at discharge point in ditch to data logger/transducer) determine backwater 4-6 Seasonally TP,TDP, DO, In-pond within water column above filter media&in TSS, pH outflow segregated from non-treated water. 6, 12, Every 2 hours(electronic Water level Within pond and at discharge point in ditch to 18,24 data logger/transducer) determine backwater 6+ Seasonally every three TP,TDP, DO, In-pond within water column above filter media&in years TSS, pH outflow segregated from non-treated water. TP—Total Phosphorus,TDP—Total Dissolved Phosphorus,TSS—Total Suspended Solids, DO—Dissolved Oxygen,pH Tests for additional constituents such as nitrogen species(ammonia, nitrate-nitrite,total Kjeldal nitrogen), chloride, heavy metals (cadmium,chromium,copper, lead, nickel,and zinc) may be included based on available project dollars or additional concerns. MPCA guidelines for sample preparation and analysis should be followed. If multiple TP measurements taken at the IESF outlet are above 60-70 Ng/L,phosphorus binding sites within the filter media may have been exhausted. If this occurs,soil samples should be taken from the sand-iron media and analyzed to determine the ratio between TP and total iron.TP to total iron ratios that exceed 5 mg-TP per 1 g of elemental iron indicate that phosphorus binding sites have reached capacity and that the filter media should be replaced. 2 Oak Glen Creek IESF Monitoring, Inspection and Maintenance Plan 145 Oak Glen Creek Stormwater Pond and IESF Inspection Form Date of Inspection: Inspector's name(s): Time since last rainfall(hr): Quantity of last rainfall(in): Were monitoring samples taken as part of the inspection(Yes or No): If Yes,how many samples taken: which constituents will be analyzed: Date of sample analysis: Is the pond above the permanent pool depth(Yes or No): Is there water above the filter bed(Yes or No): Is water exiting the practice outfall(Yes or No): If Yes,does effluent have any special characteristics(iron color,odor,slow discharge,etc.): o o Maintenance Item as 17, Comments/Actions Required 1 In1417. N 1.Debris Cleanout Filter area clear of trash and debris 0 0 Control structure clear of trash and debris ❑ ❑ 2.Vegetation Deep-rooted vegetation removed from on and ❑ ❑ around the filter bed 3.Sediment Deposition Evidence of sediment deposition on filter bed 0 0 4.Sand media Condition of media(evidence of discoloring, ❑ ❑ clumping,clogging) 5.Outlet Inlet Condition Condition of outlet control structure from IESF and pond(evidence of blowout,clogging,large 0 0 deposition of sediment) Condition of flared-end outlet into the ditch- north of the park trail(evidence of blowout, 0 0 clogging,large deposition of sediment) Condition of inlet bench from pond(evidence of ❑ ❑ sloughing,leakage) 6.Cleanout Riser Condition Condition of cleanout risers(6 total) ❑ 0 7.Dewatering Evidence of leakage from pond to IESF ❑ ❑ Evidence of filter clogging(if yes,see notes on ❑ ❑ page 1 for corrective actions) 8.Structural Integrity Condition of embankment(evidence of leaks, ❑ ❑ holes,slope failures,woody vegetation) Evidence of structural damage(leaks,cracks,etc) ❑ ❑ 3 Oak Glen Creek IESF Monitoring, Inspection and Maintenance Plan 146 9.Overall IESF functionality Evidence of odors(gasoline,oil,rot,etc.) 0 0 Evidence of flow bypass [] ❑ 10.Overall Pond functionality Sediment deposition in the pond that threatens IESF performance 11.Miscellaneous Items: Maintenance actions taken: [If any of the above items were marked unsatisfactory,explain the actions taken and time table for correction.Attach additional pages as necessary.] Additional comments: 4 Oak Glen Creek IESF Monitoring, Inspection and Maintenance Plan 147 AGENDA ITEM tar pf CITY COUNCIL MEETING OF SEPTEMBER 11, 2017 ridley INFORMAL STATUS REPORTS I 148