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08/13/2007 - 6134' '_ .I ! i CITY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF PR/NT NAMF, Afl�RFSS AND /TFM NUMBFR YOU ARF /NT�'RFSTFO /M. Print Name (Clearly) Address Item No. �e e r- �� n� u r 2 7/ C�r��eu a �-� C��-�-N cZ %v� �� " 1,� vl �° �f r cc� e v� �� 1' oct u� W6 �1'� U A� �N �a��n � �'7't�'i�' /�% ,� 5�%}3 S � � Ct W . ��ney _i'N� r� � ''`�,�.,,-� ��. tti ` L �V � �� 5 Z Z (c C.� �• .,�,,�, � ;� �^� � ''r � y. " '� �'' � l C�' ((�- %" � �?i'�G(C �, � �^ �� (�`�. (, ��sl� ► �� S-� � �� D�'1,�,� n � �� `� ��z � � �� ' � _ �. � -• `� � ��d �I. � l - � �, `a � N�� -� �✓�i�-Ko �s� �� ;�,-c�� '/�� FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 ,. � _ � CfTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763- 572-3534) � . .Z � � � PLEDGE OF ALLEGIANCE. I� P, t� l,� S �, S�, A�— APPROVAL OF PROPOSED CONSENT AGENDA: -p �l ;�.. w�-�-v-e-� �'? APPROVAL OF MWUTES: �� / � J�S� �a��/ City Council Meeting of July 23, 2007 OLD BUSINESS: O(GI ' �/�G� � 1 �/ 1. Second Reading of an Ordinance Amending Chapter 206, Building Code, Adopting the 2007 Minnesota State Building Code and Amending Permit Fees; and Adopt Official Title and Summary Ordinance ................................... 1 - 12 2. Approve Tower Site Agreement between the City of Fridley and T-Mobile Central, LLC, for the Installation of Cellular Antennas on the Marion Hills Water Tower (Ward 1) (Tabled July 23, 2007) ................................... 13 - 34 NEW BUSINESS: APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Resolution Receiving Final Plans and Specifications and Authorizing the Advertisement for Bids for Street Improvement Project No. ST. 2007 – 3(Quiet Zone) ................................... 38 - 39 ��"3� Receive Bids and Award Contract for the ST. 2007 - 2 Mill and Overlay Project ..................... 40 - 41 6. Resolution Authorizing Traffic Control Signal Agreement No. 91252R for the Replacement of the Traffic Control System on TH 65 and Osborne Road................................... 42 - 61 ��- 3� Resolution Accepting the Act of Donation from Wal-Mart Real Estate Business Trust to the City of Fridley Dated August 1, 2006, Conveying Land for the 85th Avenue Trail Project (Ward 3) ................................. 62 - 67 • a�?- 39 �� 8. Approve Pre-Production Change Orders 1-3 for Job No. 2731 (wh) and Pre-Production Change Orders 1-3 for Job No. 2732 (wh) for Two Rescue Trucks for the Fire Department .......... 68 – 74 Resolution Approving a Plat, P.S. #07-02, JJ � c� Addition, by Eugene Jankowski, for the Purpose �� of Creating Three Single Family Lots, Generally Located at 1400 and 1420 Rice Creek Road �3'� N.E. (Ward 2) .......:......................... 35 - 37 �� '� a�'��!/ ��/ /� �' ��4�� 1�-�w�� First Reading o an Qrdinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Chart�r of the City of Fridley.................................................. 75 - 80 E _ _ a 1 —_ r� FRIDLEY CITY COUNCIL MEETING OF AUGUST 13 2007 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 10. Claims (132795 - 133089) ............ 81 11. Licenses .......................................... 82 — 83 12. Estimates ........................................ 84 � 3.,� ��-, �6 P��,�� c:�� fkS �� . �G4� �1. ►.�vSluc.(�a � ADOPTION OF AGENDA. q�)��1� �s � ,� �� -v, O� � � �-�- OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes ,� � �5 � ��`� � � � � � � �� -t-v r✓�, � �..�; u.: t� � in,1' �. � (p r..��(� � 1'�, � � �` • Z � �° Co v�V�v�� NEW BUSINESS: 13. Informal Status Report ....................... 85 ADJOURN. � �/��/�� l '� � �'f�(. 0 p � . � �iii ��r i. i . . . . . . . . il. ��.�i�i II 1' . . . � i 't I -.-,� .i t , �I��iil�l Ii'�,,�� -. l �1 1 I-.t Ilt ��.jw •: r I � ,.� �1�1�1�1�1 I� �I � 1 � 1 , R � !�IIL 1 � �� t' � ..� . IIIIIIII� I � ��d'�:i,"i i i,. t.. . . i ii!i�i i i' i ,� i t k i ! i�i�i�i �{i� . . i i n�i� �i . i� , �� i1`, i... �. . � #. . i� �i.�iii�i ',!'!i i i�i;i��'';�� i�i i�1�i��i�i� i i' i �.� '� � i i 9 `,-�. 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T••�i'r��lr�� K�!,��i'�};�4 I� �, '. . �� . � � �� ly4 ° 1�1-'h�S��_ » � � '� inq i d �� i � `i� � � ' ,� y . . inniiii�� '��1' �� `u��i�i�� 1��X�� 1i�a i1�+� , r �A. � ��io5�l�l�i;i�t.'��itl��,.!e�liY"��.]11111\��. �1'! ��i„��aSl:l�n��'1�t�.. ,. � � � CffY OF FRIQLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 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 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of July 23, 2007 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 206, Building Code, Adopting the 2007 Minnesota State Building Code and Amending Permit Fees; and Adopt Official Title and Summary Ordinance ................................................ 1- 12 2. Approve Tower Site Agreement between the City of Fridley and T-Mobile Central, LLC, for the Installation of Cellular Antennas on the Marion Hills Water Tower (Ward 1) (Tabled July 23, 2007) ................................................................................................. 13 - 34 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 3. Resolution Approving a Plat, P.S. #07-02, JJ Addition, by Eugene Jankowski, for the Purpose of Creating Three Single Family Lots, Generally Located at 1400 and 1420 Rice Creek Road N. E. (Ward 2) ................................................................................................ 35 - 37 4. Resolution Receiving Final Plans and Specifications and Authorizing the Advertisement for Bids for Street Improvement Project No. ST. 2007 — 3(Quiet Zone) .................................... 38 - 39 5. Receive Bids and Award Contract for the ST. 2007 - 2 Mill and Overlay Project ................................................................................ 40 - 41 6. Resolution Authorizing Traffic Control Signal Agreement No. 91252R for the Replacement of the Traffic Control System on TH 65 and Osborne Road .................................... 42 - 61 7. Resolution Accepting the Act of Donation from Wal-Mart Real Estate Business Trust to the City of Fridley Dated August 1, 2006, Conveying Land for the 85t" Avenue Trail Project (Ward 3) ......................................................... 62 - 67 8. Approve Pre-Production Change Orders 1-3 for Job No. 2731 (wh) and Pre-Production Change Orders 1-3 for Job No. 2732 (wh) for Two Rescue Trucks for the Fire Department ..................................................................... 68 - 74 FRIDLEY CITY COUNCIL MEETING OF AUGUST 13, 2007 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. First Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley ......................................... 75 - 80 10. Claims (1 32795 — 1 33089) ........................................................................ 81 11. Licenses ..................................................................................................... 82 - 83 12. Estimates .................................................................................................... 84 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes NEW BUSINESS: 13. Informal Status Report .................................................................................. 85 ADJOURN. > '� I � CRY OF FRIDLEY Name James Kosluchar • `tf - r AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 Position Director of Public Works Exempt A�pointment Starting Salary $89,460.80 per year Starting Date Sept. 10, 2007 Replaces Jon Haukaas CITY COUNCIL MEETING CITY OF FRIDLEY JULY 23, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Don Abbot, Public Safety Director Fritz Knaak, City Attorney Layne Otteson, Assistant Public Works Director PROCLAMATION: Presented proclamation for "National Night Out" which will be held on Tuesday, August 7, 2007. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Approval of the City Council Meeting Minutes of June 25, 2007. APPROVED, with changes on page 3, first paragraph. NEW BUSINESS: 1. First Reading of an Ordinance Amending Chapter 206, Building Code, Adopting the 2007 Minnesota State Building Code and Amending Permit Fees William Burns, City Manager, stated the changes relate to the costs of electrical inspections, charges to contractors for the use of public water on construction sites, and to changes incorporated in the 2007 version of the State Building Code. Staff recommends that the City's FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 2 electrical inspection costs be made consistent with State law and that the following changes be made in the fees charged to contractors for water used during construction: ■ Cost of water used during construction raised from $1.25/1000 gallons used to $1.30/1000 gallons used. ■ Minimum for water used raised from $10 to $20. ■ Cost to fill a tanker raised from $10 to $20. ■ Cost for patching streets after water taps changed from $400 per square foot to actual cost. Dr. Burns stated although the State has not yet provided copies of all building code changes for 2007, staff recommends that Council adopt the 2007 State Building Code by reference, which will enable staff to incorporate the changes as they are made. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 2. Approve Tower Site Agreement between the City of Fridley and T-Mobile Ventral, LLC, for the Installation of Cellular Antennas on the Marion Hills Water Tower (Ward 1) William Burns, City Manager, stated this provides for a second series of cellular antennas for the Marion Hills water storage tank The other cellular communications provider with antennas on the tank is Sprint. We also have SCADA equipment on the tank and other equipment that has been placed there by the County to serve the 800 MHz public safety communications system. Under the terms of the agreement, T-Mobile will place up to nine antennas on the tower in bunches of three. Dr. Burns stated that T-Mobile would also be granted an access easement and an area for construction of a 10' x 12' storage equipment building. T-Mobile will also be allowed to construct a 65' long sidewalk between the parking lot and their storage building (located outside our fencing and south of the water tower). The agreement provides for a monthly payment of $1,750 plus an additional $125/month for each additional antenna after the first nine. The rent is to be increased annually by an amount equal to the CPI, but not less than 2% or more than 5%. The term of the lease is five years with an option to extend the lease for four additional five-year periods. The lease agreement has been reviewed by City staff and the City Attorney and found to be consistent with other agreements. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 3. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 3 William Burns, City Manager, stated the Fridley Police Department proposes to collaborate with Anoka County and several nearby cities to take advantage of a grant program offered by the Minnesota Department of Public Safety. The program provides funding for police officer overtime on major holiday weekends for a coordinated effort to address driving under the influence of drugs and alcohol. It also provides funding for advertising and community education. The period covered by the grant is October 1, 2007, to September 30, 2008. The City of Coon Rapids will serve as administrator for the program in Anoka County. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-35. 4. Appointment — City Employee. William Burns, City Manager, stated that they are recommending the appointment of Kevin Titus to fill the police officer position vacated by the retirement of Sergeant Dave Prois. APPROVED APPOINTMENT OF KEVIN TITUS. 5. Claims (132396-132792). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked for Item 2 to be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item 2. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): None. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 4 PUBLIC HEARINGS: 7. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 NE (Ward 2) MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:45 P.M. Scott Hickok, Community Development Director, said this public hearing was to consider the revocation of Special Use Permit, SP #06-04, for BDA Development. The petitioner, Brent Anderson, received approval on September 25, 2006, to allow limited outdoor storage at his property located at 7600 Highway 65. Several stipulations were attached to the special use permit. Since that time, several of the stipulations have either not been met or are past the deadline for completion. At the time of approval, petitioner had expressed his need for additional time to construct the lean-to structure due to money constraints and the many improvements needed on the site. Mr. Hickok said the Planning Commission and the City Council agreed to extend the deadline for the lean-to structure from December 31, 2006, to October 1, 2007. At the time of the special use permit approval, Petitioner did say that all improvements, including but not limited to, paving and curbing the site, a new screening gate, and a fence along the southern property line to be replaced or repaired, would be completed by December 31, 2006. The specific that have not been met or are past the deadline for completion are as follows: . Petitioner to provide City Staff with dimensions of the outdoor storage area in the northwest corner of the property, labeled as "E" on the site plan. . Petitioner to provide storm water maintenance agreement for use of storm pond west of the subj ect property. . Petitioner shall install curb and gutter around site perimeter and hard surface any remaining gravel areas with asphalt or concrete. . Gate width and style to be installed to access the rear yard on the southeast corner of the property to meet Fire code requirements. Gate shall also be screened with slats installed in order to comply with code requirements by December 31, 2006. Gate shall remain closed, except when being used for access to the yard, to ensure proper screening. . No off-loading of materials shall take place in front of the principal building or eastern entrance area or service road. . All storage shall be contained within the buildings, this structure as defined in this proposal, or the area identified as "E" in the attached site plan. Mr. Hickok said that the December 31, 2006, deadline has passed, and no improvements have been made to the site, with the exception of the removal of the semi-trailers that were parked on FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 5 site for storage. Staff recommends that all of the 21 stipulations placed on this special use permit request be completed by December 31, 2007. This includes construction of the lean-to structure and everything that is required as a result of that construction. If any of the stipulations are not met by the December 31, 2007, deadline, staff recommends that the City Council revoke the petitioner's special use permit at their first meeting in January of 2008. Staff recommends that the City Council open the public hearing and hold it open until the January 7, 2008 City Council meeting for the final decision on revocation of Special Use Permit, SP #06-04. If Council chooses to revoke the special use permit, a resolution has been prepared. Councilmember Varichak asked why the stipulations were not met in a timely manner. Mr. Hickok replied that Mr. Anderson recently experienced the death of a very important person of the organization. Storage problems have been a long, ongoing issue with this site. Councilmember Barnette asked if Mr. Anderson had other tenants in the building. Mr. Hickok answered that it was a multi-tenant complex and tenants did have product stored outside. Councilmember Barnette stated that even if the property owner leased out space, he was responsible for the entire property. The property owner was to have the stipulations met in October and was already granted an extension to December, and now was asking for an additional extension to January. She asked why the property owner was asking for the extension to January. The special use permit should be revoked because everything was to be completed by October of 2007. If the permit is extended to January, the property owner could run into a hardship situation due to weather. Mr. Hickok said petitioner was granted additional time to complete the stipulations to October, 2007, and was asking for another e�tension. Staff is not confident the work will be complete by January, 2008, but at this time does not want to put the petitioner out of business. To complete the construction of the lean-to structure between now and October of 2007 may not have been a realistic time frame. The City is willing to allow some extra time due to the circumstances the petitioner has been experiencing. Councilmember Bolkcom said the stipulations in the special use permit were not adhered to and the deadlines were not met. She was frustrated that staff was so lenient in allowing a year extension and may now allow another extension. She questioned how lenient we should be. She asked if the petitioner came to staff and asked for an extension or if this was discovered on a follow-up visit. Mr. Hickok said it was discovered during a follow-up visit. The good news is the site has improved and met some of the stipulations. Staff is looking for compliance, and extra time is needed. Staff will spend at least three months monitoring this situation. Under the circumstances, the stipulations will not be met by October. It would be reasonable to allow the extension rather than put petitioner out of business. Hopefully, this extension will allow the petitioner to succeed in a short amount of time. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 6 Brent Anderson, BDA Development, stated that on December 1, 2006, another company acquired his company. For financial reasons, the company that acquired his company was behind on rent ($106,000). The delinquent rent put the special use permit in jeopardy because it caused financial hardship and the inability to complete the stipulations due to lack of finances. He is currently working to collect the past due rent and the company said they should be able to make the past due payments in August. Nine trailers have been removed from the site. They have cleaned up the yard and paved more area than what was required. He believes they are slowly making progress and when the rent is current, they will have the funds to complete the job. In October, the construction business will slow down and he will have the staff to build the lean-to structure. There is a chance they may get into a situation due to cold weather that would prevent the concrete construction. He said he would be willing to come to a meeting in October or November and provide an update. He said his partner was initially working on this project and got very ill. He passed away in April. William Burns, City Manager, asked about the company that is behind on the rent and why they got so far behind. Mr. Anderson answered the company bought the contracting part of his business, not the building. Mr. Anderson has been focusing on getting the company current on the rent and getting the proj ect going. Mayor Lund asked for confirmation that Mr. Anderson sold the business but not the property. He said that if this is right, the special use permit and stipulations are tied to the property. Mr. Anderson said he had copies of the letter he is sending to company that is behind on rent. Mayor Lund asked when the company was first late on their rent. Mr. Anderson answered March of 2007. Mayor Lund said that the lean-to structure was to be done by December of 2006. Mr. Anderson said that he was having difficulties with the contracting business and now the business has been sold. Mayor Lund did not see the correlation between the past due rent and the stipulations not being met on time. When the special use permit was granted, Mr. Anderson agreed to the stipulations and the timing. Mr. Anderson said he agreed with the stipulations but did not understand them all. Mayor Lund said that if he did not understand the stipulations, he should have asked staff to explain them. If Mr. Anderson has a bad tenant not paying rent which prevented him from building the lean-to structure, the late rent started in March of 2007 which is after the time that the structure should have been built. He sympathized with Mr. Anderson in the untimely death FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 7 of his business partner, but all of the stipulations should have been completed by December 31, 2006. Mr. Anderson said that the death of his business partner was not a simple situation. He had a brain tumor and his health declined for quite some time. He was in a wheelchair for 6 to 7 months and continued to come to work even though he was unable to perform his duties. He did not feel it would be right to take over the project when his business partner was putting forth whatever effort he could under the circumstances. Mayor Lund said he still saw no correlation between the timing the project should have been completed and the financial hardship. Mr. Anderson said that the tenant was experiencing financial hardship as well and chose to pay his employees before the rent, not making the rent a priority. Mayor Lund stated that the delay in meeting the time frame may be a reasonable situation but staff did not have high hopes for Mr. Anderson to fulfill the agreement even with the new extension. Mr. Anderson said that he has talked with a bank and if he used the building as collateral, a loan looks promising if the tenant cannot come current with the rent in August. He said he would still need the additional three months to complete the stipulations. He realizes that his business is in jeopardy and the special use permit could be terminated and would be willing to come and update Council on the progress of the stipulations. Mayor Lund asked if December 31, 2007, would be sufficient time for Mr. Anderson to complete the stipulations. Mr. Anderson answered no but he believes that 80-90% of the work could be completed by then. Mayor Lund commented that at least he had the bank to use as a last resort if the tenant did not come current with the rent. Mr. Anderson said that he is sending the letter and if rent is current in August, they will be able to move forward without help from the bank. Mayor Lund commented the business would really be in hardship if the outdoor storage goes away. Mr. Anderson said that the tenants would suffer as well because all of the tenants need outdoor storage space. Mayor Lund asked if the tenants were aware of this situation and if they have looked to other options if things do not get resolved. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 8 Mr. Anderson said most tenants need the outdoor storage space. Mayor Lund said that he would like to keep the business in the community but it was also important to keep the community looking nice. Mr. Anderson said that they have hauled a lot of stuff to their outdoor storage yard in Cambridge. Mayor Lund asked why there was a sign "no trucks beyond this point" still on site when trucks were suppose to load in the back. Mr. Anderson said he did not realize this sign was there until he saw the photograph. The sign will be taken down. In the past, some trucks would unload in the front as it was hard to maneuver the trucks in the yard. Now they have new fork lifts that make unloading trucks easier in the back. Mayor Lund asked Mr. Hickok if they have received any calls or complaints of them unloading in the front. Mr. Hickok answered he is not sure that this is not an issue anymore. Mayor Lund said that the issues with the site are not all financial such as the draft of the drawing plan for Site E. Mr. Anderson answered that his business partner had brought those drawings home and they were thrown away after his death. He would get together with Scott and start reworking on the plan. Mayor Lund asked when Mr. Anderson would take ownership on this project. Staff notifies petitioners when things are not complete and Mr. Anderson should have been well aware that he was not in compliance. Mr. Anderson said that Stacy called him about a month ago and he was not able to find the drawing. Councilmember Bolkcom said that she was comfortable with the extension due to the unfortunate circumstances with the financial hardship and death of his business partner. Staff should keep Council updated in October, November and December on the progress of the completion of the stipulations. Holding this open until January should allow the petitioner ample time to complete this proj ect. The petitioner claims that he was unaware some of the stipulations but needs to take ownership to all of them now. Councilmember Saefke asked how long the business has been in town. Mr. Anderson said he has been in business for 28 years and moved to this site in 1992. When he moved onto the site, it was not in the best condition and they invested around $350,000 to FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 9 improve the site. There are more improvements they would like to make when finances are available. Councilmember Saefke asked what types of businesses are on site. Mr. Anderson answered commercial roofing, waterproofing, structure repair and concrete restoration. He said that most employees live north of the site and they commute to the site and then drive the equipment to the work site. There was talk to find a different location, south, but this would not be as convenient for the employees. Councilmember Saefke said he was willing to keep the public hearing open to January 2008. Councilmember Barnette asked if all tenants were related to the current business. Mr. Anderson said that there was a flooring contractor that mainly works with the food industry and they were independent of BDA Development. Councilmember Barnette asked if the tenants were willing to help out or if they were looking to relocate somewhere else. Mr. Anderson said that they would help construct the lean-to structure, which will allow more covered outdoor storage space. Councilmember Varichak asked if the tenants knew he was suffering from financial hardship. Mr. Anderson answered yes, they were all aware of the situation. Mayor Lund asked how the business that bought his business paid for it. Mr. Anderson said it was a stock for stock exchange with a two-year restriction, so the bank will not even use the stock as collateral. Mayor Lund said that this extension will be an opportunity for him to succeed but he has strong reservations allowing this extension. Mr. Anderson has legitimate excuses why he is not in compliance but clearly stated that by the end of the year he would only be 80 to 90% complete. By the January 7, 2008 Council Meeting he should be done or close to completion. He said Council is trying to give Mr. Anderson every consideration and prefers not to take court action. Councilmember Bolkcom asked staff to update Council in October and November on the progress of the site. MOTION by Councilmember Varichak to continue the public hearing on the consideration of Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co. to January 7, 2008. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Consideration of a Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statues, Section 463, Located within the City of Fridley, Minnesota. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:37 P.M. Scott Hickok, Community Development Director, stated that the property located at 1465 Gardena Avenue has a garage that staff has discovered is a hazardous structure. Determination was made that the concrete blocks are bowing out on two sides of the building, the south and the north side have substantial cracking, it appears that the roof is only partially there, the entire wooden plate top coat is rotted and there are rotten ceiling joists inside the structure. Mr. Hickok said that this resolution would set in motion the response time in the event the property owner did not take care of this hazardous structure. The property owner has come forward and presented a demolition permit and indicated that by the end of August the garage will be gone. The property owner plans to construct a new garage on the site by November 1, 2007. Mr. Hickok said there are three options the property owner can choose: Take care of the problem, set up a reasonable time with staff, or do nothing. The property owner has chosen the reasonable time frame option but they have done this without the resolution. If the resolution is passed this evening, it gives the property owner 20 days to respond. This will have a favorable outcome, the property owner will demolish the building with their own finances, and staff is satisfied with this option. Staff recommends holding the public hearing without acting on it as a hazardous building. Staff will bring this back to Council in September if the building has not been taken down. Staff is confident it will be taken down by the end of August. Councilmember Varichak asked why three extensions were granted on this property. Mr. Hickok said that the extent of the condition of the garage was not known in the early stages and the issues were related to outdoor storage problems. Staff visited the site and noted that the garage should be inspected. After an inspection, it was noted that the garage should come down. The owner was not responsive and staff said the City would tear down the garage. Last week the property owner came in and pulled a permit to tear down the garage. Mayor Lund asked if there was a chance the property owner would wait until the last minute and ask for an extension. Mr. Hickok said he did not think this would happen, as the owner wants this resolved. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 11 Councilmember Bolkcom asked if the garage was torn down by the end of August and they started building a new garage by November 1, if it could be completed by the end of November. Mr. Hickok answered yes. Councilmember Bolkcom asked if the public hearing should be continued to September rather than December in case the owner does not follow through as stated. If the public hearing is continued to December, they would be in the middle of winter and not able to complete the construction. Fritz Knaak, City Attorney, said that once the resolution is passed the owner has 20 days to respond, this starts the process to remove the garage and start the abatement process. If the public hearing were continued to a later date, it would start the 20 days at a later date. Councilmember Bolkcom recommended continuing the public hearing to September. This way if the garage was not down by August and the resolution was passed in September, action could be taken at that time. Councilmember Saefke asked if the building needed to be noted hazardous for safety reasons to keep people away and out of the building. Mr. Hickok answered that the building is in a fenced yard and guard dogs are in the fence to secure the site. Attorney Knaak confirmed that the City would not expose itself to additional liability by not securing the area. MOTION by Councilmember Varichak to continue the public hearing for the Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statues, Section 463, Located within the City of Fridley, Minnesota, to September 10, 2007. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9. Resolution Ordering Preliminary Plans, Specifications and Feasibility Report for Street Improvement Project No. ST. 2007-3 Layne Otteson, Assistant Public Works Director, presented information for Street Improvement Project No. ST. 2007-3 for the Quiet Zone. This would involve the railroad crossings at 77tn Avenue and Osborne Road. Federal law requires locomotive engineers to sound their horns upon approaching each road crossing. Federal rule states that the local jurisdiction can designate a quiet zone wherein the Federal Railroad Administration or its engineers cannot routinely sound their horns. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 12 Mr. Otteson said that the number of trains has doubled in 15 years to about 60 trains per day. The Northstar Commuter Rail will add 12 to 18 more trains per day once it gets up and running in 2009. The City has received complaints and requests to do something about the horns at the railroad crossings at 77th Avenue and at Osborne Road. Mr. Otteson said that in 2006, Director of Public Safety Don Abbot initiated the process of administering a quiet zone in the City of Fridley. This is the only area that is not quiet between Minneapolis and Anoka. Resolution 2006-52 was approved on August 28, 2006, by the Council. It authorizes staff to proceed with the process of the quiet zone in the City of Fridley. Discussions and site meetings took place with BNSF, Anoka County, MnDOT, and the Federal Railroad Administration. BNSF plans to add a third railroad line sometime in the near future and we will be preparing for that in our design. Mr. Otteson said that quiet zones require the implementation or the construction of supplemental station measures that would enhance the safety in the absence of train horns. There are four different options and it was determined that the most cost effect option was outlined in Resolution 2006-52. Mr. Otteson said preliminary approval has been received from the Federal Railroad Administration, MnDOT and BNSF for the raised median option. Anoka County Highway is the road authority for Osborne Road and is in favor of the raised median option. 77th Avenue is a City street. Mr. Otteson said that concrete bay medians will be installed along with signage and striping on both sides as you approach the railroad. Medians will be 80 to 100 feet in length, 4 feet wide and 6 to 8 inches high. There are restricted driveway entrances and they may need to be redesigned or relocated to accommodate access and crossing protection. Staff is currently working with three property owners whose access is affected by the median. Mr. Otteson said that the cost estimate is in the ballpark of $65,000, which will be funded from the MSAS account and general funds. The tentative time period is this summer or fall to look at the final plan and engineering, go to Anoka County for plan review and approval and submit the final plan to the affected agencies. In the fall, they hope to start constructing the quiet zone. There is a required notification and 60-day comment period following completion. Councilmember Saefke asked who would pay for the maintenance on the road being it is a County-owned street. Don Abbot, Public Safety Director, said that the County does not contribute any finances to the maintenance of this street. Councilmember Bolkcom asked if they were confident that all would be complete in the fall of this year. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 13 Mr. Otteson answered that the 60-day comment time would start after the construction of the quiet zone. The area can be inspected and people can physically look at the area and sign off on approval of the site. Councilmember Bolkcom was excited for this new quiet zone and that it was finally happening. Councilmember Barnette asked if Councilmember Bolkcom had any residents in her area that were against the quiet zone. Councilmember Bolkcom said that one resident used to work for the railroad and liked the sound of the horns. Another resident had safety issue concerns but it has been said that the quiet zone is actually safer than not having one. Councilmember Barnette asked if there would be issues with the businesses and redirecting traffic. Mr. Otteson said that they should be able to reroute the entries to the business so that it would be beneficial and work for the businesses. The businesses have been good to work with and open to ideas. Councilmember Barnette asked about a higher curb in the median and if there was an alternative to the multiple posts in the median. Mr. Otteson answered that anything higher than a 6" curb would be a safety hazard. Mayor Lund asked if there would be a hold up in the process if the businesses were not cooperative about rerouting their driveways. Chief Abbot said the businesses were excellent to work with and he did not think this would be an issue. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-34. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Approve Tower Site Agreement between the City of Fridley and T-Mobile Central, LLC, for the Installation of Cellular Antennas on the Marion Hills Water Tower (Ward 1). Councilmember Bolkcom asked how many antennas fit on the tower. Layne Otteson, Assistant Public Works Director, answered nine. More than nine antennas would require an engineering analysis. It is not recommended to fit more than nine. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 14 Councilmember Bolkcom asked if there were other towers similar to this one in the City. Mr. Otteson answered yes. Councilmember Bolkcom asked if there were any problems with other towers similar to this one. Scott Hickok, Community Development Director, answered no. Councilmember Bolkcom asked about the insurance statement mentioned in the agreement. Fritz Knaak, City Attorney, said that all insurances have a reciprocal insurance policy. Tenants would be covered for a loss under the City insurance. A reciprocal is key from the City due to damage that could occur to City property. Councilmember Bolkcom asked if the City would be liable for damage. Attorney Knaak said the primary concern would be the ease of a consistent source primarily in consideration of damage to City facilities. Councilmember Bolkcom asked about the 65 feet of concrete sidewalk and who would be responsible for maintenance of the sidewalk. Mr. Otteson said that the City would not plow or maintain the sidewalk T-Mobile would be responsible for this. Attorney Knaak said that this would be the responsibility of the tenant. Councilmember Bolkcom asked if T-Mobile would be installing a fence. Mr. Otteson said that no fence is planned at this time but this would give them permission to install one in the future if needed. Mr. Hickok said that this is permissive language consistent with other contracts and allows them to put a fence up if they would like. Councilmember Saefke asked if the address should be changed. Attorney Knaak said that the only thing that matters on the contract is the legal description of the property. Councilmember Saefke asked about the site plan and the location of the sidewalk. He was concerned where the snow would be stored when the lot is plowed. Mr. Otteson said that the snow plow operators would be aware of the sidewalk and it would be T-mobile's responsibility to maintain, shovel and/or fix the sidewalk. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 15 Councilmember Saefke asked if any of the antennas would interfere with the Fridley data system. Mr. Otteson was not sure and would check and get back to the Council. Mr. Hickok said he was involved with the original discussion and the antennas are run on different band widths so the communication systems should not conflict with each other. Councilmember Saefke asked if staff had been in contact with the Water Department personnel. Mr. Hickok answered that at the time of the telecom act in 1996 and a City telecom moratorium and study in 1997, the Water Department helped determine sites that would be best suited for antennas. Councilmember Saefke asked if they met with all departments before the plans were drawn up to discuss any problems and collect pertinent information as to the best location of things such as the irrigation system. Mr. Otteson answered that the Public Works Department was involved and he would check with the Water Supervisor and can make adjustments to the plan as needed. Councilmember Bolkcom suggested tabling the lease agreement because a lot of important questions have come up that should be discussed further. Mayor Lund stated that the questions that were brought up would not change the terms of the lease. He said he would agree with the lease as long as Councilmember Saefke's questions were answered. Councilmember Barnette asked if there was a different location for the sidewalk and the purpose of the sidewalk. Councilmember Saefke said that the lot would be difficult to plow if the snow needed to be stored somewhere else. If there was an emergency to get in there and snow was in the way, it could be a problem. Councilmember Barnette stated that the sidewalk plowing of the snow would be T-Mobile's responsibility. Mr. Otteson said the sidewalk would be treated like the access to a driveway, and it would be T-Mobile's responsibility to move the snow. Councilmember Saefke asked if the building would fit inside the fence line or if it would go outside the fence. Mr. Otteson said the terminal is planned for inside the fence, but the City could consider keeping it outside the fenced area. These options could be discussed with T-Mobile. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 16 Mayor Lund said he would be opposed to having the terminal inside of the fence and that it was important to secure public properties. William Burns, City Manager, went over the concerns of Council. The issues were the data system conflicting with Fridley's system, access to the building because of the snow, relocation of the sidewalk and issues with the Water Department. Councilmember Bolkcom said she did not see any urgency in this matter and that it could wait until the August 13 City Council meeting. MOTION by Councilmember Bolkcom to table approval of the Tower Site Agreement between the City of Fridley and T-Mobile Central, LLC, for the installation of Cellular Antennas on the Marion Hills Water Tower until August 13, 2007. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 10. Informal Status Report. Councilmember Bolkcom said that National Night Out would be held on August 7, 2007. Dr. Burns stated that the City Newsletter went to the printer and should be arriving in the mailboxes the first week in August. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 9:50 P.M. Respectfully submitted by, Krista J. Monsrud Scott J. Lund Recording Secretary Mayor � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2��7 August 9, 2007 William W. Burns, City Manager Scott J. Hickok, Community Development Director SECOND READING OF ORDINANCE AMENDMENTS Chapter 206, Regarding Electrical Inspection Fees and Water and Sewer Hydrants, Water Usage at Hydrants, and Tanker Filling -and- Adoption of the 2007 Minnesota State Building Code INTRODUCTION On July 23, 2007, Council approved the first reading of an ordinance addressing three specific Code Sections. The purpose of this memo is to reiterate the necessity of making minor adjustments in our fee schedule with regard to electrical inspection fees and certain hydrant and water use fees. Since we are modifying fees and Building Code related items, staff also suggested that we take this opportunity to adopt the 2007 State Building Code as well. INSPECTION FEES As you may recall the city of Fridley contracts for the inspection of electrical services through the service of Bob Clausen, State Electrical Inspector. As such, the City collects a percentage of the fee for administration and our inspector, Bob Clausen collects the remainder of the fee for his services. Bob inspects for numerous cities, not just Fridley. In 2007, the State fee schedule for residential electrical inspection was modified. As a result, staff recommends that the electrical fee schedule in Fridley be adjusted to remain consistent with the state and surrounding communities. For your convenience, the proposed fee schedule has been attached to this report. Examples of the change include a minimum residential fee that currently is $20.00 for ] inspection and $40.00 (if a second inspection is required). Now the fee will be $35 for each trip to inspect that system installation. For a new service or change of service; the Fees and Building Code August 9, 2007 PAGE 2 fee had been $30.00 for 0-200 ampres and $8 for each additional 10 ampere or fraction thereof. Now the fee will be $100 for up to 30 feeders. RECOMMENDATION Costs have been adjusted to reflect real costs of administration of this inspection process. Staff recommends approval of the second reading of the attached ordinance. WATER AND SEWER FEES FOR HYDRANT USE These fees are not to be confused with your utility rates that have been of great debate recently. These fees are for water usage during construction. A contractor typically is charged $50.00 for the use of a hydrant. A meter is attached to track water used and the fee for water sold in this manner has been $1.25/1000 gallons used. The proposed staff amendment would place the rate at $1.30/1000 gallons used, which more directly reflects the cost of the water used. A$20 minimum water use fee would now also replace a$10 minimum that now exists in the Code for use of water from a hydrant. Also suggested, a $20 per tanker fill would also replace a$10 per tanker fill rate that now e�sts in Code. Finally, the language for water taps (in this fee section of the Code) would now be replaced with a note saying, See Engineering. Rather than state a$400 per square foot of area to be restored, Engineering would prefer to have that cost relate to the real (ever- fluctuating costs) of street patching as they experience in their contracts during the same period where patch work is being proposed by sewer and water repair contractor. RECOMMENDATION Staff recommends approval of the second reading of the attached ordinance. ADOPTION OF THE STATE BUILDING CODE AND ITS APPENDICES On July 10, 2007 the State of Minnesota adopted its 2007 State Building Code. In turn, they have given cities 90 — days to adopt the Code in their cities. Building Official, Ron Julkowski has indicated that all plans submitted after July 10, 2007 must be designed and reviewed using this 2007 Code. To eliminate delay and implement the Code within the timeframe given, staff recommends adoption of the 2007 State Building Code and its Required Enforcement Chapters. In speaking with his colleagues throughout the metropolitan area, the norm for cities appears to be that they will be adopting the Code and Required Enforcement Chapters, even though some of those chapters are not ready to be adopted at the State level until October. Since we will be required to adopt those chapters then, it would require several separate ordinances for local adoption, Therefore, staff is recommending that we simply (generically) adopt the 2007 State Building Code. As the State approves the necessary chapters that are left to be approved, this approval by Fees and Building Code August 9, 2007 PAGE 3 the City of Fridley will automatically incorporate those later chapter amendments into the 2007 State Code that you have adopted. RECOMMENDATION Staff recommends approval of the second reading of the ordinance adopting the 2007 State Building Code. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 206. BUILDING CODE ADOPTING THE 2007 MINNESOTA STATE BUILDING CODE AND AMENDING PERMIT FEES THE CITY COUNCIL DOES HEREBY ORDAIN THAT CHAPTER 206 OF THE FRIDLEY CITY CODE IS HEREBY AMENDED AS FOLLOWS: 206. BUILDING CODE SECTION 1. That Section 206.01 be hereby amended as follows: 206.01. BUILDING CODE 1. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 through 16B.75, one copy of which is on file in the office of the City Clerk of Fridley, Minnesota, is hereby adopted by reference as the Building Code of the City of Fridley and incorporated in this Chapter as completely as if set out here in full. 2. The following chapters of the Minnesota State Building Code including the following chapters of Minnesota Rules are adopted by the City: A. Chapter 1300 — Administration of the Minnesota Building Code. B. Chapter 1301 - Building Official Certification. C. Chapter 1302 - State Building Construction Approvals. D. Chapter 1303 — Minnesota Provisions ofthe State Buildin� Code. E. Chapter 1305 - Adoption ofthe �999 2006 International Building Code F. Chapter 1306 - Special Fire Protection Systems (Ord 1159) Section 1306.0020. Municipal Option, Subp. 3; and E.1 G. Chapter 1307 - Elevators and Related Devices H. Chapter 1309 — Adoption ofthe �999 2006 International Residential Code; L Chapter 1311 — Adoption of the �999 Guidelines for the Rehabilitation of Existing Buildings; J. Chapter 1315 — Adoption of the �999 2005 National Electrical Code K Chapter 1325 - Solar Energy Systems L Chapter 1330 - Fallout Shelters M Chapter 1335 - Floodproofing Regulations N. Chapter 1341— Minnesota Accessibility Code O. Chapter 1346 —Adoption of the Minnesota State Mechanical Code P. Chapter 1350 - Manufactured Homes Q. Chapter 1360 - Prefabricated Buildings R. Chapter 1361 - Industrialized/Modular Building Ordinance No. Chapter 1370 - Storm Shelters T. Chapter 4715 - Minnesota Plumbing Code U. Chapters 7670, 7672, 7674, 7676 and 7678 - Minnesota Energy Code SECTION 2. That Section 206.03 be hereby amended as follows: 206.03. PERMITS AND FEES The fee schedules shall be as follows: A. Plan Review Fees B. Building Permit Fees. C. Plumbing Permit Fees D. Mechanical Permit Fees E. Electrical Permit Fees. � ��a�-��-e��os Page 2 n�i oio,.+,;,..,i „�t�e�os o ,a„o ,,,a �� +�,o r;+. „� �,;,aio. ,-�ro �?��e�c�e� �oo� ��,.,ii i.o �.,;,a ., ,,,-,a;r,. +„ +�,o � ii,,.r ;r �,.�,o,a„io. ��4�e€� .. „ � �� „ � �� .. •� , „ �� „ � �� vsssra�s�ser:s�� .r�er:r:eer.�s � . �� z�res:r:se*sr�r�er:r:ser.�s . . �rsrs�srtseers:ss.re�:��rs.r.��r � �� Ordinance No. Page 3 „ � �� r r v �� Y � � � • � !T�! � � � !T�ElF !f . � �. •� Y � �� llGll T„ .,.a.a;+;.,,, +.,+l,o .,1,.,. o F o�• � �� I• I. . � � � . • � � � �� ! .fR�!!�!!lY�R�S9.�.l.l�T�ES � �� . •� Ordinance No. Page 4 eer.�eeer.�:s�s�:sieeeeerr�sr.�sseeer�rsse� � .� ._ � _ . � �� i- . •� . �� i• - - - - . � �� . �� • �� .. �. �� r �� . . .. �� 1 � GL'L'!lFP.e� e�lsZf f Es�:e�l�i�lf �ei!�� G�S1�ST�rSf �� . Ordinance No. Page 5 Rs�:s�es�ssr�es�:��ss:eeeti�e�ss . .eeess�e�:seser�ss:e�rs.��s . � �ree�seeee�raeer.�� ee*szsres:rae*:��.�� raeer.�seRSZSres��rss r � � Property Owner Electrical Inspection Fees New Home or Associated Sriucture New Dwelling Service/Power Su�ply 0-400 ampere $35 401-800 ampere $60 New Dwelling Feeders/Circuits Up to 30 Feeders/Circuits $100 More than 30 Feeders/Circuits or up to 200(in addition to the above) $6 each Detached Garage or Other Associated Structure New Service/Power Supply 0-400 ampere $35 New Feeders/Circuits $6 each Total (the fee calculated above or $35 mulriplied bv the number of required inspection trips, whichever is eater Existin Home/Structure Remodel or Addition New Service/Power Subblv 0-400 ampere $35 401-800 ampere $60 Ub to 15 Feeders/Circuits $6 Each New Feeders/Circuits 16-30 Feeders/Circuits $100 More than 30 Feeders/Circuits up to 200 $6 Each Reconnected Feeders/Circuits Feeders/Circuits $2 Each Existin Detached Gara e or other Associate Structure New Service/Power Subblv 0-400 ampere $35 New Feeders/Circuits $6 Each Reconnected Feeders/Circuits $2 Each Total (the fee calculated above or $35 mulriplied bv the number of required inspection trips, whichever is eater (2) Contractor Electrical Inspection Fee for Sin�le Family Dwellin�/Associated Structure New Home or Associated Sriucture New Dwelling Service/Power Su�ply 0-400 ampere $35 401-800 ampere $60 New Dwelling Feeders/Circuits Up to 30 Feeders/Circuits $100 More than 30 up to 200 (in addirion to the above) $6 each Detached Gara e or Other Associated Structure New Service/Power Subblv 0-400 ampere $35 New Feeders/Circuits $6 each Total (the fee calculated above or $35 mulriplied bX the number of required inspection trips, whichever is eater Ordinance No. Page 6 Existin Home/Structure Remodel or Addition New Service/Power Subblv 0-400 ampere $35 401-800 ampere $60 New Feeders/Circuits Ub to 15 Feeders/Circuits $6 Each 16-30 Feeders/Circuits $100 More than 30 Feeders/Circuits up to 200 $6 Each Reconnected Feeders/Circuits Feeders/Circuits $2 Each Existing Detached Garage or other Associate Structure New Service/Power Supply 0-400 ampere $35 New Feeders/Circuits $6 Each Reconnected Feeders/Circuits $2 Each Total (the fee calculated above or $35 mulriplied bv the number of required inspection trips, whichever is eater (3) Contractor Electrical Inspection Fee for Multi-Family Dwellin�/Commercial Structure Service/Power Supply 0-400 ampere $35 401-800 ampere $60 Above 800 am ere $100 Feeders/Circuits Up to 200 A$6 Each Above 200 A $15 Each Reconnected Feeders/Circuits $2 Each Manufactured Home Park Lot Su 1 $35 Each Recrearional Vehicle Site Su 1 E ui ment $6 Each (for circuits ori 'narin in the E ui ment) Street, Parkin Lot, Li htin Standard $5 Each Transformers Up to 10 kva $15 Each Over 10 kva $30 Each Electric Signs and Outline Lighring Transformer/power supply $5 Each Technology System Devices 75¢ Each Separate Bonding Inspecrions for Swiiiiiiiing $35 Each Pools and Equipotenrial Planes Center Pivot Irrigarion Booms $35 Each Electrical Drive Unit $5 Each Luminaire Retrofit Modificarions 25¢ Each Concrete-Encased Electrode Inspecrion $35 Each Invesrigarive Fee $70 OR Total inspecrion fee, whichever is greater up to $1,000 Special Inspection fee $80 Per Hour Plus the number of miles at the current IRS mileage rate Over 600 Volts Add the combined service/power supply and feeder/circuit fee to result in double the regular fee (does not a 1 to electric si and outline li htin ) New Multi-Family Dwellings - Up to 20 $70 Each Feeders/Circuits Above 20 allowed er unit $6 Each Total The fee calculated above or $35 mulriplied by the number of required inspection trips, whichever is eater) Ordinance No. F G Moving of Dwelling or Building Fee. Wrecking Permit Fee. H. Water and Sewer Fees. (Re£ 901) Page 7 Hydrant Rental Agreement - Service Charge ........................................................................... $50.00 (for use of hydrant only - City does not supply hose) Water Usage Metered . ................................................................... $1.30 �5/1,000 gallons used Minimum ..............................................................................................$20.00 �9-99 Tanker .................................................................................................. $20.00 �9-99 per fill Water Taps ,,,,,, Qn nn nn ��„� ,.,,�+ �o o�„+ �,-+�,o ., o., +„ �.o ,-o�+,,,-o,a See En�ineerin�. Permanent Street Patch — First5 sq. yds ........................................................................................................ $300.00 Over5 sq. yds ........................................................................................ $30.00 per sq.yd. Temporary Street Patch (Nov. 1 through May 1) First5 sq. yd ..................................................... Over5 sq. yd . ................................................... per sq. yd. plus cost of permanent street patch Water Meter Repair - Weekend & Holidays .............................. Water Connections Permit .......................................................... Sewer Connections Permit .......................................................... Inspection Fee for Water/Sewer Line Repair ............................. $400.00 .. $40.00 $125.00 .. $50.00 .. $50.00 .. $40.00 PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF 2007. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Publication: � � CffY OF FRIDLEY DATE: TO FROM: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2��7 August 9, 2007 William W. Burns, City Manager Scott J. Hickok, Community Development Director SUBJECT: APPROVAL OF A SUNINIARY ORDINANCE for Chapter 206, Regarding Electrical Inspection Fees and Water and Sewer Hydrants, Water Usage at Hydrants, and Tanker Filling -and- Adoption of the 2007 Minnesota State Buildin� Code INTRODUCTION On July 23, 2007, Council approved the first reading of an ordinance addressing three specific Code Sections. Council has before them this evening the second reading of an ordinance with these changes. As with all lengthy ordinance amendments, staff recommends a summary ordinance for publication. Attached please find a summary ordinance covering the changes highlighted above. RECOMMENDATION Staff recommends approval of the summary ordinance as presented. I. Title II. III. ORDINANCE NO. OFFICIAL TITLE AND SUMMARY AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 206, ENTITLED "BUII,DING CODE", BY AMENDING SECTIONS 206.012 and 206.03.3 Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 206 of the city code of the City of Fridley, Minnesota, entitled "Building Code" is hereby amended to adopt by reference the 2007 Minnesota State Building Code, the International Building Code, the National Electrical Code, Minnesota State Rules, and certain state amended rules and appendices. The ordinance also adopts the state recommended schedule of fees for building permits, electrical permits, moving permits, wrecking permits, investigation and inspection fees. Water and sewer fees and land alteration permit plan check fees are also increased. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Building Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the city clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 13TH DAY OF AUGUST, 2007. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK First Reading: July 23, 2007 Second Reading: August 13, 2007 Publication: August 23, 2007 � � CffY OF FRIDLEIf TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 William W. Burns, City Manager Layne Otteson, Assistant Public Works Director August 13, 2007 T-Mobile Antenna Lease for Marion Hills Water Tower I,�JL�rQiLL! On July 23, 2007, City Council tabled a proposal for a lease agreement with T-Mobile at the Marion Hills Water Tower. That proposal was tabled by the City Council to allow for additional information to be presented at the following City Council meeting (August 13, 2007). The following is information that will hopefully answer the various questions asked by the Council. I met with the Fridley water supervisor Kory Jorgenson on site at the Marion Hills Water Tower. He reviewed the plans and walked the site with me. Conflicts with City wires and pipes appear minimal. T-Mobile is responsible to install around ourfacilities or pay relocation costs if approved by the City. Mr. Jorgenson's only comment was to have them run their cables up the existing coaxial cover that was installed when the tower was constructed. He preferred the proposed location of the building and sidewalk. The proposed sidewalk and building is located on level ground adjacent to the fence. A Council member raised a concern with possible interference with the City's SCADA system. Within Section 26 of the contract, there is language that requires T-Mobile to not interfere with City communication systems in any manner whatsoever. There are two possible interference scenarios as described by the City's SCADA consultant, Automatic Systems. The first is using the same frequency (band width). T-Mobile is in the high band width of 1700 GHz and the SCADA system uses the low band width of 952 GHz bandwidth, so there is no conflict. The second scenario pertains to the line of sight from the tower's SCADA antenna to the Commons Filter Plant antenna. Automatic Systems reported that no interference would be expected by T-Mobile. If there is any interference, T-Mobile will identify the problem and correct it. T-Mobile has agreed to install their antennas prior to any infrastructure improvements such as sidewalk or building. The City can then verify that SCADA is functioning properly. This will insure that the site is workable and prevent the installation of unusable infrastructure. The address of the property is 5298 Johnson Street as verified with the Assessing Department. The Johnson Street right of way was not vacated as indicated by Anoka County records. After review of the proposed Lease Agreement, the name of the tower site was changed to "Marion Hills Water Tower" rather than Johnson Street Water Tower. After review of the proposed construction plans, the sidewalk will be extended easterly across the curb line of the Johnson Street access. A surmountable concrete curb will be installed in place of the existing 6" high barrier curb. This will allow the City snowplow to push up onto and beyond the T-Mobile sidewalk. The City will not be responsible for any damage to the sidewalk. The proposed surmountable curb will actually make snowplowing more efficient. Recommend the City Council approve the revised Lease Agreement between the City of Fridley and T-Mobile. LRO Attachment ANTENNA SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY, MINNESOTA AND T-Mobile Central, LLC . � TOWER SITE LEASE AGREEMENT THIS TOWER SITE LEASE AGREEMENT ("Lease") is made and entered into as of the day of , 200_, by and between the City of Fridley, a Minnesota municipal corporation ("Landlord"), and T-Mobile Central, LLC ("Tenant"). 0 AGREEMENTS 1. PREMISES Landlord owns certain property legally described on E�chibit "A" ("Property"), and the Marion Hills Water Tower (the "Water Tower") located thereon. Subject to the terms and conditions specified in this Lease, Landlord leases to Tenant, and Tenant leases from Landlord, the portion of the Property legally described on Exhibit "B" , and the space on the Water Tower depicted on Exhii�it "F" (collectively, the "Premises") . Landlord also grants Tenant the access Easement and Utility Easement described in Section 5 of this Lease on, over, under and upon the Property and adjacent land of Landlord. 2. USE The Premises will be used for the purpose of installing, constructing, maintaining, repairing, operating, altering, inspecting, expanding, adding to and removing Tenant's - communications equipment, including, but not limited to the following: 2.1 Any and all antenna(s), dish(es) and/or grids as Tenant may deem appropriate. � 2.2 . Transmission lines and mounting and grounding hardware 2.3 A concrete pad and a communications shelter ("Communication Shelter") containing, without limitation, telecommunications equipment consisting of base station(s), wireless communication equipment, switch(es), power supply(ies), battery(ies), and accessories. 2.4 An emergency generator to be located, at tenant's option, within the Communication Shelter, adjacent to the Communications Shelter or within a separate shelter adjacent to the Communications Shelter. The fuel tank �for the generator (gasoline, diesel, butane, propane, LPG or other) may be located either inside or outside the shelter(s), in accordance with applicable building codes. For the purpos� of this Lease, all of Tenant's equipment, antennas, dishes, lines, switches, power supplies, batteries, Communications Shelter, generator, generator shelter, � accessories, and the necessary appurtenances will be referred to herein collectively as the "Communications Facility". 1� 0 The above-described concrete pad, Communications Shelter, equipment contained therein, generator, and lines and equipment may be installed by Tenant or by any of Tenant's agents or contractors. Tenant has the right to make alterations to the Communications Facility from time to time as Tenant determines to be necessary or desirable. Except for the Communications Facility, Tenant shall not make any alterations or modifications to Landlord's Water Tower at any time or under any circumstances. The installation of any addition to the Communications Facility, or other equipment or property owned by Tenant that is intended to be located on the Premises, shall not occur without the prior notice to and approval of the Landlord, which shall not be unreasonably withheld, conditioned or delayed without reasonable cause sta.ted to the Tenant in writing. 3.1. Primary Term. 3. TERM The primary term ("Primary Term") of this Lease will be for five years (5) years, commencing on the date that Tenant begins construction on the Premises ("Commencement Date") and will terminate at 11:59 p.m. on the date immediately preceding the fifth anniversary of the Commencement Date, unless sooner terminated as provided herein. Notwithstanding anything to the contrary in the Lease, neither the Primary Term nor Tenant's obligation to pay rent will commence unless and until Tenant begins construction on the Premises, provided, however, that if Tenant does not begin construction by January l, 2008, this Lease will � terminate, be null and void and of no further force or effect, and neither party will have any further rights, duties or liabilities under this Lease. 3.2. Extended Term Tenant is granted the option to extend the Primary term of this Lease for four (4) additional periods of five (5) years each ("Extended Term"), provided Tenant is not then in default under this Lease. Each of Tenant's options to extend will be deemed automatically exercised without any action by either party unless Tenant gives written notice of its decision not to exercise any option(s) to Landlord before expiration of the then current term. 4. RENT Tenant agrees to pay rent to Landlord monthly in advance beginning on the Commencement date an amount equal to one thousand seven hundred fifty dollars ($1,750.00) for attaching up to nine (9) antennas and eighteen (18) lines of coaxial cable to the Water Tower and one hundred twenty-five dollars ($125) for attaching each additional antenna (with two (2) lines of co�ial cable per additional antenna) to the Water Tower, which base amount will be increased annually by an amount equal to the increase in the Consumer Price Index (CPI), but by no less than two percent (2%) and no more than five percent (5%). The CPI shall mean the "Consumer Price Index" for All Urban consumers, All Cities, All Items (1984=100%), as published by the United States Department of Labor statistics, or if such index shall e discontinued, the successor index as mutually agreed upon by the parties. To 1�7 determine the annual renta'1 increase to be paid by Tenant under the CPI adjuster, the annualized rental for previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent. Rent will be paid to Landlord at its address designated in Section 8. 5. ACCESS AND UTILITIES Subject to prior review and approval by Landlord of drafted plans or designs for access over any such lands, rights-of-way or easements, which approval shall not be unreasonably delayed, conditioned or withheld, Landlord grants to Tenant, for use by Tenant, its employees, agents contractors and by utility companies, an easement and license over, under, upon and across the Property and adjoining lands of Landlord, and rights-of-way or easements owned or leased by Landlord, on a twenty-four (24) hour daily basis, for (i) ingress and egress to and from the Premises and the Communications Facility (the "Access Easement"), and (ii) the installation, operation and maintenance of necessary utilities for the Premises and the Communications Facility (the "Utility Easement"). If reasonable in Tenant's opinion, such Access Easement and Utility Easement will be over and lie within existing roads, parking lots and/or roads hereafter esta.blished by Tenant. Tenant may improve the Access Easement by grading, graveling and/or paving. The Access Easement, to the extent further identified, is more particularly described on Exhibit "C", and the Utility Easement, to the extent further identified and not lying within the Access Easement, is more particularly described on Exhibit "D". Tenant will notify Landlord of any change in the particulax location of any Access Easement or Utility easement, if such differs from the descriptions on E�ibit "C"and "D" hereto. 6. UTILITIES Tenant will be solely responsible for and promptly pay all charges for gas, electricity, telephone service, or any other utility used or consumed by Tenant on the Premises. If necessary, Tenant will have a meter installed at the Premises for Tenant's utility use, and the cost of such meter and of installation, maintenance, and repair thereof will be paid for by Tenant. Tenant may install or improve existing utilities servicing the Communications Facility and may install an electrical grounding system or improve any existing electrical grounding system to provide the greatest possible protection from lightning damage to the Communications Facility. Landlord will reasonably cooperate with Tenant's efforts to improve existing utilities on the Property, and Landlord will execute any easement, right-of-way, or similar agreement that Tenant or a utility service provider may reasonably request for any such purposes. 7. HOLDING OVER �`: If Tenant holds possession of the Premises or any portion thereof after the date upon which the Premises are to be surrendered, Tenant will become a tenant on a month-to-month basis upon all the terms, covenants, and conditions of this Lease except those pertaining to the Lease term and, during any such month-to-month tenancy, Tenant will pay monthly rent as per Section 4. Tenant will continue occupying the Premises from month-to-month until terminated by Landlord or Tenant by the giving of thirty (30) days' prior written notice to the other. 8. NOTICE All notices or demands are deemed to have been given or made when delivered in person or mailed by certified, registered, or express mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows: Landlord: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attention: City Manager Phone #: 763-572-3506 Fax #: 763-571-1287 Notice for access to the Water Tower for maintenance or repairs shall be made to the Fridley Public Works Department at 763-572-3566 Monday through Friday 7:00 AM to 3:30 PM or to Anoka County Dispatch at 763-427-1212 for emergency after hours access. Tenant: T-Mobile Central, LLC 8550 W. Bryn Mawr Avenue, Suite 100 Chicago, IL 60631 ATTN: Lease Administration and Legal Department with a copy to:T-Mobile Central, LLC 12920 SE 38`h Street Bellevue, WA 98006 ATTN: PCS Lease Administration A party may change its address to which any notice or demand may be given by written notice thereof to the other party. 9. LIABILITY AND INDEMNITY Tenant agrees to indemnify and save the Landlord harmless from all claims (including costs and expenses of defending against such claims) arising from any breach of this Lease by tenant, or any negligent act, negligent omission or intentional tort of Tenant or Tenant's agents, �� employees, contractors, invitees or licensees occurring during the term of this Lease in or about the Premises. Landlord agrees to indemnify and save Tenant harmless from a11 claims (including costs or expenses of defending against such claims) arising from any breach of this Lease by Landlord, or any negligent act, negligent omission or intentional tort of Landlord or Landlord's agents, employees, contractors, invitees, licensees. The provisions of this Section 9 will survive the termination of this Lease. 10. TERMINATION 10.1. In addition to the right to terminate granted in Section 11 of this Lease, Tenant has the right to terminate this Lease at any time upon any of the following events: 10.1.1. Upon providing Landlord ninety (90) days prior written notice; or 10.1.1. If the approval of any agency, board, court, or other governmental authority necessary for the construction andlor operation of the Communications Facility cannot be obtained, or is revoked, or if Tenant determines the cost of obtaining such approval is prohibitive; or 10.1.3. If Tenant determines that the Premises are not appropriate for locating the Communications Facility for technological reasons, including, but not limited to, signal interference. 10.2. Tenant will give Landlord thirty (30) days written notice of termination of this Lease under the terms of section 10.1.1. and 10.1.3. above. Upon termination, neither party will owe any further obligations under this Lease except for the indemnities and hold harmless provisions in this Lease, the provisions of Section 20 of this Lease, the prompt reimbursement of pro-rata prepaid rent and Tenant's responsibility for removing all of the Communications Facility from the Premises and restoring the Premises to its condition as of the commencement date of this Lease, as near as practicable (save and except the portion — if any - of the concrete pad below the Communications Shelter below three (3) feet below grade, any underground utilities and, normal wear and tear). 1L DEFAULT If Tenant fails to comply with any material provision of this Lease, including, without limitation, failure to maintain the Premises and the Communications Facility in a manner consistent with public health and safety or causing or permitting a nuisance on the Premises, and such failure is not cured within thirty (30) days after receipt of written notice thereof from Landlord, Landlord may, at its option, terminate this Lease without affecting its right to sue for al past due rentals and any other damages to which Laridlord may be entitled. If any such default cannot reasonably be cured within thirty (30) days, Tenant will not be deemed to be in default under this Lease if Tenant commences curing such default within the thirty (30) day period and thereafter diligently pursues such cure to completion. If Landlord is entitled to collect damages or otherwise remedy such default, and if Landlord seeks enforcement of its rights through an �� attorney or other legal procedures, Landlord is entitles to collect, in addition to any other amounts owed, is reasonable costs and attorneys' fees thereby incurred: If Landlord fails to comply with any material provision of this Lease, and such failure is not cured within thirty (30) days after receipt of written notice thereof from Tenant, Tenant may, at its option, cure the failure at Landlord's expense (which expense may, at Tenant's option, be deducted from tent) or terminate this Lease without affecting its right to demand, sue for, and collect all of its damages arising out of Landlord's failure to comply. If any such default cannot reasonably be cured within thirty (30) days, Landlord will not be deemed to be in default under this Lease if Landlord commences curing such default within the thirty (30) day period and thereafter diligently pursues such cure to completion. If Tenant is entitled to collect damages or otherwise remedy said default, and if Tenant seeks enforcement of its rights through an attorney or other legal procedures, Tenant is entitled to collect, in addition to any other amounts owed, its reasonable costs and attorneys' fees thereby incurred. The rights and remedies stated in this Lease are not exclusive and the parties, in the event of a breach of this Lease or a dispute, are entitled to pursue any of the remedies provided in this Lease, by law, or by equity. No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Lease will operate as a waiver of any of the rights provided hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of any subsequent default, and no express waiver will affect any term or condition other than the one specified in such waiver and the express waiver will apply only for the time and manner specifically stated. 12. TAXES Unless separately billed to tenant by a taxing authority, Tenant will pay annually to Landlord an amount equal to any increase in real estate taxes attributable to any improvement to the Premises made by Tenant. Tenant will pay to Landlord Tenant's share of any such tax within sixty (60) days of receipt of sufficient documentation indicating calculation of Tenant's share and payment of the real estate taxes by Landlord. Landlord must pay annually when due all real estate taxes and assessments attributable to the Premises, the Access Easement, the Utility Easement, and the tax lot(s) of which they are a part. Upon written request by Tenant, Landlord will furnish evidence of payment of such assessments and taxes. 13. INSURANCE 13.1. Required Insurance of Tenant Tenant must, during the term of this Lease and at Tenant's sole expense, obtain and keep in force, not less than the following insurance: � 13.1.1. Property insurance, including coverage for fire, extended coverage, vandalism and malicious mischief, upon the Communications Facility in an amount not less than ninety percent (90%) of the full replacement cost of the Communications Facility (excluding, however, the Water Tower); 13.1.2. Commercial General Liability insuring operations hazard, independent contractor hazard, contractual liability, and products and completed operations liability, in limits not less than $5,000,000 (some or all of which may be provided under an excess or umbrella liability policy maintained by Tenant) combined single limit for each occurrence for bodily injury, personal injury and property damage liability, naming Landlord as an additional insured; and 13.1.3. Workers' Compensation and Employer's Liability insurance. 13.2. Required Insurance of Landlord Landlord must, during the term of this Lease and at Landlord's sole expense, obtain and keep in force, the following insurance: 13.2.1. Property insurarice, including coverage for fire, extended coverage, vandalism and malicious mischief on the site, in an amount not less than 90% of the full replacement cost of the Site (excluding, however, the Communications Facility); and 13.2.2. Commercial General Liability insuring operations hazard, independent contractor hazard, contractual liability and products and completed operations liability,, in limits not less than $1,000,000 eombined single limit for each occurrence for bodily injury and property damage liability, naming Tenant as an additional insured. 13.3. Policies of Insurance Tenant's required insurance policies must be taken out with reputable national insurers that are licensed to do business in the jurisdiction where the Premises are located. Landlord's required insurance policies must be taken out with the League of Minnesota Cities Insurance Trust. Each party will deliver certificates of insurance to the other party upon request. All policies must contain an undertaking by the insurers to notify the other party in writing not iess than fifteen (15) days before any material change, reduction in coverage, cancellation, or termination of the insurance. 14. (RESERVED) 15. FIXTURES Landlord covenants and agrees that no part of the improvements installed, constructed, erected or placed by Tenant on the Premises or other real property owned by Landlord will be or become, or be considered as being, affixed to or a part of Landlord's real property; and any and all such provisions and principles of law to the contrary notwithstanding, it is the specific 0 intention of Landlord to covenant and agree hereby that all personal property and improvements of every kind and nature installed, constxucted, erected, or placed by Tenant on the Premises, or other real property owned or leased by Landlord, will be and remain the property of Tenant despite any default or termination of this Lease and may be removed by Tenant any time in Tenant's discretion provided that Tenant at its expense restores the Premises pursuant to Section 10.2. 16. MEMORANDUM OF AGREEMENT After preparation of the legal descriptions of the Premises, Access Easement and Utility Easement, each party, at the request of the other, will sign a Memorandum of Lease and easements. Tenant, at its sole expense, may record the Memorandum of Lease and Easements in the land records of the recording office(s) responsible for notice purposes. ' 17. ASSIGNMENT AND SUBLETTING BY TENANT Tenant shall have the right to sublease or assign its rights under this Lease by giving notice to Landlord in the manner described in Section 8. 18. PERMITS Landlord acknowledges that Tenant will be contacting the appropriate local governmental agencies for the purposes of obtaining all building permits and approvals, zoning changes and/or approvals, variances, use permits, and other governmental permits and approvals (collectively, "Permits") necessary for the installation, construction, operation and maintenance of the Communications Facility. Landlord agrees to fully cooperate with tenant in obtaining the Permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificates or other documents that may be required in connection with the Permits. 19. DEBT SECURITY Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of trust or security deed, assign, create a security interest in, or otherwise execute and delivery any and all instruments for the purpose of securing bona fide indebtedness any or all of Tenant's interest in this Lease, or any part thereof, and any and all of Tenant's right, title, and interest in and to any and all of the Communications Facility. Promptly on Tenant's or Tenant's lender's request, Landlord shall execute and deliver, and shall assist in facilitating the execution and delivery of, all documents requested by any of Tenant's lenders including but not limited to waivers of Landlord's right to levy or distrain upon for rent any of tenant's property given as security for a debt, consents that none of the Communications Facility shall become fixtures, consents to ' "�� giving notice to Tenant's lender(s) in the event of tenant's default under the provisions of this Lease, consents to tenant's assignment to any lender(s) of any and all of tenant's interest in or to this Lease and the Communications Facility and nondisturbance agreements from Landlord and Landlord's lenders. Tenant shall reimburse Landlord for any reasonable costs incurred in the execution and delivery of any documents, as well as any other expenses resulting from an obligation incurred as the result of this Section. 20. ENVIRONMENTAL MATTERS Landlord represents that, to the best of its knowledge, the Premises, Access Easement and Utility Easement and any existing improvements thereon, are free of hazardous substances, toxic substances and/or contamination (collectively, "Hazardous Substances"). Landlord agrees that it will not introduce or use any Hazardous Substances on the Site in violation of any applicable law. Tenant will indemnify, protect, defend and hold harmless Landlord from and against all claims, suits, actions, causes of action, assessments, losses, penalties, costs, damages and expenses, including, without limitation, attorneys' fees, sustained or incurred by Landlord pursuant to any federal, state or local laws, implementing regulations, common law or otherwise dealing with matters relating to Hazardous Substances released by Tenant in, upon or beneath the Premises, Access Easement or Utility Easement. 21. FENCES During the Primary Term and each Extended Term, Tenant may fence in that portion of the Premises as Tenant determines is reasonable for the proper and efficient operation and protection of the Communications Facility, upon review and approval by Landlord of plans for such fence, which approval will not be unreasonably withheld, conditioned or delayed. 22. TITLE Landlord represents and warrants to Tenant that Landlord has good and marketable title to the Premises, Access Easement and Utility Easement, free and clear of all liens, encumbrances and exceptions, except those described in E�ibit E attached hereto, of duration and quality equal to that conveyed to Tenant by this Lease. Landlord shall warrant and defend the same to Tenant against the claims and demands of all persons and entities. 23. CONDEMNATION OF PREMISES If any governmental, public body or other condemning authority takes, or if Landlord transfers in lieu of such taking, all or part of the Premises, Access Easement or Utility Easement thereby making it ph}�sically or financially infeasible for the Premises to be used in the manner intended by the Lease, Tenant shall have the right to terminate this Lease effective as of the date of the taking by the condemning party and the rental shall be prorated appropriately. If only a portion of the Premises, Access Easement or Utility Easement is taken, and Tenant does not elect to terminate this Lease under this provision, then the Lease shall continue but rental payments �: provided under this Lease shall abate proportionately as to the portion taken which is not then usable by Tenant, and Landlord shall make all necessary repairs and alterations to restore the portion of the Premises, Access Easement and Utility Easement remaining to as near their former condition as circumstances will permit (at a cost not to exceed Landlord's proceeds from said condemnation or transfer). In the event of any condemnation, taking or conveyance in lieu thereof which results in a termination of the Lease, Landlord will not be entitled to that portion, if any, of an award made to or for the benefit of Tenant for loss of Tenant's property, moving expenses, or for damages for cessation or interruption of Tenant's business. 24. QUIET ENJOYMENT Landlord covenants that Tenant, upon paying the rent and observing the other covenants and conditions herein upon its part to be observed, will peaceably and quietly hold and enjoy the right to use the Premises, Access Easement and Utility Easement on the terms and conditions and for the purposes stated herein during the term of this Lease, as it may be extended, without hindrance, ejection or molestation by Landlord or any person(s) or entity(ies) claiming under the Landlord. 25. CONTINGENCIES Not anything contained herein to the contrary, and in addition to and not in limitation of Tenant's other rights hereunder, it is expressly agreed that Tenant's obligations under this Lease are conditioned upon: 25.1. Tenant's satisfaction with the status of title to the Premises and, at Tenant's option, Tenant's receipt of a leasehold title insurance policy insuring its leasehold interest in the Premises, in form and substance satisfactory to Tenant. Landlord shall execute the standard form of title company affidavit in order to enable Tenant to obtain title insurance on the Premises free and clear of all exceptions other than those which have been disclosed in writing to Tenant and which do not interfere with tenant's use of the Premises; and 25.2. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility of engineering, installing, constructing and operating the Communication's Facility: Tenant's receipt of all necessary or appropriate building and construction permits and all licenses, permits, approvals and consents from all applicable governmental authorities necessary or appropriate for Tenant to use and operate the Communication's Facility on the Prem�ises. Tenant is hereby given the right to survey; soil test; radio coverage test, and to conduct any other investigations needed to determine if the surface and location of the Premises are suitable for Tenant's use intended by this Lease. �� 26. INTERFERENCE Landlord will not permit or suffer the installation, existence and maintenance of any other improvement (including, without limitation, transmission or reception devices) upon the Property if such improvement interferes with transmission or reception by Tenant's Communications . Facility in any manner whatsoever, except installation, existence and maintenance by the Landlord of facilities or equipment associated with the maintenance and operation of municipal utilities or other municipal services at the site. 27. ITEMS TO BE DELIVERED TO TENANT Within ten (10) days following a request from Tenant, Landlord shall, to the extent available, deliver to Tenant an accurate copy of all, environmental audits relating to the Premises. 28. COMPLIANCE Landlord represents and warrants that all operations conducted by Landlord in connection with the Property meet all applicable state, federal, county and local codes and regulations. Landlord agrees that it will conduct its operations in the future in accordance with all such codes, mortgage, deed of trust or other instrument encumbering the Property in order for Tenant to construct, operate, maintain or access the Communications Facility. During the term of this Lease, tenant will comply with all applicable laws relating to Tenant's use of the Premises. Tenant will not commit or suffer to be committed any waste on the Premises or any nuisance. 29. LIENS Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant and shall indemnify, defend and hold Landlord harmless from all claims, costs and liabilities, including reasonable attorneys' fees and costs, in connection with or arising out of any such lien or claim of lien. Tenant shall cause any such lien imposed on the Premises to be released of record by payment or posting of a proper bond within thirty (30) days after written request by Landlord. 30. SUBORDINATION Tenant agrees that this Lease shall be subject and subordinate to any mortgages or deeds of trust now or hereafter placed upon the Premises and to all modifications thereto, provided that Tenant's possession of the Premises shall not be disturbed so long as Tenant continues to perform its duties and obligations under this Lease and Tenant's obligation to perform such duties and obligations shall not e in any way increased or its rights diminished by the provisions of this paragraph. Tenant agrees to attorn to the mortgagee, trustee or beneficiary under any such mortgage or deed of trust, and to the purchaser in a sale pursuant to the foreclosure thereof; �� provided that Tenant's possession of the Premises shall not be disturbed so long as Tenant shall continue to perform its duties and obligations under this Lease. 31. ENTIRE AGREEMENT AND BINDING EFFECT This Lease and any attached exhibits and nondisturbance and attornment agreement(s) mentioning this Lease, constitute the entire agreement between Landlord and Tenant; no prior written promises or prior contemporaneous or subsequent oral promises or representations will be binding. This Lease will not be amended or changed except by written instrument signed by the parties hereto. Section captions herein are for convenience of reference only and neither limit nor amplify the provisions of this Lease. The invalidity of any portion of this Lease shall not have any effect on the balance thereo£ The provisions of this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of Landlord and Tenant. 32. GOVERNING LAW This Lease shall be governed by the laws of the state in which the Premises are located. IN WITNESS WHEREOF, Landlord and tenant have signed this Lease as of the date and yeax first above written. TENANT: T-Mobile Central, LLC By: Name: Hossein Sepehr_ Title: Director of Engineering and Operations Date: � LANDLORD: THE CITY OF FRIDLEY, MINNESOTA By: _ Name: Title: Date: Federal Tax Identification Number (Please complete — Tax ID # required) Exhibit A Legal Description Property located in Anoka County, Minnesota Lots One (1) and Two (2), Block One (1), Horizon Heights, according to the map of plat thereof on file and of record in the Office of the Register of Deeds in and for Anoka County, Minnesota. AND BEING the same property conveyed to Village of Fridley from William H. Wearn and Jean H. Wearn by Warranty Deed dated April 14, 1955 and Apri129, 1955 in Instrument Number 163426. Tax Parcel Nos.: 25-30-24-21-0001 and 25-30-24-21-0002 �� Exhibit B Ground Lease Area An easement for lease tract purposes over, under and across that part of Lot 2, Block 1, Horizon Heights, according to the recorded plat thereof, Anoka County, Minnesota described as follows: Commencing at the northeast corner of the Northwest Quarter of Section 25, Township 30, Range 24, said Anoka County; thence South 00 degrees 16 minutes 25 seconds East, bearings based on Anoka County Coordinate Grid, along the east line of said Northwest Quarter a distance of 145.76 feet; thence on a bearing of West a distance of 95.70 feet to the point of beginning of the lease tract to be described; thence South 41 degrees 32 minutes 21 seconds West a distance of 10.00 feet; thence South 48 degrees 27 minutes 39 seconds East a distance of 12.00 feet; thence North 41 degrees 32 minutes 21 seconds East a distance of 10.00 feet; thence North 48 degrees 27 minutes 39 seconds West a distance of 12.00 feet to said point of beginning. Said lease tract contains 120 square feet. � Exhibit C Access Easement A 15.00 foot wide easement for access purposes over and across Lot 2, Block 1, Horizon Heights, according to the recorded plat thereof, Anoka County, Minnesota. The southerly line of said easement is described as follows: Commencing at the northeast corner of the Northwest Quarter of Section 25, Township 30, Range 24, said Anoka County; thence South 00 degrees 16 minutes 25 seconds East, bearings based on Arioka County Coordinate Grid, along the east line of said Northwest Quarter a distance of 145.76 feet; thence on a bearing of West a distance of 95.70 feet; thence South 41 degrees 32 minutes 21 seconds West a distance of 15.00 feet; thence South 48 degrees 27 minutes 39 seconds East a distance of 12.00 feet to a point hereinafter referred to as Point "A", and the point of beginning of the line to be described; thence continuing South 48 degrees 27 minutes 39 seconds East a distance of 37.83 feet; thence North 89 degrees 43 minutes 35 seconds East a distance of 45.61 feet to the west line of Johnson Street Northeast and said line there terminating. Together with a 5.00 foot wide easement for access purposes over and across said Lot 2. The southwest line of said easement is described as beginning at said Point "A"; thence North 48 degrees 27 minutes 39 seconds West a distance of 12.00 feet and said line there terminating. Said access and utiliTy easement contains 3,674 square feet. � Exhibit D Utility Easement A 5.00 foot wide easement for utility purposes over, under and across Lot 2, Block 1, Horizon Heights, according to the recorded plat thereof, Anoka County, Minnesota. The easterly and northerly line of said easement is described as follows: Commencing at the northeast corner of the Northwest Quarter of Section 25, Township 30, Range 24, said Anoka County; thence South 00 degrees 16 minutes 25 seconds East, bearings based on Anoka County Coordinate Grid, along the east line of said Northwest Quarter a distance of 145.76 feet; thence on a bearing of West a distance of 95.70 feet to the point of beginning of the line to be described; thence South 41 degrees 32 minutes 21 seconds West a distance of 15.00 feet; thence South 48 degrees 27 minutes 39 seconds East a distance of 49.83 feet; thence North 89 degrees 43 minutes 35 seconds East a distance of 45.61 feet to the west line of Johnson Street Northeast and said line there terminating. Said utility easement conta.ins 543 square feet. �� None - Intentionally left blank. Exhibit E Title Exceptions �� v i� rc �� 'UF Nb �� U O� �j�0 ��Z � u � W k ¢O m � a�O �n m � �p�`O J a F�a � m �3� �n rc � u Z �=x j� �i oo��o � �zt-n� m � K�W<N N �mQ�� .-V �Zx3¢2 Zy��6S i � z m 0 Z o¢ N� TdU a �� m z N 7 m �� W=�g o��W Q'�` g i � � $�_ U � Z ��W QaN LL W 2 �+`s �� o� i� � 0 o�i N a^lv�l .�+ a a f Ayt�6 � � � �� . � �� ' ° Q �a�x � B � �� °�� i �� $ � �� E� �� _ _ ��€ ��"�� — — „� �� j �� - F � �' �� °g �� '• � i �� ,�x.--�--,�-- , � �� ._ � I � � �� yyyR , �� 1 e �� / �` ,'•�� O � �I �� ,----, `� � I � �s � �� I �� / � � b�s \ \ tt a� � � I1 * Y� � �.''.' . � �� , �� ' �� x � _ � �� . � � ; �-- z I � / .�, ` � \ � � Y" , Y 4 ■ w I � � I � � I �� '�1 - w � � I D � Iy ^ g� i � I -=-- -'- v\� a � 1 O W • � I j� � � ein � �u,� _"" O.s:. ul � 4� � � �� } `�\ �� 4� �C �� \\ � �4 /� �� f�� .� 1 � �� a � �; � , �� , �� e �� §� � � a —v . � I � � ' � , / �� I -� �a e + t�` I X�---�--X---�--)(---- !�.� �=��_ �� . � � �� m _ � � ° �� I �� ,, , O� ODO�OpOp�OpUO_� �u60 � �O � ' 34�, �— . --- — I -- o - __ � �, � i_LiJ_L_, i i i i i i Lv. i i iVi i' i i i i i i i i i i i i i i..,, iiiiiiiiiiiiiiiiiiuiniiiuiiiiiiiii.v, �� rv�� CffY OF FRIDLEY Date To: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 August 8, 2007 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Final Plat, PS #07-02, Eugene Jankowski M-07-25 INTRODUCTION On March 7, 2007, the Planning Commission considered plat request PS #07-02, by Eugene Jankowski. Mr. Jankowski plans to replat two large single family lots at 1400 and 1420 Rice Creek Road, into three single family lots. City Staff and the Planning Commission recommend approval of plat request, PS #07-02, with 6 stipulations. At the March 26, 2007, City Council meeting, the preliminary plat was approved, with 6 stipulations. Since the March 26, 2007, City Council approval of the preliminary plat, City staff has received comments from Anoka County. Based on those comments, stipulations #7 has been added to the recommended approval. RECOMMENDATION City Staff and the Planning Commission recommend final plat approval of PS #07-02. STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1, 500 park fee prior to issuance of a building permit for Lot #2. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. Petitioner shall provide easements as shown on preliminary plat drawing. 6. Driveway on Lot #1 shall be moved to be within 3 feet of the property line or moved to be within the property line and a letter shall be submitted stating that the property owner of Lot #2 is in agreement with the fact that the driveway on Lot #1 is located on the property line. 7. Petitioner shall obtain a permit from Anoka County before commencing with work in the County right-of-way. RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #07-02, JJ ADDITION, BY EUGENE JANKOWSKI, FOR THE PURPOSE OF CREATING THREE SINGLE FAMILY LOTS, GENERALLY LOCATED AT 1400 AND 1420 RICE CREEK ROAD NE. WHEREAS, the Planning Commission held a public hearing on March 7, 2007, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for JJ ADDITION at their March 26, 2007, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat JJ ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for JJ ADDITION and directs the petitioner to record the plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13t'' DAY OF AUGUST 2007. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2— Resolution -2007 — JJ ADDITION ..I: � STIPULATIONS 1. Property owner of record shall obtain all necessary permits prior to construction. 2. Property owner of record at time of building permit application to pay required $1,500 park fee prior to issuance of a building permit for Lot #2. 3. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 4. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. Petitioner shall provide easements as shown on preliminary plat drawing. 6. Driveway on Lot #1 shall be moved to be within 3 feet of the property line or moved to be within the property line and a letter shall be submitted stating that the property owner of Lot #2 is in agreement with the fact that the driveway on Lot #1 is located on the property line. 7. Petitioner shall obtain a permit from Anoka County before commencing with work in the County right-of-way. � � CffY OF FRIDLEIf TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 William W. Burns, City Manager Layne Otteson, Assistant Public Works Director August 13, 2007 PW07-042 Receive Final Plans and Specifications and Authorize the Advertisement for Bids for the 2007 Quiet Zone Project The attached resolution is to receive the final plans and authorize staff to advertise for bids for the proposed 2007 Street Project No. ST. 2007 — 3. The railroad crossings locations are at 77tn Avenue and Osborne Road. Throughout the design process, City staff has been coordinating with adjacent property owners, BNSF, Anoka County, Federal Railroad Administration, and MNDOT. On August 1 St 2007, staff mailed 494 information letters to the adjacent residential neighborhood and business district. The design includes concrete medians, signage, driveway entrance realignments, and striping. The Schmidt-Osborne building on Osborne Road will have the entrance move easterly to allow for a fully accessible driveway entrance. Both driveways on 77t" Avenue will be limited to right in, right out entrances. These driveways will require widening to provide a proper turning radius for semi-trailer vehicle access. All property owners have approved of the entrance changes as proposed. The Engineer's opinion of probable cost is $65,000. This project is funded using Minnesota State Aid System (MSAS) funds. Recommend the City Council adopt the attached resolution to proceed with the project and receive bids for the 2007 Street Project No. ST. 2007 - 3. LO Attachment RESOLUTION NO. 2007 - A RESOLUTION RECEIVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS OF STREET IMPROVEMENT PROJECT NO. ST. 2007-3 WHEREAS, residents of the City of Fridley have expressed concern over the volume of railroad locomotive horns being sounded within the City; and WHEREAS, the City of Fridley desires to apply for and establish a Quiet Zone including two railroad grade crossings as Osborne Road and 77�' Avenue; and WHEREAS, Resolution No. 2006-52 authorized staff to proceed with the process of establishing a quiet zone in the City of Fridley; and WHEREAS, Resolution No. 2007-34 ordered the preparation of preliminary plans, specifications, and feasibility report; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Street improvements, including concrete median, signage, driveway realignment, and striping located as follows: Osborne Road East River Road to 400' west of Main Street 77th Avenue NE East River Road to 500' west of Main Street That the work involved in said improvements listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT NO. ST 2007-3 2. That the Public Works Director, City Hall, Fridley, MN, is hereby designated as the engineer for this improvement. The engineer shall oversee the administration of such improvements. 3. That the work may be performed under this proj ect may be performed under one or more contracts as me be deemed advisable upon receipt of bids. PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS DAY OF , 2007. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 William W. Burns, City Manager Layne Otteson, Assistant Public Works Director August 13, 2007 Award of ST2007 — 2 Mill and Overlay Project PW07-43 On Wednesday, August 8, 2007, at 10:00 a.m. bids were opened for the ST2007-2 Mill and Overlay Project. Ten sets of plans and specifications were sent out and six bids were received. The low bid was received from Northwest Asphalt, Inc. of Shakopee, MN, in the amount of $287, 845.80. The funding bid is under the engineers estimate and within budget. The funding for this project will come from Assessment ($110,000) and the use of the MSAS fund ($178,000). Recommend the City Council receive the bids and award the ST2007-2 Mill and Overlay Project to Northwest Asphalt, Inc. of Shakopee, MN, in the amount of $287,845.80. LO:�B Attachments BID FOR PROPOSALS 2007 -2 MILL AND OVERLAY PROJECT AUGUST 8, 2007, 10�00 A.M. ��'� PLANHOLQ!ER BfD BOND Bl'�D ��'�ADDENDUM��'� � Northwest Asphalt, Inc. Western $287,845.80 Acknowledge 1451 Stagecoach Road 1 &2 Shakopee, MN 55379 NorthValley United Fire Acknowledge 20015 Iguana St. NW $298,057.00 1&2 Now Then, MN 55330 Hardrives, Inc. Western $303,965.60 Acknowledge 14475 Quiram Drive 1 &2 Rogers, MN 55374 Midwest Asphalt, Inc. Travelers $312,057.00 Acknowledge 5929 Baker Road, Suite 420 1&2 Minnetonka, MN 55345 Bituminous Roadway, Inc. United $323,367.10 Acknowledge 2825 Cedar Ave. S 1&2 Minneapolis, MN 55407 Astech Asphalt Surface Tech Travelers $342,494.76 Acknowledge P. O. Box 1025 1&2 St. Cloud, MN 56302 � � CffY OF FRIDLEIf TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 William W. Burns, City Manager Layne Otteson, Assistant Public Works Director August 13, 2007 MNDOT Signal Upgrade — TH 65 @ Osborne Road (CSAH 8) ,��L�rQiL� MNDOT is requesting that all participating agencies sign the attached "Traffic Control Signal Agreement" for the intersection of TH65 and Osborne Road. They are also requesting a resolution. In October of 2005, Resolution No. 2005-55 authorizes a preliminary agreement for the replacement of the traffic control system. MNDOT is programmed to upgrade the signal system on TH65 at Osborne Road for late 2007 or 2008. The work includes replacing the existing traffic control signal, emergency vehicle protection and signing. MNDOT will perform all construction engineering and administer the project. The estimated cost is approximately $270,000. The construction costs will be shared as follows: 50% by MNDOT, 25% by Anoka County, and the Cities of Fridley and Spring Lake Park each responsible for 12.5%. Fridley's estimated cost is $33,777.00. The agreement does not include installing the internally illuminated street name signs at this intersection. This is our opportunity to do so. Typically as a border route, the cost for this signage would be split with our neighbor. Unfortunately, the City of Spring Lake Park is declining to contribute and so if we want the signage, Fridley will need to pay the entire estimated cost of $10,000.00 by ourselves. On similar projects along University Avenue or TH 65, Fridley has installed the internally illuminated street name signs at the shared intersections. We have had nothing but a very positive response to these signs, especially from aging drivers. It is a very beneficial amenity for our citizens and deserves continuation of this program. Staff recommends having the illuminated street signs installed and funding it for an additional cost of approximately $10,000. If MNDOT agrees to add it to the project, Fridley's estimated cost would increase to approximately $43,777.00, which we can pay from our MSAS account. The resolution authorizes City Officials to execute Traffic Control Signal Agreement No. 91252R as provided by MNDOT. Recommend the City Council adopt the attached resolution for the MNDOT Signal Upgrade located at TH 65 and Osborne Road (CSAH 8). LRO Attachment ��. - ,.. RESOLUTION NO. 2007 - . �� ._, y � A RESOLUTION AUTHORIZING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 91252R FOR THE REPLACEMENT OF THE TRAFFIC CONTROL SYSTEM ON T.H. 65 AND OSBORNE ROAD BE IT RESOLVED that the City of Fridley agrees to participate in the cost, with the State of Minnesota Department of Transportation for the following purposes, to wit: To remove the existing traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, internally illuminated street signs, interconnect and signing on Trunk Highway No. 65 at Osborne Road (CSAH 8). BE IT FURTHER RESOLVED that the City Mayor and City Manager are hereby authorized and directed to execute such agreements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF AUGUST, 2007. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK RES4LUTION NO. 2007 - A RESOLUTION AUTHORIZING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 91252R FOR THE REPLACEMENT OF THE TRAFFIC CONTROL SYSTEM ON T.H. 65 AND OSBORNE ROAD BE IT RESOLVED that the City of Fridley agrees to participate in the cost, with the State of Mirinesota. Department of Transportation for the following purposes, to wit: � . To remove the existing traffic control signal and install a new traffic control signal with street lights, emergency vehicle pre-emption, interconnect and signing on Trunk Highway No. 65 at Osborne Road (CSAH 8). BE IT FURTI�R RESOLVED that the City Mayor and City Manager are hereby authorized and directed to executive such agreements. PASSED AND ADOP'TED BY TF-iE CTTY COUNCII, OF THE CITY OF FRIDLEY THIS 13th DAY OF AUGUST, 2007. ATTEST: DEBRA A. SKOGEN - CITY CLERK 43 SCOTT J. LUND - MAYOR , .� ,��/. �� ( �1�� {� j Jf-��r. �L./ �} � � TRANSPORTATION DEPARTMENT �nnFFIC CONTROL SIGNAL AGREEMENT NO. 91252R BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF ANOKA AND THE CITY OF SPRING LAKE PARK � AND THE CITY OF FRIDLEY TO Remove the existing Traffic Control Signal and Install a new Traffic Control Signal with Street�Lights, Emergency Vehicle Pre-emption and Signing on Trunk Highway No. 65 at County State Aid Highway No. 8(Osborne Road NE), in the Cities of Spring Lake Park and Fridley, Anoka County, Minnesota. S.P. No. 0207-80 (T.H. 65=005) S.A.P. No.'s 183-010-004, 127-010-020 and 02-608-10 % Prepared by Metropolitan Traffic Engineering �_ ESTIMATED AMOUNT RECEIVABLE County of Anoka $62,154.00 City of Spring Lake Park $33,777.00 City of Fridley $33,777.00 44 -1- AMOUNT ENCUMBERED None Otherwise Covered � Agreement No. 91252R PARTIES This Agreement is entered into by the State of Minnesota acting through its Commissioner of Transportation, (State), and the County of Anoka, (County), and the City of Spring Lake Park, (Spring Lake Park), and the City of Fridley, (Fridley). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The State has determined that there is justification and it is in the public's best interest �o remove the existing traffic control signal and install a new traffic control signal including street lights and signing (Traffic Control Sig.nal) at the location set out in this Agreement iri.accordance with State plans, specifications anc� special provisions designated as State Project No. 0207-80 (T.H. 65=005) and State Aid Project No.'s 183-010-004, 127-010-020 and 02-608-10. Spring Lake Park and Fridley request and the State and ' County agree to the installation of an Emergericy Vehicle Pre-emption System (EVP System) �s a part of the new Traffic Control Signal installation. It is considered in the public's best interest for the State to provide a new traffic c�rol signal cabinet and - 2 - Agreement No. 91252R control equipment (State-furnished materials) to operate the new Traffic Control Signal. . The County, Spring Lake Park, Fridley and the•State will participate in the cost, maintenance and operation of the new Tratfic Control Signal and EVP System. CONTRACT 1. The State will prepare the necessary p�an, specifications and proposal (Preliminary Engineeringi. 2. The State, with its own resources or by contract, will remove the existing traffic control signal.and install a new Traffic Contrbl Signal and EVP System on Trunk Highway No. 65 at County State Aid Highway No. 8(Osborne Road N�), pursuant to State Project No. 0207-80 (T.H. 65=005) and State Aid Project No.`s 183-010-004, 127-010-020 and 02-608-10. 3. The State will perform all construction engineering and inspection functions (Construction Engineering) in con.nection with.the contract construction and perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 4. The cost of construction (Construction Cost) consists of the contract cost of the work and State-furnished materials, or, if the work is not contracted, the actual cost of all labor, materials, State-furnished materials and equipment rental 46 - 3 - � .. required to complete the work Agreement No. 91252R Construction Cost does not include the cost of providing the power supply to the service pole or pad. A Preliminary SCHEDULE "I" is attached and incorporated into this Agreement. The Preliminary SCHEDULE "I" includes all�County, Spring Lake Park and Fridley Construction Costs, and is based on engineer's estimated unit prices and State-furnished materials lump sum amounts. The County, Spring Lake Park and Fridley will participate in the following cons.truction at the percentage indicated: �� c. Construction Costs on T.H. Trunk Highway No. 65 at County State Aid Highway No. 8.(Osborne Road NE). The County's Construction Cost share is 25 Percent. Spring Lake Park's Coristruction Cost share.is 12.50 Percent. Fridley's Construction Cost share is 12.50 Percent. EVP Costs on Trunk Highway No. 65 at County State Aid. Highway No. 8(Osborne Road NE). Spring Lake Park's EVP Cost share is 25 Percent. Fridley's EVP Cost share is 25 Percent. The County, Spring Lake Park and Fridley will pay a Construction Engineering charge in an amount equal to 8 percent of the total�County, Spring Lake Park and Fridley Construction and EVP Cost, respectively, covered under this Agreement. � 47 - 4 - Agreement No. 91252R 5. The County's, Spring Lake Park's and Fridley's estimated total Construction and EVP Cost share and Construction Engineering costs are $62,154.00 for the County, $33,777.00 for Spring Lake Park, and $33,777.00 for Fridley as shown in the attached Preliminary SCHEDULE "I." The State will prepare a Revised SCHEDULE "I" based on construction contract unit prices and lump sum State-furnished materials cost. Upon execution of this Agreement, award of the Construction Contract, and receipt of the State's written reguest, the County, Spring Lake Park and Fridley will advance to the State their total estimated Construction Cost share, which does not incl�.de the 8 percent Construction Engineering cost share, as shown in the Revised SCHEDULE "I." 6. Upon completion and acceptance of the contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final SCHEDULE "I" and submit a copy to the County, Spring Lake Park and Fridley. The Final SCHEDULE "I" will be based on final quantities, and include all County, Spring Lake Park and Fridley�Construction Cost and Construction Engineering covered under this Agreement. If the final cost of a party's participation covered under this Agreement exceeds the amount of funds advanced by that party, the party will, upon receipt of a request from the State, promptly pay the difference to the State without interest. If the final cost of a party's participation coverecl under this 48 - 5 - Agreement No. 91252R Agreement is less than the amount of funds advanced by that party, the State will promptly return the balance to the party � without interest. Pursuant to Minnesota Statutes Section 15.415, the State waives claim for any amounts less than $5.00 over the amount of the County, Spring Lake Park and Fridley funds previously advanced to the�State, and the County,�Spring Lake Park and Fridley waive claim for the return of any amounts less than $5.00 of those funds advanced by either party. 7. Spring Lake Park will be responsible for the cost and application to secure an adequate power supply to the service pad or pole. Upon completion of this project, Spring Lake Park will thereafter pay all monthly electrical service expenses necessary to operate the Traffic Control Signal, EVP System and "Fridley Welcomes You" sign light. Spring �ake Park will bill Fridley for the monthly power charges related to the "Fridley Welcomes You" sign light. 8. Upon completion of'this project, Fridley will, at its cost and expense: (1) maintain the luminaires and all its components, including replacing the luminaire when necessary; (2) relamp the new traffic control signal and street lights; (3) clean the controller and service cabinets; (4) clean and paint the new traffic control signal and luminaire mast arm extensions; and (5) r.elamp, maintain and operate the "Fridley Welcomes You" sign light and all it's components leading back to the signal service cabinet. The4�tate will, at its cost and � Agreement No. 91252R expense, maintain the signing, and perform all other traffic control signal and street light maintenance. Painting will be in accordance with Mn/DOT Standard Specification 2565.3T, unless approved by the State's District Traffic Engineer. 9.. The EVP System will be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a. A11 maintenance of the EVP System must be done by State forces. b. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes Section 169.01, Subdivision 5. Authorized emergency vehicles may use emitter units only when responding to an emergency. Spring�Lake Park and Fridley will provide the State's District Engineer or his/her , designated representative a list of all vehicles with emitter units, if requested by the State. c. Malfunction of the EVP System must be reported to the State immediately. d. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after Spring Lake Park and%or Fridley receives written 50 -�- � Agreement No. 91252R notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to ' this Paragraph, all of its parts and components become the property of the State. e. All timing of the EVP System will be determined by the State. 10. Each party will be solely responsible for its own acts and omissions and the re�ults thereof, to the extent authorized by law. Minnesota Tort Claims Act, Minnesota Statutes �ection 3.736, governs the State's liability. Minnesota _ Statutes Chapter 466 and other applicable law govern liability of the County, Spring Lake Park and/or Fridley. Each party will be solely responsible for its own employees for any Workers' Compensation claims. 11. Al1 timing of the new Traffic Control Signal will be determined by the State, and no changes may be made except with the approval of the State. 12. By signing this agreement, the County, Spring Lake Park and Fridley authorize the State to enter upon the County, Spring Lake Park and/or Fridley public right of way to install and maintain the new Traffic Control Signal and EVP System. 13. Upon execution and approval by the County, Spring Lake Park, Fridley and the State and completion of the construction work provided for herein, this agreement will supersede and 51 �� Agreement No. 91252R terminate the EVP operation and maintenance terms of Agreement No. 64319, dated November 2, 1987, between Fridley and the _ State, for the intersection of Trunk Highway No. 65 at County State Aid Highway No. 8(Osborne Road NE). 14. Upon execution and approval by the County, Spring Lake Park, Fridley and the State and completion of the construction work provided for herein, this agreement will supersede and terminate Agreement No. 61075, dated October 28, 1982, between the County, Spring Lake Park, Fridley and the State. 15. Any amendment to this.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 Agreement, or their successors in office. 16. If the State fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to eriforce it. . 17. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used . to bind either party. � 18. Minnesota law governs this contract. Venue for all • legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 52 . � - 9 - . Agreement No. 91252R 19. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, � Subdivision 2, and will remain in effect until terminated by written agreement of the parties. 20. The State's obligation to perform any work, or to let a Contract for the performance of the work, on the State Project referenced above,'is subject to the availability of funding from the Minnesota Legislature or other funding source. 21. Authorized Agents a. The State's Authorized Agent for the purpose of the administration of this Agreement is Al1an Espinoza, Metropolitan Traffic Design Services, or his successor. His current address and phone number are 1500 West County Rd. B2, Roseville, MN 55113, (65T) 234-7812. b. The County's Authorized Agent for the purpose of the administration of this Agreement is Doug Fischer, Anoka County Engineer, or his successor�. His current address and phone number are Anoka County Highway Department, 1440 Bunker Lake Blvd. NW, Andover, MN. 55304, (763) 862-4213 . C. Spring Lake Park`s Authorized Agent for the purpose of �he administration of this Agreement is Ms. Barbara Nelson, City Administ��or or her successor. Her - 10 - Agreement No. 91252R current address and phone number are 1301-81st Avenue, NE, Spring Lake Park, MN 55432-2188 (763) 784-6491 d. Fridley's Authorized Agent for the purpose of the administration of this Agreement is Mr. Jon Haukaas, City Engineer/Public Works Director; or his successor. His current address and phone number are 6431 University Avenue, NE, Fridley, MN 55432-4383 (763) 572-3551 54 - 11 - � Recommended for approval: By COUNTY OF ANOKA County Highway Engineer By Chairperson of the Board Date By Title Date 55 - 12 - Agreement No. 91252R CITY OF SPRING LAKE PARK RECOMMEND FOR APPROVAL: City Attorney � Agreement No. 91252R By: Mayor Date: By: City Clerk Date: 56 - 13 - � RECOMMEND FOR APPROVAL: City Attorney By: Mayor . Date: By: Date: City Manager CITY OF FRIDLEY - 14 - 57 Agreement No. 91252R DEPARTMENT OF TRANSPORTATION RECOMMEND FOR APPROVAL: Metropolitan District Engineer COMMISSIONER OF ADMINISTRATION As delegated to Materials Management Division By: Date: Agreement No. 91252R DEPARTMENT OF TRANSPORTATION By. State Design Engineer Date: As to form and execution: By: Contract Management Date: 58 - 15 - � RESOLUTION BE IT RESOLVED that the County of Anoka enter into an agreement with the State of Minnesota, Department of ' Transportation for the following purposes, to wit: To remove the existing Traffic Control Signal and Install a new Traffic Control Signal with Street � Lights, Emergency Vehicle Pre-emption and Signing on Trunl� Highway No. 65 at County State Aid Highway No. 8 (Os�orne Road NE) in accordance with the terms and conditions set forth and contained in Agreement No. 91252R, a copy of which was before the Board. BE IT FURTHER RESOLVED that the proper County officers be and hereby are authc�rized to execute such agreement and any amendments, and thereby assume for and on behalf of the County� all of the contractual obligations contained therein. CERTIFICATION State of Mirinesota County. � of Anoka I hereby certify that the foregoing Reso}�ution is a true and correct copy of a reso3.ution presented to and adopted by the Board of the County of Anoka at a duly authorized meeting thereof held on the day of , 2007, as shown by the minutes of said meeting in my possession. (Seal) By: Title. 59 RESOLUTION BE IT RESOLVED that the City of Spring Lake Park enter into an agreement with the State of Minnesota, Department of ' Transportation for the following purposes, to wit: To remove the existing Traffic Control Signal and Install a new Traffic Control Signal�with Street Lights, Emergency Vehicle Pre-emption and Signing on Trunk Highway No. 65 at County State Aid Highway No. 8 (Osborne Road NE) in accordance with the terms and conditions set forth and contained in Agreement No. 91252R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such.agreement and any amendments, and thereby assume for and on behalf of the Cit�t all of the contractual obligations contained therein. CERTIFICATION State of Minnesota City of Spring Lake•Park I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Spring Lake Park at a duly authorized meeting thereof held on the day of , 2007, as shown by the minutes of said meeting in my possession. (Seal) � Title. .1 RE S OLiJT I ON BE IT RESOLVED that the City of Fridley enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To remove the existing Traffic Control Signal and Install a new Traffic Control Si,gnal with Street Lights, Emergency Vehicle Pre-emption and Signing �on � Trunk Highway No. 65 at County State Aid Highway No. 8 (Osborne Road NE) in accordance with the terms and conditions set forth and contained in Agreement No. 91252R, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized.to execute such agr.eement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota City of Fridley ' I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Fridley at a duly authorized meeting thereof held on the day of , 2007, as shown by the minutes of said meeting in my possession. (Seal) By: Title. 61 �� FRIDI.EY To: From Date: AGENDA ITEM CITY COUNCIL MEETtNG OF AUGUST 13, 2007 William W. Bums, City Manager �� "1` Layne Otteson, Assistant Public Works Directo August 13, 2007 / � PW07-038 Re: Resolution Accepting Act of Donation from Wa{-Mart Real Estate Business Trust to Ciiy of Fridtey Dated August 1, 2006, Conveying Land for the 85�' Avenue Trail Project. This resolution has been prepared as recommended by City Attomey Frrtz Knaak. Rather than having a City representative sign the document and directly reco�ding the documents, Mr. Knaak recommended preparing a Resolution of Acceptance, with the Act of Donation as an exhibit to it at the June 25, 2007, City Council meeting. This wilt allow the City to produce this document in the future as there is no title to record. Once the resolution is prepared and executed by the City, it will be forwarded to Prosource Technologies. They will file the Reso{ution and the Act of Donation of record with the Recorder of Deeds of Anoka County. This is the last parcel of land that is preventing the 85�' Avenue Trail from progressing towards the bidding and construction process. The easements from Slumberland and Shamrock have been successfully recorded in Anoka County by Prosource Technologies. Staff recommends the City Council adopt the attached resotution accepting the Act of Donation from Wal-Mart Real Estate Business Trust to the City of Fridley. LRO Attachment 62 RESOLUTION NO. 2007 - A RESOLUTION ACCEPTING, THE ACT OF DONATION, FROM WAL-MART REAL ESTATE BUSINESS TRUST TO THE CITY OF FRIDLEY, DATED AUGUST 1, 2006, CONVEYING LAND FOR THE 85� AVENUE TRAIL PROJECT WHEREAS, Wal-Mart Rea1 Estate Business Trust, A Delaware Sta.tutory trust, is the property owner of the property more fully described as Lot 1, Block 1, WAL-MART in Fridley, Anoka County, Minnesota; and WHEREAS the City of Fridley, a municipal corporation and political subdivision of the State of Minnesota proposes to construct and maintain a public trail way along the northern 25-feet of said, Lot 1, Block 1, WAL-MART in Fridley, Anoka county, Minnesota; and WHEREAS, Wal-Mart desires to donate the northern 25-feet of said, Lot 1, Block 1, WAL-MART in Fridley, Minnesota, located in Anoka �ounty, to the City of Fridley for public trail purposes. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: The City of Fridley does hereby accept the parcel of land described as the northern 25-feet of Lot 1, Block 1, WAL-MART 1N FRIDLEY, Anoka County, Minnesota as conveyed to the City of Fridley, by that certain Act of Donation dated August 1, 2006 from Wal-Mar[ Rea1 Estate Business Trust to the City of Fridley and agree to the terms and stipulations in the Act of Donation which is attached hereto as E�ibit 1. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2007. ATTEST: DEBRA A. SKOGEN - CITY CLERK 63 SCOTT J. LUND - MAYOR ACT OF DONATION On the dates and at the places hereafter set forth, in the presence of the undersigned Notaries Public and the witnesses personally came and appeared: WAI.-MART REAL ESTATE BUSINESS TRUST, a Delaware Statutory trust, whose address is declazed to be 702 SW 8�' Street, Bentonville, Arkansas 72712 with a mailing address of 2001 SE 10�` Street, Bentonville, Arkansas 72716-0550, c/o Wal-Mart Realty Management #44-9384, and whose taxpayer identification number is 71-6167580 represented herein by its duly authorized undersigned officer ("Wal-Mart"); and THE CTI'Y OF Fridley, a municipal corporation and political subdivision of the State of Minnesota, whose mailing address is 6431 University Avenue N E, Fridley, Minnesota., 55432, and whose ta�cpayer identification number is 41-6007700, is represented herein through its duly authorized undersigned officer. Both of whom agree as follows: PRELIMINARY RECTTALS: A. Wal-Mart is the owner of the properiy more fully described as Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County, Minnesota. B. City of Fridley proposes to construct and maintain a public trail way along the northem 25-feet of said, Lot 1, Block 1, WAUMART IN FRIDLEY, Anoka County, Minnesota. C. Wal-Mart desires to donate the northem 25-feet of said, Lot 1, Block 1, WAL-MART 1N FRIDLEY, Anoka County, Minnesota to the City of Fridley for public trail purposes. NOW, THEREFORE, Wal-Mart and the City of Fridley agree as follows: 1. Donation: Wal-Mart hereby irrevocably grants, conveys, transfers and delivers all of its right, title and interest in and to the northem 25-feet of said Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County, Minnesota, without warranties of any kind whatsoever, to have to hold unto the City of Fridley, its successors and assigns forever. 2. No Revocation: Wal-Mart further waives and forever renounces any right of revocation of the Act of Donation in whole or in part, and Wal-Mart does forever divest themselves of any present and fuhue interest in or control of dominion over the northern 25-feet of said, Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County, Minnesota. 3. Acceptance of Donation: The City of Fridley irrevocably and unconditionally accepts the Act of Donation herein made and aclmowledges receipt of northem 25-feet of said, Lot 1, Block 1, WAL- MART IN FRIDLEY, Anoka County, Minnesota. 4. Indemnitv Insurance and Hold Harmless: The City of Fridley agrees to indemnify, defend, and hold Wa1-Mart, its officers, directors, contractors, agents, representatives and employees, and save them harmless from and against any and all claims, actions, damages, liability and expenses (including reasonable attorneys' fees) in connection with loss of life, personal injury andlor damage to property arising in whole or in part from the omission, faulty, willful act, or negligence of the City of Fridley, its officers, members, contractors, agents, employees, subcontractors, invitees and visitors in, on or about northem 25-feet of said, Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County, Minnesota in the operation, replacement, maintenance, or any construction of its public trail. 07/31 /06 V 4 815 act of donation 5. Future Fees Taxes. Assessments: The City of Fridley shall not levy any city fees, taxes or assessments related to the maintenance, installation, replacements or operations of a public trail upon any Wal-Mart entity from this daxe forward in consideration for the Donation of the northem 25-feet of said, Lot 1, Block l, WAIrMART IN FRIDLEY, Anoka County, Minnesota. 6. Choice of Law: The validity, interpretation, performance and enforcement of the Donation shall be govemed by the laws of the State of Minnesota (without giving effect to the laws, rules and principles of the State of Arkansas regarding conflicts of law). 6. Maintenance Oblieations: The City of Fridley sha.11 be obligated to perform ordinary and necessary maintenance, replacement, construction and repair of the public trail located on the northern 25-feet of said, Lot 1, Block 1, WAL-MART IN FRIDLEY, Anoka County, Minnesota. IN WITNESS AND WHEREOF, the City of The City Of Fridley, a municipal corporation, has executed this Agreement in multiple originals this day of , 20 , in the presence of ine Notary, and the undersigned witnesses at , Notary Public 07/31/06 815 act of donation WAL-MART REAL ESTATE BUSINES TRUST B ,�, � y: Name: t ranC�i � �vDCr� J Title: �� rC��oe' Approv to legai terms aniy by - WA,L.-iVIART EGAL aEp i . Date: � ___----..-. _ . __.. 65 WALMART EASEMENT FRIDLEY, MN FIGURE 1 85TH AVENUE TRAIL 66 54504114F101.dwg DATE:11/23/2005 COMM:545-04-114 �eonestroo Rosene � Anderlik & � Associates Engineers 8t Archftects I . CIFAR ZONE 2.0' MIN. 6' TOPSOIL (TYP) COMPACTED GENERAL FILL (TYP) — / 0 � v B' MIN�MUM 10.00' 1.00� 2.0� CLEAR ZONE � FENCE (WHERE SHOWN ON PLANS) �� _ - ^�-- MIN. 6' TOPSOIL (TYP) 2.5" TYPE LV4 WEARING COURSE MIXTURE (LVWE4503DB) 6" AC>GREGA'fE BASE CLASS 5 TYPICAL SECTION 1 (BEG) 8+93.4 TO 11+22.9 14+65.4 TO 18+43.9 21+44.5 TO 31+32.7 33+31.7 TO 36+94.5 39+95.9 TO 4�+78.3 42+72.1 TO 51+59.7 (END) 12.00' TYPICAL SEC110N 2 (,HELICAL PILE) 11+22.9 TO 14+65.4 18+43.9 TO 21+44.5 31+32.7 T� 33+31.7 36+94.5 TO 39+95.9 40+78.3 TO 42+72.1 SCHED. 40 PIPE / SLEEVE BRACKETS PIER PER R WALMART EASEMENT � eonestroo Rosene ° Anderlik & FRIDLEY, MN FIGURE 2 � Associates 85TH AVENUE TRAIL E�9jneers 8� A►c►��tects 54504114G105.dwg DATE:11/23/2005 COMM�545-04-114 � � cmr aF FRIDCEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 William W. Burns, City Manager� John Berg, Fire Chief July 25, 2007 Change Orders for Rescue Trucks During the pre-production meetings with Rosenbauer Firefighting Technology (General Safety Fire Apparatus) the Fire Department identified and requested change orders associated with construction of two rescue trucks. There are three attached change orders for each of the two rescue trucks that represent the changes requested and include both credits and debits. The items, in general, are: 1. 2. 3. 4. 5. 6. 7, Addition of running boards to one chassis. The running boards were not included on the chassis when purchased from the Ford Dealer. Adding "grip strut inserts" to the rear steps of each truck to provide traction to prevent people from slipping and falling. This was added after General Safety specified an "aluminum treadplate" rear bumper which can be slippery in wet or cold conditions. Addition of a"storage slot" for the "stokes rescue basket" on each truck. This was not included in the City bid specification. Addition of an "SCBA module" on each truck for the purpose of storing and transporting Self Contained Breathing Apparatus air cylinders. This was not included in the City bid specification. Deletion of an AC breaker box, two 110 volt receptacles, two amber lights, and a license plate light on each truck. The first change order requested changing the General Safety specified "aluminum treadplate" body panels to the City specified "smooth aluminum" "painted" body panels. After contemplating the additional cost ($3,182) of painting the body panels the Fire Department requested in Change order 3 that the trucks be built to the General Safety specification. Deletion of the proposed switch to provide rear scene lighting through the back up lights. The total cost to the City of Fridley for the changes requested by the Fire Department is $790.00. Recommend the City Council approve the Pre-Production Change Orders 1— 3 for JOB #: 2731 (wh) and Pre-Production Change Orders 1— 3 for JOB #: 2732 (wh) for two rescue trucks in the amount of a debit totaling $790.00. .: Pre-Production Changes Fridley Fire Department - Mini Rescue (4-door) rosenbauer Ff�effghting T¢chna/ogy � DATE: See Below (ltems below are incorporafed into shop order) JOB #: 2732 (wh) We hereby agree to make change(s) specified above at this price $3,024 PREVIOUS CONTRACT AMOUNT $62,595 REVISED CONTRACT AMOUNT $65,619 Due to lead times of components and in fabrication this Change Order may delay delivery. ACCEPTED - The above price and specifications of the Change Order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless othervvise stipulated. Signature (contractor) Signature (fire department) • � Date accepted Date accepted 651 4621 7 00 Rosenbauer Generei Div 16:13:49 07-24-2007 4 t5 CHANGE ORDER # 2 Fridley Fire Department • Mini Rescue (4-door) Ffraf/ghtlny Technologr� DATE: July 23, 2007 JOB #: 2732 (wh) We 1�ereby agree to make change(s) specified aboue at this price {$641) PREVIOUS CONTRACT AMOUNT $65,619 REVISED CONTRAC7 AMQUNT $64,978 Due to lead times of components and in fabricatio� this Change Order may delay delivery. ACCEPTED - The above price and specifications of the Change Order are sajisfactory and are hereby accept�d. All work to be performed under same terms and conditlons as specified in originai contract uniess othenaise sNpulated. �nre [i•J accepted accepted � I_ I . 65146`L1700 Rosenbauer General Div rosenbaue� Firef/�►htlny Technalogy 16:14:23 07-24-200T CHANGE ORDER # 3 Fridley Fire Department - Mini Rescue (4-door) DATE: July 24, 2Q07 JOB #: 2732 (wh) Wa hareby agree to make change(s) specified sbove at fhis price PREVIOUS CQNTRACT AMOUNT REVISED CONTRACT AMOUNT Due Eo lead times of components and in Eabrfcation thGs Change Order may delay deliyery. ACCEPTED - The above price and specificaHons of the Change O►der are satisfactory and are hemby accepted. Ail work to be performed under same terms and conditions as specified in originat contract unless othervvise stipulated. Signature (cont�actor) Sig�afure (fire 71 Date accep�d �$1,743� $64,978 $63,235 5 75 rosenbauer Flref/ghi/ng Technology Pre-Production Changes Fridley Fire Department - Mini Rescue (2-door) DATE: See Below (Items below are incorporafed into shop order) JOB #: 2731 (wh) We hereby agree to make change(s) specified above at this price PREVIOUS CONTRACT AMOUNT REVISED CONTRACT AMOUNT Due to lead times of components and in fabrication this Change Order may delay delivery. ACCEPTED - The above price and specifications of the Change Order are satisfactory and are hereby accepted. All work to be performed under same terms and conditions as specified in original contract unless otherwise stipulated. (contractor) Signature (fire depa�tment) 72 Date accepted Date accepted $2,534 $62,595 $65,129 0 � I _ I ._ , fi514621700 Rosenbauer General Div rasenbauer Flref/ghf/ng Technology 16:12:49 07-24-2UU7 CHANGE ORDER # 2 Fridley Fire Department - Mini Rescue (2-door) DATE: July 23, 2007 JOB #: 2731 (wh) Wehereby agree to make change(s).spe�ed above at this p�ice PREVIOUS CONTRACT AMOUN7 REVISED CONTRACT AMOUNT Due to lead times of oomponents and ia fiabrication this Chenge Order may delay delivery. ACCEPTED - The aboVe price and speciflcations oF the. Change Order are satisfactory and are hereby accepted. All work to tre pBrformed under same terms artd conditions as specified in original contrdct unless olherwise stiputated. 5ignaUxe (crontractor) SignaUne 73 accepted ($649) $65,129 $64,488 z �s 6514621700 Rosenbauer Generel Div rosenbauer FI[eflqhtfng Technalogy 16:13:23 07-24-2007 CHANGE ORDER # 3 Fridley Fire Department - Mini Rescue (2-doorj DATE: July 24, 2007 J�B #: 2731 (wh) We hereby egree to make change(s) specifred above at fhis prtce PREVIOUS CONTRACT AMOUNT REVISED CONTRACT AMOUNT Due to lead times of compone�ts and in falx'�cation this Change Order may delay �elivery.. ACCEPTED - The above price and specif'�cafrons of the Change Order are satisfactory and are hereby aecepted. A!! work to be perFartned under same terms and cond6ons as specifed in original contract untess otherwise stipulated. Signature 74 Date accepted accepted {$9,7A3) $64,488 $82,745 3 15 0 � � GTY OF FRIDLEY - TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 William W. Burns, City Manager � �� Deborah K. Dahl, Human Resources Director Y�"r August 9, 2007 SUBJECT: 2008 Council Salaries Attached for first reading is an ordinance to increase Council salaries by three percent (3%) effective January l, 2008. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley City Charter. The annual salaries for the Mayor and Councilmembers during 2008 shall be as follows: Mayor: $10,530.56 Councilmember-at-Large: $ 8,649.68 Councilmember (Wards I, II and III) $ 7,647.15 Staff recommends Council's approval of the first reading of this ordinance. Attachment 75 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY � The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 2008 and subsequent years sha11 be as follows: Mayor $10,530.56 Councilmember-at-Large $ 8,649.68 Councilmember, Ward I $ 7,647.15 Counciltnember, Ward II $ 7,647.15 Councilmember, Ward III $ 7,647.15 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full- - I time authorized employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2007. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: Publication: 76 SCOTT J. LLJND - MAYOR � � : �: City of Fridley Salary Comparisons (Mayor) 2007 LMC Salary Survey (July 2007) Cities with population 15 Albert Lea Andover Apple Valley Austin Brooklyn Center Champlin Chanhassen Chaska Columbia Heights Cottage Grove Crystal Edina Elk River Faribault Farmington Forest Lake IFridley Golden Valley Ham Lake Hastings Hopkins Mankato Maplewood Moorhead New Brighton New Hope Northfield Owatonna Prior Lake Ramsey Red Wing Richfield Rosemount Roseville Savage Shoreview South St. Paul 18,184 Southeast 30,207 Metro 48,832 Metro 23,702 Southeast 27,901 Metro 23,860 Metro 22,017 Metro 23,216 Metro 18,288 Metro 33,529 Metro 22,306 Metro 46,896 Metro 22,550 Central 22,733 Southeast 17,495 Metro 17,424 Metro 26,603 Metro 20,355 Metro 15,005 Metro 22,001 Metro 17,389 Metro 35,493 Southeast 36,397 Metro 35,225 Northwest 22,325 Metro 20,904 Metro 19,413 Central 24,725 Southeast 21, 542 Metro 22,059 Metro 16,329 Southeast 33,099 Metro 20,207 Metro 33,969 Metro 25,065 Metro 26,093 Metro 20,024 Metro 77 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 $12,000.00 $9,500.00 $10,584.00 $9,000.00 $10,732.00 $9, 550.00 $6,000.00 $5,880.00 $9,000.00 $9,216.00 $9,692.30 $7, 051.00 $10,000.00 $6,480.00 $5,040.00 $6,500.00 $10,223.85 $11,619.00 $6,000.00 $8,400.00 $6,000.00 $12,000.00 $11,752.00 $19,476.00 $8,600.00 $10,672.00 $9,600.00 $9,000.00 $7,700.00 $8,000.00 $9,644.96 $9, 360.00 $5,500.00 $9, 300.00 $8, 000.00 $8,376.00 $10,200.00 City of Fridley Salary Comparisons (Mayor) 2007 LMC Salary Survey (July 2007) Cities with population 15,000-50,000 St. Louis Park Willmar Winona Peer Citv Averaqe 44,569 Metro 18,948 Central 27,324 Southeast Average : 1 1 1 $10,985.00 $9,600.00 $9,290.00 $9,138.10 $9.927.90 �: � City of Fridley Salary Comparisons (Council Member) 2007 LMC Salary Survey (July 2007) Lea �dria Apple Valley Austin Bemidji Brainerd Brooklyn Center Buffalo Cass County Champlin Chanhassen Chaska Cloquet Columbia Heights Cottage Grove Crystal East Bethel Edina Elk River Fairmont Faribault Farmington Fergus Falls Forest Lake Fridley Golden Valley Ham Lake Hastings Hopkins Hutchinson I Little Canada Mankato Maplewood Marshall Mendota Heights Monticello Moorhead 18,184 Southeast 11,323 Central 30,207 Metro 48,832 Metro 23,702 Southeast 13,074 Northwest 93,947 Central 27,901 Metro 13,776 Central 28,943 Central 23,860 Metro 22,017 Metro 23,216 Metro 11,714 Northeast 18,288 Metro 33,529 Metro 22,306 Metro 12,142 Metro 46,896 Metro 22,550 Central 10,720 Southwest 22,733 Southeast 17,495 Metro 13,949 Central 17,424 Metro 26,603 Metro 20,355 Metro 15,005 Metro 22,001 Metro 17,389 Metro 13,977 Central 10,082 Metro 35,493 Southeast 36,397 Metro 13,031 Southwest 11,566 Metro 11,136 Central 35,225 Northwest 79 6 5 4 4 7 6 7 4 4 5 4 4 4 6 4 4 5 4 4 4 5 6 4 8 4 4 4 4 6 4 4 4 6 4 6 4 4 8 $8,000.00 $5,147.00 $7, 500.00 $7, 560.00 $6,600.00 $10,000.00 $6,600.00 $8,217.00 $3,440.00 $23,617.76 $6,610.00 $4,800.00 $4,680.00 $7,200.00 $7, 800.00 $6,780.00 $7,456.17 $5,700.00 $5,101.00 $7,000.00 $2,400.00 $5,820.00 $4,020.00 $7,800.00 $5, 500.00 $7,208.00 $8,696.00 $4,900.00 $6,000.00 $4,600.00 $5,278.00. $3,600.00 $6,000.00 $10,343.00 $5,216.00 $4,200.00 $4,200.00 $10,212.00 City of Fridley Salary Comparisons (Council Member) 2007 LMC Salary Survey (July 2007) New Brighton New Hope New Ulm North Branch North Mankato North St. Paul Northfield Otsego Owatonna Prior Lake Ramsey Red Wing Richfield Robbinsdale Rosemount Roseville Sartell Savage Shoreview South St. Paul St. Louis Park St. Michael St. Peter Vadnais Heights Willmar Winona � Peer Citv A 22,325 Metro 20,904 Metro 13,610 Southwest 10,468 Central 12,817 Southwest 11,776 Metro 19,413 Central 11,660 Central 24,725 Southeast 21,542 Metro 22,059 Metro 16,329 Southeast 33;099 Metro 13,698 Metro 20,207 Metro 33,969 Metro 13,917 Central � 25,065 Metro 26,093 Metro 20,024 Metro 44,569 Metro 14,698 Central 10,887 Southeast 13,019 Metro 18,948 Central 27,324 Southeast 11,349 Southwest Average :1 4 4 5 4 4 4 6 4 7 4 6 7 4 4 4 4 4 4 4 6 6 4 6 4 8 6 5 $7,000.00 $7, 553.00 $4, 800.00 $1,080.00 $5, 300.00 $5,200.00 $7,200.00 $3,600.00 $7,200.00 $6,200.00 $6,000.00 $7,419.36 $7,266.00 $8, 097.00 $4,800.00 $7, 020.00 $4,000.00 $5,000.00 $6,204.00 $6,600.00 $7,165.00 $0.00 $3,900.00 $6,000.00 $6, 300.00 $6,613.00 $6,000.00 $6,297.22 .64 � � � AGENDA ITEM COUNCIL MEETING OF AUGUST 13, 2007 CffY OF FRIDLEI' CLAIMS 132795 -133089 � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 �°F LICENSES FRIDLEI' Contractor T e A licant A roved B Fireside Hearth and Home Gas John Sachen Ron Julkowski, CBO Granite City Roofing Inc Roofing Charles O'Neill Ron Julkowski, CBO Imaginality Inc Si n Erector Jon Musco lat Ron Julkowski, CBO KB Mechanical Gas/HVAC Bill Miller Ron Julkowski, CBO M A Morteson Company Commercial/Specialty Jeffrey Martin Ron Julkowski, CBO Morcon Construction Co Inc Commercial/Specialty Justin Gunderson Ron Julkowski, CBO Oprimum Mechanical Systems Inc Gas/HVAC Randol h Peterson Ron Julkowski, CBO Practical S stems Gas/HVAC Jeff Kline Ron Julkowski, CBO Sterling Design HVAC Guy McCarthy Ron Julkowski, CBO Swift Mechanical Inc HVAC Chuck Wark Ron Julkowski, CBO White Bear Mechanical HVAC Scott Howe Ron Julkowski, CBO Yale Mechanical Gas/HVAC Jennifer Martindale Ron Julkowski, CBO � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 ESTI MATES Standard Sidewalk 10841 Mankato Street N.E. Blaine, NIN 55434 2007 Miscellaneous Concrete Repairs #370 Estimate No. 2 ............................................... Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 2007 Street Improvement Proj ect No. ST. 2007 — 1 EstimateNo. 2 ....................................................... $ 17,645.94 $ 352,102.07 � AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 13, 2007 CffY OF FRIDLEI' INFORMAL STATUS REPORTS