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02/22/2010 - 4563� � CITY COUNCIL MEETING OF FEBRUARY 22, 2010 �ff1' 4F FRIDLE7` The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Annual National Pollutant Discharge Elimination System (NPDES) Review of Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2009. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 8, 2010 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit for Spring Lake Park Youth Hockey Association at Broadway Bar and Pizza Located at 8298 University AvenueN. E. (Ward 3) ....................................................................................... 1- 3 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Resolution Ordering Advertisement for Bids: 2010 Miscellaneous Concrete Repair Project No. 395 ....................................................................................................... 4 - 5 3. Approve Change Order No. 4 for 2008 Street Improvement Project No. ST2008-01 ................................................................ 6- 8 4. Approve Joint and Cooperative Agreement for the Formation and Administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force ......................................................... 9- 23 5. Claims ....................................................................................................... 24 6. Licenses ....................................................................................................... 25 7. Estimates ....................................................................................................... 26 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 3 NEW BUSINESS: 8. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #10-01, by Tri-Land Properties, Inc., to Rezone Property from C-3, General Shopping, to Planned Unit Development Zoning, for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 — 57t" Avenue N.E.) (Ward 3) .......................................................................................................... 27 - 33 9. Approve Tower Site Lease Agreements between the City of Fridley and Clear Wireless, LLC, for Water Tower #1, Water Tower #2 and the Marion HillsReservoir ................................................................................................. 35 - 46 10. Resolution Authorizing the City Clerk to Withdraw the Certification of Certain Special Assessment for Street Improvement Project No. ST2008-01 .............................................................. 47 - 51 11. Receive Bids and Award Contract for the 2009 Street Improvement Project No. ST2009-02 .............................................................. 52 - 56 12. Approve Joint Powers Agreement between the City of Fridley and the County of Anoka for Roadway Improvements of CSAH 6(Mississippi Street NE and Rice Creek Road NE) and County Road 106 (Mississippi StreetNE) ....................................................................................................... 57 - 65 13. Informal Status Reports ..................................................................................... 66 ADJOURN. � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 William W. Burns, City Manager James Kosluchar, Public Works Director February 22, 2010 I,���I�[�ai�i[: Annual National Pollutant Discharge Elimination System (NPDES) Review of Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2009. In conformance with the City of Fridley's Stormwater Pollution Prevention Plan (SWPPP) to conform to its National Pollutant Discharge Elimination System (NPDES) requirements, the City as a Municipal Separate Storm Sewer System (MS4) is required to hold an annual meeting reviewing its SWPPP activities for the previous year. The meeting has been advertised in the official newspaper, and is intended to provide the public with information on the City of Fridley's SWPPP. A presentation will be made summarizing SWPPP activities for 2009. This item can be moved in the agenda sequence as necessary to accommodate public attendance related to this item and other items. JPK/jpk CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 8, 2010 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 (Came later in the meeting.) OTHERS PRESENT: William Burns, City Manager Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney Scott Hickok, Community Development Director Tim Keane, Malkerson Gunn Martin LLP for Tri-Land Properties Hugh Robinson, Executive Vice President for Tri-Land Properties Nick Erpedling, Westwood Properties Services Glen Johnson, Tri-Land Properties LEGISLATIVE UPDATE: Congressman Keith Ellison thanked Council for allowing him to speak. He said there is a lot of talk about healthcare reform. While it appears there is more room for discussion, they are moving ahead in some areas. Another major item of concern is financial reform. Congressman Ellison said they are also working on a neighborhood stabilization project regarding foreclosed properties. If neighborhoods of Fridley are being hit hard with foreclosures, they may be able to benefit from this program. The last bill that they are working on is the Credit Card Bill of Rights. With the high unemployment rate, many people turn to credit cards to pay their bills. The goal is to make sure people know what they are getting into and that the terms and conditions are displayed fairly. Congressman Ellison said the House passed a$150.OB jobs bill. They are looking at a smaller bill pertaining to infrastructure. Some of these funds will be allocated to Minnesota and hopefully Fridley. Finally they were able to secure $2.OM for the Beyond the Yellow Ribbon Program for veterans. These funds will provide training and a successful transition for veterans. Funding has also been secured for the Mississippi Restoration Project. Congressman Ellison asked how the transit was working out. He reminded Council of a public community event on the census on February 18 from 6-8 p.m. in the Global Market Square. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 2 Councilmember Barnette said the Northstar commuter rail is going great. They are now working on Phase 2 which is to get a train to go to St. Cloud. Congressman Ellison said he is 100% in favor of it and thinks it is an exciting idea. It would reduce congestion, spur economic development and build up the transit system. He said Fridley could count on him to be in favor of that. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of January 25, 2010 APPROVED OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205.17, of the Fridley City Code, Allowing a"Towing Services" Use by a Special Use Permit in the M-1, Light Industrial Zoning District (Text Amendment Request, TA #09-02, by Schmit Towing, Inc., Generally Located at 92 — 43rd Avenue N.E.) (Ward 3) William Burns, City Manager, said the City Code currently does not allow this use in any of its zoning districts. It does allow junk yards and other types of intense uses in industrial districts with a special use permit. Staff feels the towing business is less intense and would have less impact on surrounding areas than many of these uses that are already allowed. Staff recommends allowing towing services in M-1 zoning districts, subject to the eleven conditions included in the ordinance. The Planning Commission unanimously recommended approval of this change at their December 16 meeting. Council held a public hearing on this matter on January 4 and a first reading of the ordinance on January 25. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 2. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Commercial Uses Permitted and Exterior Storage (Text Amendment Request, TA #09-04, by the City of Fridley); and Adopt Official Title and Summary Ordinance. William Burns, City Manager, said covers a variety of minor changes in the City's codes as they relate to commercial zoning districts. Many of the changes pertain to requirements for garden FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 3 centers and nurseries in various commercial districts. These conditions had previously not been included in any of the commercial zoning language. Dr. Burns said the Planning Commission held a public hearing on December 16, and recommended them unanimously. Council held its public hearing on January 4 and the first reading of the ordinance on January 25. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. NEW BUSINESS: 3. Receive the Minutes of the Planning Commission Meeting of January 20, 2010 RECEIVED. 4. Special Use Permit Request, SP #09-19, by Schmit Towing, to Allow a Towing Service Business in an M-1 Light Industrial Zoning District, Generally Located at 92 — 43ra Avenue N.E.; and Resolution Approving Special Use Permit, SP #09-19, for Schmit Towing, 92 — 43ra Avenue N.E. (Ward 3). William Burns, City Manager, said the owners of Schmit Towing Service are requesting the approval of a special use permit which would allow their towing service to exist at 92 43ra Avenue. The property includes 1.99 acres and an 8,234 square foot building. The petitioners have described how they will meet each of the eleven conditions required for this permit. Dr. Burns said the Planning Commission held a public hearing on this special use permit at its December 16 meeting, and recommended approval, subject to two stipulations. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Special Use Permit Request, SP #10-01, by Collins Electrical Systems, to Allow an Electronic Gas Pricing Sign and an Electronic Message Center of the Free-Standing Sign, Generally Located at 7295 University Avenue N.E. and Resolution Approving Special Use Permit, SP #10-01, for Collins Electrical Systems on Behalf of North Oaks Amoco Inc., the Property Owner of 7295 University Avenue N.E. (Ward 1) FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 4 William Burns, City Manager, said the electronic changes would be made to an existing 70 square foot sign in front of the Holiday Gas Station/Taco Bell located at 7295 University Avenue. The installation of the electronic components will bring the total square footage of the sign to 80 square feet as allowed by code. The Planning Commission approved the change, subject to three stipulations, at their January 20 meeting. Staff recommends Council's approval. APPROVED WITH THE FOLLOWING THREE STIPULATIONS: 1. THE PETITIONER SHALL OBTAIN SIGN PERMIT AND CURRENT SIGN ERECTOR LICENSE PRIOR TO INSTALLING ANY SIGNAGE ON SITE. 2. MESSAGE ON L.E.D. SIGN SHALL NOT CHANGE MORE OFTEN THAN AUTHORIZED UNDER SECTION 214.07 OF THE FRIDLEY CITY CODE. 3. MESSAGE ON L.E.D. SIGN SHALL NEVER FLASH OR HAVE MOTION THAT MAY DISTRACT VEHICULAR TRAFFIC IN THE AREA. 6. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Lining Project No. 394 William Burns, City Manager, said the work will occur in two segments spanning .99 miles. The first segment is located along the east side of University Avenue between Rice Creek Terrace and 61st Avenue. The second segment is on the west side of Stinson Boulevard between 61st Avenue and Gardena Avenue. Both sewer lines are vitrified clay pipe. The University Avenue line is 15" in diameter; the Stinson Boulevard line is 8" in diameter. The budget for these projects is $185,000. Staff recommends Council's approval. APPROVED. 7. Claims (144304 —144418) APPROVED. 8. Licenses. APPROVED THE LICENSE AS SUBMITTED AND AS ON FILE. Councilmember Barnette asked for Item Nos. 1, 2, and 4 to be removed. MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item Nos. 1, 2 and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 5 ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of Item Nos. 1, 2 and 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): None presented. OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 205.17, of the Fridley City Code, Allowing a"Towing Services" Use by a Special Use Permit in the M-1, Light Industrial Zoning District (Text Amendment Request, TA #09-02, by Schmit Towing, Inc., Generally Located at 92 — 43rd Avenue N.E.) (Ward 3) Scott Hickok, Community Development Director, noted the changes in the text agreement for item numbers one and two and the correct one was handed out to Council. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt Ordinance No. and order publication. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Second Reading of an Ordinance Amending Chapter 205 of the Fridley City Code Pertaining to Commercial Uses Permitted and Exterior Storage (Text Amendment Request, TA #09-04, by the City of Fridley); and Adopt Official Title and Summary Ordinance. Scott Hickok, Community Development Director, said in the Commercial Section there was 1 error in paragraph two regarding vehicle parking. Staff wanted to point out the error and show what the real language should read. A clean version was in the handout that was distributed. MOTION by Councilmember Barnette to waive the second reading of the ordinance and adopt Ordinance No. and the Official Title and Summary ordinance and order publication. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 6 3. Special Use Permit Request, SP #09-19, by Schmit Towing, to Allow a Towing Service Business in an M-1 Light Industrial Zoning District, Generally Located at 92 — 43rd Avenue N.E.; and Resolution Approving Special Use Permit, SP #09-19, for Schmit Towing, 92 — 43ra Avenue N.E. (Ward 3). Mayor Lund said he just wanted to make sure things were done in order. This makes it clear where towing should take place in Fridley. This was researched and staff defined ordinances and the process was done in a fair and professional manner. MOTION by Mayor Lund to approve Special Use Permit Request, SP #09-19, by Schmit Towing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 9. Preliminary Assessment Hearing for Street Rehabilitation Project No. ST2010-01. MOTION by Mayor Lund to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:55 P.M. COUNCILMEMBER BOLKCOM ARRIVED AT THE MEETING DURING THIS ITEM. Jim Kosluchar, Public Works Director, said the purpose of this preliminary assessment hearing is for the City Council to discuss this local improvement before ordering it done. The City Council will consider the information in the feasibility report and any other information necessary. Interested persons are invited to speak to the City Council about the project. Mr. Kosluchar said this is the fifth year under the City's major maintenance program for asphalt streets that have concrete curb and gutter. This program was developed to rehabilitate the deteriorated asphalt surface on a recurring schedule. The program targets pavements of a condition where pothole patching, crack sealing, and sealcoating are no longer sufficient to efficiently maintain a quality surface. Mr. Kosluchar said the poor condition rating of streets gives initiative to do a rehabilitation project. Factors used to establish the condition rating based on annual inspections include: surface wear, weathering, skid resistance, uniformity, crack size and condition and ride quality. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 7 Mr. Kosluchar said the existing street history shows that 27 of the local segments selected were surfaced between 1962 and 1988 and were last sealcoated in 2000-2001. A total of 30 street segments have been selected of which 20 will receive the 2" mill and overlay of asphalt surface and 10 will receive 2'/z" mill and overlay of asphalt surface due to weak road base. Minor underground utility repairs will precede the mill and overlay which is already underway. The approximate schedule to complete mill and overlay will be within four weeks of the start date. Construction time is estimated from mid May through August 2010. Three county road segments will also be worked on with this project; Rice Creek Road and sections of Mississippi Street from Highway 65 to Central Avenue and from Central Avenue to Stinson Boulevard. He said the tentative schedule for the proj ect is as follows: Preliminary Assessment Hearing Utility Work Begins Open Bids for Repaving Begin Construction Complete Construction Public Hearing to set Special Assessment Assessments Begin February 2010 March 2010 March 2010 May 2010 August 2010 October 2010 January 2011 Mr. Kosluchar said property owners were sent a mailing on January 11 which included a notice of an open house that was held on January 19, 2010. The open house was attended by 73 people along with three Council members. The notice of the public hearing was mailed to affected properties on January 26, 2010. Mr. Kosluchar said at the open house, staff provided a 20-minute presentation and responded to questions on topics such as special assessments, access concerns during construction, project schedule, utility maintenance/drainage/curbing and refuse vehicles and their impacts. Eighty- five questionnaire responses have been received to date which is an impressive 20% response. Many telephone calls have been received by staff as well. Staff will consider comments provided in design. Public comment has been generally favorable and understanding of need for the proj ect. Mr. Kosluchar said the estimated cost of the project is $855,000. Of that amount, $360,000 will be received from Anoka County/City of Fridley Municipal State Aid, $455,000 from special assessment to adjacent properties, $10,000 from the Water Utility Fund, $20,000 from the Sanitary Sewer Utility Fund and $10,000 from the Storm Water Utility Fund. Mr. Kosluchar said the benefiting Light-Density Residential (LDR) properties addressed on the street being rehabilitated are assessed. Corner lots are assessed on one side only. The assessment is based by dividing the total mill and overlay costs serving residential area by the number of residential properties. Multiple unit residential properties up to four units pay the lower of the commercial rate or the residential rate reduced by 50% for each unit over one. Mr. Kosluchar said non-LDR properties are other properties, including commercial, industrial, high-density residential etc. These properties will be assessed the frontage that is measured adj acent to the street and setback 3 5' from the property line. The non-LDR assessment is FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 8 calculated by dividing the total cost by the length of property frontage to determine the cost per foot. The non-assessable property is covered by the City, not the property owners (TH47, City Park etc.) The estimated cost per centerline foot is determined to be approximately $40-60, depending on the street width. Each side of the street pays 50% of the cost per centerline foot to resurface the street, thus the estimated assessment is $20-30 per lineal foot. Mr. Kosluchar noted some of the unique property assessments include the A1 Amal School which is a commercial flag lot and is recommended to be assessed for its full width. 1626 Rice Creek Road is a residential lot abutting Woodside Court and is large enough to subdivide; one residential assessment. 5965 Oakwood Manor is a"sub-dividable" lot; two residential assessments will be applied and there are eight non-abutting properties on Riverview Terrace that access the street that are recommended for residential assessment. Mr. Kosluchar reviewed three payment options that may be taken for this project. Option 1 is a lump sum paid within 30 days of the final assessment hearing (after construction). In Option 2, the amount would be added to property taxes that are paid over 10 years with an interest rate to be determined (typically 6'/z to 7%). In Option 3, senior citizens meeting certain criteria may request to have the assessment deferred until the future sale of the property. Interest accrues until the property is sold. William Burns, City Manager, asked what residents should do if they want to redo their driveway or repair their sewer/utility services. Mr. Kosluchar said residents should contact staff right away if they were interested in that. Mayor Lund noted that Kerry Lane was resurfaced in 1994. He asked why that street had a shorter life span. Mr. Kosluchar said some individual investigation will be done in that area because they were surprised with the deterioration of that street. Layne Otteson, Assistant Public Works Director, said one of the causes of the deterioration is suspected to be more salting on that street because it has a steep slope. Mayor Lund asked what the policy was if the cause for the deterioration wasn't found right away and the price of the proj ect goes up. Mr. Kosluchar said there is a 10% contingency built into the estimate. This street was paved 16 years ago and if staff can find a cause for early deterioration, a recommendation will be made to Council. That particular segment is the shortest segment of the entire project which makes it more affordable to the proj ect as a whole. Councilmember Varichak asked how what the cost would be to inspect the private sewer lines. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 9 Mr. Kosluchar said televised inspections of sewer mains have been done and blockages have been identified. Letters were sent to 37 properties that showed severe blockage in their services. The City performs televised service inspections at no charge. Councilmember Varichak said she received a phone call from someone who had a question about newly resurfaced driveways and wanted to coordinate issues to make sure their new driveway was not ruined. Mr. Kosluchar said people should contact them with any questions they have about the project. Staff would rather find out about concerns now than after the proj ect is designed. Dr. Burns clarified that the City will pay for the sanitary sewer service televised inspection at a property owner's request but any repair work to the service is the property owner's responsibility. Wayne Lindblad, 1421 Kerry Circle, said he had concrete curbs and the assessment was for those with asphalt curbs not concrete. He asked why he was getting assessed for curb if he already had a concrete curb. Mayor Lund said that this project is for mill and overlay, not reconstruction of the street, and a different policy applies. A layer of asphalt will be taken off and replaced with new asphalt. Each person will be assessed for the street. Mr. Kosluchar said the mill and overlay process is a preservation process. This way the City does not have to reconstruct the roadways as frequently. The roads will eventually deteriorate and resurfacing the streets will extend the life expectancy of the streets. Don Grant, 1620 Rice Creek Road, asked for clarification that he will not have to pay an assessment where he lives which is on a County road. Mayor Lund replied yes, that is true. The County pays for that street but it is a busier road. Mr. Grant asked why Fridley plowed County roads. Mr. Kosluchar said that Fridley has a maintenance agreement with Anoka County to swap the plowing of some streets. Mike Bensing, 1560 Ferndale Avenue NE, said the $1,500 assessment compared to the last assessment ($1,030) is a huge increase. Oil may be high today but it was high two years ago as well. Mr. Kosluchar said the City had fairly good timing with bids two years ago. There is a contingency built into the estimate and hopefully we will get competitive bids from contractors. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 10 John Heimerl, 6441 Riverview Terrace NE, said his taxes went up 11% last year and after adding on this assessment of $1,500 over 10 years the increase is about 15%. He asked why taxes went up so much from last year to this year. Mayor Lund said as the State tries to fix budget problems, the impact gets shifted to the locals. The largest percent of the increase more than likely comes from the schools. Mr. Heimerl asked if the City had thought about doing anything other than assessments to pay for proj ects such as these. Mayor Lund said that City reserves dare dwindling and it is impossible to retain reserves. If the City had huge reserves assessments would not have to happen. Councilmember Bolkcom asked how Fridley's taxes compared to surrounding communities. Dr. Burns said Fridley's taxes are among the lowest in the nine surrounding communities. For 2009, the local share of the property taxes went down and if taxes went up it could have to do with the school district. Richard Coleman, 188 River Edge Way NE, said he appreciated how the City runs things and complimented that they are doing a good job. He hopes the City works hard to make sure the bids come in low. He asked if the City could work to lower the interest rate for financing the assessment. Mayor Lund said a lot of interest rates are driven by the bonds we get. Cities have a bond grading system and when finances go down that lowers the bond grading. Dr. Burns added that the City tries to get payments as low as possible. Gregory and Pamela Nelson, 1624 Woodside Court NE, asked for clarification that the curbs would not be done this time. Mayor Lund said that is correct, this is just for mill and overlay, but curbing would be replaced in specific locations. Ms. Nelson asked if she needed to worry about her driveway. Dr. Burns said that sometimes the surface of the street changes as well as the height which may slightly affect the entry into driveway. Mr. Kosluchar said typically this is not an issue on this type of project, but Ms. Nelson should contact the Engineering Department to make sure her concerns are addressed. Maureen Collins, 1660 Kristin Court, was concerned about Kristin Court. She said it was a cul- de-sac and does not have much traffic but needs to be redone. She asked why this project is needed already, on a shorter timeline than other streets, and what has led to early deterioration. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 11 Mayor Lund asked Ms. Collins if she thought her street was in need of repair. Ms. Collins said she trusted the City's judgment but in comparison to other streets, this street was not that old. Mr. Kosluchar said that staff will be doing some investigation on that street to see why it deteriorated so quickly. Ms. Collins was concerned about the quality of fill on that street and if it was done properly when the area was developed. Mr. Kosluchar said there may be some uncommon soils in Fridley but usually you can expect 20 years out of a street. Earl and Patricia Hendricks, 1611 61st Avenue NE, asked when his street was last done. Mr. Kosluchar answered 1972. Mr. Hendricks said that he built his home in 1974 and it seems the street was done since he has built his home. He asked if streets should last 20 years. Mayor Lund said that seems to be the average. Mr. Coleman asked if there was a financing option other than the three-year payment. Mayor Lund said that the loan can be paid off at any time and there would be no penalty for early pay off. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 9:00 P.M. NEW BUSINESS: 10. Resolution Ordering Final Plans, Specifications and Calling for Bids: 2010 Street Rehabilitation Project No. ST2010-01. MOTION by Councilmember Barnette to approve the resolution ordering final plans, specifications and calling for bids: 2010 Street Rehabilitation Project No. ST2010-01. Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 12 11. Resolution to Vacate a Portion of a Utility and Drainage Easement Lying within the Vacated 76t'' Avenue NE, Generally Located at 480 Osborne Road (Vacation Request, SAV #10-01, by Premier FMC, LLC, on behalf of Fridley Medical Center) (Ward 1). Scott Hickok, Community Development Director, said the North Suburban Hospital District recently received preliminary plat approval for a new plat called Unity Addition. A 10' X 560.07' easement that remains was discovered as the final plat was being prepared. The easement once served as a residential plat with twelve lots called Osborne Manor 2nd Addition, Easement Vacation SAV 10-01. Mr. Hickok said 76th Avenue was vacated in 1988 and the easement could have been vacated at that time, but was not. In its existing location, the easement will run beneath the proposed Fridley Medical Center & Virginia Piper Cancer Center. This particular easement is not needed for the current project; however, other easements have been proposed and will be included in the new plat for the Medical Center/Cancer Center. Mr. Hickok said at the January 20, 2010, Planning Commission meeting, a public hearing was held for SAV #10-01. The Planning Commission unanimously recommended approval of the request. City staff recommends concurrence with the Planning Commission. MOTION by Councilmember Saefke to approve the Resolution to Vacate a Portion of a Utility and Drainage Easement Lying within the Vacated 76th Avenue NE, Generally Located at 480 Osborne Road (Vacation Request, SAV #10-01, by Premier FMC, LLC, on behalf of Fridley Medical Center) (Ward 1). Seconded by Councilmember Bolkcom. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: 12. 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 #1-01, by Tri-Land Properties, Inc., to Rezone Property from C-3, General Shopping, to Planned Unit Development Zoning, for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 57t'' Avenue N.E.) (Ward 3) MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 9:05 P.M. Scott Hickok, Community Development Director, said the petitioner, Glenn Johnson for Tri- Land Properties, Inc. is seeking to rezone the property from C-3, General Shopping to PUD, FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 13 Planned Unit Development. The purpose of the rezoning is to allow for the redevelopment of the entire site to what the developer is calling The Fridley Market. Mr. Hickok said the redevelopment will allow for structural changes to the existing building, modernization of the existing building exterior fa�ade, and construction of new retail buildings along the north and south sides of the property. The site will also undergo reconstruction of the parking lot and entrances to promote multi-modal access, and installation of new trees and additional landscaping. Mr. Hickok said that the Planned Unit Developments typically are intended to achieve the following: • Provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. • Encourage a more creative and efficient approach to the use of the land. • Encourage the preservation and enhancement of desirable site characteristics, natural features and open space. • Encourage a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. Mr. Hickok said the 2030 Comprehensive Plan identifies the subject property to be within one of the "potential redevelopment areas." Approving this project through a PUD requires the petitioner to submit a"General Plan of Development" which consists of maps, including phasing components, descriptive statements of obj ectives, principals and standards used in the proj ect. It also requires that any modification of the originally approved PUD, be reviewed before the Council which is similar to the process the City uses for master plan approval on an S-2, Redevelopment proj ect. Mr. Hickok said that the redevelopment of this site accomplishes several of the goals identified in the Comprehensive Plan. Ways identified to accomplish those goals were to create a walkable downtown area, provide more retail opportunities, provide more restaurants, and maintain current tax base and encourage growth. Mr. Hickok said as part of the process to allow a rezoning to a PUD, it is very important to establish guidelines that dictate what type of quality development will occur on the site. Within those guidelines there are several elements that need to be discussed and agreed upon in the General Plan of Development, in order to lead the developer and the City into an approved PUD. The Guidelines becomes a critical part of a PUD because that along with the drawn plans illustrates what the development would essentially look like and what is and is not allowed. Mr. Hickok said staff suggested that the petitioner seek a potential rezoning to a PUD, instead of seeking variances to the standard C-3, General Shopping zoning district regulations. For example, the C-3 zoning code requires a front yard setback of 80 feet and a side yard setback on FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 14 corner lots of 80 feet. Since the subj ect property has streets on all sides of it, code would require an 80 foot setback for buildings on all sides. Mr. Hickok said the placement of the new buildings, closer to the street, would not meet that setback requirement. Since the subject property is within the Northstar TOD district, staff would prefer to see building brought closer to the street, to help create a downtown environment that provides a pedestrian scale to the retail area. Mr. Hickok said staff asked the petitioner to try to comply with the C-3, General Shopping code standards as much as possible, with the understanding that some of the requirements will not be able to be met. Mr. Hickok said the City Code requires that parking stalls in our commercial districts be 10 feet wide by 20 feet long if they are nose to nose stalls or 10 feet wide by 18 feet long if the stall abuts a curb. Over the years, the City has had many requests by other commercial, educational, and medical type uses to allow a smaller size. In some instances the City has allowed a reduction in the width of a stall for those parking stalls that have a low customer turnover. For example: employees at a medical clinic or students at a school. Mr. Hickok said the petitioner also completed a parking field analysis, demonstrating the difference between a 9 foot by 18 foot stall and a 10 foot by 20 foot stall. Based on the square footage of the new Cub Foods (65,177) and Retail A(10,500), which is one of the free-standing buildings on the north side of the building, 262 stalls would be constructed at a stall size of 9 feet by 18 feet. Increasing the size of the stall to a 10 foot by 20 foot stall would reduce the amount of stalls to 196, which is 66 less stalls. According to petitioner, the 9 foot by 18 foot stall is a necessity for them and for Cub Foods, in order to make the proj ect work. Mr. Hickok said the petitioner is proposing to have two outdoor sales areas that will be used 10 to 12 weeks during the year. Cub Foods would primarily use this area for garden sales in the spring and early summer. The areas they have highlighted will be 36 feet by 93 feet (3,348 square feet) in size and will be designed using decorative pavers. The petitioner has created a "pergola" structure that will be installed during the 10 to 12 week sales period and will be removed and returned to parking stalls at the conclusion of the sales period. Mr. Hickok said there are other properties within the City that have special use permits for garden centers. Some examples of those are Bachman's, Home Depot, Wal-Mart, and Menards. In all those situations, the City required that the business construct a permanent structure attached to their building for their garden centers as opposed to a free-standing tent type garden center often seen in other communities. In lieu of constructing a permanent structure for garden sales, the petitioner and more importantly Cub Foods, is requesting to have the outdoor sales area within the parking lot. Mr. Hickok said instead of simply putting up a tent, the petitioner has designed a decorative paver area with a temporary pergola that will have cedar posts, and maintenance free fencing. Staff feels this solution is unlike what we have seen in other applications, but would consider it acceptable considering it is a PUD zoning, which allows flexibility when designing a project. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 15 Mr. Hickok said the petitioner is also proposing to construct a public gathering area with Phase 2A-2B. This area will have an arbor constructed within it, with seating and perimeter landscaping. This area has the potential of creating a nice environment for employees who work on site or customers who shop on site. There is also a patio area planned for the east side of Retail A, which will provide an outdoor seating option for a potential restaurant. Mr. Hickok said any redevelopment within the Northstar TOD Redevelopment Area is expected to have clear connections for walkers and bikers, as well as vehicles. This site is only '/z mile from the Northstar train station and there is a bus stop at the corner of University Avenue and 57th Avenue. Staff has emphasized the importance of pedestrian connectivity to and throughout this site to the petitioner throughout our discussions. Mr. Hickok said a phasing plan needs to be provided to the City as a requirement of a PUD. When the new Cub Foods store is being redeveloped as part of Phase 2A, 50 feet by 297 feet of the front of the building will be removed to make the Cub Foods new entrance. The remaining 50 feet of the front of the building be removed within 1 year of the opening of the new Cub Foods. More detailed Phasing Plans will be required to be submitted with the General Plan for Development. Mr. Hickok said a traffic analysis was done and Westwood has stated that although the intersection at 57th Avenue and University Avenue currently operates at the LOS C, it will operate at the LOS D or worse after the redevelopment of this site. This level of service is based primarily on the northbound left turn movement at this intersection. Westwood recommends that the mitigation measure used to restore acceptable operations of this intersection is by optimization of the signal timing at the intersection. With this mitigation measure in place, the overall intersection LOS will improve to C. Staff has heard from MN/DOT and they are fine with modifying the signal timing. Mr. Hickok said at the January 20, 2010, Planning Commission meeting a public hearing was held for ZOA #10-01. They unanimously recommended approval with 31 stipulations. The recommendation included approval of the site plan submitted showing 9 feet by 18 feet parking stalls. Mr. Hickok said City staff recommends concurrence with the Planning Commission with an additional Stipulation No. 32: The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use of restaurant use with the drive-thru within Retail A and Retail B. Upon completion the petitioner shall provide revised traffic data to the City, County, and MnDOT for approvals. Staff feels this stipulation is important as it requires the petitioner to revise the traffic study to show the potential impacts of a restaurant use within Retail A and Retail B. Mr. Hickok said that Staff recommends that if the Rezoning is approved, the following stipulations be attached. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 16 1. The property shall be developed in accordance to the General Plan for Development Agreement, which will include the architectural plans dated and the Architectural Design and Signage Guidelines dated .(This agreement shall be prepared by the petitioner and approved by staff prior to City Council review of the rezoning request.) 2. The General Plan for Development Agreement must include a three-year time limit to construction inactivity between phases until full build out of the site is complete as proposed. 3. The property shall be developed in accordance with the site plan SP.1 dated , which will incorporate the stipulations included herein and approved by staf£ (Site plan shall be revised per City staff comments included in staff report prior to City Council review of the rezoning request.) 4. The building elevations and signage shall be constructed in accordance with architectural plans , dated .(Architectural elevations shall be modified to list every material to be used on each side of each of the building and architectural design and signage guidelines shall be modified per City staff's request prior to City Council review of the rezoning request.) 5. Phasing Plan shall be modified to show demolition of the entire 50 ft. on the front of the building to be completed, within one year of the opening of the Cub Foods store and the plan shall also be redone to show modification of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. 7. The proposed proj ect and phasing shall meet all Building code, Fire code, and ADA requirements. 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant for building permit, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and fixtures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock- wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57th Avenue. 14. All lighting shall be no more than 3 ft. candles at the property line. 15. Site Plan must be redrawn to relocate the outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sales area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the loss of parking or FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 17 snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale area's use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sales areas. 20. No fertilizer shall be stored outside. 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Specific areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a specific stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 27. Applicant will have to provide a specific temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a specific utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require external grease traps approved by Engineering on respective sanitary sewer discharge lines. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 18 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail B. Upon completion the petitioner shall provide revised traffic data to the City, County, and MnDOT for approvals. Mr. Hickok said the first phase will include construction of an addition to the east side of the existing building, which will house the Fridley Liquor Store as well as space for three, 1,200 square foot retail shops. Once the addition is completed, Phase 2A involves Cub Foods beginning construction on their new space. They will move their store to the east side of the building and will occupy 65,000 square feet of space, which is a smaller building footprint then what they currently occupy. Mr. Hickok said Cub Foods will remain open and in business within their existing space until their new space is ready to open. The existing building will actually be reduced approximately 21,000 sq. ft., which will be achieved by removal of a portion of the front of the building. Mr. Hickok said the second phase will include the construction of "Retail A", which is a 10,500 square foot building that is located on the north side of the site, just south of 57th Avenue. Phase 3A, includes removal of the front portion of the building for "Anchor A" as well as construction of a pedestrian connection from 57th Avenue to the main building. Phase 3B, includes the construction of another retail building on the north side of the site, to be 9,600 square feet in size. Phase 4 will allow for the development of the south side of the subj ect property with the construction of a 29,000 square foot building, proposed to be shared between two tenants. Reconstruction of the parking lot and installation of landscaping will take place throughout all the proposed phases. Mr. Hickok said Fridley City code requires that the shortest street frontage be considered the front yard. In this case, University Avenue would be considered the front yard. The petitioner proposes to construct a new 14,000 square foot addition to the east side of the existing building, which will be 35 feet from the front yard property line, therefore, not meeting the code required 80 foot setback. Mr. Hickok said because this property has street frontage on all sides, an 80 foot side yard setback is required per C-3 zoning regulations. The proposed Retail A building is 15 feet from side yard property line and the Retail B building is 30 feet from the side yard property line. As stated earlier, because this site is within our Northstar TOD, staff would like to see the buildings brought closer to the street, as proposed. This helps create the idea of a"walkable downtown", which adds to the existing streetscape along 57th Avenue, provides close connections for pedestrians and bicyclists and it will conceal parking to the opposite side of the building. Mr. Hickok said the City Code would require an 80 foot setback Proposed Anchor B is 72 feet from the side yard property line and Anchor C is 55 feet from the side yard property line. Street frontage on all sides of this property provides a great challenge when trying to consider full build-out of the site. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 19 Mr. Hickok said the petitioner's site plan shows as little as a 5 foot setback between the property line and the parking lot in locations along the south, east and north property line. City code requires a 20 foot parking setback from a public right-of-way to allow an adequate separation between uses, space for sidewalks, landscaping, screening and snow storage. City staff is concerned about the lack of green space on this site plan. Though the petitioner is meeting code requirements for the amount of trees required to be planted, staff feels there are parking stalls proposed that will never be used and would be better utilized as green space. Mr. Hickok said after receiving staff's report, the petitioner removed some of their parking stalls to add green space, because their previous site plan showed more parking stalls then code would require. As a result, they are proposing 754 stalls. This amount is less then what code would require by 21 stalls; however staff is comfortable because this is a PUD. The petitioner has submitted plans showing truck circulation on the site. Staff has determined that it is very important to have a one-way movement on the site that moves counter clock-wise around the main building. Trucks cannot stand and wait in the queuing area between University Avenue and the CVS entrance. Nor do we want customers on this site having to navigate around trucks from all directions. Councilmember Bolkcom expressed concerns about the narrower parking stalls and loading groceries. She asked if any other retail places have less than 10 foot stalls in our community. Mr. Hickok answered that there have been requests for 9 foot stalls but Council has been steadfast with the 10' stall. Councilmember Bolkcom said other businesses may want to re-stripe their parking lots if this is allowed. She is in favor of the site but feels they are giving up a lot and wants to make sure what they are getting in return is a fair trade. She asked how staff felt about the 9 foot stalls. Mr. Hickok replied that the City has had a position on 10 foot stalls for a long time and one thing that helped to go to 9 foot stalls were the adjustments. This helps set this development off from the others. A national study on retail that shows that even 8'/z foot stalls are very common in retail centers but 9 foot by 18 foot seems to be the modern standard. According to the national study, it seems the trend is the 9 foot stall. Councilmember Bolkcom asked what surrounding cities had for parking stall widths and if there was a difference between grocery and retail. Mr. Hickok said that 9 foot stalls are very common and some of the larger shopping areas in recent past, like Rosedale, have 8-8 '/z foot dimensions. The New Brighton Cub Foods has smaller lot dimensions and Mounds View recently redid a shopping mall with smaller stalls. Councilmember Bolkcom asked about the traffic counts and what the increase would be in traffic for this new development. Mr. Hickok said the square foot dimensions stayed about the same and they are just reshaping the square footage so the numbers would probably remain about the same. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 20 Councilmember Bolkcom said most traffic would be turning and going north on University and asked if that was similar to the current traffic pattern. Mr. Hickok answered not necessarily but in the north area, there will be a cuing issue and stacking vehicles could be a problem during specific times. Traffic will be moving to the west and to the south. There is ample opportunity to make those things happen and staff is comfortable with the traffic study that was done. Councilmember Bolkcom asked if there has been any comment from the county. Mr. Hickok said not to date, and staff has had regular contact with County. Councilmember Bolkcom asked if staff thinks the County will ask for 57th to be widened. Mr. Hickok said that staff will rely on the experts as the petitioners have hired someone to do a traffic analysis. Councilmember Bolkcom asked about the garden sales and how many parking stalls would be lost. Mr. Hickok answered 18 stalls would be lost from Cub Foods and 18 stalls from another anchor if they wanted outside sales. The outside sales area would be designed with cups in the asphalt to support a pergola structure if a tenant wanted to use the space. Fridley typically has not had sales in the parking lot and if this were a typical set up, staff would not recommend approval. This will be designed to look like a permanent set up but the structure can be taken down. Councilmember Bolkcom said Council has been so adamant with others who want to sell in the parking lot and has concerns approving this for Cub Foods. Mr. Hickok said for Cub Foods, garden sales is essential for the retail mix. Cub Foods is not able to advertise independently and this is an important piece. There is an opportunity to have garden sales outside. Councilmember Bolkcom recalled that Home Depot wanted a permanent structure to put outside and the request was denied. She asked if the Planned Unit Development makes it different and able to do these things. Fritz Knaak, City Attorney, said essentially what Council is doing is developing a case of uniqueness. The package or things involved as part of the parcel are the trade-offs that make this unique. If another retailer or competitor came and wanted parking lot sales they would have to develop a PUD. Councilmember Bolkcom asked why the garden center could not be part of the building. Mr. Hickok said there is limited availability if they build according to C3 standard as certain things are spelled out in the City Code. When talking about a PUD and the trade-offs it may not FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 21 seem like it is worth it but if you look at it from an architecture and landscaping aspect, it is worthwhile to look at it as an entire package. Tim Keane, Malkerson Gunn Martin LLP for Tri-Land Properties, said they have been working since October on this project and are highly invested in the project. They are happy for the opportunity to bring this forward to Council. This is a unique site, located in a highly visible area with traffic opportunities. The area is highly visible from all sides but also has restraints as there is no room to grow on this site. Hugh Robinson, Executive Vice President of Tri-Land Properties, said they have been in business for 32 years in seven states. They have owned The Fridley Market Shopping Center since late 2006 with the goal in mind to redevelop. Tri-Land Properties believes they have developed a package that should be appealing to the City of Fridley and have a basic agreement with Cub. As it relates with the parking, a 9 x 18 stall is a commonly used dimension and by increasing the stall size it would eliminate 66 stalls, taking it below what Cub is willing to accept. Parking is less heavily used in the summer so Cub can afford giving parking stalls to plant sales. Plant sales are a very big part of the business. Councilmember Bolkcom asked what the dimensions were of the other redevelopment grocery store parking stalls. Mr. Robinson said the redesigns have been 9 x 18 feet. Mayor Lund said so many times the Cub parking lot is not at capacity. He asked if larger stalls would be better. Mr. Robinson said generally there should be five stalls per 1,000 square feet. If the parking is too full shoppers will not come to the store. He said they do not want the parking lot to be too constrained because that makes it less inviting. Councilmember Bolkcom asked about the traffic issues and what would be the anticipated level of traffic. Nick Erpedling, Westwood Professional Services, said with respect to the parking stall size issue, a study was done by the Urban Land Institute. The conclusion after the study was that for retail land uses a stall of 9 foot was recommended. Another study was done in December regarding the overall increase in square footage of the redevelopment and the study analyzed all the ways that traffic may increase in the redevelopment. It is estimated around 200 vehicles would be entering above the existing traffic volumes on the road. The traffic study looked at all five intersections and found through analysis the critical point was at University. Only minor modifications to traffic signal timing at 57th Avenue and University will be necessary to mitigate the increased traffic from the increased size of the proj ect. Councilmember Bolkcom asked what the total volume of traffic would be. Mr. Erpedling said there would be about 200 cars entering at the busiest hour in the afternoon. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 22 Councilmember Bolkcom asked for clarification that by changing the traffic signal it will stay at a level C because there would only be 200 more cars. Mr. Erpedling said the critical movement is the north bound left turn lane. The study showed that if it is given more green time, it allows the intersection to operate at same level of service. Councilmember Bolkcom said she has a hard time with the garden sales because so many other businesses have asked for parking lot sales and they had to settle for enclosed garden sales. Mr. Robinson said they have looked for other alternatives but it would be a major challenge to make the garden center adjacent to building or inside. There is not a natural location for a garden center in the shopping center. The only place viable is in the parking lot. We are trying to address the City's concern. This will be an attractive contained location that is set apart from the store. Cub is making a maj or investment to present the merchandising mix. Councilmember Bolkcom asked if there would be Christmas tree sales in the lot. Mr. Robinson said no. Mayor Lund asked if the outside sales area would have a sales person and cash register. Mr. Robinson said yes, there will be a water line, electrical and security cameras. Cub Foods operates 24 hours but the garden center would not. Councilmember Varichak said this is a unique situation and asked what would happen if other Cub Foods stores saw this garden center and wanted that type instead of the hoop houses. Mr. Robinson said that they do not get complaints about the hoop houses. It is the merchandise that catches people's eyes. Dr. Burns asked what market analysis was done to show that Fridley will attract 10 users in this redevelopment. Mr. Keane said what retailers will like is the visibility and accessibility. At one time Gander Mountain operated in there very successfully. Traffic will be generated by a redeveloped contemporary sized Cub Foods that will have a lot of appeal to the smaller retailers. Cub attracts a lot of retailers and this location will be attractive to others. Dr. Burns asked what kind of retailers they were hoping for. Mr. Keane said maybe an office supply store, electronics, or sporting goods; there are a lot options. Councilmember Barnette asked if there was any discussion in the Comprehensive Plan and the possibility of a bridge from 57th to the Lamaur site to enhance the area even more. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 23 Mr. Hickok said there has been discussion early on and that is where we looked at their wishes and hopes and matched them with the Comprehensive Plan. Mayor Lund asked about the three entrances that exist on 57th Avenue and if they could access it on Main Street. Mr. Hickok said that there is an issue for access off of Main because of grade elevation. Mayor Lund asked how trucks would go in and out of the establishment. Mr. Hickok said the trucks would turn around south and have the opportunity to come in on the west side and use docks on the west side of the building. The preference was to allow access on those two locations but it is better for trucks to move all in one direction. Mayor Lund said as a consumer, he would like to see larger parking spots and thought there could be a compromise. He also asked what the back of the building would look like. Glen Johnson, Tri-Land Properties, said there would be an architectural finish all the way around. Mayor Lund asked where the snow would be placed for snow removal. Mr. Johnson said a contractor handles the plowing and landscaping. Plowing sites are already developed as to how to plow and store snow. Equipment would be stored on site at all times. Mayor Lund asked what the consideration was for runoff. Mr. Hickok said there is consideration given to storm water treatment on this site and that will amount to the management and engineering of it. The site is largely impervious right now. Staff is comfortable with the current design solution. Jim Kosluchar, Public Works Director, said a number of storm sewers will be installed and the last phase will require some underground storage requirements. Councilmember Bolkcom asked if any public comments have been received on this development. Mr. Hickok said none other than positive comments by email. Dr. Burns said that the Holiday Station Manager raised some concerns at the Planning Commission Meeting. Councilmember Bolkcom asked what would be considered inactivity. If it's 2015 and Retail A and B is not built, would that be considered inactivity. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 8, 2010 PAGE 24 Mr. Hickok said yes, it could be called back to see if the plan would need to be modified at that time. Council will be approving the master plan but if that is modified, they would need to come back to have it evaluated. Councilmember Bolkcom said she was aware that no fertilizer will be sold outside but asked about the plant watering and fertilizer outside and where the runoff would go. Mr. Hickok said there is cause for question and concern about the runoff that may happen and the area will be looked over by the Public Works Department. Councilmember Bolkcom asked if the dates would be extended at all. Mr. Hickok said the first reading would be beyond the February 15, sixty-day rule. Mayor Lund asked if the petitioner had any problems with the 32 stipulations. Mr. Keane said they had no problems with the stipulations. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 11:20 P.M. MOTION by Councilmember Bolkcom to table the consideration of this item in order to ascertain the necessary information to fully examine and study the request, and to extend the review period for City Council action an additional 60 days, and to notify the petitioner in writing of the 60-day extension as soon as possible. Seconded by Councilmember Saefke. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Report. Councilmember Saefke attended Winterfest and said it was an excellent event. He congratulated everyone on a j ob well done. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 11:30 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � �ff1' 4F FRIDLE7` To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF February 22, 2010 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk February 21, 2010 RESOLUTION 1N SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GANIBLING PREMISE PERMIT FOR SPRING LAKE PARK YOUTH HOCKEY ASSOCIATION AT BROADWAY BAR AND PIZZA LOCATED AT 8298 LTNIVERSITY AVEN UE NE Minnesota State Law requires a gambling organization applying for a State Premise Permit to contact the City in which it will be conducting lawful gambling in to provide a resolution in support of their application. The City received an application from Wendy Nelson, Gambling Manager for Spring Lake Park Youth Hockey to obtain a premises permit at Broadway Bar and Pizza. DeLaSalle High School has been conducting lawful gambling at Broadway Bar and Pizza and has limited resources to conduct other lawful gambling than just pull-tabs. DeLaSalle and Broadway Pizza have come to a mutual decision to not renew the lease for lawful gambling. Mike Schrauth, the owner of Broadway Pizza interviewed and talked with four other organizations to determine who they would like to partner with next. Mike said they were looking to create more activity or fun things in their restaurant and wanted to have an organization that was more community based within a three to five mile radius from his establishment. His establishment currently supports Fridley High School and Spring Lake Park High School and felt the Spring Lake Park Youth Hockey Association would be a great feeder system into those school programs and they have entered into a new lease. Spring Lake Park Youth Hockey currently conducts lawful gambling at Nicklow's in Spring Lake Park and Time Out in Blaine. Their current lease with Time Out will end at the end of March. Prior to this application, Spring Lake Park Youth Hockey did conduct lawful gambling at this location prior to Broadway Pizza purchasing the location. A background investigation was completed on Wendy Nelson, the Gambling Manager, and the Police Department found no reason to deny the application or to restrict the location for lawful gambling. State law changed on July 1, 2009, changing the term of a premises permit from two years to perpetual. This means that the license will remain in effect until the organization terminates the site or the Board suspends or revokes the permit. Staff recommends the City Council adopt a resolution in support of their premise permit application. RESOLUTION NO. 2010- A RESOLUTION IN SPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT FOR SPRING LAKE PARK YOUTH HOCKEY ASSOCIATION AT BROADWAY BAR AND PIZZA LOCATED AT 8298 UNIVERSITY AVENUE NE WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Spring Lake Park Youth Hockey Association; and WHEREAS, the location of the Premise Permit is for Broadway Bar and Pizza located at 8298 University Avenue NE; and WHEREAS, the Spring Lake Park Youth Hockey Association currently hold a license for lawful gambling at Time Out in Blaine and Nicklow's Restaurant in Spring Lake Park; and WHEREAS, the City of Fridley has found no reason to restrict the location or deny the application for lawful gambling purposes. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley supports the Minnesota Lawful Gambling Premise Permit Application for the Spring Lake Park Youth Hockey Association at Broadway Bar and Pizza located at 8298 University Avenue NE, Fridley, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF FEBRUARY 2010. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 William W. Burns, City Manager James Kosluchar, Public Works Director Layne Otteson, Asst Public Works Director February 22, 2010 Miscellaneous Concrete Repair Project No. 395 PW10-013 Attached is a resolution ordering advertisement for bids for the 2010 Miscellaneous Concrete Repair Project No. 395. This annual project includes concrete replacement of sidewalk, pavement, curb, and other miscellaneous concrete work in the City whether due to utility repairs, deterioration, or driveway entrance permits. The project cost estimate is $45,000, which is the same amount budgeted in 2009. Staff anticipates opening bids March 16t", 2010 and awarding March 29t", 2010. Recommend the City Council adopt the attached resolution ordering advertisement for bid for the 2010 Miscellaneous Concrete Repair Project No. 395. JPK:Iro Attachment RESOLUTION NO. 2010- RESOLUTION ORDERING ADVERTISEMENT FOR BIDS: 2010 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 395 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as required: 2010 Miscellaneous Concrete Repair Project No. 395 2. The plans and specifications prepared by the Director of Public Works for such improvements are hereby approved and shall be filed with the City Clerk. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published at least 10 days prior to bid opening, and shall specify the work to be done and will state that the bids will be opened and considered at 2:00 PM TUESDAY, MARCH 16, 2010, and that no bids will be considered unless sealed and filed with the Director of Public Works. That the advertisement for bids for 2010 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 395 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF FEBRUARY, 2010. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director February 22, 2010 Award of ST2009 - 02 Street Rehabilitation Project PW10-010 On Tuesday, December 29, 2009, at 10:00 am, bids were opened for the 2009-02 Street Rehabilitation Project. Fifteen sets of plans and specifications were sent out and seven bids were received. This project was advanced forward to 2010 in order to apply for Federal funding through the grant program "American Recovery and Reinvestment Act" (ARRA). The City received a grant in the amount of $262,500 to be applied to this project. The project is essentially a mill and overlay with adjacent sidewalk upgrades at the intersections along 61St Avenue, West Moore Lake Drive, and East Moore Lake Drive. The western terminus is Starlite Boulevard and the eastern terminus is Central Avenue. The low bid was received from Northwest Asphalt Inc. of Shakopee, MN, in the amount of $518,660.86. The high bid received was $609,387.81. The most recent construction cost estimate performed by Engineering was $496,608.29 in October, 2009. The original budget was estimated to be $463,000. Cost increases beyond the original budget were mostly due to asphalt price increases, additional concrete work at pedestrian ramps, and the street sign replacement. Asphalt pavements costs increased due to a substantial increase in the price of oil on the world market. Oil prices impact the production and transportation of the asphalt. 2. Concrete work costs increased as MNDOT required that the adjacent pedestrian ramps meet ADA requirements as this is a Federally funded project. Typically City staff decides what pedestrian upgrades are required adjacent to the City projects. 3. Street signs are mandated to meet Federal retro reflectivity standards by 2015. Staff determined this would be an opportunity to receive low bid prices. Funding for this project is derived from several sources including Federal, State, special assessments, and utility funds. Nearly half of the project is funded through ARRA in the amount of $262,500. This grant will be applied to non-assessable construction items such as concrete work, signage, and non-assessable pavement areas (schools, parks, etc.). Special Assessment funding is estimated in the amount of $183,000. Special assessments were calculated using the City's assessment policy for major roadway maintenance. The residential properties will be assessed approximately $1400 per property for a total of $28,000. The commercial properties will be assessed between $36 and $40 per lineal foot for a total of $155,000. Final assessment costs will be calculated at the completion of the project and assessed in the fall of 2010. Utility funding from sewer and water will pay for about $19,000 in utility upgrades. Work will include catch basin casting replacement, gate valve repair, pavement and boulevard restoration, and miscellaneous items. The balance of the project will paid using funds from the Minnesota State Aid account. The fund will be applied against construction items such as striping, curb and gutter, median, and other items. The amount is estimated to be $78,800. Final amountwill be determined at the completion of the project. Please refer to the attached summary sheet for a more specific breakdown of costs and funding sources, which also compares the preliminary budget to the revised budget. Also, please find the bid tabulation attached which includes the results of all bids that were received. Recommend the City Council receive the bids and award the 2009 Street Improvement Project No. ST. 2009 - 02, to Northwest Asphalt, Inc. of Shakopee, MN in the amount of $518,660.86. LO/J P K: Attachments ST2009-02 Pro�osed Contract Award Bid Costs The preliminary estimated cost (per the feasibility report) for the entire project and the revised project costs reflecting changes per the bids received are as follows: Component Street Reconstruction Water and Sewer Utility Repairs Bicycle / Pedestrian Accessibility Surveying, Design, Administration[1] Material Testing [2] TOTAL 7/27/09 Bud�eted Cost 12/29/09 Bid Cost $ 397,000.00 $ 433,038.36 $ 16,000.00 $ 19,054.00 $ 50,000.00 $ 66,568.50 $ 0 $ 20,000.00 $ 0 $ 5,000.00 $ 463,000.00 $ 543,660.86 [1] In house construction surveying and engineering costs are estimated [2] Laboratory material testing is required by 1VINDOT and costs are estimated Fundin� Sources Similarly, the funding sources are updated as follows: Funding Source Special Assessments Federal Funds (ARRA) State Funds (MSAS) Sanitary Sewer Fund Storm Sewer Fund Water Fund TOTAL 7/27/09 Funding Source $ 193,000.00 $ 254,000.00 12/29/09 Revised Funding $ 183,000.00 $ 262 500.00 $ 0 $ $ 10,000.00 $ $ 3,000.00 $ $ 3,000.00 $ $ 463,000.00 $ � 78,766.86 11,405.00 4,604.00 3,385.00 543,660.86 �?= vmi'S aN� s�aonn anena aivdol�aaia rn c U N � 7 N N � N 7 N � Z � O Q J O a N O N d' J��O LL m � Z O O Q p V N F O .N T F � F 0 N Umrna� �?= vmi'S aN� s�aonn anena aivdol�aaia rn c U N 7 N N � N 7 N Q � Z � O Q J O a N O � ~Q � F � LLJ � � � � N O T LL m Q Z O N O F p N T � � F 0 N Umrna� � � �ff1' 4F FRIDLE7` To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 William W. Burns, City Manager Donovan Abbott, Public Safety Director February 9, 2010 Joint and Cooperative Agreement for the Formation and Administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force The Cities of Anoka, Blaine, Champlin, Columbia Heights, Coon Rapids, Fridley, Maple Grove and the County of Anoka participate in a j oint enforcement proj ect called the Anoka- Hennepin Narcotics and Violent Crime Task Force. The City of Fridley has been a part of this multi-agency task force since 1996. A Joint and Cooperative Agreement was last signed by participating agencies in 2001. The general purpose of the agreement is to provide coordination and joint enforcement efforts within the jurisdictional boundaries of the member agencies of controlled substance crimes as defined in federal, state, and local statutes, as well as related violent crime and criminal enterprises associated with them. The most significant change reflects that the City of Fridley has taken a turn at providing supervisory personnel by assigning a sergeant to the task force. In addition, the agreement incorporates the addition of the City of Columbia Heights and the withdrawal of the Cities of Brooklyn Park and Brooklyn Center from the task force. The task force currently consists of 11 full-time peace officers from the participating agencies. Attached find an updated Joint and Cooperative Agreement. Staff recommends Council's approval. � AGENDA ITEM � COUNCIL MEETING OF FEBRUARY 22, 2010 � �F CLAI MS FRIDLE7` CLAIMS 145125 - 145255 � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 22, 2010 ��F LICENSES FRIDLE7` Contractor T e A licant A roved B Arctic Mechanical Heatin R an Carlisle Ron Julkowski, CBO Carrier Co oration Heatin Deborah Hall Ron Julkowski, CBO Centimark Co oration Commercial or S ecial Charlotte Stanle Ron Julkowski, CBO P& H Services Gas James Steffens Ron Julkowski, CBO Welsh Construction Commercial or S ecial William Krake Ron Julkowski, CBO � � �ff1' 4F FRIDLE7` AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 ESTI MATES Midwest Asphalt Corp. 5929 Baker Road Suite 420 Minnetonka, MN 55345 2008 Street Improvement Proj ect No. ST2008-01 FINAL ESTIMATE .......................................................................... $ 63,638.23 � � CfTY OF FRIaLE7 Date To From AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 February 16, 2010 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: First Reading of an Ordinance for a Rezoning Request, ZOA #10-01, Tri-Land Properties, Inc. INTRODUCTION Glenn Johnson of Tri-Land Properties Inc., from Westchester Illinois, owner of the subject property at 250 57th Avenue, is seeking to rezone the property from C-3, General Shopping to PUD, Planned Unit Development. The purpose of the rezoning is to allow for the redevelopment of the entire site to what the developer is calling The Fridley Market. Tri-Land Properties Inc, is proposing to redevelop the existing Cub Foods/Fridley Liquor Store site. The redevelopment will allow for structural changes to the existing building, modernization of the existing building exterior farade, and construction of new retail buildings along the north side of the property as well as the south side of the property. The site will also undergo reconstruction of the parking lot and entrances to promote multi-modal access, and installation of 146 new trees and landscaping. PAST COUNCIL ACTION At the February 8, 2010, City Council meeting, a public hearing was held for ZOA #10-01. The City Council evaluated many aspects of the project during a lengthy discussion and requested that a 60-day action letter be sent to the petitioner. Staff sent the letter as requested. PLANNING COMMISSION RECOMMENDATION At the January 20, 2010, Planning Commission meeting, a public hearing was held for ZOA #10-01. After some discussion between the Commission and staff and the Commission and the petitioner, the Planning Commission recommended approval of rezoning, ZOA #10-01, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and an addition of stipulation #32. City Staff recommends that Council hold the first reading of the ordinance to approve rezoning request, ZOA #10-01, from C-3, General Shopping to PUD, Planned Unit Development. Prior to 2nd Reading, the petitioner will submit the General Plan for Development for staff and the City Attorney to review and approve. Several items, such as the Architectural Design and Signage Guidelines, a Comprehensive Sign Plan, an updated Site Plan and Architectural Plans and Phasing Plans will be attached to the General Plan for Development. Once staff and the City Attorney are satisfied with the above mentioned submittals, the below stipulations will be modified to depict actual plan and page numbers and the submittals will be ready for the City Council to review during second reading. STIPULATIONS 1. The property shall be developed in accordance to the General Plan for Development Agreement, which will include the architectural plans dated and the Architectural Design and Signage Guidelines dated .(This agreement shall be prepared by the petitioner and approved by staff prior to City Council review of the rezoning request.) 2. The General Plan for Development Agreement must include a three-year time limit to construction inactivity between phases until full build out of the site is complete as proposed. 3. The property shall be developed in accordance with the site plan SP.1 dated , which will incorporate the stipulations included herein and approved by staff. (Site plan shall be revised per City staff comments included in staff report prior to City Council review of the rezoning request.) 4. The building elevations and signage shall be constructed in accordance with architectural plans , dated .(Architectural elevations shall be modified to list every material to be used on each side of each of the building and architectural design and signage guidelines shall be modi�ed per City staff's request prior to City Council review of the rezoning request.) 5. Phasing Plan shall be modified to show demolition of the entire 50 feet on the front of the building to be completed within one year of the opening of the Cub Foods store and the plans and shall be redone to show modi�cation of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. 7. The proposed project and phasing shall meet all Building code, Fire code, and ADA requirements. 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant of building permit applications, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and fixtures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock- wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57t`' Avenue. 14. All lighting shall be no more than 3-foot candles at the property line. 15. Site Plan must be redrawn to relocate outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sa/es area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the /oss of parking or snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale areas use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sa/es areas. 20. No fertilizer shall be stored outside. 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Specific areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a specific stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 27. Applicant will have to provide a specific temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a specific utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require external grease traps approved by Engineering on respective sanitary sewer discharge lines. 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail 8. Upon completion the petitioner shall provide revised traffic data to the City, County and Mn/DOT for approvals. 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: 250 57t" Avenue NE Lot 2, Block 1, Holiday North 2nd Addition, subject to easement of record. Is hereby designated to be in the Zoned District PUD (Planned Unit Development) 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 C-3 (General Shopping) to PUD (Planned Unit Development). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8tn DAY OF MARCH, 2010. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: February 8, 2010 First Reading: February 22, 2010 Second Reading: March 8, 2010 Publication: ATTACHMENT ONE 1. The property shall be developed in accordance to the General Plan for Development Agreement, which will include the architectural plans dated and the Architectural Design and Signage Guidelines dated .(This agreement shall be prepared by the petitioner and approved by staff prior to City Council review of the rezoning request.) 2. The General Plan for Development Agreement must include a three-year time limit to construction inactivity between phases until full build out of the site is complete as proposed. 3. The property shall be developed in accordance with the site plan SP.1 dated , which will incorporate the stipulations included herein and approved by staff. (Site plan shall be revised per City staff comments included in staff report prior to City Council review of the rezoning request.) 4. The building elevations and signage shall be constructed in accordance with architectural plans , dated . (Architectural elevations shall be modified to list every material to be used on each side of each of the building and architectural design and signage guidelines shall be modified per City staff's request prior to City Council review of the rezoning request.) 5. Phasing Plan shall be modi�ed to show demolition of the entire 50 feet on the front of the building to be completed within one year of the opening of the Cub Foods store and the plans and shall be redone to show modification of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. 7. The proposed project and phasing shall meet all Building code, Fire code, and ADA requirements. 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant of building permit applications, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and �xtures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock-wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57t`' Avenue. 14. All lighting shall be no more than 3-foot candles at the property line. 15. Site Plan must be redrawn to relocate outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sa/es area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the /oss of parking or snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale areas use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sa/es areas. 20. No fertilizer shall be stored outside. 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Speci�c areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a specific stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 27. Applicant will have to provide a specific temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a specific utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require external grease traps approved by Engineering on respective sanitary sewer discharge lines. 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail 8. Upon completion the petitioner shall provide revised traffic data to the City, County and Mn/DOT for approvals. � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 William W. Burns, City Manager PW10-015 James Kosluchar, Public Works Director February 22, 2010 Approval of Leases for Water Tower #1, Water Tower #2, and Marion Hills Reservoir with Clear Wireless, LLC. Clear Wreless, LLC contacted the City of Fridley some months ago in regard to a possible lease for telecommunications equipment on the City of Fridley's Water Tower #1 (Commons Park), Water Tower #2 (Highway 65), and Marion Hills Reservoir (Johnson Street NE). Clear Wreless is currently building a 4G WMAX mobile internet wireless network. The goal of their network is to provide increased internet bandwidth with larger area coverage, as no wi-fi hotspots are required. Clear networks are established in cities in Texas, the Pacific Northwest, the Carolinas, and in Chicago. Clear Wireless is requesting lease agreements for three City of Fridley sites, and are permitting three additional (non-City) sites. Transmitting data with this system requires a combination of directional antennas and dishes. Clear Wreless will require a panel at each site, along with a maximum of six antennas and dishes. Our standard lease rates are geared toward a minimum charge accommodating 9 antennas and substantial communications shelters. We have prorated this charge for 6 antennas/dishes and smaller communications panels. Each site would start at $1350 per month. Clear Wreless will commit to a CPI adjustment with a minimum 4% escalator. Modifications to our standard agreement are minimal, and include the ability of Clear Wreless to delay their first payment until construction start. The term of each agreement is for five years, with four five year extensions, as is standard language in our leases. All three site agreements are identical aside from location. Staff recommends the City Council approve the terms of the attached revised lease with Clear Wreless, LLC for Water Tower #1, Water Tower #2, and the Marion Hills Reservoir. Since all three agreements are identical with the exception of location, we have attached one, and would ask that the City Council approve of them as individual items. JPK/jpk Attachment TOWER SITE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY, MINNESOTA AND Clear Wireless, LLC. TOWER SITE LEASE AGREEMENT THIS TOWER SITE LEASE AGREEMENT ("Lease") is made and entered into as of the 22nd day of February, 2010, by and between the City of Fridley, a municipal corporation ("Landlord"), and Clear Wireless, LLC, a Nevada Limited Liability Company ("Tenant"). AGREEMENTS 1. PREMISES Landlord owns certain property legally described on exhibit a("Property"). Landlord leases to tenant, and tenant leases from Landlord, the portion of the Property legally described on Exhibit "B" ("Premises"). Landlord also grants Tenant the access Easement and Utility Easement described in Section 5 of this Lease on, over, under and upon the adjacent land of Landlord. 2. USE The Premises will be used for the purpose of installing, constructing, maintaining, repairing, operating, altering, inspecting, expanding, adding to and removing Tenant's communications equipment, including, but not limited to the following: 2.1 Any and all antenna(s), dish(es) and/or grids as Tenant may deem appropriate. 2.2 Transmission lines and mounting and grounding hardware. 2.3 A concrete pad and equipment cabinet(s) containing, without limitation, telecommunications equipment consisting of base station(s), wireless communication equipment, switch(es), power supply(ies), battery(ies), and accessories. For the purpose of this Lease, all of Tenant's equipment, antennas, dishes, lines, switches, power supplies, batteries, accessories, and the necessary appurtenances will be referred to herein collectively as the "Communications Facility". The above-described concrete pad, equipment cabinet(s), equipment contained therein, and lines and equipment may be installed by Tenant or by any of Tenant's agents or contractors. Tenant has the right to make alterations to the Communications Facility from time to time as Tenant determines to be necessary or desirable. The installation of any addition to the Communications Facility, or other equipment or property owned by Tenant that is intended to be located on the Premises, shall not occur without the prior notice to and approval of the Landlord, which shall not be unreasonably withheld, conditioned or delayed without reasonable cause stated to the Tenant in writing. 3. TERM 2 3.1. Primary Term. The primary term ("Primary Term") of this Lease shall commence upon the date Tenant begins construction of the Communication Facility or twelve (12) months following full execution, whichever first occurs 3.2. Extended Term Tenant is granted the option to extend the Primary term of this Lease for four (4) additional periods of five (5) years each ("Extended Term"), provided Tenant is not then in default under this Lease. Each of Tenant's options to extend will be deemed automatically exercised without any action by either party unless Tenant gives written notice of its decision not to exercise any option(s) to Landlord before expiration of the then current term. ��.� �1►Y Y Tenant agrees to pay rent to Landlord monthly in advance beginning on the Commencement date an amount equal to One Thousand Three Hundred Fifty Dollars ($1350.00) for attaching up to six antennas and/or dishes to the tower which base amount will be increased annually by an amount equal to the increase in the Consumer Price Index (CPI), but by no less than four percent (4%). The CPI shall mean the "Consumer Price Index" for All Urban consumers, All Cities, All Items (1984=100%), as published by the United States Department of Labor statistics, or if such index shall e discontinued, the successor index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under the CPI adjuster, the annualized rental for previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent. Rent will be paid to Landlord at its address designated in Section 8. 5. ACCESS AND UTILITIES Subject to prior review and approval by Landlord of drafted plans or designs for access over any such lands, rights-of-way or easements, which approval shall not be unreasonably delayed, conditioned or withheld, Landlord grants to Tenant, for use by Tenant, its employees, agents contractors and by utility companies, an easement and license over, under, upon and across the adjoining lands of Landlord, and rights-of-way or easements owned or leased by Landlord, on a twenty-four (24) hour daily basis, for (i) ingress and egress to and from the Premises and the Communications Facility (the "Access Easement"), and (ii) the installation, operation and maintenance of necessary utilities for the Premises and the Communications Facility (the "Utility Easement"). If reasonable in Tenant's opinion, such Access Easement and Utility Easement will be over and lie within e�sting roads, parking lots and/or roads hereafter established by Tenant. Tenant may improve the Access Easement by grading, graveling and/or paving. The Access Easement, to the extent further identified, is more particularly described on 3 Exhibit C, and the Utility Easement, to the extent further identified and not lying within the Access Easement, is more particularly described on Exhibit D. Tenant will notify Landlord of any change in the particular location of any Access Easement or Utility easement, if such differs from the descriptions on Exhibit C and D hereto. 6. UTILITIES Tenant will be solely responsible for and promptly pay all charges for gas, electricity, telephone service, or any other utility used or consumed by Tenant on the Premises. If necessary, Tenant will have a meter installed at the Premises for Tenant's utility use, and the cost of such meter and of installation, maintenance, and repair thereof will be paid for by Tenant. Tenant may install or improve existing utilities servicing the Communications Facility and may install an electrical grounding system or improve any existing electrical grounding system to provide the greatest possible protection from lightning damage to the Communications Facility. 7. HOLDING OVER If Tenant holds possession of the Premises or any portion thereof after the date upon which the Premises are to be surrendered, Tenant will become a tenant on a month-to-month basis upon all the terms, covenants, and conditions of this Lease except those pertaining to the Lease term and, during any such month-to-month tenancy, Tenant will pay monthly rent as per Section 4. Tenant will continue occupying the Premises from month-to-month until terminated by Landlord or Tenant by the giving of thirty (30) days' prior written notice to the other. 8. NOTICE All notices or demands are deemed to have been given or made when delivered in person or mailed by certified, registered, or express mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows: Landlord: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Attention: City Manager Phone #: 612-572-3506 Fax #: 612-571-1287 Tenant: Clear Wireless LLC Attn: Site Leasing 4400 Carillon Point Kirkland, WA 98033 Telephone: 425.216.7600 Fax: 425.216.7900 Email: siteleasin�(cr�,clearwire.com with a copy to: Clear Wireless LLC 0 Attention: Legal Department 4400 Carillon Point Kirkland, WA 98033 Telephone: 425.216.7600 Fax: 425.216.7900 A party may change its address to which any notice or demand may be given by written notice thereof to the other party. 9. LIABILITY AND INDEMNITY Tenant agrees to indemnify and save the Landlord harmless from all claims (including costs and expenses of defending against such claims) arising from any breach of this Lease by tenant, or any negligent act, negligent omission or intentional tort of Tenant or Tenant's agents, employees, contractors, invitees or licensees occurring during the term of this Lease in or about the Premises. Landlord agrees to indemnify and save Tenant harmless from all claims (including costs or expenses of defending against such claims) arising from any breach of this Lease by Landlord, or any negligent act, negligent omission or intentional tort of Landlord or Landlord's agents, employees, contractors, invitees, licensees. The provisions of this Section 9 will survive the termination of this Lease. 10. TERMINATION 10.1. In addition to the right to terminate granted in Section 11 of this Lease, Tenant has the right to terminate this Lease at any time upon any of the following events: 10.1.1. Upon providing Landlord ninety (90) days prior written notice; or 10.1.2. If the approval of any agency, board, court, or other governmental authority necessary for the construction and/or operation of the Communications Facility cannot be obtained, or is revoked, or if Tenant determines the cost of obtaining such approval is prohibitive; or 10.1.3. If Tenant determines that the Premises are not appropriate for locating the Communications Facility for technological reasons, including, but not limited to, signal interference. 10.2. Tenant will give Landlord thirty (30) days written notice of termination of this Lease under the terms of section 10.1.2. and 10.1.3. above. Upon termination, neither party will owe any further obligations under this Lease except for the indemnities and hold harmless provisions in this Lease, the provisions of Section 20 of this Lease, the prompt reimbursement of pro-rata prepaid rent and Tenant's responsibility for removing all of the Communications Facility from the Premises and restoring the Premises to its condition as of the commencement date of this Lease. 11. DEFAULT 5 If Tenant fails to comply with any material provision of this Lease, including, without limitation, failure to maintain the Premises and the Communications Facility in a manner consistent with public health and safety or causing or permitting a nuisance on the Premises, and such failure is not cured within thirty (30) days after receipt of written notice thereof from Landlord, Landlord may, at its option, terminate this Lease without affecting its right to sue for al past due rentals and any other damages to which Landlord may be entitled. If any such default cannot reasonably be cured within thirty (30) days, Tenant will not be deemed to be in default under this Lease if Tenant commences curing such default within the thirty (30) day period and thereafter diligently pursues such cure to completion. If Landlord is entitled to collect damages or otherwise remedy such default, and if Landlord seeks enforcement of its rights through an attorney or other legal procedures, Landlord is entitles to collect, in addition to any other amounts owed, is reasonable costs and attorneys' fees thereby incurred. If Landlord fails to comply with any material provision of this Lease, and such failure is not cured within thirty (30) days after receipt of written notice thereof from Tenant, Tenant may, at its option, cure the failure at Landlord's expense (which expense may, at Tenant's option, be deducted from rent) or terminate this Lease without affecting its right to demand, sue for, and collect all of its damages arising out of Landlord's failure to comply. If any such default cannot reasonably be cured within thirty (30) days, Landlord will not be deemed to be in default under this Lease if Landlord commences curing such default within the thirty (30) day period and thereafter diligently pursues such cure to completion. If Tenant is entitled to collect damages or otherwise remedy said default, and if Tenant seeks enforcement of its rights through an attorney or other legal procedures, Tenant is entitled to collect, in addition to any other amounts owed, its reasonable costs and attorneys' fees thereby incurred. The rights and remedies stated in this Lease are not exclusive and the parties, in the event of a breach of this Lease or a dispute, are entitled to pursue any of the remedies provided in this Lease, by law, or by equity. No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Lease will operate as a waiver of any of the rights provided hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of any subsequent default, and no express waiver will affect any term or condition other than the one specified in such waiver and the express waiver will apply only for the time and manner specifically stated. 12. TAXES Unless separately billed to Tenant by a taxing authority, Tenant will pay annually to Landlord an amount equal to any increase in real estate taxes directly attributable to any improvement to the Premises made by Tenant. Tenant will pay to Landlord Tenant's share of any such tax within sixty (60) days of receipt of sufficient documentation indicating calculation of Tenant's share and payment of the real estate taxes by Landlord. Landlord must pay annually when due all real estate taxes and assessments attributable to the Premises, the Access Easement, the Utility Easement, and the tax lot(s) of which they are a part. Upon written request by Tenant, Landlord will furnish evidence of payment of such assessments and taxes. 0 13. INSURANCE 13.1. Required Insurance of Tenant During the term of this Lease and at Tenant's sole expense, Tenant will obtain and keep in force, not less than the following insurance: 13.1.1. Property insurance on Communications Facility, including coverage for fire, extended coverage, vandalism and malicious mischief, and damage resulting from structural failure of the Landlord's tower in an amount not less than ninety percent (90%) of the full replacement cost of the Communications Facility; 13.1.2. Commercial General Liability insuring operations hazard, independent contractor hazard, contractual liability, and products and completed operations liability, in limits not less than $5,000,000 combined single limit for each occurrence for bodily injury, personal injury and property damage liability, naming Landlord as an additional insured; and 13.1.3. Workers' Compensation and Employer's Liability insurance. 13.2. Required Insurance of Landlord Landlord must, during the term of this Lease and at Landlord's sole expense, obtain and keep in force, the following insurance: 13.2.1. Property insurance, including coverage for fire, extended coverage, vandalism and malicious mischief on the site, in an amount not less than 90% of the full replacement cost of the Site (excluding, however, the Communications Facility); and 13.2.2. Commercial General Liability insuring operations hazard, independent contractor hazard, contractual liability and products and completed operations liability, in limits not less than $600,000 combined single limit for each occurrence for bodily injury and property damage liability, naming Tenant as an additional insured. 13.3. Policies of Insurance Tenant's required insurance policies must be taken out with reputable national insurers that are licensed to do business in the jurisdiction where the Premises are located. Landlord's required insurance policies must be taken out with the League of Minnesota Cities Insurance Trust. Each party will deliver certificates of insurance to the other party upon request. All policies must contain an undertaking by the insurers to notify the other party in writing not less than fifteen (15) days before any material change, reduction in coverage, cancellation, or termination of the insurance. 14. (RESERVED) 15. FIXTURES 7 Landlord covenants and agrees that no part of the improvements installed, constructed, erected or placed by Tenant on the Premises or other real property owned by Landlord will be or become, or be considered as being, affixed to or a part of Landlord's real property; and any and all such provisions and principles of law to the contrary notwithstanding, it is the specific intention of Landlord to covenant and agree hereby that all personal property and improvements of every kind and nature installed, constructed, erected, or placed by Tenant on the Premises, or other real property owned or leased by Landlord, will be and remain the property of Tenant despite any default or termination of this Lease and may be removed by Tenant any time in Tenant's discretion provided that Tenant at its expense restores the Premises pursuant to Section 10.2. 16. MEMORANDUM OF AGREEMENT After preparation of the legal descriptions of the Premises, Access Easement and Utility Easement, each party, at the request of the other, will sign a Memorandum of Lease and easements. Tenant, at its sole expense, may record the Memorandum of Lease and Easements in the land records of the recording office(s) responsible for notice purposes. 17. ASSIGNMENT AND SUBLETTING BY TENANT Tenant shall have the right to sublease or assign its rights under this Lease by giving notice to Landlord in the manner described in Section 8, within the following limitations. If tenant sublets to another tenant having a lease with the City of Fridley for a communications facility (Other Tenant), and if that Other Tenant reduces the amount of equipment and their existing lease amount or requests termination of their lease, Tenant shall pay the difference in the existing rate of the Other Tenant's lease to the City of Fridley for the duration of Other Tenant's lease in force at the time of the reduction or termination. 18. PERMITS Landlord acknowledges that Tenant will be contacting the appropriate local governmental agencies for the purposes of obtaining all building permits and approvals, zoning changes and/or approvals, variances, use permits, and other governmental permits and approvals (collectively, "Permits") necessary for the installation, construction, operation and maintenance of the Communications Facility. Landlord agrees to fully cooperate with Tenant in obtaining the Permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificates or other documents that may be required in connection with the Permits. 19. DEBT SECURITY Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of trust or security deed, assign, create a security interest in, or otherwise execute and delivery any and all instruments for the purpose of securing bona fide indebtedness any or all of Tenant's interest in this Lease, or any part thereof, and any and all of Tenant's right, title, and interest in and to any and all of the Communications Facility. Promptly on Tenant's or Tenant's lender's request, Landlord shall execute and deliver, and shall assist in facilitating the execution and delivery of, all documents requested by any of Tenant's lenders including but not limited to waivers of 0 Landlord's right to levy or distrain upon for rent any of tenant's property given as security for a debt, consents that none of the Communications Facility shall become fixtures, consents to giving notice to Tenant's lender(s) in the event of tenant's default under the provisions of this Lease, consents to Tenant's assignment to any lender(s) of any and all of tenant's interest in or to this Lease and the Communications Facility and nondisturbance agreements from Landlord and Landlord's lenders. Tenant shall reimburse Landlord for any reasonable costs incurred in the execution and delivery of any documents, as well as any other expenses resulting from an obligation incurred as the result of this Section. 20. ENVIRONMENTAL MATTERS Landlord represents that, to the best of its knowledge, the Premises, Access Easement and Utility Easement and any existing improvements thereon, are free of hazardous substances, toxic substances and/or contamination (collectively, "Hazardous Substances"). Landlord agrees that it will not introduce or use any Hazardous Substances on the Site in violation of any applicable law. Tenant will indemnify, protect, defend and hold harmless Landlord from and against all claims, suits, actions, causes of action, assessments, losses, penalties, costs, damages and expenses, including, without limitation, attorneys' fees, sustained or incurred by pursuant to any federal, state or local laws, implementing regulations, common law or otherwise dealing with matters relating to Hazardous Substances released by in, upon or beneath the Premises, Access Easement or Utility Easement. 21. FENCES During the Primary Term and each Extended Term, Tenant may fence in that portion of the Premises as Tenant determines is reasonable for the proper and efficient operation and protection of the Communications Facility, upon review and approval by Landlord of plans for such fence, which approval will not be unreasonably withheld, conditioned or delayed. 22. TITLE Landlord represents and warrants to Tenant that Landlord has good and marketable title to the Premises, Access Easement and Utility Easement, free and clear of all liens, encumbrances and exceptions, except those described in Exhibit E attached hereto, of duration and quality equal to that conveyed to Tenant by this Lease. Landlord shall warrant and defend the same to Tenant against the claims and demands of all persons and entities. 23. CONDEMNATION OF PREMISES If any governmental, public body or other condemning authority takes, or if Landlord transfers in lieu of such taking, all or part of the Premises, Access Easement or Utility Easement thereby making it physically or financially infeasible for the Premises to be used in the manner intended by the Lease, Tenant shall have the right to terminate this Lease effective as of the date of the taking by the condemning party and the rental shall be prorated appropriately. If only a portion of the Premises, Access Easement or Utility Easement is taken, and Tenant does not elect to terminate this Lease under this provision, then the Lease shall continue but rental payments 0 provided under this Lease shall abate proportionately as to the portion taken which is not then usable by Tenant, and Landlord shall make all necessary repairs and alterations to restore the portion of the Premises, Access Easement and Utility Easement remaining to as near their former condition as circumstances will permit (at a cost not to exceed Landlord's proceeds from said condemnation or transfer). In the event of any condemnation, taking or conveyance in lieu thereof which results in a termination of the Lease, Landlord will not be entitled to that portion, if any, of an award made to or for the benefit of Tenant for loss of Tenant's property, moving expenses, or for damages for cessation or interruption of Tenant's business. 24. QUIET ENJOYMENT Landlord covenants that Tenant, upon paying the rent and observing the other covenants and conditions herein upon its part to be observed, will peaceably and quietly hold and enjoy the right to use the Premises, Access Easement and Utility Easement on the terms and conditions and for the purposes stated herein during the term of this Lease, as it may be extended, without hindrance, ej ection or molestation by Landlord or any person(s) or entity(ies) claiming under the Landlord. 25. CONTINGENCIES Not anything contained herein to the contrary, and in addition to and not in limitation of Tenant's other rights hereunder, it is expressly agreed that Tenant's obligations under this Lease are conditioned upon: 25.1. Tenant's satisfaction with the status of title to the Premises and, at Tenant's option, Tenant's receipt of a leasehold title insurance policy insuring its leasehold interest in the Premises, in form and substance satisfactory to Tenant. Landlord shall execute the standard form of title company affidavit in order to enable Tenant to obtain title insurance on the Premises free and clear of all exceptions other than those which have been disclosed in writing to Tenant and which do not interfere with tenant's use of the Premises; and 25.2. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility of engineering, installing, constructing and operating the Communication's Facility: Tenant's receipt of al necessary or appropriate building and construction permits and all licenses, permits, approvals and consents from all applicable governmental authorities necessary or appropriate for Tenant to use and operate the Communication's Facility on the Premises. 25.3 Tenant's receipt of an accurate and executed W-9 Form from Landlord. Tenant is hereby given the right to survey; soil test; radio coverage test, and to conduct any other investigations needed to determine if the surface and location of the Premises are suitable for Tenant's use intended by this Lease. 26. INTERFERENCE 10 Landlord will not permit or suffer the installation, existence and maintenance of any other improvement (including, without limitation, transmission or reception devices) upon the Property if such improvement interferes with transmission or reception by Lessee's Communications Facility in any manner whatsoever, except installation, existence and maintenance by the Landlord of facilities or equipment associated with the maintenance and operation of municipal utilities or other municipal services at the site. 27. ITEMS TO BE DELIVERED TO TENANT Within ten (10) days following a request from Tenant, Landlord shall, to the extent available, deliver to Tenant an accurate copy of all, environmental audits relating to the Premises. 28. COMPLIANCE Landlord represents and warrants that all operations conducted by Landlord in connection with the Property meet all applicable state, federal, county and local codes and regulations. Landlord agrees that it will conduct its operations in the future in accordance with all such codes, mortgage, deed of trust or other instrument encumbering the Property in order for Tenant to construct, operate, maintain or access the Communications Facility. During the term of this Lease, Tenant will comply with all applicable laws relating to Tenant's use of the Premises. Tenant will not commit or suffer to be committed any waste on the Premises or any nuisance. 29. LIENS Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant and shall indemnify, defend and hold Landlord harmless from all claims, costs and liabilities, including reasonable attorneys' fees and costs, in connection with or arising out of any such lien or claim of lien. Tenant shall cause any such lien imposed on the Premises to be released of record by payment or posting of a proper bond within thirty (30) days after written request by Landlord. . 30. SUBORDINATION Tenant agrees that this Lease shall be subject and subordinate to any mortgages or deeds of trust now or hereafter placed upon the Premises and to all modifications thereto, provided that Tenant's possession of the Premises shall not be disturbed so long as Tenant continues to perform its duties and obligations under this Lease and Tenant's obligation to perform such duties and obligations shall not e in any way increased or its rights diminished by the provisions of this paragraph. Tenant agrees to attorn to the mortgagee, trustee or beneficiary under any such mortgage or deed of trust, and to the purchaser in a sale pursuant to the foreclosure thereof; provided that Tenant's possession of the Premises shall not be disturbed so long as Tenant shall continue to perform its duties and obligations under this Lease. 31. ENTIRE AGREEMENT AND BINDING EFFECT 11 This Lease and any attached exhibits and nondisturbance and attornment agreement(s) mentioning this Lease, constitute the entire agreement between Landlord and Tenant; no prior written promises or prior contemporaneous or subsequent oral promises or representations will be binding. This Lease will not be amended or changed except by written instrument signed by the parties hereto. Section captions herein are for convenience of reference only and neither limit nor amplify the provisions of this Lease. The invalidity of any portion of this Lease shall not have any effect on the balance thereof. The provisions of this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of Landlord and Tenant. 32. GOVERNING LAW This Lease shall be governed by the laws of the state in which the Premises are located. IN WITNESS WHEREOF, Landlord and tenant have signed this Lease as of the date and year first above written. TENANT: Clear Wireless, LLC, a Nevada Limited Liability Company I� Name: Title: Date: 12 LANDLORD: The City of Fridley, a Municipal corporation : Name: Title: Date: Federal Tax Identification Number (Please complete — Tcrx ID # required) � � CffY OF FRIDLEI' TO: From: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director February 22, 2010 PW10-014 Resolution withdrawing special assessment for Project ST2008-01 on Anoka County property The Street Improvement Project ST2008-01 included reconstruction of streets citywide, including curb and gutter, grading and base, and pavement. A portion of this project, mainly completed in 2008, was funded by special assessments to befitting property owners. Curb and gutter and associated improvement elements were assessed in accordance with the City of Fridley's assessment policies. Notices of proposed assessments were mailed per legal requirements to all owners subject to assessment. The City of Fridley was contacted by Anoka County Parks staff after the certification process was completed regarding assessment to a parcel located at 6890 Channel Road (PIN 13-30-24-21-0019). Anoka County Parks staff advised that the notice for this parcel was not routed to them until after certification of assessments, and they indicated their contention that the property being assessed does not receive special benefit from the project. They indicated that this parcel is dedicated park land, is not subject to development, and does not have direct access to Channel Road. Engineering staff believed that the paved area shown in the attached aerial photo was intended to provide maintenance access to the property. Anoka County Parks staff indicated that this is not the case, and the paved area is rather an encroachment upon park property. While there is no legal requirement to withdraw the special assessment applied to this property, Engineering staff recommends that the special assessment in the amount of $9,182.04 against this parcel is withdrawn in good faith and spirit of cooperation, as we understand Anoka County's reasoning for this request. It is notable that other Anoka County properties were assessed for this project and have been paid in full. Staff recommends the City Council move to approve the attached resolution authorizing the City Clerk to withdraw the certification of this property's special assessment for Street Improvement Project ST2008-01. JPK:jpk Attachments f�� City of Fridley - CivicSight Map � �.> MAP LEGEND: PARCEL INFORMATION: CENTERLINES PIN - 1 3302421 001 9 Owner Info: CITY LIMITS Name 1- ANOKA COUNTY OF Name 2 - WATER Owner Address - 325 EAST MAW ST Owner CSZ - ANOKA, MN 55303-0000 ❑ PARCELS Site Address - NE Legal Description: LOT 3 BROOKVIEW ADD, EX PRT PLATTED AS VALLEY VIEW MANOR, SUBJ TO EASE OF REC LOT 3 BROOKVIEW ADD, EX PRT PLATTED AS VALLEY VIEW MANOR, SUBJ TO EASE OF REC Map Scale: 1 inch = 100 feet Map Date: 2/17/2010 Data Date: January 7, 2010 Sources: FRIDLEY GIS ANOKA COUNTY ASSESSOR'S OFFICE Disclaimer: Copyright OO 2007 Pictometiy International Coip. Creation Date: Apr 17, 2008 10:24 Modification Date: Sep 16, 2008 22:37 Scale: 1 inch = 100.0 feet 2008 STREET IMPROVEMENT PROJECT FINAL ASSESSMENT ROLL CITY PROJECT NO. ST 2008-1 PIN Taypayer's Name Address Assessment 3-30-24-31-0041 3-30-24-31-0047 3-30-24-31-0113 3-30-24-31-0114 3-30-24-31-0122 3-30-24-42-0001 10-30-24-41-0028 10-30-24-41-0029 10-30-24-41-0030 10-30-24-41-0031 10-30-24-41-0033 10-30-24-41-0035 10-30-24-41-0055 10-30-24-44-0013 10-30-24-44-0014 10-30-24-44-0015 10-30-24-44-0016 10-30-24-44-0017 10-30-24-44-0018 10-30-24-44-0019 10-30-24-44-0020 10-30-24-44-0021 10-30-24-44-0022 10-30-24-44-0039 10-30-24-44-0040 10-30-24-44-0041 10-30-24-44-0042 10-30-24-44-0043 12-30-24-13-0016 12-30-24-13-0018 12-30-24-13-0065 12-30-24-13-0069 12-30-24-13-0083 12-30-24-13-0084 12-30-24-13-0085 12-30-24-13-0086 12-30-24-13-0087 12-30-24-13-0091 13 30 24 21 0014 ..�. �.,. —�.. 13-30-24-21-0016 13-30-24-21-0019 PETERSON LAURA SEFEROVIC TARIK JORGENSON LESLIE & PATRICIA FERNANDEZ ELEAZAR & JOSEPHINE DAUGHERTY STEPHEN J& KIM I KLISMITH MICHAEL F& RACHEL C GOMEZ ENRIQUE MII,E HIGH PROPERTIES LLC KNUDSEN JOEL PERSAUD PRISCII,LA D PUY VATHANA SCHILLING THOMAS A& PAMELA J SELIN DAVID A& RACHEL A ANOKA COUNTY OF NORTHOME PARTNERSHIP ANDREWS GEORGE F& NANCY JO MOHAMED ASHA PIERCE PATRICIA FETROW ROBERT T& FRANCES A SWANSON KEVIN J GENOSKY THOMAS D& DORIS A RASMUSSEN KIRK A& BETH C SCHI,EISS BENJAMIN V FOREMAN D& MCCANN M TRUSTEES BODEN TRAVIS C& MATTSON N R ANDERSON JOEL R& ROBIN S MCGUIRE JAMES J& SUSAN ANN BERRY HARLAND BOATMAN ROSHELLE LABRECHE J W& H BETH HUB JAMES C& TERESA A MONTENEGRO DORY AMERICAN LEGION POST #303 HOUSING CORP FOR SHADDICK ETAL MARBEN PATRICIA R YANG CHER & LEE PAI KARN EDWARD EMNIETT SR CIRCLE CREEK LLC KNIGHT ANDREW W ANOKA COUNTY OF & PETEI� G J 13-30-24-21-0030 OLSEN FLOYD W& BARBARA A 13-30-24-21-0034 NORTH AIR HOME ASSOCIATION 13-30-24-21-0050 NORTH AIR HOME ASSOCIATION Page 2 7939 E RIVER RD 7969 E RIVER RD 305 LIBERTY ST 303 LIBERTY ST 300 LIBERTY ST 7905 E RIVER RD 7135 E RIVER RD 7129 ASHTON AVE 7125 ASHTON AVE 7119 ASHTON AVE 7115 ASHTON AVE 7109 ASHTON AVE 7107 ASHTON AVE 7099 HICKORY DR 7091 HICKORY DR 7083 HICKORY DR 7075 HICKORY DR 7067 HICKORY DR 7061 HICKORY DR 7053 HICKORY DR 7043 HICKORY DR 7035 HICKORY DR 7027 HICKORY DR 7092 HICKORY DR 7084 HICKORY DR 7076 HICKORY DR 7068 HICKORY DR 7030 HICKORY DR 1335 ONONDAGA ST 1381 ONONDAGA ST 1395 ONONDAGA ST 1365 ONONDAGA ST 7361 CENTRAL AVE 1360 ONONDAGA ST 1366 ONONDAGA ST 1382 ONONDAGA ST 1390 ONONDAGA ST 7401 CENTRAL AVE 6899 CHANNEL RD 6889 CHANNEL RD 6831 HWY 65 6831 HWY 65 $ 1,645.50 $ 1,710.71 $ 1,430.00 $ 858.00 $ 429.00 $ 2,194.05 $ 601.37 $ 608.26 $ 593.36 $ 608.71 $ 561.89 $ 582.35 $ 557.78 $ 2,513.40 $ 2,722.71 $ 1,446.56 $ 1,408.32 $ 1,365.20 $ 1,324.34 $ 1,431.72 $ 1,630.94 $ 1,484.10 $ 1,484.10 $ 1,799.08 $ 1,634.78 $ 1,485.32 $ 1,484.10 $ 1,484.10 $ 1,825.79 $ 1,309.50 $ 1,396.80 $ 2,095.20 $ 10,196.75 $ 1,309.50 $ 1,309.50 $ 1,309.50 $ 1,746.00 $ 8,884.18 $ 1,864.90 � 1,44�.1� $ 9,182.04 $ 1,746.00 $ 2,858.58 $ 16,028.80 RESOLUTION NO. 2010 - A RESOLUTION AUTHORIZING THE CITY CLERK TO WITHDRAW THE CERTIFICATION OF CERTAIN SPECIAL ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST2008-01 BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: WHEREAS, the City Council of the City of Fridley, Minnesota, has previously assessed the following described property for Street Improvement Proj ect ST2008-01 in Resolution 2008-54, adopted on the lOth day of November, 2008: LOT 3 BROOKVIEW ADDITION, EXCEPT PORTION PLATTED AS VALLEY VIEW MANOR, PIN #13-30-24-21-0019; and WHEREAS, the above property, presently owned by Anoka County, is dedicated as part of Locke Park, maintained by the Anoka County Parks Department; and WHEREAS, Anoka County has indicated this previous special assessment is upon property that receives no benefit due to park dedication covenants preventing its development; and WHEREAS, due to administrative error, Anoka County did not file an appeal on the aforementioned special assessment within the allowed timeframe, and WHEREAS, representatives of the Anoka County have requested that the City of Fridley agree to withdraw said special assessment against the described property, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA: The City Council hereby finds that the land enumerated in said previously certified special assessment, is not specially benefited by the special assessment in the amount set, and that said special assessment levied against the land herein described is withdrawn; and 2. Said withdrawal of special assessment previously certified upon the subj ect property is affirmed, adopted and confirmed, and such withdrawal shall be certified to the County by the City Clerk and filed in the City Clerk's office and shall thereupon be and constitute the special assessment upon said land for Street Improvement Proj ect ST2008-01; and 3. The City Clerk is hereby directed to withdraw the previous certification on the above described land and to make up and file in the office of the County Auditor of Anoka county, Minnesota, as certified statement of the amount of all such unpaid special assessments, as changed and altered above; and 4. The City Council finds that the withdrawal of this special assessment is a fair and equitable adjustment and it would be in the best interest of the City of Fridley to adopt said special assessment in its amended form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2010. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director February 22, 2010 Award of ST2009 - 02 Street Rehabilitation Project PW10-010 On Tuesday, December 29, 2009, at 10:00 am, bids were opened for the 2009-02 Street Rehabilitation Project. Fifteen sets of plans and specifications were sent out and seven bids were received. This project was advanced forward to 2010 in order to apply for Federal funding through the grant program "American Recovery and Reinvestment Act" (ARRA). The City received a grant in the amount of $262,500 to be applied to this project. The project is essentially a mill and overlay with adjacent sidewalk upgrades at the intersections along 61St Avenue, West Moore Lake Drive, and East Moore Lake Drive. The western terminus is Starlite Boulevard and the eastern terminus is Central Avenue. The low bid was received from Northwest Asphalt Inc. of Shakopee, MN, in the amount of $518,660.86. The high bid received was $609,387.81. The most recent construction cost estimate performed by Engineering was $496,608.29 in October, 2009. The original budget was estimated to be $463,000. Cost increases beyond the original budget were mostly due to asphalt price increases, additional concrete work at pedestrian ramps, and the street sign replacement. Asphalt pavements costs increased due to a substantial increase in the price of oil on the world market. Oil prices impact the production and transportation of the asphalt. 2. Concrete work costs increased as MNDOT required that the adjacent pedestrian ramps meet ADA requirements as this is a Federally funded project. Typically City staff decides what pedestrian upgrades are required adjacent to the City projects. 3. Street signs are mandated to meet Federal retro reflectivity standards by 2015. Staff determined this would be an opportunity to receive low bid prices. Funding for this project is derived from several sources including Federal, State, special assessments, and utility funds. Nearly half of the project is funded through ARRA in the amount of $262,500. This grant will be applied to non-assessable construction items such as concrete work, signage, and non-assessable pavement areas (schools, parks, etc.). Special Assessment funding is estimated in the amount of $183,000. Special assessments were calculated using the City's assessment policy for major roadway maintenance. The residential properties will be assessed approximately $1400 per property for a total of $28,000. The commercial properties will be assessed between $36 and $40 per lineal foot for a total of $155,000. Final assessment costs will be calculated at the completion of the project and assessed in the fall of 2010. Utility funding from sewer and water will pay for about $19,000 in utility upgrades. Work will include catch basin casting replacement, gate valve repair, pavement and boulevard restoration, and miscellaneous items. The balance of the project will paid using funds from the Minnesota State Aid account. The fund will be applied against construction items such as striping, curb and gutter, median, and other items. The amount is estimated to be $78,800. Final amountwill be determined at the completion of the project. Please refer to the attached summary sheet for a more specific breakdown of costs and funding sources, which also compares the preliminary budget to the revised budget. Also, please find the bid tabulation attached which includes the results of all bids that were received. Recommend the City Council receive the bids and award the 2009 Street Improvement Project No. ST. 2009 - 02, to Northwest Asphalt, Inc. of Shakopee, MN in the amount of $518,660.86. LO/J P K: Attachments ST2009-02 Pro�osed Contract Award Bid Costs The preliminary estimated cost (per the feasibility report) for the entire project and the revised project costs reflecting changes per the bids received are as follows: Component Street Reconstruction Water and Sewer Utility Repairs Bicycle / Pedestrian Accessibility Surveying, Design, Administration[1] Material Testing [2] TOTAL 7/27/09 Bud�eted Cost 12/29/09 Bid Cost $ 397,000.00 $ 433,038.36 $ 16,000.00 $ 19,054.00 $ 50,000.00 $ 66,568.50 $ 0 $ 20,000.00 $ 0 $ 5,000.00 $ 463,000.00 $ 543,660.86 [1] In house construction surveying and engineering costs are estimated [2] Laboratory material testing is required by 1VINDOT and costs are estimated Fundin� Sources Similarly, the funding sources are updated as follows: Funding Source Special Assessments Federal Funds (ARRA) State Funds (MSAS) Sanitary Sewer Fund Storm Sewer Fund Water Fund TOTAL 7/27/09 Funding Source $ 193,000.00 $ 254,000.00 12/29/09 Revised Funding $ 183,000.00 $ 262 500.00 $ 0 $ $ 10,000.00 $ $ 3,000.00 $ $ 3,000.00 $ $ 463,000.00 $ � 78,766.86 11,405.00 4,604.00 3,385.00 543,660.86 �?= vmi'S aN� s�aonn anena aivdol�aaia rn c U N � 7 N N � N 7 N � Z � O Q J O a N O N d' J��O LL m � Z O O Q p V N F O .N T F � F 0 N Umrna� �?= vmi'S aN� s�aonn anena aivdol�aaia rn c U N 7 N N � N 7 N Q � Z � O Q J O a N O � ~Q � F � LLJ � � � � N O T LL m Q Z O N O F p N T � � F 0 N Umrna� � � CffY OF FRIDLEI' TO: From: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 22, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director February 22, 2010 PW10-009 Approve Joint Powers Agreement Number 2010-0510 with Anoka County Mississippi Street and Rice Creek Road Resurfacing under Project ST2010-01 In 2009, the City of Fridley requested that Anoka County consider accelerating resurfacing of portions of Mississippi Street and Rice Creek Road in concert with the City's planned 2010 street rehabilitation program. Anoka County agreed to the concept, and recognized that there would be savings to complete this work in concert. In recent years, we have noticed that the surface quality of these roadway segments is poor. The road rating for Mississippi Street compares with the lowest 2% of streets Citywide, and Rice Creek Road is in the bottom 10% of Citywide ratings. These segments would be high priorities in our pavement preservation program. According to the attached Joint Powers Agreement (JPA), the estimated cost of $330,000 for the County's mill and overlay work will be reimbursed to the City. This work is for improvements to Mississippi Street, Central Avenue, and Rice Creek Road. In addition, ancillary improvements such as storm sewer inlet and piping repair, striping, and traffic signal loop detectors are included in the project. The City would be reimbursed the cost of construction and 8% for contract administration through this Joint Powers Agreement with Anoka County. The project is currently under bid, with award expected in the next month. This agreement is in accordance with the project budget prepared in the feasibility report for Project ST2010-01. Maintenance responsibilities for the roadways remain the same as in the existing maintenance agreement. Staff recommends the City Council move to approve the attached Joint Powers Agreement with Anoka County for roadway improvements of CSAH 6(Mississippi Street NE and Rice Creek Road NE) and County Road 106 (Mississippi Street NE), in the City of Fridley. JPK:jpk Attachment Anoka County ContractNo.2010•0510 JOINT POWERS AGREEMENT FOR ROADWAY IMPROVEMENTS OF CSAH 6(MISSISSIPPI STREET NE AND RICE CREEK ROAD NE) AND COUNTY ROAD 106 (MISSISSIPPI STREET NE), IN THE CITY OF FRIDLEY ANOKA COUNTY PROJECT NO. 10-01-00 CITY OF FRIDLEY PROJECT NO. ST2010-01 THIS AGREEMENT is made and entered into this day of , 2010 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County" and with the City of Fridley, 6431 University Avenue NE, Fridley, MN 55432, hereinafter referred to as "City". WITNESSETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to improve County State Aid Highway (CSAH) 6(Mississippi Street NE and Rice Creek Road NE) and County Road (CR) 106 (Mississippi Street NE) as soon as possible; and, WHEREAS, said parties mutually agree that CSAH 6(Mississippi Street NE from Trunk Highway 65 to Old Central Avenue and Rice Creek Road NE from Old Central Avenue to Stinson Boulevard) and County Road 106 (Mississippi Street from Old Central Avenue to Stinson Boulevard) are in need of resurfacing; and, WHEREAS, Anoka County has jurisdiction over CSAH 6(Mississippi Street NE and Rice Creek Road NE) and County Road 106 (Mississippi Street); and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, the City has included a proj ect in its 2010 Capital Improvement Proj ect budget for neighboring local street resurfacing and has prepared design plans and contract documents for said project; and, WHEREAS, the County has indicated maintenance funds are available to pay for the portion of this project under County jurisdiction; and, WHEREAS, both the City and County would likely benefit in construction costs savings through construction under a mutual project; and, WHEREAS, Minn. Stat. §471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of resurfacing the asphalt pavement on CSAH 6 and CR 106. The City project number for the reconstruction is City of Fridley Project No. ST2010-01. Said engineering plans numbered Proj ect No. ST2010-01 are filed in the office of the City of Fridley Engineering Division and incorporated herein by reference. IL METHOD The City shall provide all engineering services and shall cause the construction of City of Fridley Project No. Anoka County ContractNo.2010•0510 ST2010-01 in conformance with State Aid engineering plans and specifications. The City shall do the calling for all bids and the acceptance of all bid proposals. III. COSTS The contract cost of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs, and equipment rental required to do the wark shall constitute the actual "construction" and shall be so referred to herein. "Estimated costs" are good faith projections of costs which will be incurred for the proj ect. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. The County is responsible for the full cost of the resurfacing construction on CSAH 6 and CR 106, including any ancillary work, as detailed in E�ibit "C", attached. The estimated cost of the total proj ect is $800,787.06 as shown in E�ibit "A", of which Anoka County's cost of construction is estimated to be $329,814.18. This includes construction engineering in the amount of 8% of the construction costs. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VL CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance to the State laws. VIL STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report official receipts and shall be made upon request by either party. VIIL TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The County shall pay its pro rata share of costs which the City incurred and contracted for prior to such notice of termination. IX. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City of Fridley, 6431 University Avenue NE, Fridley, MN 55432, on behalf of the City. X. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. 2 Anoka County ContractNo.2010•0510 XL ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subj ect matter thereo£ Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. 3 CITY OF FRIDLEY, MINNESOTA i: Scott 7. Lund Mayor Dated: ATTEST: By: Dr. William W. Burns City Manager Dated: RECONIN�NDED FOR APPROVAL I: James Kosluchar Public Works Director/City Engineer Anoka County ContractNo.2010•0510 COUNTY OF ANOKA, MINNESOTA By: Dennis D. Berg, Chair Board of Commissioners Dated: ATTEST: By: Terry L. Johnson County Administrator Dated: RECONIN�NDED FOR APPROVAL: : Douglas W. Fischer, P.E. County Engineer APPROVED AS TO FORM AND EXECUTION: APPROVED AS TO FORM AND EXECUTION: By: By: Fritz Knaak Dan Klint City Attorney Assistant County Attorney � Anoka County ContractNo.2010•0510 Exh��it A- Eng��+���`s� i��ai�it�r� c��' l�rcrb�l�l� �c�s� ��.��n-�� �i'2t#14-"� �TRE�i REHA�ItFTATI�N PRL?.�E�T �R� - ir,l�ucies GSAH 6 and Gft fSk� Anoka County ContractNo.2010•0510 s 1� �+� # � a �� ! • N •"i i I 1 # � . . . � � � � � M • , i � � i' � �i ��ncr�te Curb & �ut�er C��ct�ete Cur� � �utt�r fc�r Nied'san ��nst�etion Ct�n�rete Median �oncr�te �itlew�ik G�ncr�t� ��d�w�iEc €��p���rn��at �ike�+�ys �3ikeway R�pla�m�r�t � ° . '� s ����� ���,�� ��� ����� �41��{l ��p�C• 1 ��l°l� C}°1� 1 Q�t°f� [l*i t}�1� � i}�°la i Ci��l� [I°la C}�'lo 3 fl�7°1� 1{3�°l4, �%� t�nl�ss �x�stin� tr�il n�ai plac�d af e�g� �r� Ci°1p 9 tlf}°lo Clriv�w��r #Jpgr�d�s Tr�f�� �ignals, n�w � �epi��m�r�ts (c��nmraniti�s �arg�r th�� 5��4i}} wl �tate,4id a�rpre�v�d SJ'R �T��fiG �IC�t1��S, �I�t+� cC�. f€:�"i��.GGtTi�41G5 �f"Ati'i€T'EE717k#��.I.�S� �255 4�'i��i �,�i}(}� C� wt 5t�t�,Aid �ppe�ve€� SJ� Tr'affl� 5igi��I, !t±l�r Sf�te �sd appr�ved 5.��2 � �i}°�a b��e�f €�n stat� �id I�tt�r*� 1�{7°l�. in-kiraii 'lz the cc�st of kts ��gs �sf the� int�rs��ti�n 3 C}[l�f� t�°la 9�'l0 b�s�:d or� �ta�e akd I�f�er"� �iC}t}°ffl, sifup-9ia€�es fFo€� �QSt+�f tts I�gs c�f #h� �r�#ersecSi��r �yus "1z i�e c�st of ifi�� �c���ty V�gs Qi t�re in#e�s�ctior� t�°fo �VP t}`lo t[?�`;'a ���i�e�rin� �e�vir�es � '� I;i�#�t-t?f-Way 1t}tl°lo�� [}"',!r� ' St�eet tights �°!� 1 C}C1�1� iwlcaaSe 1tV�ll� 1 UO"'lb, if rrcat previously nc�tifo-ed�� "! C}[I�lo, 'rF previ���iy nc�ti��d','� •1 ih�e �csunfy pays far 9 aD°t� of 5tan�9ard E�ediar� U���gn s�€ch as p�a�n c�+n�rets. If � I�cal unyt of gov�rnr��nt requ�sts decoratkv� rz7edRa�s su�� a� �raek, st�mped, cca�rocrete, c�r lands�ping, tt�� Icacal e�nit wili pay the ��diti�arr�i cc�st abc,v�± �h2 cc�st pf stand�rd me�ian. � � tn the �v�n# na �tate A�d is h�ir�g used, +�r i�r #kre e��nt the sta�� a,id ietter d�xes r�t?t detecxnine ccrsi sp�it perce�tages, draan�ge �ost shares wi�l be carnpvked lay the �rr�pcsrtir�n o# ca�t�ibuling E��xw cauk5id� t}�e Gnun�y r�ght c�� wa�+ t4 tl�� tcrtal cqn�ra�iuting flr�w. �nc�i�eerrn� sh�il h� paid kry the lead P+ger�cy exc�pt #hat a�ay par€RGipatin� agency wi�i p�y ct��struc�ita� engi�ee�ing �n �he ar�ro�r�! a� 8�fo o6 the c.nr�struc�i�ar� �c�s#� p�rd �y that �g�ncy. `4 !n the ever�t tfi��t €E�e Townst�yp c�r �wiy req�ae�fs pur�has� of nght-af-uv�y �n �xcess af Rhose rig��-rt�f-ways r�q��r�d by Cc�unty ccanstructi�n, the Tow�s�ip c�r Gity partica�aate� t�a the �xte�t an �gr�ern�ni can ia� react�ed i� t�ese properk�es. Fcar irrs3ance, a T�w�st�ip c�r Csty r�say r�q��st a sid�:wakk he ctir�st�rcfe�f �langsici� � Gts�anfy rcaadway which wtauld r�quire ��id€t#t�r��i right-of-way, in which �ase the 7ownsh�� car City r�taY P�Y f4r t�ak p€ar#ican aF the righf-af-way. Acyu��it�€sn €�f rFghi-c+f-way fs�c new alignen�nts sFaall k�� th� res�cansibility oFt�e T�wnsha� �r Ci#y �n r�hict� the alagnrraent as 1a�t�d� This prtavasa�ta may b� wa�ved i�p agrsemerat w`r�� �he Gc�ut�ty 8csar�! if k#�e rcr�dway repl�s�s �n existing aiigraen�r�i �rrc� th� �t�ca� unPt vf go+re rnr�r�€�k tak�s jurisd�c#ion csf €t�at axrstir�g aligr�€n�nt. 0r� add��trn, �tty c�+sts, €nc#utiir�g rtgdtt c�f w�y e�sts, incut€eci i�y i�e Cot�nty �ee��ts� a�cawnsirip ar �ify �id n€�t a�:qui�e sufficoant right-�af-�vay de�ring tM€� pl�ttEng prcr�ss or red�ve�flprne�tk p��ceess as r�qu��k�d hy t�e �QUnky s�a��l be, �Said by the Ts�v�nship ca€ Gity. . .. i # . 9� � iY i 4 • � Anoka County ContractNo.2010•0510 EXHIBIT "C" It is agreed that the plans dated February 5, 2010 have been reviewed and accepted by the parties are suitable for preparation of final construction documents. Any significant changes made hereafter to the Project will require approval by the parties as an amendment to this Agreement. These same changes will require a change in the cost share to include any additional design engineering cost that may occur. For purposes of this e�ibit, the Project includes work that is proposed on CSAH 6 and CR 106, as described herein. Costs will be shared in accordance with E�ibit "B", except as specifically outlined herein. RESURFACING: The parties agree that construction of the Project is to provide a resurfacing for CSAH 6 and CR 106. The project will include a 2" mill and gyratory mix overlay, replacement tape markings at intersections, and painted line striping outside of intersections. The Project will require milling between June 8th and August 15th, paving within 72 hours of milling, milling into side streets limited to a few feet. TEMPORARY TRAFFIC CONTROL: The parties understand and agree that traffic will be maintained on CSAH 6 and CR 106 insofar as practical during the Project. The construction will be done in stages and constructed under traffic. County will provide a traffic control plan to be used during construction on CSAH 6 and CR 106. Costs related to Project mobilization and temporary traffic control will be shared on a pro-rata basis based on cost shared for all other items. TRAFFIC SIGNAGE: County will prepare a signage plan and determine whether to incorporate into Project plans or to install signage independent of the Project. County shall be responsible for all costs associated with traffic signage. TRAFFIC SIGNALS: The parties agree that the traffic signal loop detectors on Mississippi Street at Trunk Highway 65 will be replaced as part of the Project. County shall be responsible for cost of replacement. No other work relating to traffic signals is considered as part ofthe Project. DRIVEWAYS: The parties agree that no driveways will be reconstructed as part of the Project. SIDEWALKSBIKEWAYS: The project does not include any bikeway or sidewalk improvements. LANDSCAPING/STREETSCAPING: No Landscaping/Streetscaping will be included in this Project. UTILITIES: Utility adjustments within the Project area required for resurfacing will be paid for by Utility Owner. DRAINAGE: County will provide an itemization of specific repairs to the drainage system to be incorporated into the project. The County shall pay for a percentage of the cost of the storm sewer system, and their outlet structures. The County portion of the cost is based on contributing flow to the storm sewer system determined by the product of the contributing area and runoff coefficient. The parties understand and agree that the maintenance of catch basins and catch basin leads shall be the sole responsibility of County. The parties understand and agree that the maintenance of the trunk line storm sewer shall be the soul responsibility of the City. PERMITS: The parties agree that the City will secure all necessary permits for this Project. GEOMETRICS / RIGHT OF WAY: County is to provide preliminary intersection layout including crosswalks and islands at Rice Creek Road and Central Avenue. This may be incorporated into the project based upon mutual agreement. The parties agree that there is no Right-of-Way required for this project. No alignment or layout changes are to be made outside exterior curbing. ENGINEERING: The City will provide design engineering and construction engineering/contract administration for this Project. County shall reimburse the City for construction engineering in the amount of 8% of the construction costs allocated to County. County will provide construction special provisions for incorporation into contract documents as 7 Anoka County ContractNo.2010•0510 mutually agreed to. PERMITS: The City shall acquire all necessary permits for construction thru the design process. Applicable party shall pay any costs associated w/obtaining said permits. BIDDING: The Project is to be bid with the City's local street project in 2010 (City of Fridley Project Number ST2010- O1). ASSESSMENT: County has elected not to assess benefitting property owners in accordance with Minn. Stat. §429. This decision by County will not interfere with the City's ability to assess benefitting properiy owners for any improvements associated with City of Fridley Project Number ST2010-01. : � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 22, 2010 �ff1' 4F FRIDLE7` INFORMAL STATUS REPORTS