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03/08/2010 - 4559� � CITY COUNCIL MEETING OF MARCH 8, 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. PROCLAMATION: Minnesota FoodShare Month — March, 2010 PRESENTATION: Springbrook Day Nature Camps APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 22, 2010 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of February 17, 2010 ............................................................................ 1- 8 FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 2. Final Plat Request, P.S. #09-05, by Premier FMC, LLC, on Behalf of Unity Hospital, to Replat Property to Allow the Creation of a New Lot to Allow for the Construction of a New Medical Clinic/Office Building, Generally Located at Osborne Road and Fifth Street (Ward 1) ........................................................... 9- 10 3. Receive Bids and Award Contract for the 2010 Sanitary Sewer Lining Project No. 394 .............................................................. 11 - 12 4. Resolution in Support of an Application to Conduct Off-Site Gambling by the Lions Club of Fridley at Commons Park and Community Park from June 24 to June 27, 2010, During the Fridley '49er Days Events .................................................................................. 13 - 14 5. Claims ....................................................................................................... 15 6. Licenses ....................................................................................................... 16 - 17 7. Estimates ....................................................................................................... 18 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 3 OLD BUSINESS: 8. Second 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) .......................................................................................................... 19 NEW BUSINESS: 9. Approve Contract for Towing, Impounding and Storage of Motor Vehicles between the City of Fridley and Schmit Towing, Inc . ...................................................................... 20 - 27 10. Preliminary Plat Request, P.S. #10-01 by Hansen Thorp Pellinen Olson, Inc., on Behalf of Wal-Mart, to Allow the Creation of a New Lot to be Located on the North Side of the Property, Generally Located at 8450 University Avenue N.E. (Ward 3) ...................................................... 28 - 33 11. Special Use Permit Request, SP #10-02, by Hansen Thorp Pellinen Olson, Inc., on Behalf of Wal-Mart, to Allow the Relocation of the Existing Garden Center from the East Side of the Existing Building to the Northwest Side of the Building, Generally Located at 8450 University Avenue N.E. and Resolution Approving Special Use Permit, SP #10-02, for Wal-Mart, Generally Located at 8450 University Avenue N. E. (Ward 3) .................................................................................... 34 - 37 12. Informal Status Reports ..................................................................................... 38 ADJOURN. � Proclama�ion M�esot� Fo�dSbarre �Ilor�t�fi March, Zoso WHEREAS, hunger exists in communities even in the best of economies; and WHEREAS, nearly half of hungry Minnesotans are children twelve years old and younger; and WHEREAS, the fastestgrowing groups ofhungryMinnesotans are senior citizens; and WHEREAS, the effects of hunger in the life of an individual or family can range from poor health and slowed recovery from injury and illness to poor performance at school and at work,� and WHEREAS, the impact of this on lives and communities can be devastating; and WHEREAS, food shelves in Minnesota distribute millions of pounds of food annually to ease the effects of hunger; and WHEREAS, food shelf visits remain at record highs, increasing each year; and WHEREAS, the SACA food shelf in southern Anoka County has also seen significant numbers of those in need; and WHEREAS, the Minnesota FoodShare March Campaign is responsible for acquiring more than half the food distributed annually through food shelves and depends upon the participation of businesses, civic groups, schools, congregations and individuals in every community; NOW, THEREFORE, BE IT RESOLVED, that I, Robert L. Barnette, Mayor Pro Tem for the City of Fridley, hereby proclaims the month ofMarch, 2010, as Minnesota FoodShare Month in the City ofFridley, and urges residents to donate food items and/or funding to their local food shelf. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this gth day ofMarch, 2010. Robert L. Barnette, Mayor Pro Tem CITY COUNCIL MEETING CITY OF FRIDLEY FEBRUARY 22, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Saefke Councilmember Bolkcom Councilmember Barnette MEMBERS ABSENT: Councilmember Varichak OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney James Kosluchar, Public Works Director Scott Hickok, Community Development Director Hugh Robinson, Executive Vice President for Tri-Land Properties Rob Viera, Clear Wireless, LLC PRESENTATION: Annual National Pollutant Discharge Elimination System (NPDES) Review of Fridley's Stormwater Pollution Prevention Plan (SWPPP) for 2009. James Kosluchar, Public Works Director, stated the NPDES (National Pollutant Discharge Elimination System) stormwater authority legislation by the federal government is delegated to the State of Minnesota through the MPCA. Fridley is an MS4, which is a municipal separate stormwater system incorporating physical characteristics such as ditches, curbs, gutters, storm sewers, and similar means of collecting the main runoff that do not collect to a wastewater collection system or treatment plant. The City of Fridley has issued its own permit under the State of Minnesota's permit. Mr. Kosluchar said in 2008, Fridley received a reauthorization of its MS4 permit which has been extended for five years. The heart of the permit is a stormwater pollution prevention program, which has six minimum control measures that are part of the program. This is the completion of Fridley's seventh year under the NPDES program. Fridley has been very proactive over the years in the implementation of a stormwater program even prior to regulatory requirements to do so. Mr. Kosluchar stated the first minimum control measure is public education and outreach. In 2009, the City of Fridley broadcasted 272 programs related to stormwater including 101 that are FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 2 specific to stormwater pollution prevention. The City distributed printed materials to the public, such as bookmarks, Mississippi River and Springbrook Watershed brochures, and stormwater educational calendars at City buildings and events (such as recycling drop-offs). The City continues to do the stormwater inlet labeling program. The City attaches a plastic disc within the concrete when it has the opportunity to do so along street rehabilitation work The City also developed an educational program for good housekeeping for our own municipal operations. Mr. Kosluchar said the second control measure is public participation and involvement. Rain gardens are part of this, and the City planted four new rain gardens in 2009 with the street rehabilitation project. This is an activity that involves the participation of residents. If people do desire to have a rain garden, the City tries to educate them on what a rain garden is and how to take care of it. The City will provide for the curb cut and reinstall the curbing to allow for the rain garden, depending on the circumstances. Mr. Kosluchar stated this meeting is also part of the minimum control measure as it allows public information and comment. Mr. Kosluchar stated MCM3 is illicit discharge detection elimination. The City accomplishes this through several activities, including mapping of our storm sewer system. It continues to work to add information on private systems to our database and maps, and staff does still find some of our own system corrections that need to be done from the old as-built drawings. The City also maintains an illicit discharge ordinance prohibiting the dumping of hazardous materials into the storm drainage system or waterway which is enforceable as a public nuisance. It also developed an inspection program for good housekeeping for its municipal operations, and staff does annual outfall inspection and cleaning. This year it was in the northwest area of town. Mr. Kosluchar said the City also identifies non-stormwater discharge and flows, and staff is working on wash water discharge with properties which is an ongoing activity right now. Construction site runoff control is one of the more time-consuming and probably immediately beneficial MCM's that the City enforces. The City has an erosion control ordinance that was approved by the City Council in 2006. Our construction compliance requires use of best management practices by contractors such as silt testing, temporary ponding, concrete washout areas, and soil stabilization. The City maintains its own proj ects in that fashion. The 2009 projects that were fairly large include the Northstar station, Minneapolis emergency operation training facility, and the Totino-Grace renovations. Mr. Kosluchar said the City also has post-construction stormwater management as part of its minimum control measures. The City maintains compliance with development ordinances. City staff reviews plans and ensures that stormwater management systems are going to perform in as good a fashion as the existing condition. The City requires stormwater management agreements to be filed with large development and redevelopment owners, and it requires them to grant access easements to the City for correction if that is ever needed. Mr. Kosluchar stated the last minimum control measure is pollution prevention and housekeeping for municipal operations. The City does annual treatment device cleaning. These are stormceptors (basically catchments for grit). The City has a pretty intense street sweeping FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 3 program. Staff had about 680 hours of street sweeping last year. It removed about 3,400 yards of material from our streets. In addition, it did some storm sewer cleaning last year along 61st and removed 13-14 yards of sediment out of that piping system. The City also reduced the amount of sand applied to roadways. In 2009, it was about 50 percent less than three years prior. That reduced the amount of spring sweeping required and the amount of solids passing down the stormwater system. Mr. Kosluchar stated there is a new draft MS4 permit which will apply to the City and will go into effect in 2011. There will be more requirements, including moving toward the role as being the enforcement arm for stormwater quality. TMDL's are being developed right now, including probably the most famous one in this area, the Lake Pepin TMDL which will affect the City. These TMDL studies define waste load allocations to impaired waters, and Fridley will have to abide by those waste load allocations. We will see additional requirements in the future, possibly including monitoring. Mr. Kosluchar stated sediment disposal controls are on the horizon with testing of existing pond deficiencies and testing for disposal of sediments. Additional costs are coming to comply with the added rules and permit requirements. Councilmember Bolkcom asked about half of sweepings being sand applied to roadways, what makes up the other half. Mr. Kosluchar replied leaves, organic matter, and grass clippings. Councilmember Bolkcom stated if we all kept our leaves in our own yards that would help. Mr. Kosluchar replied, absolutely, and actually that is a requirement of ordinance as well, to maintain any kind of yard debris within your property and to dispose of it properly. Councilmember Bolkcom asked if the additional costs would be unfunded. Mr. Kosluchar replied correct. Mayor Lund asked where the City was dumping its street sweepings. Mr. Kosluchar replied at Bunker Hills Park Anoka County has a facility there for composting. Mayor Lund asked if the sand and dirt was mixed in with the composting. Mr. Kosluchar replied, the sand and the dirt are actually screened on-site at the Public Works garage, and we re-use the sand and dirt. Councilmember Barnette asked why Lake Pepin affected us. Mr. Kosluchar said it affects us because the Mississippi River flows through Lake Pepin. The Mississippi River is also the receiving water from all of the City's drainage. Fridley is not FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 4 singled out in these requirements. Columbia Heights will be a part of it and our neighboring cities to the north, south, to the west, and probably many to the east as well. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 8, 2010 (amended minutes with resolution numbers added.) Councilmember Bolkcom said she would like the minutes to indicate that she arrived at the meeting at 8:20 p.m. APPROVED AS AMENDED. 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 Avenue N.E. (Ward 3). William Burns, City Manager, stated the Spring Lake Youth Hockey Association currently conducts other lawful gambling at Nicklow's in Spring Lake Park and Time Out in Blaine. Staff has conducted a background investigation for the gambling manager and found no reason to deny the application. A new state law passed last July changes the term of the premise permit from two years to perpetual. This means the license will remain in effect until one of the parties terminates the contract with Broadway Pizza or until the State's charitable gambling control board suspends or revokes the permit. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2010-14. 2. Resolution Ordering Advertisement for Bids: 2010 Miscellaneous Concrete Repair Project No. 395. William Burns, City Manager, stated this is an annual concrete repair program for City streets. The repairs include repairs to curbs and streets and occur as a result of utility breaks, deterioration of streets or driveway reconstruction. The City has budgeted $45,000 for this work which he believes is the same amount the City budgeted for 2009. Staff expects to open bids on March 16 and to bring this to Council at their March 29 meeting. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2010-15. 3. Approve Change Order No. 4 for 2008 Street Improvement Project No. ST2008-01. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 5 William Burns, City Manager, stated the work was done on Siverts Lane in 2009 after being held over due to right-of-way issues in 2008. The change order is for Midwest Asphalt Corporation in the amount of $15,281.50. The final cost for this project is $2,365,590.72. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Approve Joint and Cooperative Agreement for the Formation and Administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force. William Burns, City Manager, stated this agreement describes the work of a multi-agency task force whose main obj ective is to gather evidence and apprehend drug traffickers in the geographic area as represented by its members. The task force has been in existence since 1996. The agreement was last amended in 2001. The agreement formalizes Fridley's role in providing a sergeant who supervises the day-to-day work of the task force. Additionally, a new agreement incorporates Columbia Heights as a member and eliminates the cities of Brooklyn Park and Brooklyn Center which have left the Task Force. The current members include the cities of Anoka, Blaine, Champlin, Coon Rapids, Fridley, Maple Grove, and Anoka County. Dr. Burns stated the Task Force commander is a lieutenant from the Anoka County Sheriff's Office. There are currently 11 full-time law enforcement officers who serve on the Task Force. The Task Force is one of 20 multi-agency groups operating in Minnesota. It has the distinction of ranking No. 1 among the 20 task forces in terms of arrests, felony charges filed, handguns seized, arrests per $1,000 of grant funding, and arrests per full-time detective. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Claims (145125 —145255). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. Estimates: Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 2008 Street Improvement Proj ect No. ST2008-01 FINAL ESTIMATE ... ... ... ... ... ... ... ... ... ... ... ... ... $ 63,638.23 APPROVED. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 6 APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 3 and 4 be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item Nos. 3 and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 3 and 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: There was no response from the audience under this item of business. 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). Scott Hickok, Community Development Director, stated the City Council held a public hearing on this item at its February 8, 2010, meeting. Staff recommends holding the first reading of the ordinance and approving the rezoning. Councilmember Bolkcom asked why the stipulations do not have actual dates in them. Mr. Hickok said those dates will come with the planned development agreement that will accompany the second reading of the ordinance at the next meeting. Those have to do with phasing, start times, scheduling, specific plans. They will have the dates prior to the second reading. Councilmember Bolkcom asked if they have seen the agreement. Mr. Hickok said it should be coming this week. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 7 Councilmember Bolkcom asked that a representative for the petitioner come forward as she had a change in one stipulation. She referred to Stipulation No. 20. She would like to change it to read, "No fertilizer shall be stored outside the store's principal building, nor shall any other garden center materials be stored outside the garden center's fenced containment area." Hugh Robinson, Executive Vice President for Tri-Land Properties, replied that should be fine. They did have some conversation about small things within plastic containers of fertilizers, etc. He asked whether this was intended to not let Cub do that, too. Mr. Hickok stated there was some discussion regarding product you typically would have next to the checkout. Councilmember Bolkcom asked, such as Miracle Grow? Mr. Robinson replied, yes. Mr. Hickok stated, yes, things like that. It would be on a shelf and would be covered to protect it from rain, etc. Besides that, any bags of fertilizers would have to be inside the store. Mr. Robinson said they understand that. Councilmember Bolkcom said as she previously discussed with him her other issue was about run-off from watering the plants. He reassured her about how the runoff would be handled. Mr. Kosluchar stated that is addressed in the stipulations. Basically they talk about the City's stormwater pollution prevention program. They would need to develop a stormwater management plan that would have to be approved by the City in order to store those kinds of materials outside. William Burns, City Manager, over the last couple of years, people have been led to believe that a project is going to happen but it does not because the financing fell apart. He asked Mr. Robinson, using a scale from 1 to 10, what are the prospects for their proj ect happening at all. Mr. Robinson said that they are not immune to the current commercial real estate problems that will continue to plague the country for some time to come. One of the advantages they have is a new lease with Cub Foods for an extended period of time which is attractive even in today's environment from a financing perspective. They will need to bring additional new equity capital to the project, and they believe that it is eminently doable. This is not the project that is going to happen overnight. There are a few things that have to happen, a whole series of phasing that has to take place to get to the point before Cub can even actually start construction. They still have a lot to do on the financing end. Dr. Burns asked if they have raised any equity separate from the equity that Super Valu brings to the proj ect. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 8 Mr. Robinson said they have plus or minus $6 million of existing equity into the deal at this particular point of time. Dr. Burns stated but at the same time they need new equity to build. Is any of that equity around other than the Cub equity? Mr. Robinson not at this point in time. They have successfully raised new equity for other redevelopments they have under construction right now in Kansas City. They know what they have to build as far as the City of Fridley is concerned. They are ten days or so away from signing a letter of intent with Cub and proceeding with the lease negotiations. They hopefully will be entering into negotiations with the City about the Fridley Liquor Store. Simultaneous with that they will be working with both banks and their existing equity sources to put together a financing package that will provide the capital necessary to complete the project. Cub is bringing a significant amount of equity to the table as well. All of those pieces have to come together for them to be able to make this happen. MOTION by Councilmember Bolkcom to amend Stipulation No. 20 to read as follows: "No fertilizer shall be stored outside the store's principal building, nor shall any other garden center materials be stored outside the garden center's fenced containment area." Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the ordinance on first reading with the following 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 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 feet on the front of the building to be completed within one year of the opening of the Cub FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 9 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 before 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 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 subj ect property shall be removed during Phase 1 of the proposed proj ect 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 57tn 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 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 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 sales areas. 20. No fertilizer shall be stored outside the store's principal building, nor shall any other garden center materials be stored outside the garden center's fenced containment area. 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. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 10 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 a drive-thru within Retail A and Retail B. Upon completion the petitioner shall provide revised traffic data to the City, County and Mn/DOT for approvals. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 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 Hills Reservoir. Mr. Kosluchar, Public Works Director, stated Clear Wireless, LLC contacted the City of Fridley some months ago in regard leasing three sites: Fridley's Water Tower #1 at Commons Park, Water Tower #2 on Highway 65, and the Marion Hills Reservoir on Johnson Street. Clear Wireless intends to construct a 4G mobile internet wireless network The goal of their network is to provide increased internet bandwidth with larger area coverage. They are requesting lease agreements for the three Fridley sites and are permitting three additional non-city sites. Clear FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 11 Wireless 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 nine antennas and substantial communications shelters. We prorated this charge for six antennae/dishes and smaller communications panels. Each site would start at a rate of $1,350 per month under the draft leases. Clear Wireless would commit to a CPI adjustment with a minimum 4 percent escalator in addition to that. Modifications to our standard agreement are minimal thanks to the City Attorney. The major change is the major inclusion of the ability of Clear Wireless to delay our first payment until construction starts. Staff recommends Council's approval of the multiple leases. These are basically identical agreements. Councilmember Saefke asked whether this was part of the contemplated Anoka County wireless proj ect. Mr. Kosluchar said he did not believe so. Councilmember Saefke asked if the County went ahead with their project, would they be seeking leases on our towers. Mr. Kosluchar replied, he did not know. They have not really discussed it although he knows Fridley towers, just because of their physical location and height, are typically in demand in this area. Councilmember Saefke asked how much room do we have left on the towers if this is granted. Mr. Kosluchar replied, Commons will have three leases, T-Mobile will be on there. We also have TTM which is a small dish, these three, and the Metro Transit which has another small dish. On Highway 65 these will be the second company there. It will be separate and there is no problem with space. On Marion Hills, there is quite a bit of space up on top. Commons is probably getting the most crowded. William Burns, City Manager, said he heard from John Tomming at the County that they are planning on completely revamping the dispatch center. He did ask if the County had any plans for cell towers for the County, and there are no immediate plans for that. Councilmember Saefke said he knows when Marion Hills was rebuilt, it was structurally designed to support additional towers and stands. He was just wondering how much more room we have on different locations. Mayor Lund asked Mr. Kosluchar if he knew what the capacity was at the Commons Park site. Mr. Kosluchar replied we do have additional space. As far as structural, part of the requirement will be for them to perform a structural analysis and make that determination, which is going to be a fairly significant task for Commons. There still is room on the top. On the rail, it is getting a little bit crowded. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 12 Councilmember Saefke asked as far as future maintenance on any of these towers, when it comes to painting, etc., does the City get contributions or is that just part of the monthly rent. Mr. Kosluchar replied we do not get a contribution from the tenant for painting. The tenant, per the agreement, basically removes their equipment and reinstalls the equipment at their own cost. Councilmember Bolkcom asked about the three non-city sites. Mr. Kosluchar said these are private sites that have permits for telecommunications facilities, and they have permit requests in for those. Councilmember Bolkcom asked but that is not part of this lease agreement? Mr. Kosluchar said correct. Councilmember Bolkcom asked with respect to them not actually paying rent until they actually have them built, what in the agreement keeps them from waiting a year or two and tying up a site the City could be getting rent for. Mr. Kosluchar said the rent starts after 12 months, regardless of construction. Councilmember Bolkcom stated in the meantime, they could tie up these three sites for 12 months without the City getting any rent. Mayor Lund stated there is still space on those towers. Councilmember Bolkcom asked if this is our normal agreement. Mr. Kosluchar said he believes our normal agreement is within a date certain of being passed. He thinks it is either upon the date of the agreement or 30 or 60 days. Councilmember Bolkcom asked why it is being changed. Mr. Kosluchar said it is the one thing they requested that is a material change to the agreement. They requested a lot of things, but they ended up with this one modification. Councilmember Bolkcom asked if they gave a reason. Mr. Kosluchar said he thinks they are looking at cash flow and construction needs. Councilmember Bolkcom said she is balking a little bit because we are not holding them to something and they get a whole year to actually start paying rent. She likes the 4 percent of the cost of living. A whole year to wait on something seems a little too long to her. Someone else could come along and want those very same sites. To her they are just tying up sites all over and they have a whole year to do something about it. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 13 Mayor Lund stated up to a whole year or until they start construction. Councilmember Bolkcom replied, right, but up to a whole year they cannot pay and they have tied up three sites. Everyone is fighting for these sites. Mayor Lund stated he agrees, but we do still have capacity on the sites. Councilmember thing. She think whole year. Bolkcom said if they do it for this one, the next person could ask for the same � they could negotiate something in between such as 0-6 months rather than a Councilmember Barnette stated it sounds like that was part of the negotiations. They gave a little, we gave a little, and this is what we came up with. Councilmember Bolkcom stated it is similar to the last one where we had the whole thing related to the cost of living and they wanted it bad enough. Does this agreement have to be done tonight? Could we go back to them and say we would like to negotiate six months? Mayor Lund asked if this type of equipment could be installed year-round. Mr. Kosluchar replied, he thinks most of the equipment can be installed year-round. There is some underground work with cabling, etc. MOTION by Councilmember Bolkcom to table the approval of Tower Site Lease Agreements between the City of Fridley and Clear Wireless, LLC, for Water Tower #1, Water Tower #2 and the Marion Hills Reservoir. Seconded by Councilmember Barnette. Rob Viera, Buell Consulting, Inc., stated the reason for the 12 months is because they are building out a network and building on almost 600 different sites. It is hard to determine which ones they are going to build out first. Some approvals take a long time to get done. They do not necessarily need 12 months per se. He would be willing to reduce the amount of time to 9 months. He thinks some point during this calendar year is feasible. This system is different in a sense that all these different sites have to communicate with each other. They have to have line of sight. To devise an entire network in a seven-county area and have 600 different sites makes it hard to determine where they are going to start this network and actually fill them all in. Mayor Lund asked Mr. Viera if he has the authority to change the agreements to 9 months. Mr. Viera said he does. Councilmember Bolkcom asked why 9 months versus 6 months. They have never had this before in all the agreements they have had in the past. There has never been anyone who has not started paying right away. Mr. Viera said Verizon already has a network in place. With Clear Wireless they are trying to build out this entire network They need almost 600 different sites and it is so hard to plan which FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 14 ones are going to get approved first, built first, and work with each other. Some of these sites are kind of moving targets, and the engineers are just constantly trying to develop this whole network They just want a little more flexibility than is typical to kind of find a good time to actually build out Fridley. Councilmember Bolkcom said they have already established these are sites they want their cell towers on. Mr. Viera stated they are going to start in one city and then move to another. Just to coordinate 600 different sites, it is difficult to find the personnel to do that in a timely fashion. To have a little flexibility is imperative for network buildout. Some of the agreements have almost two years or just commence upon construction. He thinks the 9 months will work for them. Councilmember Bolkcom asked if he is willing to start to pay in 6 months. Mr. Viera replied, the agreements are not even signed yet which is going to take a while. Councilmember Bolkcom replied but it will be 6 months after the agreement is signed. Mr. Viera said they have to get a building permit so this could put them out another few months--at least two. Councilmember Bolkcom stated no one else has ever had a problem. Mr. Viera replied, but nobody is doing what they are trying to do—build up an entire network in a fairly quick timeframe. Councilmember Bolkcom stated she would like to see this tabled and get a letter in writing from them that they are agreeing to the nine months. She is not saying that Mr. Viera cannot speak for this, but it is not an agreement between Mr. Viera and the City of Fridley. Councilmember Barnette asked if they could get this all done by the March 8 meeting. He asked Councilmember Bolkcom if that would be okay. Councilmember Bolkcom replied, yes. Mayor Lund asked Mr. Viera if a couple of weeks is going to slow them down. Mr. Viera replied, it could. They are doing several of these now. They have to get these leases done and then get building permits and try to get the whole network in place. Councilmember Bolkcom said it is two weeks. Mr. Viera stated they applied for these sites with Mr. Kosluchar back in October. They are looking at late February and to get delayed another two weeks, it is time-sensitive to get this network up and operational. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 15 Councilmember Bolkcom asked why something had not been done since October. Mr. Viera stated they have been going back and forth with Mr. Kosluchar on the lease. It is difficult to say, when you are trying to develop an entire network like this and have so many different sites. They will accept 9 months, but six months would be difficult. If they say 6 months now and the leases get signed and it takes 3 months for a building permit, they would only have a few months to actually start construction. UPON A VOICE VOTE, COUNCILMEMBER BARNETTE AND COUNCILMEMBER BOLKCOM AYE, AND MAYOR LUND AND COUNCILMEMBER SAEFKE VOTING NAY, THE MAYOR DECLARED THE MOTION FAILED ON A 2 TO 2 VOTE. MOTION by Councilmember Saefke to change the time limit from 12 months to 9 months or until construction starts per agreement which will be done in writing. Seconded by Councilmember Barnette. Councilmember Bolkcom asked Mr. Kosluchar who he has been negotiating the leases with. Mr. Kosluchar replied Mr. Viera. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE AND COUNCILMEMBER SAEFKE VOTING AYE, AND COUNCILMEMBER BOLKCOM VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 3 TO 1 VOTE. MOTION by Councilmember Barnette to approve the Tower Site Lease Agreements between the City of Fridley and Clear Wireless, LLC, for Water Tower #1, Water Tower #2 and the Marion Hills Reservoir. Seconded by Councilmember Saefke. UPON A VOICE VOTE, MAYOR LUND, COUNCILMEMBER BARNETTE, AND COUNCILMEMBER SAEFKE VOTING AYE, AND COUNCILMEMBER BOLKCOM VOTING NAY, THE MAYOR DECLARED THE MOTION CARRIED ON A 3 TO 1 VOTE. 10. Resolution Authorizing the City Clerk to Withdraw the Certification of Certain Special Assessment for Street Improvement Project No. ST2008-01. James Kosluchar, Public Works Director, said the 2008 street reconstruction project was partially funded by special assessments against benefiting properties for curb and gutter. A parcel located at 6890 Channel Road was included in the assessment roll and subsequent resolution certifying the assessment. Anoka County Parks owns and operates the property. Notice was mailed to the County but it did not get forwarded to the proper person prior to the assessment hearing. Anoka County staff indicated they believe no special benefit was received by the property, and it was dedicated park land with no development allowed. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 16 Mr. Kosluchar stated City staff believed at the time the project was reviewed on the initial assessment that the paved area abutting the property was intended to provide maintenance access to the property. Anoka County Park staff indicated that this is not the case, and the paved area is rather an encroachment upon park property. There is no requirement for the City to withdraw the special assessment as requested by the County in the amount of $9,182.04. It is, however, consistent with our special assessment policy to do so. Anoka County Park staff stated they are working to alleviate the encroachment that exists on their property. Staff recommends Council's approval. Councilmember Saefke asked if it was the dead end portion of Channel Road. Mr. Kosluchar replied correct. Councilmember Saefke asked what part the City assessed. Mr. Kosluchar said the City assessed the parcel based on the consideration it could be developed at the end of the road. There could be a driveway permitted onto that property and access onto that property through an easement agreement with the residential neighbor to the east. Councilmember Saefke asked what they used for footage. Mr. Kosluchar said they took the end of street. They used an area benefit method. Sometimes in cases like this, the land does not have the frontage but it would have some similar benefit to frontages of other properties. They took the common properties on the west side and applied the square footage amount onto that property. Mayor Lund said he can eliminate some of the confusion. What they see is like a converted driveway parking area that is the encroachment to the property owner to the immediate north. He actually looked at this site today to try and figure it out. The property owner was out on the street. He knows the gentleman, and he gave Mayor Lund a history of it. It is an encroachment by the property owner. He said he told the property owner he should resolve the problem and buy the property from the County where he has his driveway/parking lot. A lot of that area is encroaching on the County's property. At some point when he wants to sell his property, he may want to buy that. The owner said the County was amicable to that but made a suggestion that it would be a lot of paperwork for them to do so. He assumed by the City's assessment that meant the City did the asphalt. That improvement was made by the property owner. Mayor Lund stated was wondering why the City should give them a deal and not assess them, but he does not see where their property abuts the actual improved road. He was also wondering why that whole area did not get a cul de sac because it probably makes it difficult for the City to plow that street. He understands why the Council should not be assessed. There is no benefit. Mr. Kosluchar said if this was a private parcel and the parcel had access to the roadway, it would actually be benefiting from the project. The improvement gets them to and from the property. Whether it is developed or not is up to the disposition of the property owner and, as FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 17 Mayor Lund said, a cul de sac could be in the future there. That is why they included them in the area of benefit. Mayor Lund asked Mr. Kosluchar if he felt the County should still be assessed. Mr. Kosluchar replied, his understanding is the land is park and cannot be developed. Mayor Lund said the County has not done anything about the encroachment. They are not pushing to correct that encroachment, although there is a stake there where they did some surveying to delineate the true property line from the property owner and the County. The County did make them move a shed that has existed according to the property owner for 25 years. Councilmember Bolkcom asked if this should be treated any different than other park encroachments. Mayor Lund replied, no. He said that he does not see, though, where the County is actually benefiting. There is no footage on the road. It does give them some accessibility but the County is not doing anything with the property. Councilmember Bolkcom said that is not the City's issue. Mayor Lund stated he does not see the benefit especially when there is no footage adjacent to the road. Mr. Kosluchar stated there are five other Anoka County properties on that proj ect and all of those have been assessed and actually have all paid. So it is not a matter of whether it is an Anoka County property or not. Mayor Lund stated this one is not touching the road. Councilmember Bolkcom said the County needs to correct that part themselves. It seems odd that it is all totally done and now they are coming forward and saying they do not think they should have to pay for that. Mayor Lund stated he agreed. Councilmember Bolkcom asked how the County found out about it. Mayor Lund said they got the bill. He can see the County's reasons for asking it to be removed. He asked Mr. Kosluchar if there was any discussion about any improvements on that road when they were making improvements. In his presentation he said the County is working on correcting this matter with the homeowner. That is contrary to what the homeowner told him. Mr. Kosluchar stated it was his understanding that they were. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 18 Mayor Lund said he told the property owner that he should really push to rectify it now rather than later. He would like the City to have some contact with them and make sure the two parties get connected. He asked where the money would come from. Mayor Lund asked where the money comes from. Mr. Kosluchar stated the proj ect is paid for out of various accounts. We basically reimburse the street reserve fund. It would come out that street improvement fund. MOTION by Councilmember Saefke to adopt Resolution No. 2010-16. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 11. Receive Bids and Award Contract for the 2009 Street Improvement Project No. ST2009-02. James Kosluchar, Public Works Director, stated the 61st Avenue Mill and Overlay Project is the rehabilitation project from Starlite Boulevard to Old Central on 61st Avenue and Moore Lake Drive. This is the project that is partially funded by ARRA (American Recovery and Reinvestment Act) stimulus funding. The workshops and hearing were held in the fall of 2009. The original project budget was $463,000. Concrete work costs increased as MnDOT required that adjacent pedestrian ramps meet ADA requirements, as this is a federally-funded project and they were talking about the adjacent ramps to every corner along the resurfacing area. They also have some additional work with street signs which are federally mandated for upgrade. Mr. Kosluchar stated there was a bid letting on December 29, 2009. The City received seven bids from $518,660.86 to $609,387.81. Northwest Asphalt of Shakopee, Minnesota, was the low bidder and they have worked in Fridley previously on several proj ects including the 2004 neighborhood street reconstruction and resurfacings in 2005 and 2007. Since the City has held the bid opening, it forwarded the results to MnDOT which has done reviews for concurrence due to the federal dollars involved. Northwest Asphalt received their disadvantaged business enterprise goal certification by MnDOT's civil rights office, and the civil rights office notified the City of Fridley last week that it can award to Northwest Asphalt. Mr. Kosluchar stated, looking at the bids received, staff did a reanalysis of special assessments that are still in line for the proj ect at approximately $1,400. The lowest asphalt price notably was provided by Northwest Asphalt. Staff wanted to make sure it was not imbalanced and would not create an issue with the assessment. Mr. Kosluchar stated the proj ect, if awarded, would require an additional State Aid contribution of $78,800 for the added project elements they talked about before. Staff recommends the award of this project. The next steps would be for staff to continue to process paperwork required by the delegated contract process with the various MnDOT offices, MnDOT establishes a FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 19 reimbursement with FHWA, the City holds a preconstruction meeting, citizen notifications would come out, and construction would begin. Councilmember Bolkcom stated the $78,800 of additional mandates by the federal government to get the federal funds is unbelievable. The $1,400 assessment is for the property owners but the commercial property is still being assessed at that high rate. Mr. Kosluchar replied correct. They calculated both and reviewed both with the bids received, and they are both in line with what they proj ected. Mayor Lund stated it was estimated at $1,500 but usually those are a little on the high side. Councilmember Bolkcom asked what was so special about the street signs. Does this mean that all of the City's street signs are mandated to meet federal retro reflectivity standards by 2015? Mr. Kosluchar replied correct. It is a federal requirement. William Burns, City Manager, stated money is budgeted for those signs in this year's budget. He asked why could the City not use that money rather than pull new MSAS money? Mr. Kosluchar replied that is a possibility. The complication is staff has budgeted the program to include our own workers so we are only paying for materials. In this case, we are bidding for the purchase and installation of the signs. They could look at the possibility of a deduction off the budgeted amount, therefore saving some of the MSAS dollars. Dr. Burns asked whether it would complicate the contract with Northwest Asphalt. Mayor Lund stated in any case with this added increase for the signage, it does not mean that the residents who are going to be assessed will be paying for it. Dr. Burns replied no. Mr. Kosluchar said nor the curb ramping or the concrete berm. MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 2009 Street Improvement Project No. ST2009-02 to Northwest Asphalt, Inc., of Shakopee, Minnesota, in the amount of $518,660.86. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 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 Street NE). FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 20 Mr. Kosluchar stated in 2009, the City of Fridley requested that Anoka County accelerate the resurfacing of Mississippi Street and Rice Creek Road. Anoka County agreed with the concept and asked that a draft agreement be prepared. The City and Anoka County worked out this agreement and, according to the attached Joint Powers Agreement, the estimated cost of roughly $330,000 for the County's mill and overlay work would be reimbursed to the City. The City will bid out the proj ect with its 2010 street proj ect, with the idea that there is economy to both projects by doing so and increasing the quantity. In addition, the City of Fridley would be reimbursed for contract administration costs of 8 percent for any construction. Councilmember Bolkcom asked if the 8 percent for contract administration costs covers the costs. Mr. Kosluchar replied it probably more than covers the costs. Our contract administration costs on this type of work are typically around 4 to 5 percent for this type of proj ect. Councilmember Bolkcom asked if there are overruns in their portion of this and change orders are we still protected with the j oint powers agreement. Mr. Kosluchar replied yes. Councilmember Bolkcom asked with this agreement if something should come up, he would just go back to one of their engineers and have that change order approved. Mr. Kosluchar replied on a material change, yes. MOTION by Councilmember Barnette to approve the 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 Street NE). Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Approve Change Order No. 4 for 2008 Street Improvement Project No. ST2008-01. Councilmember Bolkcom asked about boulevard branches and whether Public Works could have taken care of that. Mr. Kosluchar said he believes Public Works crews did the majority of the work. He is not sure if this is related to stump removal or additional branches that needed to be removed after the fact because of the utility relocations. The Public Works crew did some brushing and clearing there to save some dollars for us. Mayor Lund asked if the final estimate for Midwest Asphalt was for the same proj ect. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 21 Mr. Kosluchar said it is included there. Usually that is delayed two weeks from when the change order is approved. Mr. Kosluchar stated this is the final change order on this project, and Midwest was very good to work with on this project. They had a total of 2 percent change orders on this project and the project final cost is 2.16 percent less than the actual contract cost. He thinks it is important to note that both Midwest and staff worked together to maintain costs. MOTION by Councilmember Bolkcom to approve Change Order No. 4 for 2008 Street Improvement Project No. ST2008-01. Seconded by Councilmember Barnette. 4. Approve Joint and Cooperative Agreement for the Formation and Administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force. Councilmember Bolkcom said under Section 1 of the contract, it says this agreement for the Task Force Operation shall be in effect from January 1, 2009. She asked why it was coming to them now. She asked if Dr. Burns could get that answered for her. Councilmember Bolkcom said in the agreement it says the Task Force shall lease up to one vehicle for each officer, but the fuel, insurance, and maintenance costs all get billed to the City. She asked how that worked. William Burns, City Manager, said he does not know exactly how that process works. He does know they spend about $5,500 a year towards the Task Force expenses. Mayor Lund asked Councilmember Bolkcom whether she is asking if the City is paying for the fuel here and using our mechanic or if we were paying for them to do it somewhere else. Councilmember Bolkcom replied right. She thought leasing a vehicle for a year would be costly. Councilmember Saefke replied the Task Force itself is doing the leasing. The City is responsible for routine maintenance, such as brakes and tires, fuel and oil changes, etc. If there is anything major, the Task Force pays for the major repairs which should be covered under the terms of the lease. As far as the timing of this, he thinks it was mentioned that Brooklyn Park and Brooklyn Center no longer belong to it, but under the section on membership, they have deleted those and added Columbia Heights so that might be part of the timing of this particular agreement. Dr. Burns stated those are the only changes as he understands it in a long-standing agreement that has been around since 1996. Councilmember Bolkcom stated but why is it not a whole new agreement saying that it is starting from this date then if we are approving a new change. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 22 Mayor Lund stated he thought it would look better if they had something showing what is existing and what is new. Councilmember Bolkcom asked whether they passed something in January of 2009. Dr. Burns replied they did not. It is his understanding that the last one was passed in 2001. Councilmember Bolkcom said it has been in existence supposedly since January 1, 2009, and we are just getting around to looking at it. Mayor Lund stated he thinks all that really was needed was the information that highlighted the actual changes. Councilmember Bolkcom asked if most of the City's joint power agreements are approved or renewed every year. Dr. Burns said no, not every year. For example, we have the joint powers agreement for the fire training site that we have not seen in five or six years. Councilmember Bolkcom asked if they should be looking at them closer. She said they talked about how this was so much clearer than the Hennepin County one. Then they see an agreement that has been in existence since 2001. This agreement been in existence since January 2009 and is over a year old. Dr. Burns stated he will have to ask him why that is like that. Councilmember Bolkcom said it seems a little after the fact. Councilmember Barnette referred to the section of the agreement which talks about the administration, and that the commander will be assisted by the sergeant assigned to the Task Force by the Fridley Police. Has this been in existence since 2001? Dr. Burns said that happened in 2009. Councilmember Barnette stated he is 100 percent for this but asked if we currently had two open positions on our police force unfilled. Somewhere we need to come up with some money to fill those positions. Dr. Burns stated we belong to two task forces--this local task force which is a county-centered one and the Federal DEA Task Force. As they are looking at budget choices for 2011, he thinks they are going to have to look at the DEA Task Force membership. He thinks this one is the higher priority. Councilmember Barnette asked but that is new that the sergeant will be from Fridley. Dr. Burns replied correct. That person is running the day-to-day operations of the task force. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 22, 2010 PAGE 23 Councilmember Saefke stated this is an example of many communities working together for one purpose. Wherever it is possible, we do try to work together to accomplish a mission. No individual city that belongs to this could afford to do that on its own and protect its citizens and clean up its streets. However, working together we can. It still costs money, but it is a real benefit to the local communities to have these able people to take care of this for us. MOTION by Councilmember Bolkcom to approve the Joint and Cooperative Agreement for the Formation and Administration of the Anoka-Hennepin Narcotics and Violent Crimes Task Force. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Informal Status Report. There were no informal status reports. ADJOURN. MOTION by Councilmember Barnette, seconded by Saefke, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 9:14 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor PLANNING COMMISSION MEETING February 17, 2010 Chairperson Kondrick called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: Leroy Oquist, David Kondrick, Dean Saba, Jack Velin, and Brad Sielaff MEMBERS ABSENT: Brad Dunham and Marcy Sibel OTHERS PRESENT: Stacy Stromberg, Planner Ian Belgarde, Springbrook Apartments Charles Howley, HTPO Justin Komanick, Wal-Mart Approval of Minutes: January 20, 2010 MOTION by Commissioner Oquist to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS Consideration of Preliminary Plat, PS #10-01, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the creation of a new lot to be located on the north side of the subject property, legally described as Lot l, Block l, Wal-Mart in Fridley, generally located at 8450 University Avenue NE. 2. Consideration of a Special Use Permit, SP #10-02, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the relocation of the existing garden center from the east side of the existing building to the northwest side of the building, legally described as Lot l, Block l, Wal-Mart in Fridley, generally located at 8450 University Avenue NE. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:03 P.M. Stacy Stromberg, Planner, stated the petitioner, Mr. Charles Howley with Hansen Thorp Pellinen Olson, Inc., (HTPO, Inc.) who is representing Wal-Mart, is requesting a preliminary plat to create a new lot on the north side of the subject property which is located at 8450 University Avenue. Ms. Stromberg stated a special use permit is also being sought to allow the relocation of the garden center from the east side of the building to the north side of the building. The size of the garden center will be reduced from 11,221 square feet to 3,680 square feet. Ms. Stromberg stated the subject property is zoned G2, General Business, as are the properties to the north and south. Springbrook Apartments is located to the west and University Avenue is located to the east. The property is located south of 85t'' Avenue, along the University Avenue Service Road. The subject property was platted in 1992 and as a result the existing Wal-Mart was constructed. A special use permit was also issued in 1992, to allow the construction of a garden center. Special use permits were issued in 1994 and 1999 to allow an expansion of the garden center. Ms. Stromberg stated HTPO, Inc. is seeking to replat the subject properiy to allow for the creation of a new lot along the north side of the property. The proposed replat will consist of two lots; Lot 1, Block 1 and Outlot A, Wal-Mart in Fridley 2"d Addition. Proposed Lot 1 will be 838,893 square feet or 19.25 acres in size and Outlot A will be 59,276 square feet or 136 acres in size. The G2, General Business zoning district requires a minimum lot area of 20,000, which both lots will meet. City staff will stipulate that the Outlot A receive access from the existing Wal-Mart access point and will require that a shared parking easement be established between the two properties. Ms. Stromberg stated Garden Centers and nurseries are a permitted special use in a G2, General Business zoning district, subject to stipulations. Ms. Stromberg stated as indicated above, the subject property currently has a special use permit for a garden center. Any modification to the garden center requires Planning Commission review and City Council approval. The petitioner is proposing to relocate the existing garden center from the east side of the building to the north side of the building. Along with the relocation, the garden center will be reduced from 11,221 square feet to 3,680 square feet. Ms. Stromberg stated relocating the garden center on the site is just a portion of the work proposed on the subject property. The entire store will be remodeled by adding two receiving dock doors on the south side of the building, relocating the entrance vestibule, branding the front elevation, adding a grocery component, and reconstructing areas of the site immediately adjacent to the building. A 456 square foot addition will be constructed to the vestibule area that will bring the total square footage of the building to 121,191 square feet. Ms. Stromberg stated the remodel will also allow Wal-Mart a chance to make some other improvements to the site. Those include reconstructing the front drive aisle access point with the University Avenue Service Drive entrance, adding a sidewalk along the west side of the University Avenue Service Drive to connect to the sidewalk at Banfill Crossings, adding a crosswalk connection to the existing bituminous trails on the east side of the University Avenue Service Drive, removing excess parking on the north side of the property to create an outlot for future development, and installing new landscaped islands in the parking lot. Ms. Stromberg stated City code requires the Wal-Mart building with the proposed 456 square foot addition to have 553 parking stalls. The current site has 741 parking stalls. With the creation of the new outlot and the some new landscaped islands, the subject property will have 576 parking stalls which is still above what code would require. Ms. Stromberg stated the proposed relocation of the garden center and building expansion meets lot coverage and setback requirements. The new garden center will be constructed using decorative block and wrought iron fence. The decorative block will be painted as will the rest of the building. Ms. Stromberg stated City code requires that a five (5) foot sidewalk easement be provided along all property lines when a commercial property is adjacent to a public right-of-way or across from residential. The Council may allow the petitioner to delay installation of the sidewalk if the petitioner signs an agreement that it will be constructed when the City requires the installation. Since the staff report was written, the petitioner and staff have discussed construction of the sidewalk and determined that instead of 2 requiring the side walk easement, the petitioner will instead construct a 6 ft. sidewalk along the University Avenue Service Drive to 85t'' Avenue that is within the public right-of-way. Staff will stipulate that the sidewalk be installed by September 2011. Ms. Stromberg stated that City Staff received an e-mail from the owners of Banfill Crossings today with two concerns about the project. The first concern was related to the potential of additional noise that may be created by the construction of two additional dock doors on the south side of the building and we asking if the City could restrict the hours of delivers. The City's response to that is that a store like Wal- Mart or a grocery store is permitted by right in the G2 zoning district. The garden center is what requires the petitioner to get a special use permit. As a result, the City isn't able to restrict hours of delivery, nor have we done that to any other businesses permitted by right. The second concern that Banfill had was related to a vision safety issue coming out of their garage as a result of Wal-Mart's landscaping. Staff and the petitioner went to the site today to assess the issue and discovered that this is at least one tree that is causing a vision safety issue that will need to be removed. The petitioner has agreed to remove the trees necessary to resolve this issue and staff will work with them to ensure that it happens. Ms. Stromberg stated City Staff recommends approval of the preliminary plat request, with stipulations as the proposed lots meet minimum standards. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations as a Garden Center or Nurseries are a permitted special use in the G2, General Business zoning district, subject to stipulations. Ms. Stromberg stated staff recommends that if the preliminary plat and special use permit are granted, the following stipulations be attached: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,36335 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area if site is directly adjacent to residentially zoned property. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. Ms. Stromberg stated in the Commission's packet there were 21 stipulations. There were two stipulations related to the grease trap so one of those was removed. Commissioner Velin asked who will be removing the tree at Banfill Crossing? Ms. Stromberg replied, Wal-Mart. It is on Wal-Mart's property. Commissioner Saba asked about having an intercom system. He thought they were obsolete. The garden center will be right ne�t to the Springbrook Nature Center. Ms. Stromberg replied that language comes right out of the Code. Several of the stipulations come right out of the Code regarding garden centers. Commissioner Kondrick asked the petitioner whether they are in agreement with the stipulations? Charles Howley, civil engineering consultant for HTPO, stated absolutely. They received them last Friday and have reviewed them. One of the stipulations was revised regarding the sidewalk and they are in agreement. Ken Belgarde, Springbrook Apartments, stated he is part owner of the apartments. Two of their properties are next to a Wal-Mart. One issue he has is that Wal-Mart generates a lot of trash. Wal-Mart's housekeeping is a little lacking sometimes and there is trash and papers blowing around. At the Fridley location they have their garages lined up. Between the garages and the property line there is a walking path. Their residents are walking down the path and seeing a lot of trash, some is theirs but a large share is Wal-Mart's. With moving the garden center from the east to the north and being closer to them, he is a little concerned about their cleaning. One thing that would help is if Wal-Mart put their fence all the way down to the ground. He talked to their resident manager who stated she tried to work with the store manager and sometimes they cooperate and sometimes they do not. Justin Komanick, Wal-Mart Store Manager, stated the concerns have been brought up before and last year they actually did lower the fence. Hopefully this spring with the thaw there will be less trash. They do pick up the trash on a weekly basis. Mr. Howley stated that change in the garden center location should actually change the amount of trash that blows over to the apartments, because the main entrance to the building will over to the east. 0 Commissioner Sielaff asked in the event there are issues is there an ordinance regarding compliance? Ms. Stromberg replied, of course and that is something we would enforce and talk with Wal-Mart about. MOTION by Commissioner Sielaff receiving a February 10, 2010 e-mail from Jay Portz of J.A. Wedum Foundation. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:27 P.M. Commissioner Oquist stated he had no problem with this. The stipulations seem to cover everything. It will be nice to have the sidewalk. Also, they are actually decreasing the size of the garden center. Chairperson Kondrick stated he does not have a problem with it either. Commissioner Oquist asked what is going to happen with the existing garden center space? Mr. Howley replied, they will be taking that out and putting in some compressors for the groceries. MOTION by Commissioner Oquist approving Consideration of Preliminary Plat, PS #10-01, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the creation of a new lot to be located on the north side of the subject property, legally described as Lot 1, Block 1, Wal-Mart in Fridley, generally located at 8450 University Avenue NE with the following stipulations: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,36335 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area if site is directly adjacent to residentially zoned property. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Commissioner Oquist approving Special Use Permit, SP #10-02, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, to allow the relocation of the existing garden center from the east side of the existing building to the northwest side of the building, legally described as Lot 1, Block 1, Wal- Mart in Fridley, generally located at 8450 University Avenue NE with the following stipulations: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,36335 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. � 12. No intercom system shall be used in the garden center area if site is directly adjacent to residentially zoned property. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 feet in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6-foot sidewalk against the back of the curb along the University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Receive the Minutes of the January 7, 2010, Housing and Redevelopment Authority Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. Receive the Minutes of the December 7, 2009, Parks & Recreation Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Receive the Minutes of the January 4, 2010, Parks & Recreation Commission Meeting. MOTION by Commissioner Saba to receive the Minutes. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated the new meeting will be on March 17, 2010. 7 ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:34 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary � � CfTY OF FRIaLE7 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 8, 2010 Date: March 4, 2010 To: William Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat, PS #09-05, Fridley Medical Center/Unity Hospital Background On December 14, 2009, the City Council approved a preliminary plat request, PS #09-05, submitted by Rodney Lee, Premier FMC, LLC. The plat has now been approved by the County and is ready for final plat approval. Mr. Lee's project proposal is on behalf of Fridley Medical Center/LTnity Hospital. The purpose of the new plat is to subdivide the property to allow construction of a new 2- story medical office building. Council/Commission Action The Planning Commission held a public hearing on the preliminary plat on November 4, 2009. The City Council reviewed the plat request at their December 14, 2009 meeting. Both the Planning Commission and the City Council approved of the preliminary plat as proposed. There was no opposition to the plat request by members of the public. No sustentative changes have been made to the plat in its final form and staff recommended approval after their review. RECOMMENDATIONS City Staff recommends approval of the final plat request, with stipulations. • Proposed lots meet minimum standards. STIPULATIONS Staff recommends approval of the final plat with the following stipulations attached. 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and Irrigation plan to meet code requirements shall be reviewed and approved by City Staff prior to issuance of building permit. 8. The subject property shall be maintained free of any and all construction litter. All construction materials shall be properly managed on site to avoid neighborhood impacts. 9. Construction vehicles shall not bring materials before 7:00 am. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. Future additions/expansions on this site shall be reviewed by City Staff and a determination shall be made regarding the need for a strategic plan for structured parking. If sufficient additional parking is required based on the addition, a structured parking plan will be required. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5 ft. easement and sidewalk along St'' Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staf£ [Staff recommends] Installation of St'' Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 14. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 15. The petitioner shall obtain a permit from Anoka County for any work done within the county right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right-of-way shall be approved by the County prior to planting. 17. Storm -water management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. RESOLUTION NO. 2010 - 17 RESOLUTION APPROVING A PLAT, P.S. #09-05, LOTS 1, lA, 2, 2A, 3, 3A and LOT 4, UNITY ADDITION BY THE CITY OF FRIDLEY, FOR THE PURPOSE OF CREATING SEVEN NEW LOTS, GENERALLY LOCATED AT 480, 500 AND 550 OSBORNE ROAD, FRIDLEY, MN WHEREAS, the Planning Commission held a public hearing on November 4, 2009, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for 480, 500 and 550 Osborne Road at their December 14, 2009, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the final plat has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for 480, 500 and 550 Osborne Road and directs the petitioner to record said document at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8Tx DAY OF MARCH 2O10. Robert Barnette, Mayor Pro Tem ATTEST: Debra A. Skogen, City Clerk Resolurion No. 2010-17 Page 2 EXHIBIT A 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and irrigation plan to meet code requirements shall be reviewed and approved by City staff prior to issuance of building permit. 8. The subj ect property shall be maintained free of any and all construction litter. All construction materials shall be properly managed on site to avoid neighborhood impacts. 9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. Future additions/expansions on this site shall be reviewed by City staff and a determination shall be made regarding the need for a strategic plan for structured parking. If sufficient additional parking is required based on the addition, a structured parking plan will be required. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5 ft. easement and sidewalk along Sth Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staff. [Staff recommends] Installation of Sth Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 14. The petitioner shall comply with any requirements set forth by Anoka County Highway Department. Resolurion No. 2010-17 Exhibit A Page 3 15. The petitioner shall obtain a permit from Anoka County for any work done within the County right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right- of-way shall be approved by the County prior to planting. 17. Stormwater management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to the issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MARCH 8, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director March 8, 2010 Award Contract for Sanitary Sewer Lining Project No. 394 i����`��a��r� The Capital Improvement budget has funds identified for lining rehabilitation of our sanitary sewer lines. We will be doing this work in two areas in 2010. We provided information on the locations of the proposed work at the February 8, 2010 City Council meeting. On Wednesday, March 3, 2010, at 10:00 a.m. bids were opened for the 2010 Sanitary Sewer Lining Project No. 394. We had four bidders on the 2010 project, see the attached tabulation. Lametti & Sons, Inc. of Hugo, MN was the lowest responsive bidder. The low bid received is well within this year's budget of $185,000, and the low bid is approximately 15% lower than the final engineer's estimate of $185,755.00. Bids were fairly spread out, mainly due to unit price variations for the 15" diameter lining. Unique elements to this year's project include work within the University Avenue (Trunk Highway 47) right-of-way, which will likely require overnight work for some segments to minimize traffic impacts. According to the project requirements that are flexible to prevent undue increase in costs, the work will take place between April 15 and September 15, 2010. Upon award and execution of contracts, staff will schedule a preconstruction meeting, at which time a schedule of work will be received from the contractor. Recommend the City Council receive the bids and award the contract for the 2010 Sanitary Sewer Lining Project No. 394 to Lametti & Sons, Inc. in the amount of $159,472.00. 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Burns, City Manager Richard D. Pribyl, Finance Director Deb Skogen, City Clerk February 26, 2010 Resolution Supporting Lions Club of Fridley Application for Off-Site Premise Permit to Conduct Raffle and Pull-tabs at Commons Park and Community Park During Fridley 49er Days Celebration Section 30 of the Fridley City Code allows Lawful Gambling by a licensed organization. The Lions Club of Fridley currently conducts lawful gambling at Billiard Street Cafe Inc dba Two Stooges Bar and Grill located at 7178 University Avenue NE and at BAM Inc dba Shortstop Fridley located at 1298 E Moore Lake Drive. State law allows an organization to conduct four off-site events per year. The premise permit application requires a resolution from the City Council approving off-site gambling. If approved, the premise permit would become effective from June 24 through June 27, 2010 and the Lions Club of Fridley would be allowed to conduct off-site gambling at Commons Park and Community Park for the Fridley 49er Days Events. The Director of Parks and Recreation has signed the Lease Agreement for Off-site Activity. Staff recommends approval of the premise permit application by adoption of the attached resolution. RESOLUTION NO. 2010 - RESOLUTION IN SUPPORT OF AN APPLICATION TO CONDUCT OFF-SITE GAMBLING BY THE LIONS CLUB OF FRIDLEY AT COMMONS PARK AND COMMUNITY PARK FROM JUNE 24 TO J[TNE 27, 2010 DURING THE FRIDLEY 49ER DAYS EVENTS. WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit to conduct Off-site Gambling from the Lions Club of Fridley; and WHEREAS, the locations of the Off-site Gambling shall take place at Commons Park and Community Park within the City of Fridley from June 24 to June 27, 2010 during the Fridley 49er Days Events; and WHEREAS, the Lions Club of Fridley., currently holds a state lawful gambling license and conducts lawful gambling at Billiard Street Cafe Inc dba Two Stooges Bar and Grill and B.AM. Inc., dba Shortstop Fridley; and WHEREAS, four off-site events are allowed in each calendar year by the State of Minnesota; and WHEREAS, the City of Fridley has found no reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Application to Conduct Off-Site Gambling submitted by the Lions Club of Fridley between June 24 and 27, 2010, during the Fridley 49er Days Events at Commons Park and Community Park. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gTx DAY OF MARCH 2O10. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � AGENDA ITEM � COUNCIL MEETING OF MARCH 8, 2010 � �F CLAI MS FRIDLE7` CLAIMS 145258 - 145401 � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 8, 2010 ��F LICENSES FRIDLE7` TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�: Social Skill and Card Game St Street Entertainment, LLC Public Safet Tournament Service Provider dba St Street Poker Parties Lynda M Barry, President Solicitor's License Window Store Home Public Safety Im rovement * *Donald Christensen Addition of a new solicitor. Business has prior approval. � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 8, 2010 ��F LICENSES FRIDLE7` Contractor T e A licant A roved B Dean's Professional Plumbin Heatin Lisa Pulczinski Ron Julkowski, CBO McGough Construction Commercial or Tom McGough Jr. Ron Julkowski, CBO Specialty TLT Ente rises Gas Tim Toensin Ron Julkowski, CBO Ron Julkowski, CBO Ron Julkowski, CBO � � �ff1' 4F FRIDLE7` AGENDA ITEM CITY COUNCIL MEETING OF MARCH 8, 2010 ESTI MATES Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 2009 Miscellaneous Concrete Repair FINAL ESTIMATE ........................ $ 3,425.27 � � CfTY OF FRIaLE7 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 8, 2010 Date: March 2, 2010 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Postponement of Second Reading for ZOA #10-01 for Tri-land INTRODUCTION On February 22, 2010, the City Council held the first reading of the ordinance to rezone the property at 250 57th Avenue from C-3, General Shopping to PUD, Planned Unit Development. In order to hold the second reading of the ordinance, the General Plan for Development with the necessary final documents need to be ready for the City Council to review and approve. Though staff and the City Attorney have had a chance to review the General Plan for Development, as of the end of the day, March 2, 2010, the necessary attachments needed to complete the stipulations haven't been submitted. As a result, staff is recommending that the City Council postpone second reading of ZOA #10- 01 to March 29, 2010. PLANNING STAFF RECOMMENDATION City Staff recommends the City Council postpone second reading of ZOA #10-01 to March 29, 2010. � � �T'f �F FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 8, 2010 William W. Burns, City Manager Donovan W. Abbott, Public Safety Director Bob Rewitzer, Captain March 3, 2010 Contract for Towing, Impounding and Storage of Motor Vehicles This memo is written in support of the City's acceptance of the Contract for Towing, Impounding and Storage of Motor Vehicles with Schmit Towing, Inc., 92 43rd Ave NE, Fridley, Minnesota 55421. The Police Department has contracted with Shorty's Towing (formerly Shorty's Heavy Duty Wrecker Service) for several decades. The tow contract was last reviewed in 2004. A comprehensive evaluation of the tow service contract was initiated fall of 2009. A Request for Proposals for Towing, Impounding and Storage of Motor Vehicles (RFP) was prepared outlining the requirements for 24-hour motor vehicle towing, impounding and storage services for the City of Fridley. An RFP was sent to the League of Minnesota Cities for publication in their marketplace and was mailed to tow service vendors that had previously contacted the department. Responses were received from eleven vendors. The responses were reviewed and evaluated by fourteen City staff inembers representing Police, Community Development, Public Works/Engineering and Fire. Site inspections were conducted on the top three vendors. The conclusion, based on the evaluation criteria of service, security/facilities, qualifications/experience and costs, was that Schmit Towing, Inc., a company based in Fridley, would best meet the needs and requirements of the City. Schmit Towing has been in business since 1983. The business was a 2008 American Towman ACE Award recipient and a finalist for the 2009 Better Business Bureau Integrity Award. BBB Integrity Awards are presented to businesses in Minnesota and North Dakota that have demonstrated a commitment to conducting their business practices in an ethical manner. Schmit Towing currently tows for the Minnesota State Patrol and impounds vehicles for the Hennepin County Sheriff's Office. The term of the contract is from March 8, 2010 to January 1, 2013. The contract may be renewed thereafter in one year intervals. Schmit Towing, Inc. reserves the right to renegotiate charges for towing and storage services at renewal. This contract has been approved as to form by City Attorney Fritz Knaak The contract is attached and has been signed by Public Safety Director pon Abbott and Schmit Towing, Inc. owner Stephen Schmit. Staff recommends approval of the Contract for Towing, Impounding and Storage of Motor Vehicles with Schmit Towing, Inc. CONTRACT FOR TOWING, IMPOUNDING AND STORAGE OF MOTOR VEHICLES This agreement is made and entered into this day of , 2010, by and between Schmit Towing, Inc., 92 43rd Avenue NE, Fridley, Minnesota 55421, hereinafter referred to as the Contractor and the City of Fridley, a municipal corporation with offices at 6431 University Ave NE, Fridley, Minnesota 55432, hereinafter referred to as the City. WHEREAS, the Contractor has proposed to provide 24-hour towing and storage of police impounded vehicles and vehicles determined to be, and found to be, in violation of the Fridley City Code and the Minnesota State Statutes; AND WHEREAS, it is in the best interest of the City that the Contractor shows responsibility to the City and the public and indicate the charges and rates for towing and storage of motor vehicles; AND WHEREAS, it is the intention of the City and the Contractor that this agreement shall run for the period of March 8, 2010 through January 1, 2013. NOW, THEREFORE, IT IS MUTUALLY AGREED That the following terms and conditions detail the requirements of the Contractor to provide 24-hour motor vehicle towing, impounding and storage services for the City of Fridley on an as needed and directed basis. Such direction is to be by the Public Safety Director, Community Development Director, Fire Chief, Public Works Director, or their authorized and legal representatives. Equipment: Contractor shall have sufficient equipment to be able to tow any and all city owned vehicles, and those vehicles as designated by the Public Safety Director, Community Development Director, Fire Chief, Public Works Director or their authorized and legal representatives, including but not limited to: A. Equipment capable of towing automobiles, light trucks, vans, utility vehicles, 4x4's, snowmobiles, motorcycles, all terrain vehicles, school buses, coach buses, commercial vehicles, heavy trucks, and any other vehicle, motorized or not and further equipped to control movement of the towed vehicle; and B. Equipment sufficient and designed to move vehicles not amenable to towing or to move a completely demolished vehicle by means of dollies or low-bed trailers; and C. Trucks and equipment of sufficient quantity that allows the Contractor to meet the required response time regardless of season, time, date or event; and D. Equipment sufficient to conduct water recovery. All equipment to be used by the contractor under this contract shall be maintained in good repair and condition. The City reserves the right to inspect the equipment from time to time for the purpose of determining that the equipment condition is in conformance with law and the terms and conditions of the contract. Personnel: Contractor performing under this contract shall assume all and full responsibility for the conduct of employees performing under this contract. The Contractor guarantees that all of the employees performing under this contract will be adequately trained in their profession, will respond promptly to all calls, be clean and neat in appearance, use decent language free of profanity, and treat the public courteously at all times. Request for service from the City of Fridley Police Department must be given first priority by all dispatchers. Drivers shall possess and carry a valid Minnesota driver's license commensurate with the vehicle they are operating and be proficient in the operation of such equipment. All drivers shall operate the Contractor's equipment in a safe and prudent manner, complying with all traffic laws. The City reserves the right to conduct background checks on all employees of the Contractor at the time of contract and annually thereafter. Failing to meet any or all of the requirements of this section may result in cause for terminating the contract at any time as per the conditions specified for contract termination. Licensing: Contractor shall obtain and maintain in effect throughout this contract, all licenses, permits and certificates as required by the State of Minnesota, Anoka County, and the City of Fridley for the operation of the service required to be performed by the Contractor under this contract. The Contractor shall operate and maintain its parking and storage facility in compliance with the terms of this contract and all State and City applicable laws, ordinances, rules and regulations that are presently in effect or which may hereafter be adopted. Storage Facilities: Storage and parking lot facilities used by the Contractor under this contract shall be located within the corporate limits of the City of Fridley unless otherwise agreed to by the City but in any event shall be located no more than two linear miles from the corporate limits of the City of Fridley. Storage and parking lot facilities used by the Contractor under this contract shall meet all of the applicable State and local building code standards and municipal license and zoning requirements, including those relating to outdoor storage, screening and landscaping of the city in which the facility is located. The facilities to be utilized under this contract must have the capability of storing a minimum of two (2) vehicles inside and a further capability of providing storage for a minimum of twenty-five (25) vehicles outside. It shall be the responsibility of the Contractor to provide additional outside storage if needed to meet storage volume requirements. Inside storage will be necessary only when so requested or directed by an authorized official of the City of Fridley. When a direction is given to store a unit inside, such directions may be accompanied by instructions for certain security measures to be employed. Vehicle security becomes the responsibility of the Contractor while the unit is in his/her control. Parking lots must be fenced in a secure manner with a minimum fence height of six (6) feet. The Contractor agrees to keep safely all impounded vehicles, equipment and accessories, and all personal property contained therein, and to retain possession of same until all charges against the impounded vehicle have been satisfied, and to reimburse the City and the owners for any and all losses relating thereto. Personal property that, in the judgment of the Police Department is necessary for health and safety purposes shall be released upon order of the Police Department. The Contractor will be solely responsible for loss or damage to any vehicle, including all equipment and contents, from the time direction is given by the authorized City representative turning the vehicle over to the Contractor or his Agent, until such time as the vehicle is legally released to the registered or actual owner or legal agent thereof. Insurance: Contractor shall maintain in effect throughout this contract liability, property damage and fire insurance which shall contain coverage in an amount not less than $100,000 to any one person and not less than $300,000 total in any one incident and not less than $10,000 fire and property damage coverage. Availability: Contractor shall provide towing services 24 hours per day, every day of the year. Contractor shall provide a telephone answering service 24 hours a day, seven days per week, for the purpose of receiving requests for service pursuant to this contract. While performing under this contract and under these specifications, the Contractor's hours of operation for release of impounded vehicles shall be no less than 8:00 a.m. to 6:00 p.m., Monday through Friday, four daytime hours on Saturday, and two daytime hours on Sunday and legal holidays. Hours must be posted in a prominent place on the front door or front gate of the facility. Access to the storage facility shall be available to the Public Safety Director or other authorized and legal representative, at all times and without costs. The City shall have the right to inspect the Contractor's equipment, storage facility and pertinent records without notice, during normal business hours. Response Time: Upon receipt of request for towing service by the City, the Contractor shall dispatch the necessary trucks and equipment so as to arrive at the site so designated within the specified time, which shall not be more than twenty (20) minutes, after receipt of request. Should the Contractor fail to appear at a designated tow point within the specified time after receiving a call for a tow, the City reserves the right to call another towing service to perform the work. If the Contractor is called and is unable to respond due to conditions beyond his/her control, the authorized City officials shall be immediately so informed and the City has the right to call another service to perform the work. In the event that at any time, it becomes necessary for the City to request the services of another towing service for the reasons detailed above, the City retains the right to hold the Contractor responsible for any additional charges over and above the fee schedule recorded in this contract. Such charges shall be assessed only if the response failure is due to negligence on the part of the Contractor. Such negligence might include equipment failure. In addition to the above charges, to promote the general welfare and safety, in all cases where the Contractor shall fail to respond to any call for tow trucks within thirty (30) minutes, the City shall be paid Fifty and no/100 Dollars ($50.00) by the Contractor for each failure to respond. The City reserves the right to call the closest available towing company in the event of an emergency as determined by the City, regardless of any contractual relationship with the City. At the discretion of the City, response time may be altered in the event of adverse road, traffic or weather conditions. If an involved private owner/operator makes a timely request for a tow by other than the Contractor retained under this contract, the Police Department may honor such request. In such instance, the owner/operator is solely responsible for all associated charges. Contractor Services: Contractor agrees to provide all services required by the City of Fridley for towing, impounding, transport, and storage of vehicles. These services shall be provided in accordance with the terms of the contract. The Contractor shall, in addition to towing and storage services, be responsible for cleaning up all debris associated with the disabled vehicle(s) at the site. This may include items such as vehicle parts, broken glass, metal or other debris, excluding commercial cargo, resulting from the accident. The required clean up shall be completed prior to the Contractor leaving the site, as per instructions from the City Police Officer in charge at the site. Clean up is to be completed without any additional compensation, unless extraordinary circumstances exist. Such costs may be charged to the appropriate vehicle owner. Contractor may also be asked to provide occasional roadside service, such as changing tires, for Police squad cars and other City vehicles. Impounded vehicles shall be towed directly to the Contractor's storage facility unless otherwise directed by the City. All designated vehicles at an accident site shall be towed and removed before the Contractor leaves the scene to respond to any other service call. Vehicles will not be driven at any time during the towing procedure, except as incidental to the impound process. In the event that the vehicle is without tires or has flat tires, the Contractor is to remove the vehicle in such a way as to avoid or minimize damage to the wheels or road surface. The Contractor may not tow any vehicle on its rims, on wheels without tires, or on flat tires. Contractor agrees to abide by applicable Minnesota Statutes and Fridley City Code in controlling and disposing of impounded vehicles. Vehicle Release: All vehicles towed or impounded are to be released in accordance with procedures adopted by the Public Safety Director. Vehicles being held for evidential or investigative reasons by the Police Department may not be released without written authorization by the Public Safety Director or other authorized and legal representative. Other vehicles may be released as provided herein without formal authorization from the Public Safety Director. Contractor agrees to establish the identity of the registered owners and lien holders, if any, of impounded vehicles through the Department of Public Safety automobile titles, insurance papers and dealer bills of sale. Contractor shall be responsible to check the theft status of any impounded vehicle in the contractor's possession at least once every week. Upon deposit of a towed vehicle in the storage facility, the Contractor shall send a notice specifying the date and place of the tow, the year, make, model, and serial number of the vehicle towed within five (5) days to the registered owner as well as any lien holders of record. The notice shall include the procedure for reclaiming the impounded vehicle and comply with Minnesota Statue 168B.06. A record of this notice shall be retained by the Contractor during the term of this contract, and for an additional two (2) years after the expiration of this Contract. The cost of this notice shall not exceed thirty-five and no/100 Dollars ($35.00) and shall be borne by the registered owner of the vehicle. If the owner of the impounded vehicle subject to a lien fails to reclaim the vehicle, the Contractor shall provide notice to the lien holder, if any, prior to disposition of the vehicle. Vehicles shall not be released without proper proof of ownership. If the vehicle is to be driven from the impound lot, proof of current insurance covering the vehicle and proof of a valid driver's license by the prospective driver shall be required. At the time of the release of the vehicle, the Contractor shall provide a receipt in writing which shall state the date of such vehicle release together with the charges enumerated thereon and the purpose for which the charges were made. The receipt shall be made in one original and two copies, all of which shall be signed by the Contractor and the person to whom the vehicle release is made. The Contractor shall retain the original of the receipt and shall deliver one copy to the owner of the vehicle and one copy to the Police Department. Records: Contractor shall be responsible for maintaining proper records of all vehicles towed, stored, released, still held, junked and destroyed. The record keeping system shall meet the approval of the Fridley Public Safety Director and records are to be available at all times for inspection by authorized City officials. Contractor shall prepare a comprehensive monthly report of all vehicles towed, stored, released, still held, junked and destroyed, in a form acceptable to the City. The contractor must have the ability to receive and send documents electronically in addition to fax capabilities. Towing Charges: Contractor assumes full responsibility for the collection of all fees involved with the towing, removal and storage of vehicles. The Contractor shall be entitled to a charge for towing and storage services pursuant to the fees herein enumerated. A fuel surcharge may be collected during any week in which the previous week's average cost of diesel fuel, as listed on the federal EIA fuel information website for the Midwest region, exceeds $3.449 per gallon. The site is found at: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp. The Contractor agrees that neither the City nor any Department thereof is responsible for any charges as a result of towing and/or storage and that the Contractor assumes all liability for any and all unpaid charges. Exception: For vehicles identified by the Police Department as subject to forfeiture, and subsequently towed to a location other than the Contractor's storage facility, the City will pay the Contractor a flat rate charge per vehicle towed. Contractor agrees to accept as method of payment, cash, and one other method of payment such as check or credit card. Towing and storage rates shall be uniformly charged. The rates for towing shall be as follows: Tow of automobiles and other vehicles under 10,000 pounds GVW Tow of vehicles between 10,001 and 26,000 pounds GVW Tow of vehicles over 26,000 pounds GVW Tow of snowmobiles, motorcycles, and all terrain vehicles Additional charge for use of winch Tow of vehicles under Police Forfeiture to a location other than the Contractor's storage facility Tow of Police squad cars or City vehicles to City Shop Storage charge per day for outside storage of towed vehicles Storage charge per day for inside storage of towed vehicles Storage charge for large vehicles in excess of 26,000 pounds GVW Occasional roadside service, such as changing tires, for Police squad cars and other City vehicles Fuel Surcharge $ 74.00 $ 128.00 $ 175.00 per hour $ 74.00 $ 100.00 per hour $ 60.00 $ No Charge $ 35.00 $ 35.00 $ 100.00 $ No Charge $ 5.00 per tow Duration, Cancellation, Termination and Enforcement This contract shall remain in force for the period specified unless cancelled by either party giving written notice of cancellation at least thirty (30) calendar days in advance. This contract may, upon mutual agreement between the City and the Contractor and according to the terms of the existing contract, be renewed in one year intervals. Contractor reserves the right to renegotiate charges for towing and storage services at renewal. The City may, by written notice to the Contractor, terminate this contract immediately for failure of the Contractor to perform the terms and conditions of this contract related to personnel. Failure by the City to enforce one or more terms of the contract does not waive the right of the City to enforce any other terms of the contract. The acts otherwise prohibited by the terms of the contract shall be permitted if done at the written direction of the City Manager, or his designee where necessary, to preserve evidence or alleviate a hazard to public safety. AGREED TO this day of , 2010. City of Fridley Scott. J. Lund, Mayor Donovan W. Abbott, Public Safety Director Schmit Towing, Inc. Stephen Schmit President � � CfTY OF FRIaLE7 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 8, 2010 Date: March 1, 2010 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #10-01, HTPO Inc, on behalf of Wal-Mart INTRODUCTION The petitioner, Mr. Charles Howley with Hansen Thorp Pellinen Olson, Inc., (HTPO, Inc.) who is representing Wal-Mart, is requesting a preliminary plat to create a new lot on the north side of the subject property which is located at 8450 University Avenue. The proposed replat will consist of two lots; Lot 1, Block 1 and Outlot A, Wal-Mart in Fridley 2nd Addition. Proposed Lot 1 will be 838,893 sq. ft. or 19.25 acres in size and Outlot A will be 59,276 sq. ft. or 1.36 in size. The C-2, General Business zoning district requires a minimum lot area of 20,000, which both lots will meet. City staff will stipulate that the Outlot A receive access from the existing Wal-Mart access point and will require that a shared parking easement be established between the two properties. PLANNING COMMISSION RECOMMENDATION At the February 17, 2010, Planning Commission meeting, a public hearing was held for PS #10-01. After a brief discussion, the Planning Commission recommended approval of plat PS#10-01, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS � ` � ,� °° ���.. �. nt .......:. , � }. z _ - -- *��- ;� . =��- . .� _ - � L � #£ I M R � � �k�rara ; � �,.. R � �� i '� New garden � ' center locatiori ' � , � , �{ � x ,...��� � � , ,' `' _' � � . . . . . . , �. .. -� „. � ��r � , �...,_ �� _ . � �,.x... �.: ��:_�. �TM,..�_.� �. �k ! �.:�r � ., 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1, 363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the University Avenue Service Drive to 85t`' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. City of Fridley Land Use Application PS #10-01 & SP #10-02 February 17, 2010 GENERAL INFORMATION Applicant: HTPO, Inc. on behalf of Wal-Mart Charlie Howley 7510 Market Place Drive Eden Prairie MN 55344 Requested Action: Plat to create a new lot Special Use Permit to allow the relocation of the outdoor garden center Existing Zoning: C-2, General Business Location: 8450 University Avenue Size: 898,207 sq. ft. 20.62 acres Existing Land Use: Wal-Mart Surrounding Land Use & Zoning: N: Slumberland & C-2 E: University Avenue & ROW S: Bandfill Crossing & C-2 W: Springbrook Apartments & R-3 Comprehensive Plan Conformance: Comprehensive Plan designates this area as Commercial Zoning Ordinance Conformance: Sec. 205.14.1.C.(13) requires a special use permit for garden center or nurseries which require outdoor display or storage of merchandise. Zoning History: 1992 — Lot is platted. 1992 — Wal-Mart is constructed. 1992 — SP #92-07 approved for a garden center. 1994 — SP #94-14 approved for a garden center expansion. 1996 — Interior alterations done for McDonalds. 1999 — SP #99-11 approved for a garden center expansion. Legal Description of Property: Lot 1, Block 1, Wal-Mart in Fridley Public Utilities: Existing buildings is connected. Utilities are available for new lot. Transportation: The property is accessed from the Universitv Avenue Service Drive. Physical Characteristics: Building, parking areas and landscaping. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioner, Mr. Howley, on behalf of Wal-Mart is requesting a preliminary plat to create a new lot commercial lot on the north side of the subject property and a special use permit to allow the re- location of the outdoor garden center from the east side of the building to the north side of the building. The Wal-Mart store is located at 8450 University Avenue. SU M MARY OF ANALYSIS City Staff recommends approval of the preliminary plat request, with stipulations. • Proposed lots meet minimum standards. City Staff recommends approval of this special use permit, with stipulations. ■ Garden Center or Nurseries are a permitted special use in the C-2, General Business zoning district, subject to stipulations. Aerial of Subject Property CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 8, 2010 60 Day — March 15, 2010 Staff Report Prepared by: Stacy Stromberg PS #10-01 and SP #10-02 REQUEST The petitioner, Mr. Charles Howley with Hansen Thorp Pellinen Olson, Inc., (HTPO, Inc.) who is representing Wal-Mart, is requesting a preliminary plat to create a new lot on the north side of the subject property which is located at 8450 University Avenue. A special use permit is also being sought to allow the relocation of the garden center from the east side of the building to the north side of the building. The size of the garden centerwill be reduced from 11,221 sq. ft. to 3,680 sq. ft. SITE DESCRITPTION & HISTORY The subject property is zoned C-2, General Business as are the properties to the north and south. Springbrook Apartments is located to the west and University Avenue is located to the east. The property is located south of 85th Avenue, along the University Avenue Service Road. The subject property was platted in 1992 and as a result the existing Wal-Mart was constructed. A special use permit was also issued in 1992, to allow the construction of a garden center. Special use permits were issued in 1994 and 1999 to allow an expansion of the garden center. ANALYSIS AND CODE REQUIREMENTS Plat Request, #10-01 HTPO, Inc. is seeking to replat the subject property to allow for the creation of a new lot along the north side of the property. The proposed replat will consist of two lots; Lot 1, Block 1 and Outlot A, Wal-Mart in Fridley 2nd Addition. Proposed Lot 1 will be 838,893 sq. ft. or 19.25 acres in size and Outlot A will be 59,276 sq. ft. or 1.36 in size. The C-2, General Business zoning district requires a minimum lot area of 20,000, which both lots will meet. City staff will stipulate that the Outlot A receive access from the existing Wal-Mart access point and will require that a shared parking easement be established between the two properties. Special Use Permit Request, #10-02 Garden Centers and nurseries are a permitted special use in a C-2, General Business zoning district, subject to stipulations. As stated above, the subject property currently has a special use permit for a garden center. Any modification to the garden center requires Planning Commission review and City Council approval. The petitioner is proposing to relocate the existing garden center from the east side of the building to the north side of the building. Along with the relocation, the garden center will be reduced from 11,221 sq. ft to 3,680 sq. ft. Relocating the garden center on the site is just a portion of the work proposed on the subject property. The entire store will be remodeled by adding two receiving dock doors on the south side of the building, relocating the entrance vestibule, branding the front elevation, adding a grocery component, and reconstructing areas of the site immediately adjacent to the building. A 456 sq. ft. addition will be constructed to the vestibule area that will bring the total square footage of the building to 121,191 sq. ft. The remodel will also allow Wal-Mart a chance to make some other improvements to the site. Those include reconstructing the front drive aisle access point with the University Avenue Service Drive entrance, adding a sidewalk along the west side of the University Avenue Service Drive to connect to the sidewalk at Bandfill Crossings, adding a crosswalk connection to the existing bituminous trails on the east side of the University Avenue Service Drive, removing excess parking on the north side of the property to create an outlot for future development, and installing new landscaped islands in the parking lot. City code requires the Wal-Mart building with the proposed 456 sq. ft. addition to have 553 parking stalls. The current site has 741 parking stalls. Wth the creation of the new outlot and the some new landscaped islands, the subject property will have 576 parking stalls which is still above what code would require. The proposed relocation of the garden center and building expansion meets lot coverage and setback requirements. The new garden center will be constructed using decorative block and wrought iron fence. The decorative block will be painted as will the rest of the building. SIDEWALK City code requires that a five (5) foot sidewalk easement be provided along all property lines when a commercial property is adjacent to a public right-of-way or across from residential. The Council may allow the petitioner to delay installation of the sidewalk if the petitioner signs an agreement that it will be constructed when the City requires the installation. As a result, staff has stipulated that a sidewalk be installed along the University Avenue Service Drive to 85tn Avenue, by September 2011. RECOMMENDATIONS City Staff recommends approval of the preliminary plat request, with stipulations. • Proposed lots meet minimum standards. City Staff recommends approval of this special use permit, with stipulations. ■ Garden Center or Nurseries are a permitted special use in the C-2, General Business zoning district, subject to stipulations. 2 STIPULATIONS Staff recommends that if the preliminary plat and special use permit are granted, the following stipulations be attached. 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1, 363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the University Avenue Service Drive to 85t`' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. � � � CfTY OF FRIaLE7 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 8, 2010 Date: March 1, 2010 To: Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution approving Special Use Permit Request, SP #10-02, HTPO, Inc. on behalf of Wal-Mart INTRODUCTION The petitioner, HTPO, Inc., on behalf of Wal-Mart is seeking a special use permit to allow the relocation of the garden center from the east side of the building to the north side of the building. The size of the garden center will be reduced from 11,221 sq. ft. to 3,680 sq. ft. Relocating the garden center on the site is just a portion of the work proposed on the subject property. The entire store will be remodeled by adding two receiving dock doors on the south side of the building, relocating the entrance vestibule, branding the front elevation, adding a grocery component, and reconstructing areas of the site immediately adjacent to the building. A 456 sq. ft. addition will be constructed to the vestibule area that will bring the total square footage of the building to 121,191 sq. ft. PLANNING COMMISSION RECOMMENDATION At the February 17, 2010, Planning Commission meeting, a public hearing was held for SP #10-02. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #10-02, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1, 363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the University Avenue Service Drive to 85t`' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. RESOLUTION NO. 2009 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 10-02 FOR WAL-MART, GENERALLY LOCATED AT 8450 UNIVERSITY AVENUE NE WHEREAS, Section 205.14.O1.C.13 of Fridley City Code allows garden centers or nurseries in an C-2, General Business zoning district by a special use permit if certain conditions can be met; and WHEREAS, on February 17, 2010, the Fridley Planning Commission held a public hearing to consider a request by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, for the property generally located at 8450 University Avenue NE in Fridley, legally described as Lot 1, Block 1, Wal-Mart in Fridley, for a Special Use Permit SP# 10-02 to allow for the relocation of the garden center; and WHEREAS, on March 8, 2010, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit SP# 10-02; and WHEREAS, the petitioner, was presented with Exhibit A, the stipulations for SP# 10-02, at the March 8, 2010 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 10-02 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gtn DAY OF MARCH, 2010. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 10-02 Special Use Permit for a Garden Center Relocation HTPO, Inc., on behalf of Wal-Mart, Generally located at 8450 University Avenue NE, Fridley, MN Stipulations 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,36335 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the University Avenue Service Drive to 85t'' Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 8, 2010 �ff1' 4F FRIDLE7` INFORMAL STATUS REPORTS