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06/08/2009 - 4544� � �ffY �F FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 18, 2009 NEW BUSINESS: 1. Variance Request, VAR #09-01, by Harold Voth, HDR Engineering, Inc., on behalf of Minneapolis Water Works, to Reduce the Front Yard Setback from 35 Feet to 13 Feet to Allow the Construction of a Dewatering Plant Improvement Project, Generally Located at 4300 Marshall Street N. E. (Ward 3) ............................................................................................................ 2. Variance Extension Request, VAR #09-02, by John and Caroline Krack, to Reduce the Rear Yard Setback from 25 Feet to 18 Feet 9 Inches to Allow the Construction of a 20 Foot by 23 Foot Living Addition Off the Back of the Existing Home, Generally Located at 7629 Lakeside Road N. E. (Ward 2) ............................................................................................................ 1-11 12-13 FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Approve Agreement for Residential Recycling Program between the City of Fridley and the County of Anoka ....................................................................... 14 - 20 4. Approve Change Order No. 1 for the 85t" Avenue Trail Project No. ST2007-4 ............................................................ 21 - 22 5. Resolution Authorizing Adoption and Execution of a Mutual Aid Agreement Between the Minnesota Department of Natural Resources and the City of Fridley FireDepartment ................................................................................................. 23 - 29 6. Resolution Authorizing Adoption of Anoka County Mutual Aid Agreement for the Use of Fire Department Personnel and Equipment Between Municipalities in Anoka County ......................................................... 30 - 34 7. Claims ....................................................................................................... 35 8. Licenses ....................................................................................................... 36 - 38 9. Estimates ....................................................................................................... 39 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COUNCIL MEETING OF JUNE 8, 2009 PAGE 3 NEW BUSINESS: 10. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA#09-01, by Premier Central 65 Partners, to Rezone from M-2, Heavy Industrial, to R-3, General Multiple Units, Generally Located at 7011 University Avenue N. E. )(Ward 1) .......................................................................................... 40 - 41 11. Approve Memorandum of Understanding for the Reconstruction of County Road 132 (85t" Avenue) 12 from 1450 Feet West of Springbrook Drive to TH 47 in the Cities of Blaine, Coon Rapids and Fridley................................................................................................................... 42 - 49 Informal Status Report .......................................................................................... 50 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY MAY 18, 2009 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Richard Pribyl, Finance Director James Kosluchar, Public Works Director Fritz Knaak, City Attorney Scott Hickok, Community Development Director APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES: Local Board of Appeal and Equalization Meeting of Apri127, 2009 City Council Meeting of Apri127, 2009 City Council Meeting of May 4, 2009 APPROVED NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of May 6, 2009. RECEIVED. 2. Receive Bids and Award Contract for Elevated Water Tower No. 1 Rehabilitation Project No. 382. William Burns, City Manager, said five bids were opened on May 12, 2009. The low bid was received from Odland Protective Coatings, Inc., of Rockford, Minnesota, in the amount of $443,000. $512,000 was budgeted for this work The bid was a prevailing wage bid as required FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 2 by bid documents. References have been checked and they are excellent. The work will start on July 6, 2009. Staff recommends Council's approval of the bid to the low bidder. RECEIVED BIDS AND AWARDED CONTRACT FOR ELEVATED WATER TOWER NO. 1 REHABILITATION PROJECT NO. 382 TO ODLAND PROTECTIVE COATINGS, INC. 3. Claims (141596 —141805). APPROVED. 4. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 5. Estimates. APPROVED THE FOLLOWING ESTIMATES: Shank Contractors, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Improvements Proj ect No. 379 Estimate No. 5 ..................................................................................$ 88,484.40 Colt Construction Services, LLC 285 Forest Grove Drive, Suite 126 Pewaukee, WI 53072 85th Avenue Trail Project Proj ect No. ST. 2007-4 Estimate No. 3 .................................................................................. $ 249,605.41 Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 Miscellaneous Concrete Repair Proj ect No. 3 84 EstimateNo. 1 .................................................................................. $ 4,780.00 FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda removing Items 7, 8, and 9. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Councilmember Bolkcom thanked the Lions and others who volunteered to help paint the Banfill-Locke Center this past week It looks great. PUBLIC HEARINGS: 6. Consideration of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #09-01, by Premier Central 65 Partners, to Seek Four Land Use Actions in Order to Allow for the Redevelopment of Property, Generally Located at 7011 University Avenue N.E.) (Ward 1) MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:40 P.M. Scott Hickok, Community Development Director, said the petitioner is seeking four separate land use actions from the City of Fridley. 1. A rezoning request from M-2 to R-3; 2. A plat request to split one large, 14-acre parcel into two parcels; 3. A special use permit request to allow for the construction of a 50,000 sq. ft. medical clinic on the southern lot; and, 4. A special use permit request to allow the construction of a senior living facility on the northern lot. FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 4 Mr. Hickok said Premier Properties is proposing to construct a 4-story (over enclosed garage) senior living complex. The proposed development will consist of 176 total residential dwelling units for senior citizens. The clinic will be a 2-story, 50,000 square foot building, with a brick, glass and stucco-like exterior. Parking for physicians will be provided in a parking lot west of the proposed building, while patient parking will occur on the east side of the building. Joint access will run through the center of the lot. This joint drive will also serve as access to the City's fire training site and will replace the existing fire-training site access easement. A replacement easement has been offered by the developer but must be formalized through use of the appropriate descriptions, documentation and filing. Mr. Hickok said that a rezoning is being requested from M-2, Heavy Industrial, to R-3, Multi- Family. The proposed rezoning is being sought to allow for the redevelopment of the site. The proposed medical clinic and senior proj ect meets several of the obj ectives that the residents of Fridley identified in the visioning sessions for the 2030 Comprehensive Plan update. This update is before the Met Council for approval at this time and staff expects to have the final review before the City Council in June of 2009. Mr. Hickok said only about 8% of Fridley's housing is of the townhome or condominium structure type, yet 23% of Fridley's residents were over age 55 in 2000, and that percentage is growing. To accommodate Fridley's senior citizens' desires to live in maintenance-free housing, more types of senior housing need to be constructed. The R-3 classification chosen by the petitioner is acceptable, since it is an expansion of a district that already exists (Woodcrest Baptist Church) and it does not require extraordinary considerations. Both nursing and convalescent homes and medical centers are permitted as special uses in an R-3, Residential District. This request passes the test for a rezoning because it matches the Comprehensive Plan vision for redevelopment and it does represent an expansion of the R-3, Multi-Family Residential District. Mr. Hickok said the proposed replat will create two lots. Since, the petitioner is seeking a rezoning to R-3, Multi-Family, City staff has asked the petitioner to design their projects to meet the CR-1 standards for the medical clinic and the R-3 standards for the senior development. The petitioner is proposing to construct a 50,000 square foot medical clinic on Lot 2(southern lot). A medical clinic of this size would require 300 parking stalls. The petitioner proposes to construct 300 parking stalls on site. All other code requirements, including but not limited to, setbacks and lot coverages are being met on this site. Mr. Hickok said the petitioner is proposing to construct a 4-story senior building along the west and north sides of Lot 1, with an attached 1-story nursing home along the east side of the lot. City code requires that buildings in an R-3 zoning district not exceed 65 feet in height, when measured from grade to the mid-span of the roof. The petitioner's plans currently show the building at 60 feet to the peak, therefore meeting code requirements. Mr. Hickok said recent soil borings done on the site discovered that there is a high water table in the area where the senior building will be located. As a result, the petitioner may need to increase the height of the building to compensate for the high water table. The petitioner has expressed to staff that they are confident they will be able to comply with the maximum 65 foot FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 5 height limit. The proposed project is in compliance with lot coverage, parking and all setback requirements. Mr. Hickok said petitioner has not submitted a formal housing study. A memorandum from a housing analyst has been submitted to this development group indicating that there is a demand in the Fridley area for 240 beds (skilled nursing beds) of the nature proposed. They note that over the next five years, the level of units demanded now will likely decrease due to other competitive developments in the area that are now in some stage of planning or construction. Mr. Hickok said the City's 2030 Comprehensive Plan indicates that in 2005, the portion of University Avenue adjacent to the proposed Senior/Medical Facility project carried 34,000 vehicles per day. At this traffic level, it is carrying 3,000 less vehicles per day than its maximum design capacity. Using the State's range of 31,000 to 37,000 vehicle trips per day, the roadway is within specifications to function at a Level of Service (LOS) D. The 2030 Comprehensive Plan anticipates that University Avenue will be carrying over 38,000 vehicles per day by the year 2030, and would be above its design capacity. This project brings the roadway and its intersection at 69th Avenue and University Avenue closer to capacity, earlier than anticipated. As a result, MnDOT was asked to comment on the perceived or real impacts of the development. MnDOT's comments back to the City did not show any concerns related to the increase in traffic. The combination of uses on this site will not cause the need for changes at intersections, including signals. Mr. Hickok said petitioner held a meeting with the neighborhood regarding this project on Wednesday, April 29, 2009, at the Fridley Community Center. Approximately 50 people attended the meeting and the comments and questions were very positive. A couple questions were asked regarding the choice to place the clinic south and the residence north. The developer indicated that both end users preferred the site plan as proposed. A resident inquired whether truck traffic could be directed north, while cars continued to use the 69th Avenue intersection. The answer to this question is something that cannot be controlled by the developer of this site, but instead is a larger issue. The City's response would be that the roadways and intersections were designed to handle both, and signs likely would not be observed. Mr. Hickok said the Planning Commission held a public hearing for ZOA #09-01, PS #09-02, SP #09-03 and SP #09-04 on May 6, 2009. After receiving public comment and having a brief discussion, the Planning Commission unanimously recommended approval, with stipulations. City Staff recommends concurrence with the Planning Commission. Councilmember Bolkcom asked about the site plans and what the changes were because the stipulations mention a different date; March verses May. Mr. Hickok said that the one recommended is the most recent site plan and the one staff would like to see implemented. Councilmember Bolkcom commented that a lot of parking seemed to be in the area. She encouraged staff to take a look at the parking and try to allow more area to green space. She also FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 6 asked if that much parking was necessary because not many residents from the senior community would need parking. Mr. Hickok said that since the original site plan was proposed there has been a revision and a reduction has been made. More area will be added to green space which will soften the impact and create a nicer entrance into the senior proj ect. Councilmember Bolkcom noted if more parking is needed, it could be added later. She asked for clarification regarding the truck traffic and if they were referring to truck traffic in general or truck traffic related to this proj ect. Mr. Hickok said that staff did not attend the neighborhood meeting but his understanding was it related to truck traffic that currently exists. Councilmember Bolkcom said in the past, businesses close to residential areas would ask delivery trucks to go north before they go south. This is not a new request because it has been done in the past. Mayor Lund said that truck traffic seemed to be one of the biggest issues at the neighborhood meeting. Many people at the neighborhood meeting suggested reversing the two buildings. He asked Mr. Winkels to explain why it would not be possible to reverse the site plan. Jim Winkels, Amcon Construction, said that is where the medical clinic prefers to be and they also think it is better in terms of access and because that building will generate more traffic than the senior project. They also think that sharing parking between the properties will work best based on the current plan. Frank Dunbar, Dunbar Development Corporation, said the truck traffic was monitored and the office group indicated a preference for the south side. They also prefer the front yard to face the sun, so the area would not be as icy and to have the housing further away from the activities of the soccer fields. The truck traffic/noise issue was looked at after concerns arose from the neighborhood meeting. The senior housing developers are aware they will have to do something with the windows on the east side to block the industrial view and noise. Mayor Lund voiced his concern regarding the industrial properties to the north. He asked what assurances or guarantees were in place to address these issues once the building is constructed and changes cannot be made. He said Council is responsive to complaints and if citizens complain, how should the issues be addressed? Mr. Dunbar said this issue has been stated with the public and they have been candid and straight forward. The housing team will be investing $25.0 million in this project and would not do anything that would reduce the marketability or to serve customers. If the site plan was reversed, then Walker would not pursue building on the site. Mayor Lund asked how much time was spent at the site monitoring the traffic and noise situation. FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 7 Mr. Dunbar answered about'/z hour time periods during the day and evening hours but not after 9:00 p.m. or before 7:00 a.m. Councilmember Saefke asked what the name of the medical building was that was going to be on site. Mr. Winkels answered Multicare Associates. They were looking for alternatives for updated facilities. Mayor Lund said that the neighbors are in favor of this project but there is a concern about the noise. Mr. Winkels said that both entities involved with the development have spent time at the site and believe this is the best way to develop the project. Dean Suda, International Paper, said their company has no problem with the development but are concerned with noise and trucks that come from their company. Industrial Paper is a 24-hour operation and there are busy and slow times. Trains come through and blow their whistles at 3:00 a.m. or 5:00 a.m. or any time of day. He thinks the soccer field would create a more pleasant view than the industrial area. Mayor Lund commented the way the site plan is presented does allow more accessibility for parking. Councilmember Barnette said Industrial Paper has been very upfront about problems that may arise and the contractors say they understand the noise and it will not be a problem. It would be hard for the tenants to come back and say they were not aware it would be so noisy. The noise issue has been addressed, accepted and is on record. Mayor Lund said there is no guarantee that the noise issue will not come up once the facility is up and running. If complaints arise, International Paper may be asked if they are doing something different to cause more noise. Mr. Suda said they just wanted to go on record about the noise issues. Councilmember Bolkcom said people are aware of the noise issue and the facility is supposed to do more sound proofing and special window treatments to reduce the noise. Paul Gunderson, 412 Rick Creek Blvd., said that he lives three houses south of the ice arena and he is 100% in favor of this project. This project will be good for the neighborhood and good for the City of Fridley. Councilmember Bolkcom asked for further explanation of the park dedication fees. FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 8 Mr. Hickok said the normal procedure for park dedication is the City will ask for 10% of the land or cash for park dedication fees. Jack Kirk said in this case it would be better to have parking for the park and connections for walkways rather than the land or cash. Staff has requested this be included in the site plan. The developers are interested in cooperating. Councilmember Bolkcom asked if things did not get approved as is would anything other than the stipulations need to be changed. Mr. Hickok said if Council decided the land would be better than a parking lot exchange, it would affect the site plan and may cause some problems. Councilmember Bolkcom asked what the difference was between an R-3 and a development district. Mr. Hickok said that there would have been one less stipulation in a development district. The rezoning and plats would still be needed and a master plan would still need to be approved by Council. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:29 P.M. NEW BUSINESS 7. Preliminary Plat Request, PS #09-02, by Premier Central 65 Partners, to Allow the Creation of Two Lots from One Lot, Generally Located at 7011 University Avenue N.E. (Ward 1). This item was removed from the Agenda. 8. Special Use Permit Request, SP #09-03, by Premier Central 65 Partners, to Allow the Construction of a Medical Clinic on the South Half of the Subject Property Within an R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E. (Ward 1). This item was removed from the Agenda. 9. Special Use Permit Request, SP #09-04, by Premier Central 65 Partners, to Allow the Construction of an Independent Living, Memory Care and Nursing Home Facility on the North Half of the Subject Property, Within an R-3, Multi-Family Zoning District, Generally Located at 7011 University Avenue N.E. (Ward 1) This item was removed from the Agenda. FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 9 10. Resolution Authorizing Final Changes in Appropriations for the General Fund, Special Revenue Funds, and the Capital Improvement Fund for the Year Ended 2008. Rick Pribyl, Finance Director, said the adjustments are the result of the completion of the annual audit process for 2008. This housekeeping measure is similar to past year to eliminate any negative budget variances within each fund type. Mr. Pribyl said the bulk of the General Fund adjustments were due to the funding of increases in "annual leave time" which is what others consider sick time/vacation time, and also sellback of annual leave. GASB #45 requires the funding of any type of post employment benefit. Many of the adjustments to the Special Revenue Funds are due to the uncertainty of these funds because of their special activities. These types of funds are then budgeted at year-end instead of making quarterly adjustments to each of the funds. The Capital Improvement adjustments were due to a classification difference between the budget and the actual expenditure classification used to purchase the asset. Mayor Lund said towards the end of the year, after the City had planned and approved budgets, the Governor took back allocations and money spent leaving the City no possibility to cut budgets at that point. He asked what the LGA monies were for 2009. Mr. Pribyl said that an increase was received of about $1.3 million, but now that has been cut. MOTION by Councilmember Bolkcom to adopt Resolution No. 2009- . Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 11. Informal Status Reports. Councilmember Barnette said the Fridley Historical Society will have a walk down memory lane "Fridley Transit: From the Early Days Forward" on Tuesday, May 19 at 7:00 p.m. at the Fridley History Center. Everyone is invited to come and share comments and memories. Councilmember Bolkcom asked about the signal on 85th and Springbrook Drive and if it would be on the next meeting agenda. Jim Kosluchar, Public Works Director, said that staff is working with Anoka County and it should be on the next meeting agenda. Councilmember Bolkcom noted that Baggan's Pub cancelled their meeting. She said she was concerned and thought they should be meeting on a regular basis. Rick Pribyl, Finance Director, said staff initiated the meeting and Mr. Bisek was on vacation. Another meeting has been scheduled. FRIDLEY CITY COUNCIL MEETING OF MAY 18, 2009 PAGE 10 ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:50 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JUNE 8, 2009 June 3, 2009 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Variance Request, VAR #09-01, HDR Engineering, Inc. for Minneapolis Water Works INTRODUCTION Harold Voth, of HDR Engineering, Inc., who is representing Minneapolis Water Works, is requesting a variance to reduce the front yard setback for a Dewatering Plant Improvement Project at the Water Treatment Plant in Fridley at 4300 Marshall Street. The variance being requested is to reduce the setback from 35 ft. to 13 ft. to allow the construction of two new water clarifiers, in the location of an existing sludge storage tank, which currently sits 13 ft. from the front yard property line. APPEALS COMMISSION RECOMMENDATION At the May 27, 2009, Appeals Commission meeting, a public hearing was held for VAR #09-01. After a brief discussion, the Appeals Commission recommended approval of the front yard setback variance request, with the stipulations presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. STIPULATIONS 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 3. Review of clear zone by County Engineer for East River Road is recommended. City of Fridley Land Use Application VAR #09-01 May 27, 2009 GENERAL INFORMATION Applicant: HDR Engineering Inc. Harold Voth 701 Xenia Avenue South Minneapolis MN 55416 Requested Action: Variance reducing the front yard setback Existing Zoning: P (Public Facilities) Location: 4300 Marshall Street Size: 762,300 sq. ft. 17.5 acres Existing Land Use: Minneapolis Waterworks Surrounding Land Use & Zoning: N: Anoka Co. Park & P E: East River Road & ROW S:Minneapolis Emergency Management Center & P W: Mississippi River/ City Limits Comprehensive Plan Conformance: Use of property is consistent with plan Zoning Ordinance Conformance: Property is zoned P, Public though it is most similarto an M-2, Heavy Industrial use. Section 205.18.3.D.(1) requires a front yard setback of thirty-five (35) feet. Zoning History: ■ Property is an Auditor's Subdivision platted in 1939. ■ 1971 — Dewatering Plant constructed. ■ 1994 — Two buildings constructed. ■ 2003 — Gatehouse constructed. ■ 2004 — Service building constructed. ■ 2008 — Chlorine building constructed. Legal Description of Property: Lots 31 thru 35 Auditor's Subdivision #39, together with that part of Lot 36 Auditor's Subdivision #39 lying westerly of CSAH No. 1(AKA East River Road) except road, subiect to easement or record. Public Utilities: The building is connected. Transportation: 43�d Avenue and Marshall Street provide access to the property. Physical Characteristics: Lot consists of several building, parking areas, and wooded areas. SPECIAL INFORMATION SU M MARY OF PROJECT Mr. Voth, of HDR Engineering, Inc., who is representing Minneapolis Waterworks, which is located at 4300 Marshall Street, is requesting a variance to reduce the front yard setback from 35 ft. to 13 ft. to allow the removal of an existing sludge storage tank to be replaced with two new clarifiers at the same set back location. SUMMARY OF HARDSHIP "The alternate site (for construction of the clarifiers) is currently populated with a large stand of mature oak trees. This grove of oak trees is one of the signature characteristics of the Fridley Water Treatment plant and is an integral component of the wooded flora of the campus. Construction of new clarifiers in this location would require the removal of upwards of 30 of these trees, forever altering the nature of this wooded area. " - Harold Voth, HDR Engineering SU M MARY OF ANALYSIS City Staff recommends approval of the front yard setback variance request. ■ A hardship exists - alternate location would require removal of a large stand of mature oak trees. ■ Request will recognize an existing non- conformity. ■ Should not set a precedent for existing or Existing Tank (Proposed Location of Clarifiers) CITY COUNCIL ACTION/ 60 DAY DATE City Council — June 8, 2009 60 Day — June 22, 2009 Staff Report Prepared by: Stacy Stromberg VAR #09-01 REQUEST Harold Voth, of HDR Engineering, Inc., who is representing Minneapolis Water Works, is requesting a variance to reduce the front yard setback for a Dewatering Plant Improvement Project at the Water Treatment Plant in Fridley at 4300 Marshall Street. The variance being requested is to reduce the setback from 35 ft. to 13 ft. to allow the construction of two new water clarifiers, in the location of an existing sludge storage tank, which currently sits 13 ft. from the front yard property line. SITE DESCRIPTION/HISTORY � `� ` £ � The subject property is located on the west ':. ��, side of East River Road and is south of ; ` �' r Interstate 694 and Riverfront Park, which is }' � !, owned by Anoka County. It is zoned P, ' �' ,� t' Public Facilities as are the properties north t �' and south of the subject property. The ! t, Mississippi River is west of the property ��� and industrially zoned land is across East � ' ' " River Road to the east. The Dewatering Facility was originally constructed by the City of Minneapolis in 1971. Several additional buildings have been constructed on the site since then, with 3 buildings being constructed over the last 6 years. PROJECT DESCRIPTION — also see attached report from the petitioner According to the petitioner, "Water treatment at the Fridley Water Treatment Plant includes a step in which hardness is removed from the water though a lime-softening process. This process generates large quantities of dilute lime sludge that must be dewatered prior to its removal from the site. This dewatering process takes place in an existing building that consists of two clarifiers to thicken the sludge. The thickened sludge is then fed to the centrifuges, which extract additional water to the point that the sludge can be trucked from the site. It is then applied to farm fields as an agricultural soil amendment. The existing facility was built in 1971 and much of the original equipment is nearing the end of its useful life. This project will include an addition to the existing building for the installation of new sludge dewatering equipment. It will a/so include construction of two new clari�ers to provide increased capacity to meet increasing water demand. The proposed location of the new clarifiers is adjacent to the existing clarifiers between the building and East River Road. Construction of the clarifiers in this location will require a setback from the property line of 13 ft., which is less than the 35 ft. required by the zoning ordinance." CODE REQUIREMENTS City Code requires that properties zoned P, Public Facilities; follow the lot requirement and setback requirements that are comparable to other similar uses that are allowed in other districts. The Minneapolis Water Works facilities use would most closely be related to an industrial use. As a result, staff has determined that the site should use the M-2, Heavy Industrial standards for lot and setback requirements. The M-2 zoning district requires a 35 ft. front yard setback. The existing sludge storage tank is 13 ft. from the front yard property line, which is deficient in meeting the front yard setback requirements. The petitioner plans to remove the existing sludge storage tank and construct two new clarifiers in the same location, 13 ft. from the front yard property line. The petitioner notes that there are two viable locations for the construction of the new clarifiers. The first of which is the proposed location connected to the east of the existing dewatering building and the second location is north of the existing dewatering building. The petitioner has articulated in his hardship statement that the second location wouldn't require a variance; however it wouldn't be an optimal choice for them. This location is currently populated with a large stand of mature oak trees. According to the petitioner - "This grove of oak trees is one of the signature characteristics of the Fridley Water Treatment plant and is an integral component of the wooded flora of the campus. Construction of the new clarifiers in this location would require the removal of upwards of 30 mature oak trees, forever altering the nature of this wooded area." As a result, the petitioner is seeking a variance to reduce the front yard setback from 35 ft. to 13 ft. to allow the construction of two new clarifiers in the same location of the existing sludge storage tank. The petitioner has also explained in his narrative that the Minneapolis Water Works is committed to continue their dedication to maintain and expand the unique architectural theme that has defined the campus for over 80 years. As a result, the construction of the new clarifiers would have the appearance of two round towers complete with brick facing and clay tile roofs. A copy of the proposed elevations is in your packet for review. SUMMARY OF HARDSHIP "The alternate site (for construction of the clarifiers) is currently populated with a large stand of mature oak trees. This grove of oak trees is one of the signature characteristics of the Fridley Water Treatment plant and is an integral component of the wooded flora of the campus. Construction of new clarifiers in this location would require the removal of upwards of 30 of these trees, forever altering the nature of this wooded area." - Harold Voth, HDR Engineering RECOMMENDATION City Staff recommends approval of the front yard setback variance request. • A hardship exists - alternate location would require removal of a large stand of mature oak trees. • Request will recognize an existing non-conformity. • Should not set a precedent for existing or future properties. STIPULATIONS Staff recommends if the variance is approved, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 3. Review of clear zone by County Engineer for East River Road is recommended. CITY OF FRIDLEY APPEALS COMMISSION May 27, 2009 CALL TO ORDER: Vice Chairperson Jones called the regular meeting of the Appeals Commission to order at 7:05 p.m. ROLL CALL: MEMBERS PRESENT: Blaine Jones, Matthew Brown, Del Jenkins, and Christopher Anderson MEMBERS ABSENT: Brad Sielaff OTHERS PRESENT: Stacy Stromberg, City Planner Harold Voth, HDR Engineering Inc. APPROVAL OF MINUTES: December 10, 2008 MOTION by Commissioner Jenkins, seconded by Commissioner Brown, to approve the minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON JONES DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of public hearing notice for a variance, VAR 09-01, bv Harold Voth, HDR Engineering, Inc,. on behalf of Minneapolis Water Works to seek a variance to reduce the front vard setback from 35 feet to 13 feet, to allow the construction of a Dewaterin� Plant Improvement Proiect, �enerallv located at 4300 Marshall Street NE. MOTION by Commissioner Jenkins, seconded by Commissioner Anderson, to open the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON JONES DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:08 P.M. Stacy Stromberg, City Planner, stated Harold Voth, of HDR Engineering, Inc., who is representing Minneapolis Water Works, is requesting a variance to reduce the front yard setback for a Dewatering Plant Improvement Project at the Water Treatment Plant in Fridley at 4300 Marshall Street. The variance being requested is to reduce the setback from 35 feet to 13 feet to allow the construction of two new water clarifiers, in the location of an existing sludge storage tank, which currently sits 13 feet from the front yard property line. Ms. Stromberg stated the subject property is located on the west side of East River Road and is south of Interstate 694 and Riverfront Park, which is owned by Anoka County. It is zoned P, Public Facilities as are the properties north and south of the subject property. The Mississippi River is west of the property and industrially zoned land is across East River Road to the east. The Dewatering Facility was originally constructed by the City of Minneapolis in 1971. Several additional buildings have been constructed on the site since then, with three buildings being constructed over the last six years. Ms. Stromberg stated the existing facility was built in 1971 and much of the original equipment is nearing the end of its useful life. This project will include an addition to the existing building for the installation of new sludge dewatering equipment. It will also include construction of two new clarifiers to provide increased capacity to meet increasing water demand. The proposed location of the new clarifiers is adjacent to the existing clarifiers between the building and East River Road. Construction of the clarifiers in this location will require a setback from the property line of 13 feet, which is less than the 35 feet required by the zoning ordinance. Ms. Stromberg stated City Code requires that properties zoned P, Public Facilities; follow the lot requirement and setback requirements that are comparable to other similar uses that are allowed in other districts. The Minneapolis Water Works facility's use would most closely be related to an industrial use. As a result, staff has determined that the site should use the M-2, Heavy Industrial standards for lot and setback requirements. The M-2 zoning district requires a 35-feet front yard setback. The existing sludge storage tank is 13 feet from the front yard property line, which is deficient in meeting the front yard setback requirements. The petitioner plans to remove the existing sludge storage tank and construct two new clarifiers in the same location, 13 feet from the front yard property line. Ms. Stromberg stated the petitioner notes that there are two viable locations for the construction of the new clarifiers. The first of which is the proposed location connected to the east of the existing dewatering building and the second location is north of the existing dewatering building. Ms. Stromberg stated the petitioner has articulated in his hardship statement that the second location would not require a variance; however it would not be an optimal choice for them. This location is currently populated with a large stand of mature oak trees. The petition states in his statement, "This grove of oak trees is one of the signature characteristics of the Fridley Water Treatment plant and is an integral component of the wooded flora of the campus. Construction of the new clarifiers in this location would require the removal of upwards of 30 mature oak trees, forever altering the nature of this wooded area." Ms. Stromberg stated as a result, the petitioner is seeking a variance to reduce the front yard setback from 35 feet to 13 feet to allow the construction of two new clarifiers in the same location of the e�sting sludge storage tank. Ms. Stromberg stated the petitioner has also explained in his narrative that the Minneapolis Water Works is committed to continue their dedication to maintain and expand the unique architectural theme that has defined the campus for over 80 years. As a result, the construction of the new clarifiers would have the appearance of two round towers complete with brick facing and clay tile roofs. A copy of the proposed elevations is in your packet for review. Ms. Stromberg stated the following is the petitioner's summary of hardship: "The alternate site (for construction of the clarifiers) is currently populated with a large stand of mature oak trees. This grove of oak trees is one of the signature characteristics of the Fridley Water Treatment plant and is an integral component of the wooded flora of the campus. Construction of new clarifiers in this location would require the removal of upwards of 30 of these trees, forever altering the nature of this wooded area." 2 Ms. Stromberg stated City Staff recommends approval of the front yard setback variance request because of the following: • A hardship exists - alternate location would require removal of a large stand of mature oak trees. • Request will recognize an existing non-conformity. • Should not set a precedent for existing or future properties. Ms. Stromberg stated staff recommends if the variance is approved, the following stipulations be attached. 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 3. Review of clear zone by County Engineer for East River Road is recommended. Vice Chairperson Jones asked about the last stipulation, review of clear zone, what does that mean? Ms. Stromberg replied our City Engineer wanted to make sure the County Engineer is okay with the setback of the clarifiers at 13 feet from the properiy line as far as safety goes, for example, to prevent any car accidents. This is just to make sure there is enough clear zone between the road and where the new building is going to be situated. Vice Chairperson Jones asked, as he recalls this is not a sight line issue or anything is it? Ms. Stromberg replied, no. Vice Chairperson Jones asked Mr. Voth if there is anything he would like to add to the staff report? Harold Voth, HDR Engineering Inc., replied, he would like to add that they accept the stipulations and think they are very workable. He has in fact spoken with the Anoka County Highway Department regarding setbacks, etc., and their response was that from their perspective there is not an issue before them. So as long as they satisfy the City of Fridley requirements, Anoka County would not have issues with that location. Commissioner Anderson asked if this is the last phase of the construction on this site? Mr. Voth replied, there may be additional improvements on the site in the future. This is the extent of the expansion of this facility in this location. It is anticipated that these will meet the process needs for this particular area for the foreseeable future. MOTION by Commissioner Brown, seconded by Commissioner Jenkins, to close the public hearing. UPON A UNANIMOUS VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON JONES DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:18 P.M. Commissioner Anderson stated he did not have any problem approving this variance request. He thinks it will look better when it is done and the overall nature of the area is mainly industrial. Commissioner Brown stated the request sounded good to him. Commissioner Jenkins stated he agreed with Commissioner Anderson. Vice Chairperson Jones stated he concurs. He thinks first of all it recognizes an existing non- conformity which is already there. Aesthetically it is going to be a big improvement, and also the function of it is going to meet the needs of the City of Minneapolis for a long period of time. Also, the trees get to stay. He does not really see any downside. MOTION by Commissioner Jenkins to approve a variance, VAR 09-01, by Harold Voth, HDR Engineering, Inc., on behalf of Minneapolis Water Works to seek a variance to reduce the front yard setback from 35 feet to 13 feet, to allow the construction of a Dewatering Plant Improvement Project, generally located at 4300 Marshall Street NE, with the following stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Landscape plan shall be reviewed and approved by City staff prior to issuance of a building permit. 3. Review of clear zone by County Engineer for East River Road is recommended. Seconded by Commissioner Anderson. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON JONES DECLARED THE MOTION CARRIED UNANIMOUSLY. Vice Chairperson Jones stated this will go to the City Council meeting on June 8, 2009. 2. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS Ms. Stromberg stated the City recently received a request for redevelopment of the Columbia Arena. The request went before the Planning Commission three weeks ago for a senior living facility and a medical office building. They already had their public hearing before the City Council. Now it will go before the City Council on June 8, 2009 for the first reading of the rezoning, and then it will go before the City Council again on June 22, 2009 for the second reading of the rezoning with the preliminary plat and two special use permits. 3. OTHER BUSINESS ADJOURNMENT: MOTION by Commissioner Brown, seconded by Commissioner Jenkins, to adjourn. UPON UANANIMOUS VOICE VOTE, ACTING CHAIRPERSON JONES DECLARED THE MEETING ADJOURNED AT 7:23 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 0 � � � � � � � � � � � z o� PI� Ig P IR v� � n G D � � (fA � � Z � � r � �/ T\ Y � � Z MWW DEWATERING BUILDING ��.�� FRIDLEY, MN Wken NcM1Recture, PA ,. �,���9m� �.. No�� ' u�� a���. uH ssw� an: (ei�) aso-aau ra:: teis7 eia-oo' � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JUNE 8, 2009 June 1, 2009 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Variance Extension Request, VAR #08-02, John and Caroline Krack INTRODUCTION On June 11, 2008, the Appeals Commission unanimously approved variance request, VAR #08- 02 to reduce the rear yard setback from 25 feet to 18 ft. 9 in. to allow the construction of a 20 foot by 23 foot living addition off the back of the home of John and Caroline Krack. The petitioner's home is located at 7629 Lakeside Road. After receiving approval of the variance last summer, the petitioner put the project on hold, but would now like to reactivate it and hope to begin construction this summer. As a result, the petitioner's would like to request a one-year extension. PLANNING STAFF RECOMMENDATION City Staff recommends approval of a one-year extension for the construction of the petitioner's addition until June 11, 2010. 15 May 2009 Gity of Fridley Planning Department 6431 University Ave. NE Fridley, MN 55432 Attn: Stacy Stromberg RE: Variance #08-02 Dear Stacy: As we discussed, I am requesting a 1-year e�ensian �n Variance #08-02, issued June 11, 2008, allowing reduction �f the rear-yard setback for construction �f an addition. We put the project on hold last year, but have now reactivated it, and are haping to begin construction somefiime this sumrner. Please advise if you need any additional infarmation, and let me know if I should appear at a City Council meeting to answer any questions. Thank you for your help. Cor ially, 1. �� � � ; �,. �, , �John L. Krack 7629 Lakeside Rd. NE Fridley, MN 55432 763-786-5876 krackj@gmail.com � � CffY OF FRIaLEI' AGENDA ITEM CITY COUNCIL MEETING OF JUNE 8, 2009 Date: June 4, 2009 To: From: Subj ect: William Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Rachel Harris, Environmental Planner An agreement for approval of the 2009 SCORE Grant for the recycling program BACKGROUND We have received the 2009 Anoka County Residential Recycling Agreement. This agreement allows us to receive up to $ 65,970.00 in state SCORE funds from Anoka County to subsidize the cost of our 2009 residential recycling expenses. This year's SCORE grant allocates a base of $10,000 and $ 5.00 per household for each municipality. The amount represents a funding decrease of 4 cents per household or $ 346.961ess than the 2008 amount of $ 66,316.96. As household numbers in all Anoka County municipalities fluctuate, so does the "per household" amount. Staff has reviewed the 2009 agreement attached and finds no noticeable language changes from previous agreements. RECOMMENDATION Staff recommends that the City Council approve the attached Anoka County Contract # 2008-0309 at its June 8, 2009 meeting. Staff further recommends that the City Manager be authorized to execute the contract. « . �� , �� � . CITY COUNCIL MEETING OF JUNE 8, 2009 TO: William W. E3urns, City Manager FR(�M: James �'. Kosluchar, Public Warlcs Director Layne R. Otteson, Assistant Public Worics Director DATE: June 8, 2009 SiJBJECT: 85`�' Avenue Trail �'roject ST2007-4 - Change Order #1 PW09-035 Attached is Change Order No. 1 for the 85`" Avenue Trail Pr�ject No. ST. 2007-4. This change order includes additional worlc outside of the original contract. The amount of this change order is $5,125.00. The first item is a one day lane closure on 85`�' Avenue across the railraad tracks. Burlingtan Northern Railroad Company installed concrete panels across the railroad tracks. The concrete panels provide pedestrian passage across the tracks which meet current Federal requirements of the Americans with Disabilities Act. The Railroad requires the lacal agency to provide the trafiic cantrol when they perform worlc at the request of the local agency. The cost of this work is $385.00. The second item is for additional erosion control along the trail. The soils adjacent tc� wetlands were found to be more susceptible to erosion than was expected. The cost af this work is $4,740.00. Recommend the City Council approve Change Order #1 to Colt Construction in the amourit of $5,125.00. The revised contract amount is now increased by $5,125.00 to $ 777,378.70. LRO Attachments 21 Page 1 of 1 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRID�EY, MN 55432 Colt Construction Services, LLC 285 Forest Grove Dr. Ste #126 Pewaukee, WI 53072 SUBJECT: Change Order No. 1— 85th Avenue Trail Project No. ST2007-4 Gentlemen: June 8, 2008 You are hereby ordered, authorized, and instructed to modify your contract for the 85th Avenue Trail Project No. ST2008-3 by adding the following work: Item No. Item Description Cost 1 Provide one day lane closure on 85th Avenue for concrete panel installation $385.00 by Buriington Northern. 2 Furnish and install 1,580 lineal feet of filter log straw type bioroll. $4,740.00 Totai $5,125.00 Submitted and approved by James Kosluchar, Direct�r of Public Works, on the 8th day of June, 2009. P. Kosluchar, Director of Public Works Approved and accepted this�'�day of���C� , 2009 by �.�� �� It Construction Services, LLC. Approved and accepted this�day of , 2009 by CITY OF FRIDLEY Scott J. Lund, Mayor 22 Wiiliam W. Burns, City Manager � � iJTY dF FRIaLE'f To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF June 8, 2009 William W. Burns, City Manager John Berg, Fire Chief June 1, 2009 Resolution Authorizing Adoption and Execution of Minnesota Department of Natural Resources Division of Forestry Cooperative Fire Protection Agreement The City of Fridley Fire Department and the Minnesota Department of Natural Resources rely on mutual aid when there are not sufficient personnel and/or equipment to control or extinguish wildland fires and structure fires related to wildland fires or deal with an emergency situation. The Minnesota Department of Natural Resources has written a resolution, or agreement, outlining conditions for fire departments located within the State of Minnesota to provide or receive resources to each other. This resolution has been reviewed and approved by the Anoka County Fire Protection Council. This agreement is especially important to the City of Fridley because the fire department no longer provides motorized equipment for the purpose of fighting wildland or grass fires. The Minnesota Department of Natural Resources has recourses including grass trucks, aircraft and trained personnel for the purpose of fighting wildland fires that may occur in areas that are otherwise inaccessible in the City of Fridley. Staff is recommending adoption of a resolution authorizing a Mutual Aid Agreement for the use of fire department personnel and equipment between the City of Fridley and the Minnesota Department of Natural Resources. RESOLUTION NO. 2009 - A RESOLUTION AUTHORIZING ADOPTION AND EXECUTION OF A MUTUAL AID AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE CITY OF FRIDLEY FIRE DEPARTMENT WHEREAS, the City of Fridley Fire Department and the Minnesota Department of Natural Resources rely on mutual aid when there are not sufficient personnel and/or equipment to control or extinguish wildland fires and structure fires related to wildland fires or deal with an emergency situation; and. WHEREAS, the Minnesota Department of Natural Resources has written an agreement outlining conditions for fire departments located within the State of Minnesota to provide or receive resources to each other; and WHEREAS, this agreement, as shown in Exhibit 1, has been reviewed and approved by the Anoka County Fire Protection Council; and WHEREAS, this agreement is especially important to the City of Fridley because the fire department no longer provides motorized equipment for the purpose of fighting wildland or grass fires; and WHEREAS, the Minnesota Department of Natural Resources has recourses including grass trucks, aircraft and trained personnel for the purpose of fighting wildland fires that may occur in areas that are otherwise inaccessible in the City of Fridley. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby approves the Minnesota Department of Natural Resources Division of Forestry and the City of Fridley Fire Department Anoka County Cooperative Fire Protection Agreement and hereby authorizes the City Manager and the Fire Chief to execute said agreement. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Resolution No. 2009-_ Page 2 Exhibit 1 Minnesota Department of Natural Resources Division of Forestry and the City of Fridley Fire Department Anoka County Cooperative Fire Protection Agreement THIS COOPERATNE FIRE PROTECTION AGREEMENT, is made and entered into by and between the State of Minnesota acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "DNR" and the City of Fridley Fire Department, hereinafter referred to as the "Fire Department," as authorized by M. S. 84.025. L PURPOSE The purpose of this Cooperative Fire Protection Agreement is to cooperate in the prevention and suppression of wildland fires as authorized under M.S. 88.04. Assistance will only be provided when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. IL STATEMENT OF MUTUAL BENEFITS AND INTERESTS The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland fire within the state. The Fire Department is responsible to prevent and extinguish all unwanted fires within its fire protection area. It is mutually advantageous and in the public's interest for the parties to this instrument to coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland fires and to cooperate in fire hazard reduction in and adj acent to areas of mutual responsibility. IIL THE FIRE DEPARTMENT SHALL: 1. Provide fully staffed and equipped fire fighting resources, when available for wildland fire suppression, as listed on the attached rate schedule. 2. Indemnify, save and hold the State, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the State, arising from the performance of this Agreement by the Fire Department or Fire Department's employees, agents or subcontractors. This clause shall not be construed to bar any legal remedies the Fire Department may have for the State's failure to fulfill its obligations pursuant to this Agreement. 3. Assume full responsibility, including legally required insurance and Workers' Compensation for all Fire Department personnel provided under this agreement. 4. Respond to all calls for wildland fires within the Fire Department's fire protection area when requested by the DNR. 5. Respond to additional wildland fire calls outside the Fire Department's fire protection area at the request of the DNR and at the discretion of the Fire Chief. 6. Submit a report to the DNR within 24 hours of any wildland fire on which the Fire Department takes independent action. Reporting can be in the form a DNR Fire Report Card, fax, e-mail, fire report form, DNR wildland fire invoice form, or other written communication that provides the same information as the Fire Report Card. } �>> NA-01966-04 3-1-2008 7. Submit an invoice to the DNR within 30 days of an incident for which the fire department is requesting reimbursement. Invoices beyond 30 days may not be honored. 8. Stay with all wildland fires until out, or released by a DNR incident commander, or until called to another incident within the Fire Department's protection area, provided the wildland fire is considered safely contained. 9. Be committed to protection of lives and buildings as its first consideration. 10. Through the Fire Department officers, determine its capabilities and assume final decision authority on commitment of its vehicles and personnel into any area of operation that is requested by DNR personnel. 11. Furnish all tools, equipment, supplies, fuels, and lubricants, except for those items furnished by the DNR, as stated in this Agreement. 12. Assist the DNR with distribution of fire prevention materials and wildland fire prevention presentations. Bill the DNR for wildland fire suppression at the agreed upon rate for fires that require more than two hours to suppress and/or DNR Forestry requests additional resources. When DNR Forestry, requests additional resources beyond the first 2 hours, hourly rates for specific requested equipment, as described in the attached Rate Schedule, will apply. Invoices must be submitted within thirty (30) days of the fire(s). IV. THE DNR SHALL: 1. Respond with specialized equipment for wildfire response, when possible, at the request of the Fire Chief or designate. This equipment includes, but is not limited to dozers, all terrain tracked vehicles, engines and aircraft. 2. Investigate violations of the burning laws of the State. (M S. 88.01 to 88.22 and 88.75) This includes billing the responsible party for all wildland fire suppression costs of the DNR, and the Fire Department if the DNR pays the Fire Department for responding to the fire. 3. Assist the Fire Department in obtaining Federal Excess Property, specialized equipment, or grants for improving their firefighting capabilities. 4. Assist the Fire Department with procuring and distributing fire prevention materials. 5. Provide wildland fire suppression training to the Fire Department as workload permits. 6. Reimburse the Fire Department for wildland fire suppression, according to the terms of this agreement. 7. Make reasonable effort to release the Fire Department as soon as possible to ensure that the Fire Department is available for other emergency response calls. (Delete options that are not used.) 8. (Optional) May replace or reimburse the Fire Department for the cost of Class A firefighting foam used on wildland fires, with final approval of the DNR Forester. 9. (Optional) Loan wildland firefighting tools, as available, to the Fire Department. V. REIMBURSEMENT POLICIES: 1. Lower rates may be negotiated for extended use at the Fire Department's discretion. } �>> NA-01966-04 3-1-2008 2. When the Fire Department is dispatched through its normal dispatch procedures, and not specifically requested by the DNR, the Fire Department shall only bill for wildland fire suppression lasting more than two (2) hours. For billable fire, lasting more than two hours, the fire department will be compensated at a flat rate of $350.00 for the first two hours beginning at the initial response time. 3. For hourly billing of equipment requested by DNR Forestry, time will be rounded to the nearest half hour. Billable time should begin when the Fire Department leaves its station and continue until it returns to its station. Time spent refurbishing and readying equipment for the next call shall not be included as billable time. 4. The fire chief and local DNR forester may discuss charges that are in question prior to submitting a final invoice for payment. 5. If the Fire Department is released by the DNR before the Fire Department has taken any suppression action on the fire, the Fire Department shall not submit a bill. 6. Attached rates shall be reviewed annually and may be changed with signature of the parties to this Agreement, or their successors in position. This Agreement is effective on the date of the last signature and is to continue in force for five (5) years or until terminated by either party giving thirty (30) days written notice to the other. Both parties should review this Agreement annually. Fire Department: /s/ Title: State of Minnesota Department of Natural Resources: /s/ Area Forester /s/ Regional Forest Manager (if required) Date: Date: Date: } �>> NA-01966-04 3-1-2008 2009 Suggested Rates for Minnesota Fire Department Equipment & Personnel Under Agreement with the Minnesota Department of Natural Resources, Division of Forestry ��• •� 1•� � � ' T e of E ui ment # of Crew Members E ui ment Rate/Hour lst 2 hrs as noted in as needed $350 /2 hours a reement En ine T e 1 4 $300 En ine T e 2 3 $200 En ine T e 3 3 $150 En ine T e 4 3 $150 En ine T e 5 3 $125 En ine T e 6 2 $100 En ine T e 7 2 $80 Water Tender T e 1 2 $200 Water Tender T e 2 2 $175 Water Tender T e 3 2 $150 Water Tender T e 4 2 $100 Fire Fi hters 1 $15 Fuel furnished by Fire Department. Federal Excess Property vehicles should be charged at a rate between'/2 to 3/4 of the rate, depending on addirional equipment and capabilities. Departure from the above rates requires Regional Forest Manager approval. � � � � � • Com onents 1 2 3 4 5 6 7 Pump Capacity (GPM) 1000+ 250+ 150 50 50 30 10 at rated ressure si 150 150 250 100 100 100 100 Tank Capacity (Gal.) 400+ 400+ 500+ 750+ 400- 150- 50- 750 400 200 Hose, 2'/z" feet 1200 1000 - - - - - Hose, 1'/z" feet 400 500 500 300 300 300 - *Hose, 1" feet - - 500 300 300 300 200 Ladder feet 48' 48' - - - - - Heav Stream GPM 500 - - - - - - Personnel minimum # 4 3 2 2 2 2 2 �. � . �- Pum , GPM 300 200 200 -- Tank Ca ./ Gallons 5000+ 2500+ 1000+ <1000 Personnel minimum # 2 2 2 2 } �>> NA-01966-04 3-1-2008 * Not necessary to meet minimum requirement for 1" hose, unless contracting to go outside of home area, as a wildland engine on a wildland incident or assignment where National Wildfire Coordinating Group (NWCG) standards are required. *Standby rates shall be equal to'/z of the work rate, and shall apply only if equipment and personnel are ordered by the DNR to be staged and available for immediate action. The above rates have been agreed upon by: Fire Department /s/ Area Forester /S/ Fire Chief /S/ Regional Forest Manager (if required) Rate Schedule Instructions: Date: Date: Date: DNR Area L In Anoka Countv, fire departments a�reed that onlv fires lastin� over 2 hours shall be billable. The first 2 hours on a billable fire would be at the $350 rate. After that time, with DNR Forestrv's approval, the per piece of equipment per hour rates would applv. On DNR administered lands, bills mav be submitted from the time of initial response. � � iJTY dF FRIaLE'f To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF June 8, 2009 William W. Burns, City Manager John Berg, Fire Chief June 1, 2009 Resolution Authorizing Adoption of Anoka County Mutual Aid Agreement The City of Fridley Fire Department and other municipal and private fire departments within Anoka County rely on mutual aid when there are not sufficient personnel and/or equipment to control or extinguish a fire or to deal with an emergency situation. The Anoka County Fire Protection Council has written a resolution, or agreement, outlining conditions for fire departments located within Anoka County to provide or receive resources to each other. This resolution has been reviewed and approved by the Anoka County Attorney. Staff is recommending adoption of a resolution authorizing a Mutual Aid Agreement for the use of fire department personnel and equipment between the City of Fridley and other municipal and private fire departments located within Anoka County. Page 2 RESOLUTION NO. 2009 - A RESOLUTION AUTHORIZING ADOPTION OF ANOKA COUNTY MUTUAL AID AGREEMENT WHEREAS, the City of Fridley Fire Department and other municipal and private fire departments within Anoka County rely on mutual aid when there are not sufficient personnel and/or equipment to control or extinguish a fire or to deal with an emergency situation; and WHEREAS, the Anoka County Fire Protection Council has written a mutual aid agreement, outlining conditions for fire departments located within Anoka County to provide or receive resources to each other; and Whereas, this mutual aid agreement, as shown in Exhibit 1, has been reviewed and approved by the Anoka County Attorney. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, that the City of Fridley hereby approves the Mutual Aid Agreement for the Use of Fire Department Personnel and Equipment between Municipalities in Anoka County and hereby authorizes the Mayor to execute said agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gTx DAY OF JUNE 2009. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK Resolution No. 2009- Page 3 Exhibit 1 MUTUAL AID AGREEMENT FOR THE USE OF FIRE DEPARTMENT PERSONNEL AND EQUIPMENT BETWEEN MUNICIPALITIES IN ANOKA COUNTY THIS AGREEMENT is made and entered into this day of , 2009, by and between the municipalities that have adopted a resolution as provided for in Section IX herein and have become signatories to this agreement or counterparts to this agreement. WHEREAS, the municipalities that have entered into this agreement desire to make available to each other its respective fire service equipment and personnel to assist other parties to this agreement when it has been determined that a municipality does not have sufficient personnel and/or equipment to control or extinguish a fire or to deal with an emergency situation. THEREFORE, it is mutually stipulated and agreed to as follows: L PARTIES TO AGREEMENT Any municipality within Anoka County with a fire department or that contracts with a private fire department is eligible to be a party to this agreement by adopting a resolution as provided for in Section IX herein and becoming a signatory to this agreement. A municipality or private fire department that becomes a party to this agreement is hereinafter referred to as municipality or collectively municipalities. IL PURPOSE Subject to the terms and conditions contained herein, the municipalities have agreed to provide mutual aid to each other in cases where the designated official has determined that the municipality has insufficient personnel and/or equipment to control or extinguish a fire or fires or to deal with an emergency situation. IIL DESIGNATED OFFICIAL Pursuant to Minn. Stat. 12.27, subd. 3, the undersigned municipality hereby designates its fire chief, or designee of the fire chief, as the officer who may dispatch equipment and personnel as considered necessary to deal with fire, hazard, casualty or other similar occurrence outside the municipality and by its suddenness would be impractical for the governing body itself to authorize the dispatch. IV. METHOD a. If in the judgment of the designated official the municipality has insufficient fire personnel and/or equipment to deal with a fire, hazard, casualty or other similar occurrence, an emergency shall exist for the purpose of this agreement, and the designated official may call upon the fire department of any party to this agreement for assistance. Resolution No. 2009-_ Page 4 b. Upon receipt of a call for assistance, the responding designated officer shall promptly dispatch at least one fire service apparatus with the usual number of personnel to assist with the emergency or to render stand-by service as the case may be; provided however, that no municipality shall be obligated to send its fire service equipment or personnel beyond its boundaries if, in the judgment of the municipality's designated officer, to do so would leave the municipality without sufficient fire service equipment or personnel available within its limits for service of any fire which might subsequently arise. In extreme emergencies, the municipalities agree to make every effort to redistribute fire service equipment and personnel so that it may be available for any additional needs which might arise during the emergency. c. The personnel and any fire or service equipment dispatched in response to the emergency shall upon arrival at the scene be under command of the officer in charge at the scene within whose boundaries the emergency is situated. V. INSURANCE Each of the municipalities that are a party to this agreement shall maintain insurance policies covering their own equipment and personnel while engaged in furnishing services under this agreement. VL PERSONNEL All personnel responding to an emergency under this agreement shall for all purposes remain and be considered employees of the municipality where they serve and shall not be considered employees of the municipality requesting emergency service. VIL LIABILITY No municipality, nor any officer or employee of such municipality, shall be liable to any other municipality or to any other person on account of the failure of the municipality to furnish its fire service equipment or personnel in response to an emergency. No liability shall be incurred by a municipality that has summoned assistance under this agreement for damage to, or destruction of fire service equipment of a municipality rendering such assistance unless such damage or destruction was caused by the negligent or malicious conduct of an officer or employee of the municipality that called for the emergency assistance. The receiving municipality may, but is not required to, reimburse the responding municipality for equipment and supplies used and compensation paid to personnel furnished during the time when the rendition of assistance prevents them from performing their duties in the responding municipality, and for the actual travel and maintenance expenses of the personnel while so engaged. A claim for loss, damage or expense in using equipment or supplies or for additional expenses incurred in operating or maintaining them must not be allowed unless, within 90 days after the loss, damage or expense is sustained or incurred, an itemized notice of it, verified by the designated official, is filed with the designated official of the receiving municipality. Resolution No. 2009- VIIL TERM Page 5 This agreement shall commence upon the approval and execution of the agreement by two or more municipalities as provided herein. Any municipality may withdraw from this agreement by giving thirty days' written notice thereof to the other municipalities that are then a party to this agreement. This agreement shall continue until such time as there is only one municipality remaining to the agreement, or upon mutual agreement of all municipalities then being a party to this agreement. IX. APPROVAL AND EXECUTION To become a party to this agreement a municipality shall adopt a resolution authorizing the municipality to respond to emergencies outside its limits, and have its governing body approve this agreement and the appropriate authorized officials from the municipality execute the agreement. X. ENTIRE AGREEMENT REQUIREMENT OF WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subj ect matter thereof. Any alterations, variations, or modifications of the provisions of this agreement shall be valid only when they have been reduced to writing and duly signed by the parties. XL COUNTERPARTS This agreement may be executed in counterparts by any municipality desiring to be obligated by the terms and conditions contained herein. IN WIT`NESS WHEREOF, the municipality has executed this agreement and set their hands on the date(s) written below: CITY OF By: Its: Dated: CITY OF By: Its: Dated: CITY OF By: Its: Dated: CITY OF By: Its: Dated: � AGENDA ITEM � COUNCIL MEETING OF JUNE 8, 2009 � �F CLAI MS FRIDLEY CLAIMS 141 �0� - 1420�2 � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 8, 2009 ��F LICENSES FRIDLEY TYPE (�F LICENSE: APPLICANT: ' ' APPROVED BY: ' Tree Removal-Treatment Nick's Tree Service Public Safet Nick Arrigo Public Works Massage Therapy Amy Ritter Public Safety Massage Therapy City Clerk Food Establishment India House Community Development Joginder Cheema Fire Inspector Public Safety Hong Kong Kitchen Community Development Xi Ming Guan Fire Inspector Public Safety Patio Endorsement D.B. Leighton's Pickle Park City Clerk Tom Tomaro Police Fire Planning Inspections Temporary 3.2% Malt Liquor Fridley Lions Club Public Safety Consumption Permit Dean Saba, Brian Towes, Harold Hinchliffe Locations and Dates: Commons Park June 26,27, 2009 Commons Park September 26, 2009 Music Festival/Public Dance Fridley 49'er Day Festival City Clerk License Peter Borman Commons Park Communit Develo ment Fire Inspector Public Safety Director TYPE C}F LICENSE: APPLICANT: APl'ROVEI� BY: Tem ora Food Sales Peter Borman for 49'r Da s Fire De artment Rich Taulelle, Food Or anizer Public Safet 6120 Trint Dr Communit Develo ment Carnival License Carnivals , Inc.dba Minnesota's Public Safet Ma ic Midwa , and Southern Fire Ins ector Fun Carnival, LLC Buildin Ins ector P.O. Box 969 Anoka, MN 55303 � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 8, 2009 ��F LICENSES FRIDLEY Contractor T e A licant A roved B A-1 Concrete Chimne Swee Fred VanDeVenter Ron Julkowski, CBO Aircare Heatin Jim Townsend Ron Julkowski, CBO Anderson Heatin & A/C Inc Heatin Pa Nelson Ron Julkowski, CBO As en Air Heatin John Bru eman Burggraff Construction Inc Commercial Tom Burggraff Ron Julkowski, CBO Clear Channel Outdoor Si n Erector Steve Schluck Ron Julkowski, CBO Dave's Heatin Air & Electric Heatin Dave Roberts Ron Julkowski, CBO David Wayne Construction Inc Commercial or David James Ron Julkowski, CBO S ecialt Duct Works Heatin & A/C Heatin Scott Sondrall Ron Julkowski, CBO E L Management Commercial or Edward Luna Ron Julkowski, CBO S ecialt Flare Heatin & A/C Heatin Rand Imker Ron Julkowski, CBO Galla her Heatin and A/C Heatin Chris Galla her Ron Julkowski, CBO Glen Bartells Contracting Commercial or Glen Bartells Ron Julkowski, CBO S ecialt Horizon Roofing Inc Commercial or Robert Jodsaas Ron Julkowski, CBO S ecialt Libert Comfort S stems Heatin Jim Bonniwell Ron Julkowski, CBO Sha Heatin & Air Heatin Flo d Joswick Ron Julkowski, CBO Standard Heatin & A/C Heatin Kent Lee Ron Julkowski, CBO Su erior Heatin A/C & Electric Heatin Mark Johnson Ron Julkowski, CBO Waste Oil Furnace Oil Service Janet Le er Ron Julkowski, CBO � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 8, 2009 � �F ESTI MATES FRIDLEY Newquist & Herrick Law Offices, P.C. 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Contract Retainer for June, 2009 Including Expenses ........................................................................... $ 24,397.50 Classic Protective Coatings N7670 State Highway 25 Menomonie, WI 54751 Water Tower #2 Rehabilitation Project No. 378 FINAL ESTIMATE ...................................................................... $ 11,494.00 Shank Contractors, Inc. 3501 — 85th Avenue North Brooklyn Park, MN 55443 Commons Park Water Treatment Plant Improvements Proj ect No. 379 Estimate No. 6 ................................................................................. $ 28,683.39 Colt Construction Services, LLC 285 Forest Grove Drive, Suite 126 Pewaukee, WI 53072 85th Avenue Trail Proj ect No. ST. 2007-4 Estimate No. 4 ................................................................................. $ 40,271.34 Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 Miscellaneous Concrete Repair Project No. 384 Estimate No. 2 ................................................................................. $ 30,996.79 Hardrives, Inc. 1475 Quiram Drive Rogers, MN 55374-9461 2009 Street Rehabilitation Proj ect No. ST2009-01 Estimate No. 2 ................................................................................. $247,405.00 � � CffY OF FRIaLEI' Date To AGENDA ITEM CITY COUNCIL MEETING OF JUNE 8, 2009 June 1, 2009 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: First Reading of Rezoning Request, ZOA #09-01, Premier Central 65 Partners LLC INTRODUCTION Jim Wnkels of Amcon Construction, on behalf of the petitioner, Premier Central 65 Partners, is requesting a Rezoning, ZOA #09-01. The current zoning of the subject property is M-2, Heavy Industrial. The petitioner is seeking to rezone the property to R-3, Multi-Family. PAST COUNCIL ACTION At the May 18, 2009, City Council meeting, a public hearing was held for ZOA #09-01. PLANNING COMMISSION RECOMMENDATION At the May 6, 2009, Planning Commission meeting, a public hearing ,'; was held for ZOA #09-01. After receiving public comment and a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #09-01. � THE MOTION CARRIED UNAMIOUSLY. W "� ur� —� ,� 1 PLANNING STAFF RECOMMNEDATION City Staff recommends the Council hold the first reading of an ordinance for the approval of the rezoning ZOA #09-01. ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 7011 University Avenue NE The Southeast Quarter of the Southwest Quarter EXCEPT the East 600 feet thereof, EXCEPT the South 400 feet thereof AND EXCEPT the North 50 feet lying west of the East 150 feet thereof, Section 11, Township 30 North, Range 24 West. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-2 (Heavy Industrial) to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22nd DAY OF JUNE, 2009. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: May 18, 2009 First Reading: June 8, 2009 Second Reading: June 22, 2009 Publication: . . �r ' ► � _ ���►�il CITY COUNCIL MEETING OF JUNE 8, 2009 TO: William W. Burns, City Manager��� � FROM: James P. Kosluchar, Public Works Director i�,�---''�'�`"��--` �� � SUBJECT: June 8, 2008 PW09-036 Memorandum of Understanding with Anoka County for the Reconstruction of 85th Avenue (County Road 132) The attached Memorandum of Understanding assigns responsibilities for the reconstruction of 85tn Avenue (County Road 132) and sets the overall agreements in principal with the objective of 1) continuing preparations for the project, and 2) establishing guidelines for a cost participation agreement. The memorandum is in conformance with Anoka County's standard cost participation agreement. The City of Blaine and the City of Coon Rapids will participate in this project as well through their own memoranda and future agreements with Anoka County. Anoka County has completed scoping and preliminary plans for the reconstruction of 85t" Avenue (County Road 132), and has programmed this project for 2010 construction. The project is proposed to remove the existing aged traffic signal system and replace it with a new signal system. Reconstruction work on County Road 132 will include construction of raised median channelization and of separate left turn and right turn lanes for each approach to Springbrook Drive (University West Service Drive). Work on County Road 132 is currently planned to extend approximately 1500 feet west of Springbrook Drive and approximately 600 feet east of Springbrook Drive, tying into the signalized intersection area at University Avenue (Trunk Highway 47). Upon completion of all reconstruction work, both eastbound and westbound County Road 132 will have raised medians and dedicated leftturn and rightturn lanes approaching Springbrook Drive, in addition to two separate through lanes. Work on Springbrook Drive is anticipated to include the removal of the south median to allow for left turn lanes to line up properly through the intersection area, restriping of each approach to County Road 132, and approach resurfacing to match grades of the revised intersection. The existing permanent signal system is being proposed by Anoka Couhty to be fully replaced to bring this signal system up to current design standards. The original signal system was installed more than 14 years ago and is in need of significant upgrades. Roadway modifications throughout the intersection area will also require significant modifications to the existing signal system. 42 The project also contains some drainage upgrades and rerouting associated with the project, most significantly addition of a stormwater detention pond. The City of Fridley will be the agency responsible for future maintenance of the stormwater pond, which is reasonable since it is within our MS4 boundary. The City of Coon Rapids has indicated that they will cost-share future stormwater system maintenance with the City of Fridley through a separate agreement. The City of Blaine is anticipated to participate in this stormwater maintenance agreement as well. The preliminary project cost estimate is just over $1.5 million. Of this, an estimated $132,200 is Fridley's cost share of the project. The City has budgeted $150,000 for the project in its draft 2010 CIP. However, Anoka County has advised that they plan to apply federal funding available to this project, which would substantially reduce the City of Fridley's funding requirement. The City has been revising plans under construction for the 85t" Avenue Trail and the University West Service Drive Resurfacing to allow conformance with the proposed plans with minimal reconstruction. Staff recommends the City Council approve the attached Memorandum of Understanding with Anoka County for the Reconstruction of 85th Avenue (County Road 132). �''1 . Attachments m MEMORANDUM OF UNDERSTANDING FOR THE RECnNSTRUCTION OF CnUNTY ROAD 132 (85TH AVF,NUE.) FROM 1450' WEST OF SPRINGBROOK DRIVE TO TH 47 IN THE CITIES OF SLAINE, COON RAPIDS, AND FRIDLE,Y. (SP 02-596-07) This Memorandum of tTnderstanding (MnTJ) is hetween the County af Anoka, State of Minnesota, a political sixbdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota, SS303, hereinafter referred to as "County", and the City of Fridley, a municipal corporation under the laws of the State of Minnesota, 6431 iJniversity Ave, Fridley, Minnesota SS432 hereinafter referred to as the "City". The parties to this preliminary MOiJ agree in principle that construction of County State Project No. 02-596-07 collectively referred to as the "Project" is in the best interest of the traveling public and that the Preliminary Layout as shown in Exhibit "A" defines the preliminary design of the Praject. It is agreed that the Exhibit "A" Layout dated February 24th, 2009 has been reviewed and accepted by the parties and is suitable for preparatian of final construction d�cuments. Any significant changes made hereafter to the design as presented in the Exhibit "A" Layout will require approval by the parties as an amendment to this MOU or addressed in a separate joint powers agreement that will formalize this MOIJ. These same changes will require a change in the cost share to include any additional design engineering cost that may occur. TRAFFIC SIGNALS: The parties agree that the signal system at the CR 132 and Springbroolc Drive intersection will be reconstructed and/or modified with this project. The parties agree that the cost of the reconstruction of the signal system at Springbrook Drive shall be at the split expense of the City of Blaine, the City of Coon Rapids, the City of Fridley, and Anolca County. The ongoing cost of the electrical power to the signal shall be the sole cost and expense of the above mentioned Cities RIGHT OF WAY: The parties agree that the County will acquire all necessary right-of-way and easements for the Project. Acquisition of any additional right-of-way and/or easements needed for improvements to the City street intersections beyond what is defined in the Exhibit "A" Layout will be the responsibility of the City. It is agreed by the parties that all necessary right of way and easements will be in legal possession of the Co�inty prior to acceptance of bids for the project. Any City owned property or easements required for the construction will be conveyed to the Caunty at no cost. �•. � . The City shall pay for a percentage of the cost of the storm sewer system, and their outlet structures. The City portion of the cost is based on contributing flow to the storm sewer system and detention basin determined by the product of the contributing area and runoff coefficient. The parties understand and agree that the maintenance of the completed storm sewer (except catch basins and catch basin leads), detention basins including ponds and their outlet structizres shall be the sole responsibility of the City. Page 1 oT�' TRAFFIC CONTROL: The parties understand and agree that CR 132 will be open to traffic. The construction will be done in stages and constructed under traffic. I1 _.I\�p : The parties agree that all driveways affected by the Project will be reconstructed in kind with the cost of any upgrades requested by the City including concrete aprons to be the responsibility of the City. LAN1)SCAPING/STREETSCAPING: The parties agree that if the City wishes to include landscaping or streetscape features in the project, they shall be designed in accordance with Anoka County Highway Department Landscape/Streetscape Guidelines. The City shall sizpply the plan sheets and specifications for the proposed landscape/streetscape. The total cost of the design as well as the construction cost over standard median will be at the expense of the requesting City or split between the requesting Cities. All construction documents m�ist be submitted to the Co�mty by September 1, 2009. IJTILITIES: The parties agree that the Exhibit "A" Layout does not include specific proposed utility locations. The City will be responsible for the design of any sanitary sewer and water main improvements, which will be incorporated in the project bid documents. The cost of the design and construction of these features will be the responsibility of the City. The City's design of the sanitary sewer and water main utilities are to inchzde plans, specifications, and estimated q�iantities and cost. All construction documents must be submitted to the County by September 1, 2009. PERMITS: The parties agree that the County will secure all necessary permits for this Project. � ,. iJpon acceptance and signatures by the parties of this MOU, a separate joint powers agreement for cost share and maintenance will be prepared by the County for execution by the City and the County prior to acceptance of bids for this project. The joint powers agreement to follow will formalize all estimated and actual cost shares. Exhibit `B" which outlines County policy for cost splits on construction projects. Page 2 0�'S COUNTY OF ANOKA By: Dennis Berg, Chairman Anoka County Board of Commissianers Dated: ATTEST: By: Terry Johnson Anoka C�unty Administrator Dated: RECOMMENDED FOR APPROVAL: By: Douglas W. Fischer, P.E. Anoka County Engineer APPROVED AS TO FORM AND EXECUTION: BY� �— Dan Klint Assistant Anoka County Attorney Page 3 0�`3" CITY OF FRIDLEY By: _ Scott J. Luncl Mayor Dated: : Dated: : : Dr. William W. Bizrns City Manager Jim Kosluchar, P.E. City of Fridley Engineer Name �, . . . _.. . � �.��. ' I�+ I� IW ( i '�p: . , � `r � r 5 1 f�� � �� � � � C�6 iii � Q $.�l�141� i i �+ \ . 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N1 , 1 �� j �� � �� � � � � � i � „ -� � � ,� �� _ � r� .. .�p���a����,,���x�'�: 1 ti'E,Sa t: i .�� � i ;'� � ' 3:- .. �'w�� � '��` �p"`�( ',� � t '"' ;� zc9 .�,i `��- � TR`�$ �.�i�74� ''4���. �� r hw' �31 +F�� j i � ��� �� � � � ��� � I ��` � � � � ��- �':��� � _ �" �-� I � �� � � � .4,'� � '�'� �� � G � �,�f Y ; �� � C�,e . �: �:�� ����,°�.�' �: �� : ,�� � S.P 02-596=07 EXHIBIT B COST-SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS Bikeways Concrete Curb & Gutker Concrete Sidewalk Concrete Sidewalk Replacement Concrete Curb & Gutter for Median Construction Concrete Median Construction or Adjustment of Local Utilities Grading, Base and Bituminous Storm Sewer Driveway Upgrades Traffic Signals (communities larger than 5,000) Traffic Signals (communities less than 5,000) Engineering Services Right-of-Way Street Lighfis *OO *�O *TM *� COUNTY SHARE 0 50% 0 100% 100% 100% 0 100�/0 based on state aid letter*O 0*I �/z the cost of its legs of the intersec.kion 1����0 *� 1005 0 CITY SHARE 100�/0 50% 100% 0 0 0*O 100% 0 based on state aid letter*O ioopip the c.�st of its legs of the intersection pl�as �/2 the cost of the County legs of the intersection O*TM *� 0*( 100% The County pays for iQ0% OF A Standard Median Design such as plain conc,rete. If a I�cal unit of government requests dec�rative median such as red hrick, stamped concrete, ar exposed aggregate concrete, the local unit will pay the additional cost ab�ve the cost of standard median. In the event no State Aid is being used, or in the event the state aid le�ter does not determine c.ost split percentages, drainage c�st shares will be computed by the proportion of c.antributing flow outside the County right of way to the tatal contributing flow. In c.ities less than 5,OOQ people the County pays for 10Q% of the cast of the traffic signal effective March 1986. The County collects on behalf of the cities (less than 5,Q0�) "Municipal State Aid Dollars" since they do not themselves qualify for state aid fiands. These funds are used ta �ay the City Share. Engineering shall be paid by the Lead Agency except that any participating agency will pay constr�ackion engineering in the amount of 8% of the constr�action costs paid by that agency. *( In the event that the Township or City requests purchase of right-�f-way in excess of those right-of-ways required by Counry construction, the Township or City �articipates ta the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County r�adway which would require additianal right-�f-way, in which case the Township �r City may pay for that portion of the right-�f�-way. Acquisition �f right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is locafied. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jiarisdiction of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not ac.quire s�a�cient right-of-way during the platting process or redevelopment process shall be paid by the Township or Ciky. *� The County will replace all driveways in-kind. Upgrades in surfacing (i.e., gravel to bituminous, bituminous to concrete shall be at iQ0% ex�ense to the Township �r City). 4� � AGENDA ITEM � CITY COUNCIL MEETING OF JUNE 8, 2009 �ffY �F FRIDLEY INFORMAL STATUS REPORTS