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04/12/2010 - 4872� � CITY COUNCIL MEETING OF APRIL 12, 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 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. LOCAL BOARD OF APPEAL AND EQUALIZATION MEETING — 7:00 P.M. CITY COUNCIL MEETING PROCLAMATION: Volunteer Week: April 18 — 24, 2010 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 29, 2010 OLD BUSINESS: 1. Second Reading of an Ordinance Amending Chapter 214 Signs Pertaining to Political Signs.................................................................................................. 1 - 2 FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 2. First Reading of an Ordinance Amending Fridley City Code, Chapter 4, Absentee BallotBoard ............................................................................................... 3 - 4 3. Resolution Approving a Plat, P.S. #09-04, Dahlke Industrial Park, by Greg Dahlke, for the Purpose of Creating Two Industrial Lots, Generally Located at 8170 Hickory Street N.E. (Ward 3) .................................................................................................. 5 - 8 4. Approve Joint Powers Agreement between the City of Fridley and County of Anoka for the Reconstruction of County Road 132 (85t" Avenue) and Resolution Requesting Municipal State Aid System Construction Funds for Reconstruction of 85tn Avenue (County Road 132) ........................................................................ 9- 17 5. Resolution Requesting No Parking Signs on 85t" Avenue (CR 132) from Evergreen Boulevard to University Avenue (TH47) ...................................................................... 18 - 20 6. Approve Change Order No. 5 for the 85t" Avenue Trail Project No. ST2007-4 ......................................................................... 21 - 22 7. Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: 2010 Water Main Rehabilitation Project No. 391 ........................................................... 23 - 36 FRIDLEY CITY COUNCIL MEETING OF APRIL 12, 2010 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Claims .................................................................................................. 37 9. Licenses .................................................................................................. 38 - 44 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. OLD BUSINESS: 10. Second Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the Fridley City Code, Defining Licensed Organizations .............................................. 45 - 47 NEW BUSINESS: 11. Approve 2010-2011 Liquor License Renewals ........................................... 48 - 50 12. Informal Status Reports ............................................................................. 51 ADJOURN. City of Fridley Notice of Board of Review Notice is hereby given, that the Board of Review of the City of Fridley, County of Anoka, Minnesota, will meet at the City Hall Council Chambers in said City at 7:00 p.m., on Monday, April 12, 2010, for the purpose of reviewing and correcting the assessment of said city for the year 2010. All persons considering themselves aggrieved by said assessment, or who wish to complain that the property of another is assessed too low, are hereby notified to appear at said meeting, and show cause of having such assessment corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Given under by hand this 26th day of March, 2010. Debra A. Skogen, City Clerk (Published in the Fridley SunFocus April 1 and 8, 2010) i' � ���� C������������ � Yolunte�er Werel�c April s8 - ZQ, Zoso WHEREAS, the entire community can inspire, equip and mobilize people to take actions that change the world; and WHEREAS, individuals and communities are at the center of change, discovering their power to make a difference; and WHEREAS, individuals who are interested in volunteering can connect with service opportunities through many different community service organizations and volunteer centers; and WHEREAS, anyone can be a volunteer and reap the rich rewards that come from doing for others while improving one's own skills and widening one's own horizons; and WHEREAS, our volunteers are a great treasure and are vital to our future; and WHEREAS, it is important to give special recognition to the dedicated volunteers and volunteer programs which contribute immeasurably to our community and to our nation; NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim the weekofAprill8-24, 2010, as Volunteer Week in the City of Fridley, in recognition and appreciation of the efforts of the many volunteers in our community. BE IT FUTHER RESOLVED, that I urge residents to consider volunteering their time and services to help others. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 12"' day ofApril, 2010. Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 29, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Fritz Knaak, City Attorney PRESENTATION: Sanitary Sewer Service APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 8, 2010 APPROVED. NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of March 17, 2010. RECEIVED. 2. First Reading of an Ordinance Amending Chapter 214, Signs, Pertaining to Political Signs. William Burns, City Manager, said recent state legislation allows political signs to be installed forty-six days prior to a primary or general election. In view of the state changes, staff is recommending that the City adopt the state's forty-six day sign placement standard. Staff is also recommending that the forty-six day sign placement standard be applied to special elections. Staff recommends Council's approval. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 2 WAIVED THE READING OF THE ORDINANCE AND APPROVED THE ORDINANCE ON FIRST READING. 3. Receive Bids and Award Contract for the 2010 Miscellaneous Concrete Repair Project No. 395. William Burns, City Manager, said the work includes remedial sidewalk repair, replacement of concrete street panels, repairs to concrete curbing, and replacement of concrete due to utility repairs or driveway reconstruction. The bids were opened on March 16 and the low bidder is Concrete Idea of St. Michael, Minnesota. The amount bid is $60,812.50, or 10% lower than the amount budgeted for 2010. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2010 MISCELLANEOUS CONCRETE REPAIR PROJECT NO. 395 TO CONCRETE IDEA IN THE AMOUNT OF $60,182.50. 4. Receive Bids and Award Contract for the 2010 Street Improvement Project ST. 2010-1. William Burns, City Manager, said the City opened bids from seven contractors on March 23, 2010. The low bidder for the project is Valley Paving, Inc. of Shakopee, Minnesota, in the amount of $768,794.74. This compares with the budgeted amount of $815,000. The funding for the proj ect includes the following: 1. Anoka County portion for Mississippi Street east of Highway 65 and Rice Creek Road for $261,500. 2. Special assessments to benefiting property owners on local streets for $410,000, or about 5-10% less than previously projected. 3. State MSAS Funds in the amount of $53,298.74. 4. Sanitary Sewer Fund for $11,500. 5. Water Fund for $10,500. 6. Storm Water Fund for $22,000. Dr. Burns said staff expects the work to begin by mid-June and to end by mid-August. More details on the proj ect are included in the April edition of the Fridley Community Report. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2010 STREET IMPROVEMENT PROJECT ST. 2010-1 TO VALLEY PAVING, INC., IN THE AMOUNT OF $768,794.74. 5. Receive Bids and Award Contract for the 2010 Cooperative Street Maintenance Contract, Project No. ST 2010-10. William Burns, City Manager, said each year, Fridley jointly bids seal coating, street sweeping and traffic striping work through a cooperative bidding process with seven other Anoka County cities. Due to budget constraints, Fridley's portion of this year's cooperative bidding eliminated seal coating, but included street sweeping and traffic striping. The low bid for Fridley's portion FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 3 of the street sweeping work was provided by Pearson Brothers in the amount of $11,840. The low bid for Fridley's portion of the traffic striping was provided by Traffic Marking Service, Inc., in the amount of $4,046. Staff recommends Council's approval of both bids. RECEIVED BIDS AND AWARDED CONTRACT FOR THE 2010 COOPERATIVE STREET MAINTENANCE CONTRACT PROJECT NO. 2010-10 TO PEARSON BROTHERS IN THE AMOUNT OF $11,840 FOR STREET SWEEPING WORK AND TO TRAFFIC MARKING SERVICE, INC., IN THE AMOUNT OF $4,046 FOR PAINTED TRAFFIC MARKINGS. 6. Approve 2010 Reappointments to City Commissions. William Burns, City Manager, said the commission members up for reappointment have indicated that they would like to be reappointed for another term. Staff recommends Council's approval. APPROVED 2010 REAPPOINTMENTS TO CITY COMMISSIONS. 7. Claims (145402-145625). APPROVED. 8. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Consent Agenda as presented. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to Adopt the Agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): Rod Hogetvedt, 201 Sylvan Lane NE, thanked Council for their support for getting the light rail stop in Fridley and said it would be a big boost for the City. He said he noticed that the curb FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 4 and gutters were being swept and noticed all the trash in the median and shoulders. He asked if the county or state would be picking up the trash or if a volunteer clean-up day could be organized. He asked if this could be addressed sometime in the near future. Mayor Lund said there have been recent issues regarding trash in that corridor. There is an Adopt-A-Highway program and an organization will clean it in the spring and the fall. Trash accumulates in between those times and it will get a little worse because the City is no longer mowing or maintaining that corridor. It is the State of Minnesota's responsibility to maintain that area. Mayor Lund said they also receive complaints about trash around the bus stop area. Trash cans that are in bus stop areas are usually put there by volunteers and they maintain the garbage cans. William Burns, City Manager, said volunteers could coordinate a clean-up day for that corridor. Councilmember Bolkcom said the bike paths are junky too so maybe an event could be coordinated like a City Pride event. Joe Brothers, 1021 Hackmann Circle NE, said at the intersection by his home, there is a short sidewalk with no handicap ramp to cross the street and it leads to a walking path. It is by the Holiday Station store. He asked if something could be done to put in a ramp as a lot of people use that area because of the walking path. He also asked if the City had thought about community garden plots. Councilmember Bolkcom said garden plots are available through the Parks and Recreation Department, but the lots go quick. Mayor Lund said the community gardens are located by the Public Works garage for a small fee and there is water available on site. Jim Kosluchar, Public Works Director, said due to the high demand last year, the garden area was expanded a little. Jim Kosluchar said Anoka County discovered some voids underneath the pavement on Mississippi Street between University Avenue and East River Road. They determined the voids were significant enough to create a safety problem so the road was closed. Some analysis was done and contractors will stabilize the road. Repair will not be completed but this will take care of the road closure for now. The road should open on Wednesday or Thursday of this week. NEW BUSINESS: 9. Consideration of a General Plan for Development Agreement between the City of Fridley and T-L Fridley, LLC, for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 — 57th Avenue N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 5 Scott Hickok, Community Development Director, said at the February 8, City Council meeting, a public hearing was held for ZOA #10-01, to rezone the property at 250 57th Avenue from C-3, General Shopping, to PUD, Planned Unit Development. The first reading of the ordinance was held on February 22, 2010. Mr. Hickok said there will be two separate action items for this project. The first is the approval of the development agreement with attachments and the second is the approval of the second reading of the ordinance to rezone the property at 250 57th Avenue from C-3, General Shopping, to PUD, Planned Unit Development. Mr. Hickok said since the City Council last saw this item, one modification has been made to Stipulation #2. Stipulation #2 required that there not be a gap of more than 36-months between construction phases. After much more analysis and debate, staff conceded this is not only a market-driven timeline where the developer has limited control, but there are also assurances that the developer has had to make with Cub Foods that other development will follow in a timely manner and no future phase will be left unattractive so as to be a hindrance to Cub, other tenants, or the City's quality environment. Mr. Hickok said the developer has indicated that banks will be very reluctant to finance the deal, with uncertainty of future zoning, based on this stipulation as it was worded. As a result, Stipulation #2 now simply reflects the language in the City's PUD ordinance and requires the first phase to begin within 36 months. All the attachments to the development agreement have been modified to reflect staff's recommended changes and are ready for the City Council to approve as a final package. City Staff recommends approval of the General Plan for Development. Mr. Hickok said City Staff also recommends Council hold the second and final reading of the ordinance approving the Rezoning Request, ZOA #10-01, subject to 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 February 5, 2010 and the Architectural Design and Signage Guidelines dated March 23, 2010. 2. The General Plan for Development Agreement shall include a three-year time deadline from district approval for commencement of construction as provided in Code Section 205.21 3 G(2). 3. The property shall be developed in accordance with the site plan SP-1 dated February 3, 2010, which will incorporate the stipulations included herein and approved by staff. 4. The building elevations and signage shall be constructed in accordance with architectural plans A1-A8, dated February 5, 2010. 5. Phasing Plan shall be modified to show demolition of the entire 50 ft. on the front of the building to be completed, within one year of the opening of the Cub Foods store and the plan shall also be redone to show modification of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 6 7. The proposed proj ect and phasing shall meet all Building code, Fire code, and ADA requirements. 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant for building permit, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and fixtures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock- wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57th Avenue. 14. All lighting shall be no more than 3 ft. candles at the property line. 15. Site Plan must be redrawn to relocate the outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sales area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the loss of parking or snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale area's use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sales areas. 20. No fertilizer shall be stored outside. 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Specific areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a specific stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 7 27. Applicant will have to provide a specific temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a specific utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require external grease traps approved by Engineering on respective sanitary sewer discharge lines. 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail B. Upon completion the petitioner shall provide revised traffic data to the City, County, and MnDOT for approvals. Councilmember Bolkcom asked about the second stipulation where it states the developer has 36 months to start development. She asked what reassurance there is that this will happen. She also asked Mr. Hickok to refresh the details of the first phase. Mr. Hickok said that the first phase represents $13-20M of investment. The developers noted banks more comfortable developing in phases. The first phase would be to move the liquor store out and build a new liquor store on the east end, and the new Cub Foods would be located behind that. There are no guaranteed timelines but the developers have assured the City that the economics of this make it necessary to keep moving on. The major anchor would be built and the developers do not want to move forward and have unsightly land around the new store. The developer will have 36 months to get the project started and have the backing on the ordinance to impose it to get done. Councilmember Bolkcom said Cub Foods is not the issue. It's the retail A and B sites. There is nothing in place to push the developer to do that other than it is better for everyone's profit to get the proj ect completed. Mr. Hickok said there is no promise when it will happen but the developer will make sure the site stays clean and neat as they want to sell the other piece of property. The bank will not be comfortable with tight time lines and uncertain zoning in the future. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 8 Mayor Lund said he had some of the same concerns. Councilmember Bolkcom said she did not disagree it won't happen, but Council is approving a development plan and they have given up some things. It is not a financial investment but investment as a community and there is no guarantee that the other pieces will happen. Mayor Lund asked if there will be any stipulations for the next phase. Mr. Hickok said he has no information of time limitations but the construction should not stop. It will be difficult to get a bank to finance a development because the financing mechanism has a lot of funds being put up front and betting on future development. If there is not a willingness to take this step, it is likely we will not see this project happen and could lose Cub Foods in that location. Staff is most comfortable with 36 months between phases but the bank does not work that way. Hugh Robinson, Tri-Land Developer, said that if the rezoning is approved, it gives the City assurance the property will be developed for that plan. If the developer wants to change the plan, they will have to get another approval from Council. If Cub were to proceed with Phase 1 and a three-year period of inactivity happens, Council could revoke the PUD. The lender is financing Cub and the opportunity to create the redevelopment including the back out lots. Their financing will be based on the zoning that is in place today. MOTION by Councilmember Bolkcom to approve the General Plan for Development Agreement between the City of Fridley and T-L Fridley LLC for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 — 57th Avenue N.E. with the following thirty-two stipulations: 1. The property shall be developed in accordance to the General Plan for Development Agreement, which will include the architectural plans dated February 5, 2010 and the Architectural Design and Signage Guidelines dated March 23, 2010. 2. The General Plan for Development Agreement shall include a three-year time deadline from district approval for commencement of construction as provided in Code Section 205.21 3 G(2). 3. The property shall be developed in accordance with the site plan SP-1 dated February 3, 2010, which will incorporate the stipulations included herein and approved by staff. 4. The building elevations and signage shall be constructed in accordance with architectural plans A1-A8, dated February 5, 2010. 5. Phasing Plan shall be modified to show demolition of the entire 50 ft. on the front of the building to be completed, within one year of the opening of the Cub Foods store and the plan shall also be redone to show modification of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. 7. The proposed proj ect and phasing shall meet all Building code, Fire code, and ADA requirements. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 9 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant for building permit, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and fixtures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock- wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57th Avenue. 14. All lighting shall be no more than 3 ft. candles at the property line. 15. Site Plan must be redrawn to relocate the outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sales area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the loss of parking or snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale area's use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sales areas. 20. No fertilizer shall be stored outside. 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Specific areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a specific stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 27. Applicant will have to provide a specific temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 10 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a specific utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require external grease traps approved by Engineering on respective sanitary sewer discharge lines. 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail B. Upon completion the petitioner shall provide revised traffic data to the City, County, and MnDOT for approvals. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY OLD BUSINESS: 10. 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 Planned Unit Development Zoning, for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 — 57t'' Avenue N.E.) (Ward 3) (Tabled March 8, 2010) MOTION by Councilmember Bolkcom to remove this item from the table. 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 and approve Ordinance No. 1266 on second reading. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 11 NEW BUSINESS: 11. First Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the Fridley City Code, Defining Licensed Organizations. Richard Pribyl, Finance Director, said this is the first reading of the ordinance amending the City Code, Chapter 30, Lawful Gambling. Concerns have been raised by Fridley organizations wishing to conduct lawful gambling as they cannot find an establishment to conduct gambling in the City. Neighboring cities have restricted lawful gambling to their own local organizations. Mr. Pribyl said a survey was completed that indicated 7 out of 8 cities have local restrictions. Staff has prepared an ordinance to amend the City Code. This change creates a more restrictive requirement only allowing local organizations to conduct lawful gambling in the City. It creates a definition of what a licensed organization is; and what requirements it must meet. It also modifies the requirement regarding lawful expenditures and changes the percentage to 75% rather than 50% of net funds expended in the trade area for lawful purposes within the trade area. Mr. Pribyl said the substantive changes state that 1/3 of an organization's members must reside in Fridley, the applicant must file a list of names and addresses of current members with each new application for a premise permit and annually thereafter with the City Clerk, or the organization must have had a principal business or operations located in the City for a continuous period of at least one year preceding the permit request. It must also maintain such a location to conduct business as long as the organization operates lawful gambling activities in the City. Mr. Pribyl said that organizations currently conducting lawful gambling within the City of Fridley, not meeting these requirements can continue until April 30, 2012, or until their lease for lawful gambling expires, whichever occurs first. Licensed organizations shall expend 75% of its expenditures within the trade area. Staff recommends holding the first reading of this ordinance. Tom Myhra, 6360 Able Street NE, asked if Coon Rapids could no longer operate in their city if they could come to Fridley. Mayor Lund answered no. There would be an ordinance change stating that an outside organization could not get a license in the City of Fridley. Coon Rapids city ordinance would also not allow a Fridley organization to go there. Mr. Myhra said that his organization does not get any government help and operated purely from donations. Businesses go through money and need money to operate from day to day with a goal to provide more stable funds. The project is too big for their group and they have to do something or they will cease to exist. Mayor Lund hoped his organization could work out a deal and look at applying for a license in the future. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 12 Terry Rath, Fridley `49er Days Committee Member, said his organization tries to get donations from organizations to keep the organization going but raising money is tough. With this ordinance they could start their own gaming organization to raise more money for future years. Mayor Lund agreed that this may be an avenue to look at for more stable funding rather than relying on outside organizations. Councilmember Varichak asked if this change is compatible with other cities. Mr. Pribyl answered yes. Their survey indicated that more cities had a restriction and Fridley was unusual in not having a restriction. Councilmember Bolkcom asked if organizations in Fridley were notified of this change. Mr. Pribyl answered no; but said a letter would be sent out before the second reading. Councilmember Bolkcom asked if this item should be tabled so organizations are aware of the reading. Mayor Lund said he was comfortable taking a vote on the first reading and allowing organizations to voice vote their concerns at the second reading. Mr. Pribyl said the second reading could be tabled if necessary. Fritz Knaak, City Attorney, said the second reading would require unanimous approval as opposed to maj ority. MOTION by Councilmember Barnette to waive the reading of the ordinance and adopt the ordinance on first reading. Seconded by Councilmember Varichak. Jerry LaFeber, Knights of Columbus, asked if organizations would be restricted from going to two places. Mayor Lund said there would be no limitations. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 12. Special Use Permit Request, SP #10-03, by Blue Water Properties, to Allow Limited Outdoor Storage on the Property, Generally Located at 7685 Main Street N.E.; and Resolution Approving Special Use Permit, SP #10-03, for Blue Water Properties, 7685 Main Street N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 13 Scott Hickok, Community Development Director, said petitioner is seeking a special use permit to allow the continuation of two repair garage type uses within the existing building at 7685 Main Street. In connection with the repair businesses, the petitioner is also seeking a special use permit to allow limited outdoor storage on the southeast side of the building. Mr. Hickok said the City Code allows repair garages as a permitted special use in the M-1, Light Industrial Zoning District. Ron's Automotive has been renting space inside the building for approximately 3 years and Car Creations has been renting space inside the building for around 15 years. Ron's Automotive occupies 3,750 square feet within the building and does general automotive repair. Body work is not provided as part of his business. Mr. Hickok said Car Creations occupies 2,400 square feet of space within the building and is a general metal fabricating shop specializing in repairing vintage car parts. Since these types of businesses have been in existence on this property for several years with very little complaints, staff feels that all impacts of the businesses can be mitigated through stipulations. Mr. Hickok said it is important to note, that although staff has not directly received many complaints regarding this property, it will be stipulated that vehicles being stored in the outdoor storage area will need to be licensed and not junk vehicles. Staff will also stipulate that the outside area be screened not only from the public right-of-way; 77th Avenue, but between the subj ect property and Dairy Queen to the south. Mr. Hickok said the City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The building is 17,399 square feet, so City Code would allow up to 8,699 square feet of outdoor storage on this site. The petitioner is proposing to temporarily store work-in-process repair vehicles waiting for parts or pick up and construction tools or materials within the proposed outdoor storage area. The outdoor storage area is along the southeast side of the building and is 1,800 square feet in size, which is approximately six parking stalls. Mr. Hickok said on March 17, 2010, the Planning Commission held a public hearing for this special use permit. The Planning Commission recommended approval with one minor modification to Stipulation #5. Instead of requiring vehicles stored outside to be licensed and roadworthy, the Planning Commission changed "roadworthy" to "under repair." Staff is comfortable with the modification. Mr. Hickok said staff recommends approval of the special use permit and the resolution with the following seven stipulations: 1. No outdoor storage other than the proposed area shall exist on the site without an additional special use permit being approved. 2. Outdoor storage area shall be screened from the public right-of-way and the C-2 zoned property to the south by August 1, 2010. 3. Newly installed dumpster enclosure shall have door constructed on it to screen from view of the public right-of-way by April 14, 2010. 4. Site shall not be used to display cars for sale or storage of vehicles for rent. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 14 5. Vehicles on site and within the storage area shall be currently licensed and roadworthy. 6. No auto parts shall be stored within the outdoor storage area. 7. Any auto related business on the subject property shall obtain any applicable City and County licenses annually. Councilmember Bolkcom asked if the dumpster issue has been resolved. Mr. Hickok answered yes. Councilmember Bolkcom asked in stipulation number five regarding licensed vehicles or those under repair if "and/or" should be changed to "and". Mr. Hickok said that this is a specialty shop so there may be a car not licensed and not working on site. Councilmember Bolkcom asked how staff would police those situations. Mr. Hickok said it will put more pressure on staff. Mayor Lund asked for clarification that they are limited for outdoor storage and any other vehicles would have to be licensed if they are in the parking lot. Mr. Hickok said that is correct. Brian and Mark Anderson, Car Creations, said that cars would not be stored outside in the parking lot because they are valuable. MOTION by Councilmember Bolkcom to approve the Special Use Permit Request, SP #10-03, by Blue Water Properties, with the following seven stipulations: 1. No outdoor storage other than the proposed area shall exist on the site without an additional special use permit being approved. 2. Outdoor storage area shall be screened from the public right-of-way and the C-2 zoned property to the south by August 1, 2010. 3. Newly installed dumpster enclosure shall have door constructed on it to screen from view of the public right-of-way by April 14, 2010. 4. Site shall not be used to display cars for sale or storage of vehicles for rent. 5. Vehicles on site and within the storage area shall be currently licensed and roadworthy. 6. No auto parts shall be stored within the outdoor storage area. 7. Any auto related business on the subject property shall obtain any applicable City and County licenses annually. and Adopt Resolution No. 2010-20. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 15 Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Special Use Permit Request, SP #10-04, by Collins Electrical Systems on Behalf of Holiday Station Stores, to Allow an Electronic Message Sign on the Existing Free- Standing Sign at the Holiday Gas Station, Generally Located at 200 — 57t'' Avenue N.E.; and Resolution Approving Special Use Permit, SP #10-04, for Collins Electrical Systems on Behalf of Holiday Station Stores, the Property Owner of 200 — 57t'' Avenue N.E. (Ward 3). Scott Hickok, Community Development Director, said the petitioner who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board sign to replace the manual reader board on the existing pylon sign at the Holiday Gas Station which is located at 200 - 57th Avenue. Mr. Hickok said in 2005, the property received special use permit approval to allow an LED gas pricing sign. At this time, the petitioner is seeking to change the existing 29 square foot manual reader board sign with a 31.25 square foot electronic reader board sign. The total square footage of the pylon sign after the modification will be 79.52 square feet. Mr. Hickok said electronic changeable signs are an approved special use in any zoning district, except residential, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district in which the property is located. The subject property is zoned C-3, General Shopping, which requires that free standing signage can not exceed 80 square feet in size. The existing sign meets that size requirement as will the modification of the sign. Mr. Hickok said the Planning Commission held a public hearing for Special Use Permit Request, SP #10-04, on March 17, 2010. They unanimously recommended approval of the request. Staff recommends concurrence with the Planning Commission and approval of the accompanying resolution. Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 16 MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #10-04, by Collins Electrical Systems on Behalf of Holiday Station Stores, with the following stipulations: 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. and Adopt Resolution No. 2010-21. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Special Use Permit Request, SP #10-05, by Crysteel Truck equipment to Allow Limited Outdoor Storage on the Property, Generally Located at 1130 — 73rd Avenue N.E.; and Resolution Approving Special Use Permit, SP #10-05, for Crysteel Truck Equipment, 1130 — 73rd Avenue N.E. (Ward 2). Scott Hickok, Community Development Director, said petitioner is seeking a special use permit to allow limited outdoor storage of snow plows, dump bodies, hoists, sanders, wings, and cranes, which are products used for Crysteel's business, in the side and rear yard of the property, which is located at 1130 - 73rd Avenue. Mr. Hickok said the property was developed in 1988, with the construction of the existing building. A variance was granted in 1988 to reduce the side yard setback from 35 ft. to 20 ft. to allow the construction of the existing building. A special use permit was also issued in 1988 to allow outdoor storage in the southeast corner of the lot. The outdoor storage area originally approved was 6,612 square feet in size. Over the years, the outdoor storage needs have changed for the petitioner's business and as a result, this special use permit is being applied for. Mr. Hickok said the City Code allows limited outdoor storage in the industrial districts up to 50% of the building footprint with a special use permit. The building's square footage is 11,200 square feet, so City Code would allow up to 5,600 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located on the south side of the building and will run along the perimeter of the building and fence line. It is 2,208 square feet in size. The second area is along the east property line and will FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 17 also run along the fence line and is 1,944 in size. Both areas combined are 4,152 square feet which is below what code would allow. Mr. Hickok said the petitioner is also seeking a special use permit to allow for outdoor storage space on their neighbor's property at 1131 - 72"d Avenue. That site will be analyzed in a separate presentation. The proposed site plan meets all other outdoor storage code requirements. The Planning Commission held a public hearing for Special Use Permit Request, SP #10-05, on March 17, 2010. The Commission unanimously recommended approval of the request. City Staff recommends concurrence with the Planning Commission and approval of the accompanying resolution. Mr. Hickok said that Staff recommends that if the special use permit is granted, the following stipulations be attached: 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing screening fence shall be repainted by August 1, 2010. 3. New trees shall be planted along the western property line by October 31, 2010. Plan shall be reviewed by City staff prior to installation. 4. Screening gate on the east side of the building shall remain closed to allow proper screening when not in use or if necessary a new electronic screening gate shall be installed to allow proper screening. 5. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 6. Outdoor storage related to this business at 1150 73 '/z Avenue shall be removed or a special use permit shall be obtained by December 31, 2010. 7. A written agreement shall be certified and filed with Anoka County regarding the storage area encroachment on the south side of the property. 8. A cross access agreement shall be certified and filed with Anoka County between the subj ect property and Hydraulic Specialty Co. 9. No display (for sale or otherwise) of trucks or equipment will be permitted outside the storage yard, on or off site. Councilmember Varichak asked if this was part of the summer intern finding inconsistencies in the City Code last summer. Mr. Hickok said that this goes back farther than last summer. The company tried to find storage solutions and has come to the conclusion that this is the way it needs to work. Councilmember Varichak asked if the petitioner had any problems with the stipulations. Jim Wyatt, Crysteel Truck Equipment, said no, he is fine with the stipulations. MOTION by Councilmember Varichak to approve Special Use Permit Request, SP #10-05, by Crysteel Truck Equipment, with the following stipulations: FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 18 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing screening fence shall be repainted by August 1, 2010. 3. New trees shall be planted along the western property line by October 31, 2010. Plan shall be reviewed by City staff prior to installation. 4. Screening gate on the east side of the building shall remain closed to allow proper screening when not in use or if necessary a new electronic screening gate shall be installed to allow proper screening. 5. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 6. Outdoor storage related to this business at 1150 73 '/z Avenue shall be removed or a special use permit shall be obtained by December 31, 2010. 7. A written agreement shall be certified and filed with Anoka County regarding the storage area encroachment on the south side of the property. 8. A cross access agreement shall be certified and filed with Anoka County between the subj ect property and Hydraulic Specialty Co. 9. No display (for sale or otherwise) of trucks or equipment will be permitted outside the storage yard, on or off site. and Adopt Resolution No. 2010-22. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 15. Special Use Permit Request, SP #10-06, by Crysteel Truck Equipment on Behalf of Hydraulic Specialty Co., to Allow Limited Outdoor Storage on the Property, Generally Located at 1131 — 72"d Avenue N.E.; and Resolution Approving Special Use Permit, SP #10-06, for Hydraulic Specialty Co., 1131— 72"d Avenue N.E. (Ward 2). Scott Hickok, Community Development Director, said the petitioner, Crysteel Truck Equipment, is seeking a special use permit to allow limited outdoor storage of snow plows, dump bodies, hoists, sanders, wings, and cranes, on the pro�erty owned by Hydraulic Specialty Inc., which is located just south of Crysteel at 1131 - 72" Avenue. Crysteel Truck Equipment has been leasing space from Hydraulic Specialty for several years both inside and outside of the building. Hydraulic Specialty has signed off on the special use permit application submitted and understands Crysteel is applying for a special use permit for outdoor storage on their site. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 19 Mr. Hickok said the City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The building is 29,415 square feet, so City Code would allow up to 14,717 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas, on either side of the drive aisle through the site. Mr. Hickok said the first area is located on the east side of the building and is 4,000 square feet in size. The second area is also on the east side of the building, but along the fence line and is 1,600 square feet in size. Both areas combined are 5,600 square feet which is below what code would allow for outdoor storage space on this site. Mr. Hickok said the Planning Commission held a public hearing for Special Use Permit Request, SP #10-06, on March 17, 2010. They unanimously recommended approval. Staff recommends concurrence with the Planning Commission and approval of the accompanying resolution. If the special use permit is granted, staff recommends that the following stipulations be attached: 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing fence shall have screening slats installed to allow proper screening of the outdoor storage area by August 1, 2010. 3. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south property line to further screen the outdoor storage area. Councilmember Varichak asked if the petitioner was in agreement with the four stipulations. Jim Wyatt, Crysteel Truck Equipment, answered yes. Councilmember Bolkcom asked if this business moved away if the special use permit would still be valid. Mr. Hickok answered yes, the special use permit stays with the land. MOTION by Councilmember Varichak to approve Special Use Permit Request, SP #10-06, by Crysteel Truck Equipment on Behalf of Hydraulic Specialty Co., with the following stipulations: 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing fence shall have screening slats installed to allow proper screening of the outdoor storage area by August 1, 2010. 3. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south property line to further screen the outdoor storage area. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 20 and Adopt Resolution No. 2010-23. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. Informational Status Report. Mayor Lund said the Fridley Historical Society will be hosting a lasagna dinner on Saturday, April 24. The doors open at 4:30 with dinner served at 5:00 p.m. The event is at the American Legion Post 303 on Old Central Avenue and the cost is $12 per ticket. Contact the Fridley Historical Society for more information. Tickets do need to be purchased in advance. Councilmember Bolkcom said there will be a paper shredding event on Saturday. The recycling drop-off day will be held on Saturday, April 10. Fees will be charged this year. Scott Hickok, Community Development Director, said to look at the list on the City's website for details. Councilmember Saefke asked if residents brought more than one item if they had to pay at each location or just write one check. He also asked what form of payment will be accepted. Mr. Hickok said that payments can be made in cash or check made out to the City of Fridley and that there will be one payment location. Councilmember Bolkcom said Spring Fling will be held on Saturday April 2 at the Nature Center. The cost is $5 per person and children under three get in free. Councilmember Varichak reminded residents to fill out their 2010 Census and mail it in. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:50 P.M. Respectfully Submitted, Krista Monsrud Scott J. Lund Recording Secretary Mayor � � �ff1' 4F FRIDLE7` To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF April 12, 2010 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 30, 2010 Second Reading of an Ordinance Amending Fridley City Code Chapter 214 Signs Pertaining to Political Signs The Minnesota State Legislature recently adopted legislation that has been signed into law by the Governor becoming effective immediately. Part of the new legislation requires moving the State primary election from September to August. The legislation also changes state statute allowing the placement of political signs 46 days before the state primary in a state general election year until ten days following the state general election. Staff reviewed the language and proposes to make the city code mirror the state statute by allowing the placement of political signs 46 days before a regular election and adding special election to allow the place of political signs for a special election. The City Council held the first reading of this ordinance on March 29, 2010. Staff recommends holding the second reading of an Ordinance Amending Chapter 214 Signs Pertaining to Political Signs. ORDINANCE NO. _ AN ORDINANCE AMENDING CHAPTER 214 SIGNS PERTAINING TO POLITICAL SIGNS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: 214.02 214.06 CHAPTER 214. SIGNS DEFINITIONS 25. Political Sign. A temporary sign advertising election issues or the candidacy of a person running for public office. TEMPORARY SIGNS ALLOWED IN ALL DISTRICTS WITHOUT A SIGN PERMIT 3. Political Signs. A. A maximum size of thirty-two (32) square feet in area. B. To not be placed until �t�� �� °��'� ��'°r�'�r ��°�r 46 davs before a special or re�ular election. C. To be removed within ten (10) days following election. D. All political signs must be placed a minimum of ten (10) feet from a street curb and ten (10) feet from any driveway. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12tn DAY OF APRIL 2010. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading. March 29, 2010 Second Reading: April 12, 2010 Publication: Apri122, 2010 � � �ff1' 4F FRIDLE7` To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF April 12, 2010 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra Skogen, City Clerk April 1, 2010 The First Reading of an Ordinance Amending Fridley City Code Chapter 4. Absentee Ballot Board The Minnesota State Legislature recently adopted legislation that has been signed into law by the Governor becoming effective immediately. Part of the new legislation requires that Absentee Ballot Boards be established and provides the duties of the Board pertaining to the processing of absentee ballots. The City of Fridley adopted language in 2006 appointing an Absentee Ballot Board to work in conjunction with Anoka County. Staff has reviewed the language and proposes to amend the city code to have it refer to the state statutes for the duties and appointment of the Board. Staff recommends holding the first reading of an Ordinance Amending Fridley City Code Chapter 4. Absentee Ballot Board. ORDINANCE NO. AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 4. ABSENTEE BALLOT BOARD The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 4. ABSENTEE BALLOT BOARD 4.02. DUTIES The Absentee Ballot Precinct Board shall: 1. Perform the duties of an Absentee Ballot Board required bv Minnesota Statute 203B.121. 2. May work in conjunction with the County during any state primary or general election to provide election judges to the County who mav assist �T��" ����'�+�+� the absentee ballot board to process the City's absentee ballots. . , . . � .,�.�o„�oo �..,ii„� .,,,,a ,-o�,,..,, o .oi„ro ; ri.,,.o „���,o � ,,;io,a �..,ii„� ���o��oo ��ii�� r o 4.03. MEMBERS The Absentee Ballot Board shall consist of a sufficient number of election jud�es a�pointed as provided in Minnesota Statute 204B.19 to 204B.22. � � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF 2010. Scott J. Lund, Mayor Attest: Debra A. Skogen, City Clerk First Reading: Second Reading: Publicarion: � � CfTY OF FRIaLE7 Date To AGENDA ITEM CITY COUNCIL MEETING OF APRIL 12, 2010 April 6, 2010 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Final Plat, PS #09-04, Dahlke Trailer Sales INTRODUCTION On October 21, 2009, the Planning Commission considered plat request PS #09-04, by Dahlke Trailer Sales. Mr. Dahlke is seeking to plat that property located at 8170 Hickory Street, to allow for the creation of two Heavy Industrial lots. City Staff and the Planning Commission recommend approval of plat request, PS #09-04, with 8 stipulations. At the November 9, 2009, City Council meeting, the preliminary plat was approved, with 8 stipulations. The petitioner had complied with stipulation #1 prior to the October 21, 2009 Planning Commission meeting, and they are currently in the process of drawing up the documents needed for the cross pond easement and the storm pond maintenance agreement. RECOMMENDATION City Staff and the Planning Commission recommend approval of the resolution for final plat PS #09-04. STIPULATIONS 1. The petitioner shall move any part of the existing driveway on Lot 2, to ensure that its 5 feet from the newly created property line within 60 days of preliminary plat approval. 2. Surface, curb and gutter will need to be replaced on Lot 2 upon issuance of a building permit. 3. The petitioner shall pay $12, 536.00 park dedication fee upon issuance of a building permit for Lot 2. 4. The property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. 5. The petitioner shall properly maintain Lot #2 until sale occurs. 6. The petitioner shall provide easements as shown on preliminary plat drawing. 7. An easement for the pond that crosses lot lines shall be established and filed and a storm pond maintenance agreement shall be filed with the City. 8. There shall be no outdoor storage on Lot 2 until iYs developed with a principal structure. RESOLUTION NO. RESOLUTION APPROVING A PLAT, P.S. #09-04, DAHLKE INDUSTRIAL PARK, BY GREG DAHLKE, FOR THE PURPOSE OF CREATING TWO INDUSTRIAL LOTS, GENERALLY LOCATED AT 8170 HICKORY STREET NE. WHEREAS, the Planning Commission held a public hearing on October 21, 2009, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for DAHLKE INDUSTRIAL PARK at their November 9, 2009, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat DAHI,KE INDUSTRIAL PARK has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for DAHI,KE INDUSTRIAL and directs the petitioner to record the plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF APRIL 2010. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK Page 2— Resolution -2010 — DAHI,KE INDUSTRIAL PARK EXHIBIT A STIPULATIONS 1. The petitioner shall move any part of the existing driveway on Lot 2, to ensure that it's 5 feet from the newly created property line within 60 days of preliminary plat approval. 2. Surface, curb and gutter will need to be replaced on Lot 2 upon issuance of a building permit. 3. The petitioner shall pay $12,536.00 park dedication fee upon issuance of a building permit for Lot 2. 4. 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I }�g I ��' � T � ` �' � � � � � r�� �'��'KiiRY ::rp•:c:- • $ 8 .::.. .....:_..: hi.i:. �'� � �»iy ���p � ":;i� �-- --------------------------------- p i � IgC � �!� � `��SN � � r s..ww� a.n. a " �..� :, :: : :':.: .� � � u: w.u�wi a.nr a s.eua a. � - v � m� rw. w. pr t� v�',i1a I l I . � � . //� uw w. w w x.ww� a.�. w � �wuw� rm� N tww. 1� � i ' I _ _ _ _ _ _ - _ _ _ _ � _ 1 NsIW J. 1T. ]0. �n a� - _ - _ � _ Tw�=�M N � I I H 60)~ iw Yww�t�y)�� �� � � � � � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF APRIL 12, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director April 12, 2010 PW10-025 Approve Joint Powers Agreement with Anoka County for Reconstruction of 85th Avenue (County Road 132) In June of last year, the City Council approved a Memorandum of Understanding (MOU) with Anoka County accelerated for Reconstruction of 85th Avenue (County Road 132). The MOU assigned responsibilities for the reconstruction of 85th Avenue (County Road 132) and set the overall agreements in principal with the objective of 1) continuing preparations for the project, and 2) establishing guidelines for a cost participation agreement. Anoka County has completed plans for the reconstruction of 85th Avenue (County Road 132), and has scheduled this project for 2010 construction. The project is proposed to remove the existing aged traffic signal system and replace it with a new signal system. Reconstruction work on County Road 132 will include construction of raised median channelization and of separate left turn and right turn lanes for each approach to Springbrook Drive (University West Service Drive). Work on County Road 132 is currently planned to extend approximately 1500 feet west of Springbrook Drive and approximately 600 feet east of Springbrook Drive, tying into the signalized intersection area at University Avenue (Trunk Highway 47). Upon completion of all reconstruction work, both eastbound and westbound County Road 132 will have raised medians and dedicated left turn and right turn lanes approaching Springbrook Drive, in addition to two separate through lanes. Work on Springbrook Drive includes the removal of the south median to allow for left turn lanes to line up properly through the intersection area, restriping of each approach to County Road 132, and approach resurfacing matching grades of the revised intersection. The existing permanent signal system is being proposed by Anoka County to be fully replaced to bring this signal system up to current design standards. The original signal system was installed more than 15 years ago and is in need of significant upgrades. Roadway modifications throughout the intersection area will also require significant modifications to the existing signal system. The project also contains some drainage upgrades and rerouting associated with the project, most significantly addition of a stormwater detention pond. The cities of Blaine and Coon Rapids are party to separate agreements with Anoka County to participate in this project as well. The project cost estimate is just over $1.657 million including project engineering. Of this, $963,000 is federally funded. The City of Fridley cost share for the entire project is $128,888, of which $78,300 will be paid with federal funds. The City has budgeted $75,000 for the project in its 2010 CIP, to be funded by its MSA account. The total estimated cost to the City of Fridley for the project is summarized below: 2 0 Construction or Adjustment of Local Utilities Storm Sewer Concrete Curb & Gutter Landscape Trail 6 Street Lights 7 Mobilization, Traffic Control 8 Traffic Signal Total Estimated Share of Construction Cost to the City Estimated Federal Funds Available To The City Total Cost Less Federal Funds $0.00 $0.00 $3,937.50 $0.00 $0.00 $0.00 $12,388.06 $112,562.50 $128,888.06 $78,300.00 $50,588.06 Staff recommends the City Council 1) approve execution of the attached Joint Powers Agreement with Anoka County for the Reconstruction of 85th Avenue (County Road 132), and 2) approve the attached resolution allowing the use of 2010 MSAS funds to fund the City's cost share amount. JPK:jpk Attachments Anoka County Contract No. 2010-0000 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY ROAD 132 (85TH AVENUE) BETWEEN TRUNK HIGHWAY 47 AND SPRINGBROOK DRIVE IN THE CITIES OF FRIDLEY, COON RAPIDS AND BLAINE, MN (SP 02-596-07) THIS AGREEMENT is made and entered into this _ day of , 2010 by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Fridley, 6431 University Ave NE, Fridley, MN 55432, hereinafter referred to as the "City". WITNES SETH WHEREAS, the parties to this agreement agree it is in the best interest of the traveling public to reconstruct County Road 132 (85 th Avenue) between TH 47 and Evergreen Blvd NW; and, WHEREAS, said parties mutually agree that County Road 132 (85 th Avenue) between TH 47 and Evergreen Blvd NW is in need of reconstruction; and, WHEREAS, the County has prepared final design plans for the reconstruction County Road 132 (85 th Avenue) between TH 47 and Evergreen Blvd NW in accordance with Anoka County and the Minnesota Department of Transportation standards to a staff approved layout condition; and, WHEREAS, Anoka County has jurisdiction over County Road 132 (85 th Avenue) between TH 47 and Evergreen Blvd NW; WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: PURPO SE The parties have joined together for the purpose of reconstructing the roadway, drainage, traffic control systems, as well as other utilities on a portion of County Road 132 (85 th Avenue) between TH 47 and Evergreen Blvd NW as described in proposed final engineering plans and specifications. The County project number for the reconstruction is SP 02-596-07, the City project number is 127-***-**. Said engineering plans are filed in the office of the Anoka County Highway Department and incorporated herein by reference. II. METHOD The County shall cause the construction of Anoka County Project SP 02-596-07, the City project number is 127-***-**, in conformance with proposed engineering plans and specifications. I. COSTS The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs, which will be incurred for this project. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. The estimated construction cost of the total project (including County furnished materials) is $1,592,086.43. Federal funds available for the Project are capped at $963,000.00. The federal funds shall be split based on the ratio of eligible cost incurred by each party to the total eligible project cost. Eligible costs are the costs of items that can participate in federal funding as shown on Exhibit A. Participation in the construction cost is as follows: 1. The City shall provide construction observation for the relocation and reconstruction of their utilities and approve for acceptance the work as it is completed. The City shall pay one hundred percent (100%) of the hydrant and curb box relocation and gate box adjustment as well as water and sewer relocation and construction. The estimated City cost of these items is $0.00. 2. The City shall pay one hundred percent (100%) for the non-participating and non-eligible portion of the storm sewer construction plus a percentage of the eligible portion of storm sewer construction. a. The estimated cost of the non-participating storm sewer is $0 of which the estimated cost to the City is $0. b. The cost of the eligible portion will be split between the City and County based on the ratio of contributing flow determined by the product of contributing area and runoff coefficient. The estimated percentage of contributing flow from the City is 0.0%. The total eligible estimated cost of the storm sewer is $0.00 of which the estimated cost to the City is $0.00. 3. The City shall pay its share of the cost of concrete curb and gutter. The City's estimated share is $3,937.50. 4. The City shall pay one hundred percent (100%) of the cost of Landscaping. The City's estimated cost for landscaping is $0. 5. The City shall pay their share of mobilization and traffic control as determined using the Engineer's Estimate. The estimated City cost of these items is $12,388.06. 6. The City shall pay 37.5% of the cost of construction and installation of the whole traffic actuated signal system (including county supplied supplies which is $20,000.00) at Springbrook Drive/ University Avenue Service Drive. The City's total share of the signal system construction is $112,562.50. �� 7. The total estimated cost to the City for the proj ect is summarized below: Construction or Adjustment of Local Utilities 2 Storm Sewer 3 Concrete Curb & Gutter 4 Landscape 5 Trail 6 Street Lights 7 Mobilization, Traffic Control 8 Traffic Signal $0.00 $0.00 $3,937.50 $0.00 $0.00 $0.00 $12,388.06 $112,562.50 Total Estimated Share of Construction Cost To The City $128,888.06 Estimated Federal Funds Available To The City $78,300.00 Total Cost Less Federal Funds $50,588.06 The total estimated construction cost to the City (less Federal Funds) for the project is $50,588.06. The City participation in construction engineering will be at a rate of eight percent (8%) of their designated share. The estimated cost to the City for construction engineering is $10,719.65 and total estimated cost to the City for the project is $61,307.71. Upon award of the contract, the City shall pay to the County, upon written demand by the County, ninety five percent (95%) of its portion of the cost of the project estimated at $58,242.33. The City's share of the cost of the proj ect shall include only construction and construction engineering expense and does not include administrative expenses incurred by the County. Upon final completion of the proj ect, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial ninety five percent (95%) charged will be made in the form of credit or additional charges to the City's share. Also, the remaining five percent (5%) of the City's portion of the construction costs shall be paid. IV V TERM This Agreement shall continue until terminated as provided hereinafter. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. SIGNALIZATION POWER The City shall at their sole expense, install or cause the installation of an adequate electrical power source to the service cabinet for all signal systems including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signals installation, the ongoing cost of the electrical power to the signals shall be the sole cost and expense of the City. X. MAINTENANCE A Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), and detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City. B. Maintenance of all sidewalks, including snow plowing, shall be the sole responsibility of the City. C. Maintenance of the bituminous trails shall be the responsibility of the City. D. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. E. Maintenance of the completed signal and signal equipment shall be the sole obligation of the County. F. The County shall maintain the traffic signal controller, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signal at the sole obligation of the County. G. Painting of the traffic signal shall be the sole obligation of the County. Any variation of painting color standards will be billed to the City. H. Timing of the traffic signal shall be determined by the County. I. Only the County shall have access to the controller cabinet. J. The traffic control signal shall be the property of the County. K. The City shall be responsible for maintenance of the luminaries, luminaire relamping, and luminaire painting. 4 L. All maintenance of the EVP System shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. M. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statutes § 169.01, Subdivision 5, and § 169.03. The City shall provide a list to the County Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. N. Malfunctions of the EVP System shall be immediately reported to County. O. All timing of said EVP System shall be determined by the County. P. In the event said EVP System or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP System. Upon removal of the EVP System pursuant to this paragraph, the field wiring cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. XI. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Manager of the City of Fridley, 6431 University Ave NE, Fridley, MN 55432, on behalf of the City. XII. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XII. ENTIRE AGREEMENT REOUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subj ect matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereo£ Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. IN WTTNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF FRIDLEY 5 i� Dennis D. Berg, Chair Board of Commissioners Dated: ATTEST I� Terry L. Johnson County Administrator Dated: RECOMMENDED FOR APPROVAL I� Douglas W. Fischer, P.E. County Engineer Dated: APPROVED AS TO FORM I� Dan Klint Assistant County Attorney Dated: : Dated: : Dated: : Dated: C: Scott J. Lund Mayor Dr. William W. Burns City Manager RESOLUTION NO. 2010 - RESOLUTION REQUESTING MUNICIPAL STATE AID SYSTEM CONSTRUCTION FUNDS FOR RECONSTRUCTION OF 85TH AVENUE (COUNTY ROAD 132) WHEREAS, Anoka County is proposing a project to remove the existing traffic control signal at County Road 132 (85th Avenue) and West University Ave. Service Drive (Springbrook Drive) and install a new traffic control signal including street lights and interconnect, and WHEREAS, the proj ect will include additional improvements including installation of curb and gutter, installation of inedian, and drainage upgrades, and WHEREAS, said construction project has being submitted to the 1VINDOT State Aid Office and identified in its records as S.P. No. 02-596-07, and WHEREAS, the City of Fridley has approved a Joint Powers Agreement (7PA) with Anoka County which identifies each entities' allocation of proj ect costs, and WHEREAS, the City of Fridley has determined that this improvement is a component of a systematic improvement of its transportation network, and, WHEREAS, the City of Fridley has budgeted the use of 2010 Municipal State Aid System funds in its Capital Improvement Plan to provide its cost share for this project, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, County of Anoka, that the an appropriation from its Municipal State Aid System funds in the estimated amount of $52,615.84 be made to apply toward certain construction of said project and request the Commissioner of the Department of Transportation approve this appropriation. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF APRIL, 2010. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � CffY OF FRIDLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF APRIL 12, 2010 William W. Burns, City Manager James Kosluchar, Public Works Director April 12, 2010 i����`��a�yz� Approve Resolution Requesting No Parking Signs on 85t" Avenue from Evergreen Boulevard to University Avenue (TH47) During the design of the signal at County Road 132 and the West University Service Drive (Springbrook Drive) by Anoka County, County Highway staff advised that they require a resolution passed by the City of Fridley for a parking prohibition on 85th Avenue between Evergreen Boulevard and University Avenue (TH47). Evergreen Boulevard is directly opposite the Springbrook Nature Center entrance. There are several reasons to prohibit parking on this segment of 85t" Avenue, including the higher posted speed (50 mph), limited shoulder width, and frequent access locations within the segment that is reduced speed (35 mph) near the signalized intersections. In addition, Anoka County plans to construct and urban section with curb and gutter as part of the signalization improvement project on 85t" Avenue. Staff recommends the City Council pass the attached resolution requesting no parking sign installation on 85th Avenue from Evergreen Boulevard to University Avenue (TH47). JPK/jpk Attachments LOCATION MAP PROPOSED PARKING PROHIBITION 85T" AVENUE (CR 132) 4/12/10 The yellow line indicates location of proposed parking prohibition in the figure above. RESOLUTION NO. 2010- RESOLUTION REQUESTING NO PARKING SIGNS ON 85TH AVENUE (CR 132) FROM EVERGREEN BOULEVARD TO UNIVERSITY AVENUE (TH 47) WHEREAS, 85TH Avenue (CR 132) in the City of Fridley is not conducive to on-street parking due to its higher posted speed, limited shoulder width, frequent access locations, and WHEREAS, ample off-street parking is available adjacent to this segment of 85TH Avenue, and WHEREAS, Anoka County is currently preparing construction plans for the reconstruction of a traffic signal at Springbrook Drive (West University Service Road) and 85TH Avenue, and the project design will be conditioned on whether parking will be prohibited or maintained on this segment of 85TH Avenue, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the Anoka County Commissioners authorize the placement of No Parking signs on both sides of 85TH Avenue (CR 132) from Evergreen Boulevard to University Avenue (Trunk Highway 47). IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12Tx DAY OF APRIL, 2010. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF APRIL 12, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Works Director April 12, 2010 85th Avenue Trail Project ST2007-4 - Change Order #5 PW 10-022 Attached is Change Order #5 for the 85th Avenue Trail Project No. ST. 2007-4. This change order includes additional work outside of the original contract for various reasons. The amount of this change order is $4,883.44. 80% of this change order is eligible for federal funding and the remaining $976.69 would be paid from the City's MSA account. The following items have been approved by MN/DOT for use of Federal funds. The first item is additional work to provide traffic control for the closure of the right thru lane on 85th Avenue. The BNSF Railroad agreed to install a crossing for the new trail at no cost to the City. The Engineer determined that the e�sting traffic control on the proj ect could be modified to accommodate the BNSF Railroad work The Contractor installed a right lane closure in accordance with the MnDOT Field Manual as directed by the Engineer. The second item is for the installation of 6 bicycle racks in the kiosk area. After the bicycle racks were delivered, it was discovered that due to changes in the kiosk, only 2 would be needed instead of six. The cost covers the cost of materials and delivery. The City will retain the additional bicycle racks for its own use. The third item is for electrical revisions to three (3) lighting units on the kiosk The Contractor recommended that the electrical wire not be installed within the steel frame during construction of the frame as the frame will be hot dipped galvanized. Engineer provided revisions to the proposed electrical plan that will enable the Contractor to install the wires after the frame is galvanized. The contractor installed an electrical wireway within the kiosk frame as directed by the Engineer. The fourth item is for irrigation repairs adjacent to the bituminous trail on private property. During the excavation for the trail the Contractor encountered an existing sprinkler system on property owned by Slumberland. That system could not be avoided. Sprinkler heads and lines were relocated during the excavation. The sprinkler system was restored to the same condition as before the trail construction. Staff recommends the City Council approve Change Order #5 to Colt Construction in the amount of $4,883.44. The revised contract amount shall be increased to $877,589.33. LRO/lro Attachment CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 Colt Construction Services, LLC 285 Forest Grove Dr. Ste #126 Pewaukee, WI 53072 SUBJECT: Change Order No. 5— 85th Avenue Trail Project No. ST2007-4 Gentlemen: April 12, 2010 You are hereby ordered, authorized, and instructed to modify your contract for the 85th Avenue Trail Project No. ST2007-4 by including the following items: Item No. Item Description Cost Traffic control on 85 Ave. while BNSF installed trail crossing across 1 rails. $385.00 2 Delive and material cost of 4 bic cle racks. $1,912.07 3 Revision of kiosk frame to accommodate electrical wireway. $389.32 4 Restore s rinkler heads and irri ation lines on Slumberland ro e $2,197.05 Total $4,883.44 Submitted and approved by James Kosluchar, Director of Public Works, on the 12th day of April, 2010. James P. Kosluchar, Director of Public Works Approved and accepted this day of , 2010 by Colt Construction Services, LLC. Colt Construction Services, LLC., Representative Approved and accepted this day of , 2010 by CITY OF FRIDLEY Scott Lund, Mayor Wlliam W. Burns, City Manager � � CffY OF FRIDLEI' TO From DATE AGENDA ITEM CITY COUNCIL MEETING OF APRIL 12, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne R. Otteson, Assistant Public Works Director April 12, 2010 PW10-023 SUBJECT: 2010 Water Main Rehabilitation Project No. 391 - Resolution Directing Preparation of Final Plans and Ordering Advertisement for Bids The attached resolution directs preparation of final plans and specifications and authorizes the advertisement for bids for the 2010 Water Main Rehabilitation Project No. 391. This project comprises 2 separate areas of water main work. The first area rehabilitates the existing 8" water main on Mississippi Street from Anoka Street to McKinley Street (700 feet). The Water Division has been tracking an unusually high concentration of water breaks along this segment of Mississippi Street. The water table is high which results in additional repair costs as dewatering is required. Staff determined the most cost effective method to rehabilitate this segment of water main is to use trenchless technology for this work rather than conventional open trench excavation. The City will allow directional drilling and pipe bursting to compete against each other. The cost of this work is estimated to be $120,000. The second area involves the installation of approximately 350 feet of new 6" main from 7tn Street into Commons Park. The Water Division and Engineering Division have reviewed the need to upgrade the service connection to the irrigation system. Currently, the irrigation system is fed directly from well numbers 6, 7, 8, and 9. This unfiltered water causes unusually high maintenance costs for sprinkler operation. Separating this system from the raw water system will allow accounting for irrigation appropriations, and eliminate potential for cross-contamination between systems. The City will allow directional drilling and conventional open trench excavation to compete against each other. The cost for this work is estimated to be $40,000. Staff recommends combining both areas together into one project to save costs. Staff also recommends allowing contractors to select various methods to perform the work to allow greater competition which will result in lower costs. In 2009, the City used this bid process to allow competing methods for the rehabilitation of University Avenue Service Drive (73rd Avenue to Osborne Road). The result was shorter window of construction, more competitive bids, and lower bid prices. The total estimated cost of the project is $160,000. The costs will be funded through the water utility. Staff recommends adopting the attached resolution to prepare final plans and specifications and call for bids for the work. JPK;Iro Attachments RESOLUTION NO. 2010 - A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: 2010 WATER MAIN REHABILITAION PROJECT NO. 391 WHEREAS, the City Council of the City of Fridley has established a policy of rehabilitating water main when necessary, and WHEREAS, the Director of Public Works has submitted a plan showing the water main in need of replacement for the current year, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: That the water main recommended for rehabilitation by the Public Works Department be replaced, and the work involved in said improvement shall hereafter be designated as 2010 Water Main Rehabilitation Project No. 391. The project will include segments described as follows: Mississippi Street from Anoka Street to McKinley Street Commons Park from 7t'' Street to 350 feet easterly 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore are hereby approved and shall be filed with the City Clerk. The work to be performed under 2010 Water Main Rehabilitation Project No. 391 be performed under one contract as may be feasible based on bids received. The Director of Public Works shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published at least 10 days prior to bid opening, and shall specify the work to be done and will state that bids will be opened at 10:00 a.m. on Wednesday, May 5, 2010, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Director of Public Works and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5%) of the amount of such bid. That the advertisement for bids for 2010 Water Main Rehabilitation Project No. 391 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF APRIL, 2010. SCOTT J LUND - MAYOR Attested:A DEBRA A. SKOGEN - CITY CLERK PRELIMINARY REPORT FOR 2010 WATER MAIN PROJECT NO. 391 FRIDLEY, MINNESOTA I hereby certify that this plan, specifications, or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer with the laws of the State of Minnesota. Date Layne R. Otteson, P.E. Registration No. 42079 APRIL 2010 1 TABLE OF CONTENTS Description Table of Contents Introduction Proposed Improvements Background Estimated Costs Funding Sources Summary Appendix Figure A Figure B Figure C Figure D Figure E Figure F Project Map — Mississippi Street Project Map — Commons Park Mississippi Street Costs Commons Park Costs Soil Boring Map Mississippi Street Boring Log 2 Paqe No. 2 3 3 3 3 4 4 5 6 7 8 9 10 INTRODUCTION The Engineering Department has proposed to City Council the 2010 Water Main Project No. 391. The work would take place in 2 areas of the City. The first area is on Mississippi Street from Anoka Street to McKinley Street. Please refer to the attached Figure A location map. This area falls within the scheduled mill and overlay of Mississippi Street this summer. The second area is on 7t" Street and within a portion of Commons Park. Please refer to the attached Figure B location map. 7tn Street is programmed within the Capital Improvement Program to be rehabilitated in 2012. This is a public improvement project and will include asphalt removal, water main installation, asphalt paving, concrete curb repairs and boulevard restoration. The length of the project is approximately 1,100 feet. PROPOSED IMPROVEMENTS Area A — Mississippi Street Staff has identified rehabilitating the 8" water main on Mississippi Street (County Road 106) from Anoka Street to McKinley Street. Staff also recommends replacing water main laterals which extend into adjacent streets of Anoka Street, Fridley Street, and McKinley Street. The work is recommended due to the quantity of breaks, cost of each break repair with a high water table, and Mississippi Street being resurfaced this summer. Other work will include reconnection of water services and gate valve replacement. Hydrants will be evaluated for replacement. Staff recommends the lateral pipes be replaced to a length of approximately 50 feet into each adjacent street. The contractor will also be required to install a temporary water service network to provide water to the residents with minimal water service disruption. The contractor is also expected to require a dewatering system to perform the required excavations. Staff has determined that the main line work on Mississippi Street should be performed using trenchless methods. The Contractor will have the option of directional drilling or pipe bursting. These options would be expected to result in a cost savings for the work with similar performance after replacement. Conventional open trench excavation will not be considered as additional street reconstruction and dewatering will significantly increase costs by approximately $80,000. Area B — Commons Park Water main installation should be considered from 7t" Street to a point 350 feet easterly into Commons Park. The 6" pipe shall be installed and connected to Commons Park's irrigation system. At the connection point, additional pipe fitting will be required to accommodate the installation of a back flow prevention devise. Construction options should include directional drill and conventional open trench excavation due to comparable cost estimates. These options would be expected to result in a cost savings for the work with similar performance after replacement. 3 BACKGROUND Area A — Mississippi Street The Water Department has recorded water main breaks throughout the City in a map data base. This segment of Mississippi Street has an unusually high concentration of breaks. Staff believes that the cast iron water pipe is susceptible to deterioration and differential soil settlement due to the unusually high water table. Subsurface soil exploration confirmed the water division's high water table concern. Due to the high water table, each water main break incurs additional costs of about $2,500 for dewatering. The soils are generally granular in nature. The water main is located in the east bound lane and is approximately 10 feet from the curb line. Because Mississippi Street is a County roadway, additional costs are incurred due to permitting and specified traffic control. Area B — Commons Park Currently, the irrigation system is fed directly from well numbers 6, 7, 8, and 9. This unfiltered water causes unusually high maintenance costs for sprinkler operation. Separating this system from the raw water system will allow accounting for irrigation appropriations, and eliminate potential for cross-contamination between systems. No soil borings were performed in the project area, but soil borings within a few blocks indicate granular soils with no presence of high water table. The water main located on 7th Street is located in the southbound lane about 8 feet from the curb. ESTIMATED COSTS The project cost is estimated to be $160,000. The Mississippi Street work is approximately $120,000 and the Commons Park is approximately $40,000. A 15% contingency is included due to unforeseen conditions and the potential escalation of asphalt and fuel prices. All costs are preliminary, but are expected to stay within the budgeted amount. The estimated costs are on Figure C. A cost estimate using conventional open trench method was also calculated as a comparison with directional drilling and pipe bursting on Mississippi Street. The cost of the conventional open trench is significantly higher and shouldn't be considered for portion of the project. FUNDING SOURCES The cost for the water main replacement is approximately $160,000. Costs for this project will be paid using the water fund as identified in the budget. The utility portions of the project, budgeted in the 2010 Capital Improvement Plan, can be financially supported through the water rates as currently established. 0 SUMMARY The work proposed fits within the 2010 Capital Improvement Plan. The project is cost effective, necessary, and feasible from an engineering standpoint as stated in this report. The Engineering Department recommends that the City Council approve this project. FIGURE A FIGURE B FIGURE C FIGURE D FIGURE E FIGURE F APPENDIX PROJECT MAP — MISSISSIPPI STREET PROJECT MAP — COMMONS PARK MISSISSIPPI STREET COSTS COMMONS PARK COSTS SOIL BORING MAP MISSISSIPPI STREET BORING LOG 5 Figure C Mississippi Street Watermain Rehabilitation Directional Drilling UNIT EST. DESCRIPTION UNIT COST QTY Mobilization LS $ 7,000.00 1.00 Remove Pavement SY $ 5.00 350.00 Remove Existing Pipe LF $ 5.00 200.00 Remove Existing Service Pipe LF $ 5.00 20.00 Remove Existing Gate Valve EA $ 200.00 5.00 Connect to Existing Water System EA $ 2,000.00 5.00 F&I 6" GV EA $ 1,000.00 5.00 F&I 6" Watermain w/ 8 mil poly LF $ 40.00 100.00 F&I 8" Watermain HDD LF $ 50.00 625.00 F&I 1" Corp EA $ 200.00 3.00 F&I 1" Water Service LF $ 50.00 15.00 Connect to Existing Service EA $ 1,200.00 3.00 Fittings LBS $ 5.00 1,000.00 Dewatering LS $ 4,500.00 1.00 Temporary Water Service LS $ 6,000.00 1.00 Boulevard Restoration LS $ 1,000.00 1.00 Pavement Restoration (5" Bit and 8" CI5) SY $ 60.00 350.00 15% ' Street patch work performed by PW Street Department Grand Pipe Bursting UNIT EST. CITY DESCRIPTION UNIT COST QTY COST Mobilization LS $ 7,000.00 1.00 $ 7,000.00 Remove Pavement SY $ 5.00 350.00 $ 1,750.00 Remove Existing Service Pipe LF $ 5.00 20.00 $ 100.00 Remove Existing Gate Valve EA $ 200.00 5.00 $ 1,000.00 Connect to Existing Water System EA $ 2,000.00 5.00 $ 10,000.00 F&I 6" GV EA $ 1,000.00 5.00 $ 5,000.00 F&I 6" Watermain w/ 8 mil poly LF $ 40.00 100.00 $ 4,000.00 F&I 8" Watermain HDD LF $ 50.00 625.00 $ 31,250.00 F&I 1" Corp EA $ 200.00 3.00 $ 600.00 F&I 1" Water Service LF $ 50.00 15.00 $ 750.00 Connect to Existinq Service EA $ 1,200.00 3.00 $ 3,600.00 LRO 16-Mar-10 CITY COST 7,000.00 1, 750.00 1,000.00 100.00 1,000.00 10,000.00 5,000.00 4,000.00 31,250.00 600.00 750.00 3,600.00 5,000.00 4,500.00 6,000.00 1,000.00 21.000.00 Temporary Water Service LS Boulevard Restoration LS Pavement Restoration (5" Bit and 8" CI5) SY Traffic Control LS ' Street patch work performed by PW Street Department Conventional Open Trench Excavation DESCRIPTION UNIT move move move move ' Street patch work performed by PW Street Department $ 6,000.00 1.00 $ 6,000.00 $ 1,000.00 1.00 $ 1,000.00 $ 60.00 350.00 $ 21,000.00 $ 1,500.00 1.00 $ 1,500.00 $ 104,050.00 15% Cont $ 15,607.50 Grand Total $ 119,657.50 UNIT EST. CITY COST QTY COST $ 179,685.00 15% Cont $ 26,952.75 Grand Total $ 206.637.75 Figure D 7th Street and Commons Park Watermain Rehabilitation Directional Drilling DESCRI PTION Mobilization Remove Pavement Remove Existing Pipe Connect to Existing Water System F&I 6" WM HDD Fittings 3" Bituminous Pavement w/ class 5 Traffic Control Boulevard Restoration UNIT LS SY LS EA LF LBS SY LS LS * Street patch work performed by PW Street Department Conventional Open Trench Excavation DESCRI PTION Mobilization Remove Pavement Remove Existing Pipe Connect to Existing Water System F&I 6" Watermain Fittings 3" Bituminous Pavement w/ class 5 Traffic Control Boulevard Restoration UNIT LS SY LS EA LF LBS SY LS LS * Street patch work performed by PW Street Department COST $ 3,000.00 $ 5.00 $ 3,500.00 $ 1,500.00 $ 50.00 $ 5.00 $ 35.00 $ 1,000.00 $ 500.00 COST $ 2,000.00 $ 5.00 $ 3,500.00 $ 1,500.00 $ 45.00 $ 5.00 $ 35.00 $ 2,000.00 $ 2,500.00 QTY 1.00 $ 30.00 $ 1.00 $ 2.00 $ 400.00 $ 500.00 $ 30.00 $ 1.00 $ 1.00 $ 15% Cont Grand Total �■ �� � .� �� � �� � �� � -�� ��� �� �� � .� �� � �� � �� � 15% Cont Grand Total LRO 16-Mar-10 COST 3,000.00 150.00 3,500.00 3,000.00 20,000.00 2,500.00 1,050.00 1,000.00 500.00 39,905.00 COST 2,000.00 300.00 3,500.00 3,000.00 18,000.00 2,500.00 2,100.00 2,000.00 2,500.00 41,285.00 r 4 . � - ..� �: a �.. 4 . � � � � ... � -- � � , 4 .. � _ 1l} ?.: �� � ... r� : � ._ r� �, !�E.; � _ � � � Q�7 Q � R"} � Q TI � .�P Q � ..: .....m,._... � ;. .. ..... � 'i � : � .. ' . � � � � �',, ,,: � � �� � � � � N � � � � � � 1 SER1fiCE 1 'r� ILI'CG111 L4vL r� � STAiE TRUP� H� 2010 WATERMAIN REHABILITATI❑N S❑IL B❑RING MAP f��e[�1:1�� n € ,� �,,UC ;.� I�S�N� �� �. C4�M1Nht:L � � �., .., AVE NE �1i� DATE� APR, 9, 2010 SCALE =NTS RAWN BY� DBB LOG OF BORING NUMBER AEC�M Gity of Fridley PROJECT NAME ARCHITECT-ENGINEER Proposed 2d10 Street & Utility Improvements Fridley Proj. ST2410-10 SITE LOCATION ,� UNCONFINED COMPRESSlVE STRENGTH VariQUS Streets TONSlF7 2 3 4 5 � I � P�ASTIC WATER LIQUID z I z �IMIT % CONTENT % �IMIT % W ° a ''� DESCRIPTIONOFMATERIA� �- �----f----� � y �z H� o � > T 10 20 30 �0 56 W w w w Iw y � F t] W a a�� d O � �' STtI�DARC PENETRATION can cdn ;I c`�n � SURFACE ELEVATION � m � couNr e�owsrFr 10 20 30 40 5Q 5-114" bituminous pavement Q.5 AS ', 7-314" aggregate base ��. Q .1.1 Silty sand with gravel - dark brown - moist -(SMj 1 AS' 6.Q Silty sand, fine to medium grained - moist to wet -(SM} 2 RS', 3 AS', 7.0 � End of boring at 7 feet, o Boring backfiiled wiCh cuCtings. � i � � � � �' W m � w � W ❑ � The stratification lines represent the approximate boundary lines between soil types: in situ, the transition may be gradual. � ° w� eoRiNC srarzTEO aECOrv� oFFicE Minneapolis Area o DRY 1211f09 ��. WL BORING GOMP�E7ED EN7ERED BY SHEET NO. OF c� RTM 1 1 z a WL ftIG;FOftEMAN APP'D BY AEC6M PftOJECT NO. m GMC-35�OIKevin WAG 6008997� �010 WATERMAIN REHABILITATI❑N DATE� APR, 9, zo�o MISSISSIPPI ST, B❑RING L❑G SCALE =NTS F I G U R E � DRAWN BY� DBB � AGENDA ITEM � COUNCIL MEETING OF APRIL 12, 2010 � �F CLAI MS FRIDLE7` CLAIMS 145628 - 145789 � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 12, 2010 ��F LICENSES FRIDLE7` TYPE (�F LICENSE: APPLICANT: ' ' APPROVEIa B�: Tree Removal Wri ht Tree Service, Inc. Police De artment Ira Signalness Public Works Temporary Liquor Fridley Lions June 25- 27 Community Park Public Safety June 24-26 Commons Park Li uor Control Aug. 20-22 Community Park Peddler/Solicitor The Window Store Police Department Aaron Halvorson Zachary M Barthel � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 12, 2010 ��F LICENSES - RENEWAL FRIDLE7` License Type Applicant Approved By: Tree Removal F.A. Bartlett Tree Expert Public Safety Company Public Works Chris A. Romer Asplundh Tree Expert Company Public Safety Wa ne K. Baile Public Works Western Tree Service Inc Public Safety Dennis H. Fink Public Works Minnesota Tree Experts Public Safety Jacob J. Gall Public Works Conditional use restrictions Central Minnesota Tree Service Police Department James Savre Public Works Northeast Tree Inc Police Department L nn K Welles Public Works Arbortech Stump Police Department Christo her Bi es Public Works Refuse Hauler Boone Trucking Inc Public Safety Gerald Boone Recycling Coordinator City Clerk Randy's Sanitation Inc Public Safety Randall Roskowiak Recycling Coordinator Cit Clerk Dick's Sanitation Service Inc Public Safety Roll-Off Recycling Coordinator Brett Anderson Cit Clerk Refuse Haulers (Continued) WTI — Waste Technology Inc Public Safety David J Hayes Recycling Coordinator City Clerk Keith Krepenny & Son Public Safety Keith Krepenny Recycling Coordinator Cit Clerk VEIT Container Corp dba VEIT Public Safety Disposal Recycling Coordinator Steve Hal ren, President Cit Clerk Used Motor Vehicle & Junk CoPart of Connecticut Public Safety Yard 3737 E. River Road Community Development Paul A. St er Motor Vehicle Body Repair Fridley Motor Co dba Friendly Public Safety and Used Car Sales Chevrolet Community Development 7501 Highway #65 Fire Department Loren Holub Motor Vehicle Body Repair ABRA Minnesota Inc dba AB Public Safety Auto Body & Glass Community Development 7710 University Ave S Fire Department Duane A Rouse Newman Automotive LLC dba Public Safety Fridley Auto Body Community Development 960 Osborne Road NE Fire Department Yolanda Newman Mc Clure Automotive Inc dba Public Safety MAACO Collision & Auto Community Development Painting Fire Department 148 Osborne Road NE Charles McClure Hotel/Motel Rixmann — Fridley LLC dba Community Development LivINN Suites Ltd Fire Department 5201 Central Ave NE Public Safety Wa ne P Rixmann Food Sales Wheeldon Foods dba McDonald' Community Development 8100 University & 244 57th Ave Fire Department Mark A. Wheeldon Public Safet Food Sales (Continued) Mike's Discount Foods Community Development 230 Osborne Road Fire Department Michael Abernathy Public Safety Taco Bell #20117 Community Development 7295 University Ave NE Fire Department Lee En ler Public Safet Wong's Gourmet Community Development 1254 East Moore Lake Fire Department Lisa Chen Public Safet Seoul Foods Community Development 1071 East Moore Lake Fire Department K un Ahn Public Safet College Town Pizza Inc dba Community Development Dominds Pizza Fire Department 7510 University Ave Public Safety William B. Graves Bosnian Supermarket Community Development 6237 University Ave Fire Department Sanela Hosco Public Safety LTF Club Operations Company Community Development Inc dba Life Cafe Fire Department 1200 E Moore Lake Public Safety Eric Buss Maricopa Mgmt Inc dba Zantig Community Development Donald P Kaelble Fire Department 680 Commerce Drive Public Safet Food and Tobacco Mr. Discount Tobacco Community Development Fire Department Bilal Haidaii Public Safety Food, Tobacco & Retail Gas Super Stop #1 Inc Community Development 5300 Central Ave Fire Department Raees A Chohan Public Safet Riverboat Food & Fuel Community Development 7883 East River Road Fire Department Mohamed Zaro Public Safet Food, Tobacco & Gas (Cont) University Holiday Market Community Development 7295 University Ave Fire Department Andrea Drake Public Safety Pawn Shop Pawn America Police Department 789 53rd Ave Bradle Rixmann Pawn Shop - Managerial Adrienne Lee Oxley Public Safety Stephanie O'Keefe Frank Bahl Pawn Shop Cash-N-Pawn of Minnesota dba Public Safety Cash-N-Pawn/Max Pawn 7300 University Ave James Thomas Pawn Shop - Managerial Jason D Dillard Public Safety James D Thomas Message Therapy Evelyn Ashford Public Safety All the Difference Cit Clerk Samuel Petersen Public Safety Life Time Fitness Cit Clerk Colleen B Roskowiak Public Safety Life Time Fitness Cit Clerk Sarah E. Gibson Public Safety Life S a Cit Clerk Food and Off-Sale 3.2% Malt Target Corporation dba Target Public Safety Liquor Store T-2200 Fire Department 755 53rd Avenue City Clerk Patricia A Johnson, VP Tax Food, Tobacco and Off-Sale Sam's West Inc dba Sam's Club Public Safety 3.2% Malt Liquor #6310 Fire Department 8150 University Ave City Clerk Lori Cottrell Fridley 1998 LLC dba Cub Food Public Safety 246 57th Ave Fire Department John Pierce Breedlove Cit Clerk Food, Tobacco, Retail Gas an 4 Corners Gas & Convenience Public Safety Off-Sale 3.2% Malt Liquor 1301 Mississippi Street Fire Department Steven Haws City Clerk Erickson Oil Products Inc dba Public Safety Freedom Valu Center #58 Fire Department 7600 University Ave City Clerk David B Erickson Speedway SuperAmerica LLC Public Safety dba Super America Fire Department Store #4175 5667 University Ave City Clerk Store #4199 7299 Hwy 65 Store #4207 7449 E River Rd Ronald L. Edmiston, Treas. � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 12, 2010 ��F LICENSES FRIDLE7` Contractor T e A licant A roved B Carlson Exteriors & Landsca in Commercial or S ecialt Richard Carlson Ron Julkowski, CBO Dakota Mechanical of Minnesota Heatin Geor e Fredricks Ron Julkowski, CBO Pride Heating & Air Conditioning Heating James McFarland Ron Julkowski, CBO Priorit Air Mechanical LLC Heatin Co Howard Ron Julkowski, CBO � � �ff1' 4F FRIDLE7` To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF April 12, 2010 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 30, 2010 Second Reading of an Ordinance Amending Chapter 30 Lawful Gambling of the Fridley City Code Defining Licensed Organizations In December of 2009 the Mayor brought concerns from some of the Fridley organizations who want to conduct charitable gambling, but can't seem to find a location in the city, nor in neighboring cities. Staff surveyed eight cities and found seven cities had restrictive language requiring organizations to be located within the City. Based on these concerns, staff discussed the issue with the City Attorney and the City Council to prepare an ordinance for their review in February. After further discussion with the City Council and City Attorney, staff made a few more revisions of the ordinance. The City Council held the first reading on March 29, 2010, and directed staff to notify the liquor establishments and current gambling organizations of the proposed changes. Letters were mailed out on March 30, 2010 to all liquor establishments and to the organizations currently conducting lawful gambling within the City. Staff recommends holding the second reading of an Ordinance Amending Chapter 30 Lawful Gambling of the Fridley City Code Defining Licensed Organizations, as shown in Attachment 1. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 LAWFUL GAMBLING OF THE FRIDLEY CITY CODE DEFINING LICENSED ORGANIZATIONS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: CHAPTER 30. LAWFUL GAMBLING 30.01 STATEMENT OF POLICY The City of Fridley deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes Section 349.213. The Citv finds that, for the purposes of �reater supervision and access of information, a more restrictive requirement for the location of licensed or�anizations to those located within the Citv is in the interest of the health and safetv of the citizens of the Citv of Fridle� 30.02 DEFINITIONS The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this chapter. Licensed organizations in the City of Fridley may be permitted to conduct lawful gambling or use any gambling device allowable by Chapter 349. Licensed Or�anizations In order to be eli�ible for a premises permit, an or�anization must meet the followin� requirements: A. The activities of the or�anization directiv or primarilv benefit the citizens of Fridle� B. One-third of the or�anization's members reside in the Citv of Fridlev. The or�anization must file a list containin� the names and addresses of all current members with each new application for a premises permit; and annuallv thereafter with the citv clerk; or the or�anization must have had a principal business or operations location in the Citv of Fridlev for a continuous period of at least one vear immediatelv precedin� the permit request and must maintain such a location to conduct business as lon� as the or�anization operates lawful a� mblin� activities in the cit� C. Or�anizations that are currentiv conductin� lawful a� mblin� in the Citv of Fridlev who do not meet the requirements above shall be allowed to conduct lawful �amblin� until April 30, 2012 or until their Lease for Lawful Gamblin� Activitv expires, whichever occurs first. Ordinance No. 30.03. REGULATIONS 2 Page 3 Licensed organizations conducting lawful gambling within the City of Fridley shall expend ° seventv-five percent 75%� of its expenditures for lawful purposes conducted or located within the City of Fridley trade area. The Fridley trade area is limited to the City of Fridley and each city contiguous to the City of Fridley. Licensed organizations conducting lawful gambling within the City of Fridley must file a copy of monthly gambling board financial reports to the Fridley city clerk. .,,�.�;,,,. „ ,-.,�;,,,,� ; o ��,.,,, �.,,,, r „ ��,o r;�., PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12tn DAY OF APRIL 2010. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading. March 29, 2010 Second Reading: April 12, 2010 Publication: Apri122, 2010 � � CR7 �F FRIaLEY AGENDA ITEM CITY COUNCIL MEETING OF To: William W. Burns, City Manager April 12, 2010 From: Richard D. Pribyl, Finance Director Donovan Abbott, Public Safety Director Date: April 8, 2010 Re: 2010-11 Liquor License Renewals Debra A. Skogen, City Clerk Robert Rewitzer, Police Captain The annual liquor license renewals have been reviewed by staff. All on-sale intoxicating liquor license establishments, 3.2% on-sale and wine, and club on-sale intoxicating liquor licenses up for renewal have all provided the necessary insurance, bond, and CPA statement with supporting documentation pertaining to food to liquor sales as required by City Code. After reviewing the supplied documentation, it was found these establishments have complied with the City Code requirement of 40% food sales and 60% liquor sales, or 30% food sales for restaurants within bowling alleys. The police review found no major issues that would prevent these establishments from receiving a renewal on-sale liquor license. They have provided information per establishment on the number of calls received, number of police calls per $lOK, calls per service ratio, and whether or not they failed either of the two compliance checks made in 2009. Based on the information above, staff recommends approval of the following liquor license renewals at this time: On-Sale Intoxicating Liquor License ■ AMF Bowling Centers Inc dba AMF Maple Lanes ■ Applebee's Restaurant North LLC dba Applebees Neighborhood Grill & Bar ■ BAM Inc dba Shortstop - Fridley ■ Billiard Street Cafe Inc dba Two Stooges Bar & Grill ■ Fridley Grill LLC dba Pickle Park ■ GMME Dough Inc., dba Broadway Bar & Pizza ■ JWWB Inc dba Baggan's Pub ■ King's Restaurant ■ Shorewood Inc dba Shorewood Restaurant in Fridley On-Sale 3.2% Malt Liquor and Wine License ■ Rob Did it Again Inc dba Chris & Rob's Chicago Taste Authority ■ India Express dba India House On-Sale Club Intoxicating Liquor Licenses ■ Fridley American Legion ■ Fridley VFW ■ Fridley Knights of Columbus � O � � � � � � CC � � � ��/ Fil � � � � C� i� O � � I� � � O � O N � � O � � M O O O ,—, � � � � � � O �i � O � ,� � i O � � � O � "� � � � � � O � � � x � °' � � U U UV S�' � � � � o° U U y� O O �" cd l O I� � � O M N N � � � � 0 O ,-� � � O '.� N N � O U � '� U a� � U a� U � � O U ar� � � \.J -� �, � � �° �: � � � O � U O � � � • O S"-' � � N � N � ,O � '� ,O ,�-� O � � '� ° � ,� Z � � o � � � � � � � � � a., � � on � °' o � � '� ° � ��� �� � �� �� �� o � � a' o o � � � a' � � Z U •� y..i � � � � � � � � � � � •� O O � � � �c�.� O O � � � O � U U •� O ,� � U U •� �' U � Z Z � Z �� Z Z �� � Z 0 r� O N O N 0 N 0 0 N O N 0 N O O N �. �. 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